Date: 06-02-2018
Business: Matter pertains to C.R.No.08.
Adv.Mr.Pal for plaintiff present and tendered original (disp.off) N/m no.457/18 and another N/m no.458/18 t.o.r.
Adv.Ms.Tadvi for deft./BMC present.
Adv.Mr. Sohoni for Applicant present.
Earlier order, if any, to continue till next date.
Matter adjd to 20.02.2018 for N/m hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2018
Date: 20-02-2018
Business: Plff.and Adv.absent.
Adv.Mrs.Tadavi for BMC/Deft.present.
Adv.Mr.Sohani for applicant present.
Plff has failed to file reply to Ch/s.no.215/18.
Hence Ch/s to be heard without reply of Plff.
Adjd.for Ch/s hearing on 27.02.2018.
Earlier order to continue till next date.
Next Purpose: C/S HEARING
Next Hearing Date: 27-02-2018
Date: 27-02-2018
Business: Adv. Ravindra Singh for plaintiff.
Adv.Ms.Tadavi for BMC/Deft. Present.
Adv. Sohoni for applicant.
Adjd.by way of last chance for hrg.of ch/summons to 13/3/2018 at 1.00p.m.
Earlier order to continue till next date.
Next Purpose: C/S HEARING
Next Hearing Date: 13-03-2018
Date: 13-03-2018
Business: Matter pertains to C.R.No.8
Adv.Mr.Pal for plff present.
Adv.Mrs.Kamble for Deft./BMC present.
None for applicant.
Earlier order, if any, to continue till next date.
Adjd to 12.04.2018 for N/m hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 14-03-2018
Date: 14-03-2018
Business: By precipe.
Matter pertains to C. R. No. 8
Advocate Mr. Pal for plaintiff present.
Advocate Mr. Giri for deft./BMC present.
Advocate Mr. Sohani for applicant present.
Date is preponed.
Earlier order, if any, to continue till next date.
Adjourned for Ch/s hearing to 22.03.2018 at 1.00p.m.
Next Purpose: C/S HEARING
Next Hearing Date: 22-03-2018
Date: 22-03-2018
Business: None for plff.
Adv.Mrs.Tadavi for BMC/Deft no.1 present.
Adv.Mr.Sohani for applicant present.
It is submitted that today\''s date and time was fixed as per the convenience of both the parties. Inspite of that none appeared for the plff.
Heard Ld.Adv.for the applicant and Ld.Adv.for the BMC on the Ch/s No.215/18.
L.O at 1.35
Adv.Mr.Pratap Singh for Plff.present.
He sought adjournment for Ch/s hearing The Ld.Adv.for applicant oppose for adjournment. Considering the previous roznama, las t chance is granted to the plff for argument in Ch/s.
Adjd.on 26.03.2018 for argument on Ch/s at 2.45 pm.
Earlier order to continue till next date.
Next Purpose: C/S HEARING
Next Hearing Date: 26-03-2018
Date: 26-03-2018
Business: Adv.Mr.Pal for Plff.present.
Adv.Mr.Giri for BMC/Deft present.
Adv.Mr.Sohani for applicant present.
K.B.L.O.at 03.55 pm
Inspite of the fact that the Ch/s hearing was fixed at 2.45 pm.and again on request it was kept back at 3.30 pm. However till 4.00 pm adv.Mr.Pratap Singh did not appear for arguing the Ch/s. Hence the Ch/s is adjd.for order on 31.03.2018. If the adv.for plff is intending to place on record his argument, he can do so by filing written notes of arguments.
Earlier order to continue till next date.
Next Purpose: ORDER
Next Hearing Date: 31-03-2018
Date: 31-03-2018
Business: None for Plff.
Adv.Mrs.Tadavi for BMC/Deft.present.
None for applicant in Ch/s.
Today the case is fixed for order on Ch/s No.215/18. The Steno of this court is on Leave. Moreso, now the Hon\''ble Apex court in the case Mohd.Hussain V/s MCGM 2017(6) ALL MR 420 (S.C) has held that for deciding legality of demolition notice, presence of applicants is not required. Hence in view of said ruling, the adv.for applicant to make further submissions on Ch/s.
Adjd.for further submissions on Ch/s by adv.for applicant on 05.04.2018.
Earlier order to continue till next date.
L.O.at 3.10 pm.
Adv.Mr.Pratap Singh for Plff.present.
Adv.Ms.Bhakti Patwardhan for applicant present.
Adv.for Plff.has filed written notes of arguments on Ch/s.t.o.r. Copy served to Applicant.
Next Purpose: HEARING
Next Hearing Date: 05-04-2018
Date: 05-04-2018
Business: Adv. Pratap Sing for Plff.present.
Adv.Ms.Tadvi for BMC/Deft present.
None present for applicant
In view of the order dated 31st March, 2018 the matter is adjd.for further submission on chamber summ. by advocate for applicant.
Earlier order to continue till next date.
Adjd.to 24/04/2018 for hrg. Of ch/summ.
Later on at 4.00p.m.
Adv.Mr. Sohoni for applicant present.
He made submissions on the case law and also filed written notes of argument.
Adjd.for order on ch/summ.to 24/4/2018
Next Purpose: CH/S ORDERS
Next Hearing Date: 24-04-2018
Date: 24-04-2018
Business: None for Plff.
Adv.Mrs.Tadavi for BMC/Deft.present.
Adv.Ms.Bhakti Patwardhan for applicant present.
1 Chamber Summons No.215/18 is allowed and made absolute in terms of prayer clause (a) and (b).
2 The plaintiff is directed to carry out th amendment as per the schedule annexed to the Chamber summons within two weeks and shall served the copy of amended plaint upon the defendants within two weeks thereafter.
