Mr. Ayub Nasibullah KhanVsThe Asst. Municipal Commissioner and Anr.

Date: 12-02-2020
Business: Adv. Ansari  for plaintiff present and tendered original NM No.701/2020 along with affidavit in support.
Adv. Khandagle for MCGM/Deft. present.
Heard both side.
 Matter adjd to 15.02.2020 for ad-interim order.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: Adv. Ansari for plaintiff present.
None for defendant MCGM(M west ward)
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.
         On earlier notice of motion No.283/2020 the ad-interim protection is granted till 06.03.2020. Now this NM No. 701/20 is filed with the prayer that the court be pleased to direct to defendant No.1 and 2 to restore the the mobile tower to its original condition by returning back all the articles including battery and Antina with a list of article annxre supported by affidavit or in alternative the plaintiff be permitted be carried out necessary restoration by returning said article at Exh-A. Ld. adv.Khandaglae strongly objected for corporation the advocate for plaintiff reliance on writ petition no.2043/14 it is help of Hon\''ble High Court that the department of communication as issued certain directions , which are binding on the state government.
            We are prima facia satisfied that the directions issued by the central government are binding on the state government and as such, at this stage, we direct that no coercive steps shall be taken pursuant to the show cause notice issued by local authorities. We also direct the state government to accept the application for erection of towers.  He also placed reliance on in writ petiton no.1443/14. In the event the application for regularization is allowed, the first tot third respondents shall store the electricity supply to the tower and shall allow the petitioner to restore the tower to its original position in terms of the permission order.
           Due respect the ratio of both citations of Hon\''ble High Court transpires that there can be a restoration of a tower and also electricity. In this particular case if permission to restore mobile tower is granted no loss to the defendant/  corporation as the restoration will be at the cost of plaintiff only. In this case the regularization application is made on 24.12.2019 before the appropriate authority and it is received on 26.12.2019 by defendant. Therefore, I passed the order
 1.     Permission to restore dismantal parts of the mobile tower as marked and discribed at Exh-A only is granted at the cost of plaintiff within two weeks and defendant shall co oprate for it.
2.   Corporation shall take fine/penalty for making delay in application dtd. 24.12.2019 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.
Authenticated copies be given to the both parties.
 already adjd to 06.06.2020.
Next Purpose: HEARING
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: (Matter pertains to C.R.No.8)
Adv. Mr. Ansari Asggar Kalim for Plaintiff present.
None for Defendant/MCGM.
Earlier order, if any, to continue till next date.
Matter adjd to 24/03/2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 26/04/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Adv Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
On oral request of advocate for defendant / MCGM to file reply to NM NO.283/20, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. To 27/09/2021 for filing reply to NM NO.283/20 and NM hearing on NM NO.701/20.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2021

Date: 27-09-2021
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.
Adjd. To 15/11/2021 for NM reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Matter is adjd to 20/01/2022 for NM reply.
LO
Adv. Ansari Asggar Kalim for the plff present.
Earlier order, if any, to continue till next date.
Matter is already adjd to 20/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till next date.
Matter is adjd to 06/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
(Matter pertains to C.R. No.04)
Adv. Ansari Asggar Kalim for Plaintiff present.
None for Defendants.
Earlier order, if any, to continue till next date.
Adjd. To  29/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Adv. Jyoti Mishra h/f Adv. Ansari Anggar kalim for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 05/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Adv. Nikita Kamble h/f Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 21/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to both N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 21/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to both N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 30/01/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Chavan h/f 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 defendant No.3.
Earlier order, if any, to continue till next date.
Adjd. to 15/03/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: Adv. Ansari for plaintiff present.
Adv. Mhatre  h.f. Adv. Suryavanshi for defendant Nos. 1 and 2/ BMC is present and seeking time for filing NM reply. Time granted.
Earlier order, if any, to continue till next date.
Adjd. to 16.06.2023 for filing affidavit of service of defendant no. 3/NM reply by BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: Advocate Ansari for plaintiff present.
Advocate Suryavanshi for defendants/BMC present and requested for time to file reply to NM NO. 701/20.
Reply  to NM No.283/2020 alongwith list of documents are already tendered by defendant/BMC.
Earlier order, if any, to continue till next date.
Adjd to 25.08.2023  for Hearing on NM No. 283/20 and reply on NM No. 701/20.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: Advocate Ansari  for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM No. 701/22. Time is gratned.
L.O. 4.54 p.m.
Earlier order, if any, to continue till next date.
Adjd to 22.11.2023 for NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-11-2023

Date: 22-11-2023
Business: None present for plaintiff
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 10.01.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: None present for plaintiff
Advocate Suryavanshi for defendant No. 1 and 2/BMC present and seeks time to file reply to NM No. 701/20. Time is granted.
Earlier order, if any, to continue till next date.
Adjd  to 18.03.2024  for NM Reply by deft/BMC, hearing on NM No. 283/20 and filing affidavit of service upon deft No. 3.
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 by deft/BMC, hearing on NM No. 283/20 and filing affidavit of service upon deft No. 3
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: None present for plaintiff
Advocate Botlawar  for defendant No. 1 and 2/BMC present
when called none present for plaintiff, adv for deft/BMC is seeks time to file reply.  Time is granted.
Today matter is also fixed for hearing of NM 283/20 but none present for plaintiff. Hence NM is adjourned and kept for dismissed for default.
Plaintiff to serve writ of summons upon deft No. 3  till next date.
Earlier order, if any, to continue till next date.
Adjd  to  23.08.2024  for NM Reply and service of writ of summons deft No. 3
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: None present for plaintiff
Advocate Botlawar  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 04.11.2024 for NM Reply and service of Writ of summons upon deft No. 3
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2024

Date: 04-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Jain h/f Ansari Kalim for plaintiff present.
Advocate Sujata Puri  for defendant /BMC present and seeks time to file reply to NM No. 701/20.
Adv for plaintiff requested time to argue NM No. 283/20.
Hence time is granted as a last chance for NM reply to deft/BMC and NM hearing by adv for plaintiff
Earlier order, if any, to continue till next date.
Adjd  to 02.12.2024 for reply to NM No. 701/20 and hearing on NM No. 283/20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2024

Date: 02-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Adv. Nikita Kamble h/f Ansari Kalim for plaintiff present and requested time to argue NM.
Advocate  Honmane   for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chnace
Earlier order, if any, to continue till next date.
Adjd  to  17.01.2025   for reply to NM No. 701/20 and hearing on NM No. 283/20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-01-2025

Date: 17-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Ansari Kalim for the plaintiff is present. He not pressed NM No. 701/2020. Hence, this NM is disposed of as not pressed.
Adv. Ms. Sangita Honmane h/f Adv. Ms. Sujata Puri for defendant/ MCGM is present and sought time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 28.03.2025.
Nature Of Disposal: OTHER
Disposal Date: 17-01-2025

Main Case No: SUIT/0100159/2020
Main Cnr: MHCC010135802019
Main Filing No: 111447

Registration Number: 100701/2020
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 102006/2020
Filing Date: 12-02-2020
First Hearing Date: 12th February 2020
Decision Date: 17th January 2025
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE