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Date: 12-02-2020
Business: Adv.Ansari for plaintiff present and tendered original NM 700/2020 along with affidavit in support.
Adv. Khandagle for MCGM/Deft. present.
Heard both sides.
Matter adjd to 15.02.2020 for order on ad-interim
Next Purpose: ORDER
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Adv. Ansari for plaintiff present.
None for defendant MCGM(M west ward)
Perused notice of motion, contents of plaint, documents annexed there to.
Hared both sides.
The plaintiff come with the case that, defendant threat to demolish/dismantle the mobile tower without following the due process of law. Defendant shall give proper hearing to plaintiff and order and submission filed by the plaintiff mobile tower company. Were as Ld.Adv.Khandagle for corporation for strongly objected for ad-interim relief as no locos standi to the plaintiff to file this suit. In absence of prima facia case of authorization of suit premises that is mobile tower. Therefore, no ad-interim relief granted. Ld. Adv. for plaintiff has placed reliance on judgment of Hon\''ble High Court in 2007 (4 ) ALL MR 97 to support his submission that no authority can be permitted to take unilateral action, even if structure is unauthorized accept by following due process of law.
In case of threats to the plaintiff will be affected if threats are exhibited and therefore he has right to file suit. In such circumstances were as on 22.01.2020 the plaintiff by hand made application to the corporation for permission/regularization of mobile tower. In support plaintiff has filed document to show that he is owner CPS no.353 that is suit premises. IN the light of observation made by Hon\''ble High Court as discussed supra and considering the bonafied attempt of plaintiff to seek permission and as per the circular dtd.17.02.2018 of Government of Maharashtra (Telecom policy) plaintiff is entitled for ad-interim relief till next date.
1. Corporation shall take any coercive action against mobile tower erected in suit premises. Till
2. Corporation shall take fine/paynalty for making delay in application for regularization/permission of mobile tower as per rule.
3. Corporation shall take decision on the application of plaintiff as early as possible on merit and supervise as per the direction seen para A- of telecom tower policy dtd.17.02.2018 scrpuplously from plaintiff.
4. It is made clear that if the defendant/MCGM has initiated action by following due process of law against the suit premises this order will not prevent it from taking further action in accordance with law.
Authenticated copies be given to the both parties.
Matter adjd to 29.04.2020 for NM reply.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 29-04-2020
Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 20-05-2020
Date: 20-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Business: due to lockdown
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: None for plaintiff.
Adv. Mrs. Hajare h/f Adv.Khandagale for Defendant/MCGM present and requested for time to file reply to N/M. O-Time granted till next date.
After perusal of order dated 15.02.2020 it transpires that inadvertently in order passed 1) corporation shall take any pursue action against mobile tower directed in suit premises till next date.
In view of provisions of section 152 of CPC the typographical mistake is corrected by adding word Not.
corporation shall NOT take any pursue action against mobile tower directed in suit premises till next date.
All other order from point 2 to 4 will remain as it is.
Earlier order, if any, to continue till next date.
Matter adjd to 22.02.2021 for N/M Reply.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 09/04/2021 for NM Reply.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 23/06/2021 for NM Reply.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: CORAM : H.H.J. D. D. ALMALE, (C.R.NO.06)
(Matter pertains to C.R. No. 08)
Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Tonwalkar for defendant No.1 and 2/MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 06-10-2021 for NM Reply.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Adv Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
None for defendant no.3.
Earlier order, if any, to continue till next date.
Adjd. To 24/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Adv. Shirish Shigwan h.f. Adv. Ansari Assgar Kalim for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant No. 1 and 2/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
None for Defendant No.3.
Earlier order, if any, to continue till next date.
Matter is adjd to 03/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant /MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 14/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Advocate Ansari Asggar Kalim for the Plff Present.
Advocate Tondwalkar for Deft / MCGM Present.