3 Chamber summons is disposed of accordingly.
Adjd.for compliance on 30.06.2018.
Earlier order to continue till next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-06-2018
Date: 30-06-2018
Business: Adv. Mr. Pal for Plaintiff present.
Adv. Tadvi for defendant / BMC present.
O Earlier order to continue till next date.
Matter is Adjd. to 03.07.2018 for NM hearing / furnishing
copy of amended Plaint.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2018
Date: 03-07-2018
Business: Due to heavy rain board is discharged.
Adjd to 17.07.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2018
Date: 17-07-2018
Business: Adv. Mr. Pratap Singh for Plaintiff present.
Adv. Ms. Tadavi for defendant no.1 and 2/ BMC present.
Adv. Mr. Sohoni for deft.no.3 present.
O - Time granted as last chance.
Adjd. to 24.07.2018 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-07-2018
Date: 24-07-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2018
Date: 07-08-2018
Business: None for plaintiff.
Adv. Tadavi for defendant no. 1 and 2 / BMC present.
Adv. Sohani for deft. no. 3 present and filed reply to NM no. 458/18.
Earlier order to continue till next date.
Adjd. to 6.9.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2018
Date: 06-09-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2018
Date: 16-10-2018
Business: Adv. Pratap Singh for plaintiff present.
Adv. Kamble for defendant no. 1 and 2/ BMC present.
Adv. Sohani for deft. no. 3 present.
Earlier order, if any, to continue till next date.
Matter adjd. to 23.10.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2018
Date: 23-10-2018
Business: Adv. Ravindra Singh for plaintiff present.
Adv. Kamble h/f Adv. Vyawahare for defendant no. / BMC present.
Adv. Sohani for deft. no. 3 present.
K.B.
L.O.
Same appearance.
Court busy in hearing arguments in suit no. 436 of 2014 and dictating order in suit no. 1360 of 2009.
Earlier order, if any, to continue till next date.
Matter adjd. to 26.10.18 for Nm Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2018
Date: 26-10-2018
Business: None for plaintiff.
Adv. Vyawahare for defendant no. / BMC present.
Adv. Sohani for deft. no. 3 present.
K.B. L.O.
Adv. Pal for plaintiff present.
Adv. Vyawahare for defendant no. / BMC present.
Adv. Sohani for deft. no. 3 present and argued on NM no.
On oral request of Adv. for Plaintiff, adjournment granted as a last chance.
Earlier order, if any, to continue till next date.
Matter adjd. to 1.11.18 for NM Arguments of Plaintiff.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 01-11-2018
Date: 01-11-2018
Business: Adv Pratap Singh for plff present.
Adv Mrs.Vyavhare for BMC/defts no.1 and 2 present.
Adv Sohani for deft no.3 present.
Ld. adv for plff has orally requested for adjournment. Roznama shows that on last two dates last chance was granted. Hence, oral prayer is rejected and notice of motion no.458/18 is kept for dismissal on next date.
Earlier order, if any, to continue till next date.
Adjd to 19/11/2018 for dismissal order of NM No.458/18.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-11-2018
Date: 19-11-2018
Business: Adv Mr. Asit Singh h/f adv Mr. Pratap Singh for plaintiff present.
Adv Mrs. Bhoir h/f adv Vyvahare for def nos.1 and 2/BMC present.
Adv Mr. Sohoni for def no.3 present.
KB
LO
Adv Mr. Pratap Singh for plaintiff present.
Heard arguments of adv for plaintiff, adv for def no.3.
Earlier order, if any, to continue till next date.
Adjourned to 27.11.2018 for arguments of def nos.1 and 2/BMC.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 27-11-2018
Date: 27-11-2018
Business: Adv. Mr. Pal for Plaintiff present.
Adv. Mrs. Vyavhare for Defendant No. 1 and 2/BMC present.
Adv. Ms. Bhakti Patwardhan for Defendant No.3 present.
K.B.
L.O.
Adv. Mr. Pratap Singh for Plaintiff present and tendered compilation of documents. T.O.R. and marked as Exh.5.
Copy served.
Adv. Mr. Sohani for Defendant No.3 present.
Heard both the sides.
Earlier order, if any, to continue till next date.
Adjd. to 11.12.2018 for order on N/m 458/18.
Next Purpose: NM ORDERS
Next Hearing Date: 11-12-2018
Date: 11-12-2018
Business: Adv for plff present.
Adv Mrs.Vyavhare for BMC/deft nos. 1 and 2 present.
K.B..
Later on..
Adv. Pal for plff present.
Adv Mrs.Vyavhare for BMC/deft nos. 1 and 2 present.
Adv. Mr. Sohani for deft no. 3 present.
Earlier order, if any, to continue till next date.
Adjd to 18/12/2018 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 18-12-2018
Date: 18-12-2018
Business: Adv Pal for plff present.
Adv Mhatre h/f adv Vyavhare for BMC/defts no.1 and 2 present.
FRSR. The following order is passed.
Order on Notice of Motion No.458 of 2018 -
1. Notice of Motion No.458 of 2018 is allowed and made absolute in terms of prayer clause (a) till further order.
2. The defendant no.1 Corporation is directed to refer the matter to Technical Advisory Committee (TAC) and the latter is directed to follow guidelines in Writ Petition (L) No.1135 of 2014 before arriving at any conclusion.
3. Notice of Motion No.458 of 2018 stands disposed off.
Adjd to 5/02/2019 for written statement.
Nature Of Disposal: ALLOWED
Disposal Date: 18-12-2018