Both parties sought time for taking directions in respect of keeping matter before Lok Adalat from concerned parties, hence, on request, Matter is adjd for NM Reply on 02/03/2022.
Earlier order, if any, to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv Shirish Shigwan h/f Adv Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present.
None for defendant no.3.
By consent of advocate for plaintiff and advocate for defendant nos.1 and 2 / MCGM , matter is referred to National Lok-adalat will be held on 12.03.2022 at 10.30 a.m.
Issue notice to the defendant no.3 to remain present before National Lok-adalat will be held on 12.03.2022 at 10.30 a.m.
Earlier order, if any, to continue till next date.
Adjd. to 12/03/2022 for National Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022
Date: 12-03-2022
Business: Advocate Shirish for Plaintiff present. Mr. Rahul Jadade from the office of Suyog Telematics Ltd present. Adv. Tondvalkar for BMC M/W and M/E present. After discussion, matter could not be settled. Hence adjd to 25.4.22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Adv. Mr. Sigwan h/f Adv. Ansari Asggar Kalim for plaintiff present.
Adv Mrs Tondwalkar for defendant No. 1 and 2/ MCGM is present.
Matter is kept before National-Lok-Adalat will be held on 07.05.2022 at 10.30 a.m.
Advocate for Plaintiff is directed to keep his client present on 07.05.2022 at 10.30 a.m.
Earlier order, if any, to continue till next date.
Adjd. To 07/05/2022 for Lok-Nayalay.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 07-05-2022
Date: 07-05-2022
Business: None for plaintiff.
Adv Tondwalkar for defendant / BMC present.
Matter stands Adj to 14/06/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: CORAM H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. Jyoti Mishra h/f. Ansari Asggar Kalim for plaintiff present.
None for defendants.
Earlier order, if any, to continue till next date.
Adjd. To 03.08.2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for defendant 1 and 2/ BMC is present.
None for deft. Nos. 3.
Matter is already referred to National Lok-Adalat will be held on 13/08/2022.
Both parties are directed to remain present on 13/08/2022 at 10.30 a.m.
Earlier order, if any, to continue till next date.
Adjd. to 13/08/2022 for National Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: Matter pertains to CR No.04
None for plaintiff present.
Adv Tondwankar for defendant/BMC present.
Matter is adj to 12-10-2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
None for deft. Nos.3.
Earlier order, if any, to continue till next date.
Adjd. to 23/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: As Court is busy in urgent ad-interim hearing, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 08/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Chavan h.f. Adv. Mr. Suryavanshi for defendants no. 1 and 2/ BMC is present and requested for time to file reply to NM. Time is granted.
None for defendant no.3.
Earlier order, if any, to continue till next date.
Adjd. to 10/04/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Adv. Mr. Ansari Asggar Kalim for plaintiff present.
Adv. Mr. Suryavanshi for defendant no. 1 and 2/ BMC is present.
None for defendant no.3.
Earlier order, if any, to continue till next date.
Matter is referred for National Lok-Adalat will be held on 30.04.2023.
Both parties are directed to remain present before National Lok-Adalat at 10.30 A.M..
Adjd. to 30.04.2023 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 30-04-2023
Date: 30-04-2023
Business: NATIONAL LOK ADALAT HELD ON 30.04.2023 (PANEL- X)
Matter pertains to CR No.4
None present for plaintiff
Advocate Suryawanshi for defendant/BMC present.
Settlement not arrived at.
Matter posted before regular Court.
Matter is adjd to 19-07-2023
Panel Head Panel Member
HHJ Smt. A.H. Kashikar Adv. Smt. Nalini Sonawane
Next Purpose: Lok-Nyayalay
Next Hearing Date: 19-07-2023
Date: 19-07-2023
Business: Dt:19.07.2023
SU 416/20
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Ansari for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any to continue till next date.
Adjd to 20.09.2023 for NM Reply.
Judge
Next Purpose: REPLY
Next Hearing Date: 20-09-2023
Date: 20-09-2023
Business: Adv. Mr. A. A. Kalim for plaintiff present
Adv. Mrs. Mhatre for defendant/B.M.C. present and requested time to file reply to N/M-Granted.
Interim relief to continue till next date
Adjd. to 29/11/2023 for N/M reply.
Next Purpose: REPLY
Next Hearing Date: 29-11-2023
Date: 29-11-2023
Business: Advocate Ansari for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd to 07.02.2024 for NM Reply
Next Purpose: REPLY
Next Hearing Date: 07-02-2024
Date: 07-02-2024
Business: None for plaintiff.
Advocate Suryawanshi for defendant-1 and 2/BMC present and requested time to file N/M reply. Granted.
Earlier order, if any, to continue till next date.
Adjd to 18.03.2024 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2024
Date: 18-03-2024
Business: Adv Ansari Kalim for plaintiff present.
Advocate Suryavanshi for defendant No. 1 and 2/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd to 24.06.2024 for NM REply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: Advocate Ansari Kalim for plaintiff present.
Advocate Botlawar for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd to 18.09.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2024
Date: 18-09-2024
Business: None present for plaintiff
Advocate Botlawar for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as suit is of year 2020
Earlier order, if any, to continue till next date.
Adjd to 29.11.2024 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2024
Date: 29-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
As Court is busy in NM orders in group matters. Board is discharged. Hence matter adjourned
Earlier order, if any, to continue till next date.
Adjd to 13.01.2025 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2025
Date: 13-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Sujata Puri for defendant /MCGM is present and sought time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The NM is proceeded without reply. Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 14.02.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2025
Date: 14-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Ansari Kalim for the plaintiff is present and filed written submissions on NM. Taken on record. O- Filed. Copy is supplied to the other side. Adv. Ms. Sangita Honmane h/f Adv. Ms. Sujata Puri for defendant/MCGM is present and and requested time to file written submissions on NM, despite the facts that the defendant did not contest the suit and this NM. Time is granted strictly as a last chance, subject to payment of costs of Rs. 3,000/- ( Rs. Three Thousand) in favour of the DLSA, Mumbai, till the next date. In default, the suitable Orders would follow. Earlier Order, if any, is continued till next date.
Adjourned for written submissions on NM (No Reply) to 03.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2025
Date: 03-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sujata Puri for defendant/MCGM is present. On her say, the matter is kept back.
Later on at 3.34 pm.
The appearance is as above. Adv. Ms. Sujata Puri for defendant/ MCGM is present and sought time to comply with the Order of costs. Time is extended till the next date. Earlier Order, if any, is continued till the next date.
Later on at 4.30 p.m
Adv. Mr. Ansari for the plaintiff is present and submitted that long back, during Covid, the plaintiff expired and his LRs are not responding to attend this matter. Hence, it may be disposed of.
Order below Exhibit No. 01:
In view of the statement of advocate for the plaintiff, it is clarified that long back, the plaintiff died and nobody on his behalf is willing to attend this matter. The suit is about 05 years old. It is, thus, clear that the plaintiff is not worried to proceed further with the suit. In the result, the suit is dismissed for want of his prosecution. All the pending applications, along-with NM No.700 of 2020, are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
The Original documents filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: OTHERWISE
Disposal Date: 03-03-2025Filing Number: 102008/2020 Filing Date: 12-02-2020 First Hearing Date: 12th February 2020 Decision Date: 03rd March 2025 Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE
Order Details: Other Pdf Text: Dt:03.03.2025 Sr. No. 51 SU 416/20 NM 700/20 CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04) None present for the plaintiff. Adv. Ms. Sujata Puri for defendant/MCGM is present. On her say, the matter is kept back. Later on at 3.34 pm. The appearance is as above. Adv. Ms. Sujata Puri for defendant/ MCGM is present and sought time to comply with the Order of costs. Time is extended till the next date. Earlier…
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