Date: 25-02-2019
Business: Advocate Mr. Tiwari h/f Adv. Pandey for Plaintiff present and filed registered NM no.748/19 with affidavit in support, t.o.r.
Advocate Ms. Tondwalkar for BMC/Deft present.
K.B.
L.O. at 5.20 p.m. Advocate Mr. Tiwari sought adjournment as counsel Mr. Nilesh Pandey is not present today.
Advocate Ms. Tondwalkar for BMC raised objection for continuing earlier order and adjournment. As it is 5.20 p.m., adjournment granted as a last chance.
Case is adjourned to 13/03/2019 for NM hearing.
Earlier order to continue till next date.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-03-2019
Date: 13-03-2019
Business: Advocate Mr. Nilesh Pandey for Plaintiff present and submitted that, BMC has not filed reply to NM No.749/19 and after filing of reply to said NM, advocate for Plaintiff will argue draft NM for interim relief sought in the plaint. Plaintiff is directed to get registered the draft NM immediately. Time extended to register the same.
Advocate Ms. Tondwalkar for BMC/Deft present and submitted that, NM No.749/19 has no concern with prayers made in draft NM, hence interim protection granted to Plaintiff is necessary to be vacated. It is further submitted that, on next date BMC will file reply to NM No.749/19, however on that day Plaintiff should proceed with hearing of draft NM. Considering submissions adjourned.
Earlier order to continue till next date.
Case is adjourned to 29/03/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2019
Date: 29-03-2019
Business: Advocate Mr. Priyank Shukla for Plaintiff present and filed 1353/19 with affidavit in support, t.o.r.
Advocate Ms. Tondwalkar for BMC/Deft present and filed reply to NM No.749/19, t.o.r. Copy served to advocate for Plaintiff.
Advocate for BMC raised objection to continue earlier order.
Court is busy in dictating judgment in suit no.2117/07, hence case is adjourned to 10/04/2019 for NM hearing.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2019
Date: 10-04-2019
Business: Case is adjourned to 20.04.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: Advocate Tiwari for plaintiff present.
Advocate Ms.Tondawlakar for defendant/MCGM present.
Adv. Tiwari filed affidavit of service in contempt motion.TOR.
Earlier order to continue till next date.
The case is adjourned to 07.06.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Business: Advocate Nilesh Pandey for plaintiff present.
Advocate Ms.Chavan for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 12.06.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2019
Date: 12-06-2019
Business: Advocate Nilesh Pandey for plaintiff present
Advocate Ms.Chavan for defendant/MCGM present. Earlier order to continue till next date.
The case is adjourned to 17.06.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2019
Date: 17-06-2019
Business: Advocate Tiwari h/f adv. Nilesh Pandey for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 03.07.2019 at 2.45pm for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2019
Date: 03-07-2019
Business: Advocate Nilesh Pandey a/w adv. Bipin Tiwari for plaintiff present.
Advocate Ms. Chavan for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 06.07.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2019
Date: 06-07-2019
Business: Advocate Nilesh Pandey a/w adv. Bipin Tiwari for plaintiff present.
Advocate Ms. Mhatre h/f adv. Chavan for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 10.07.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2019
Date: 10-07-2019
Business: Advocate Nilesh Pandey a/w adv. Bipin Tiwari for plaintiff present.
Advocate Ms. Chavan for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 26.07.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2019
Date: 26-07-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: Advocate Priyank Shukla h/f adv. Tiwari for plaintiff present.
Advocate Ms. Mhatre h/f adv. Ms. Chavan for defendant/MCGM present and seeks time as adv. Ms. Chavan is not available due to death of her father.
Earlier order to continue till next date.
The case is adjourned to 16.10.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Advocate Bhosle h/f adv. Bipin Tiwari for plaintiff present and submitted that advocate on record has lost his mother and so he is unable to attend. He sought time. Considering reason time is granted.
Advocate Ms. Chavan for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 25.11.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv. Mr. Bhosale for plaintiff present.
Adv. Ms. Chavhan for deft/MCGM present.
KB.
LO
Adv. Mr. Nilesh Pande h/f adv. Mr. Bipin Tiwari for plff, prayed for adjd that adv. Mr.Tiwari is out of station for family function.
Earlier order to continue till next date.
Matter is adjd. for NM hearing on 16.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Adv. Bipin Tiwari for plaintiff, submits that Adv. Nilesh Pandey may argue the matter and he is retiring from present case. At his request 16.01.2020 next date is granted for argument, it is made clear, in default to argue on 16.01.2020, EOC will stands vacated, without specific order.
Adv. Chavan for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing to 16.01.2020.
Later On.
Adv. Nilesh Pandey for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. Mr. Nilesh Pandey for plaintiff, prayed for adjd as he is continuing with present brief and not going to retire. It is requested for adjd r/o 06.03.2020.
Adv. Mrs. Mhatre h/f adv. Mrs. Chavhan for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing on 06.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. Tiwari for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd. for on NM hearing on 15.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: Adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Business: Adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: CORAM H.H.J. SHRI. D. D. ALMALE, (C.R.NO.06)
(Matter pertains to C.R. No.11)
Adv. Priyank Shukla for plaintiff.
Adv. Adv Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM hearing to 09.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. Priyank Shukhla for plaintiff present.
Adv. Mahatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For N/m hearing to 26.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: (Matter pertains to C.R. No.11)
Adv. Bipin Tiwari for plaintiff present.
Adv.Mr.Khandagle for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For N/M Hrg. to 30.11.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv. Mr. Pandey for Plaintiff present.
Adv. Ms. Mhatre for Defendant/BMC present.
Earlier order, if any, to continue till the next date.
On oral request of advocate for the Plaintiff matter adj. to 13/01/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: None present for plaintiff.
Adv. Ms Mhatre for defendant/MCGM is present.
In view of office order no. 07/2022 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 the next date.
Adjourned for NM hearing to 24.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv. Mr. Pathak h/f Adv. Priyank Shukla for plaintiff is present and filed vakalatnama on behalf of plaintiff. He informed that the earlier advocate for the plaintiff is no more. TOR. It is marked at Exh. 05. O- Filed. He orally requested for time for NM hearing. Granted.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 05.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv. Mr. Priyank Shukla for plaintiff is present. He requested short time to serve copy of contempt NM to the concerned office and to verify documents, as he recently appeared in the matter. Granted.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing/service of contempt NM to 19.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Mr. Nilesh Pandey for the plaintiff is present and filed list of documents. TOR. It is marked at Exh.06. O- Filed. Copy is supplied to the other side.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
The record shows that the main NM is pending for hearing since long. Therefore, the parties are called upon to file their writtens submissions on this NM positively on the next date.
The plaintiff is also preferred contempt NM in the suit. He is called upon to argue on maintainability of contempt NM along-with suit.
Earlier order, if any, to continue till the next date.
Adjourned for written submissions on NM/ maintainability of contempt NM to 15.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Adv. Nilesh Pandey for the plaintiff is present.
Adv. J.S. Mhatre for defendant/MCGM is present.
KB LO at 04:00 pm.
Advocate for the plaintiff is heard on maintainability of the contempt NM and it is closed for order on its tenabiliy. He also requested for time to file written submissions on main NM. Time is granted strictly as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for Order as regards maintainability of the contempt NM/ Written submissions on main NM/to 01.10.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: None present for the plaintiff.
Adv. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for Order on maintainability of contempt NM/written submissions on NM to 21.10.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 21-10-2022
Date: 21-10-2022
Business: Adv. Ashotosh Shukla a/w Adv. Priyank Shukla for the plaintiff is present and tendered draft Ch/s along-with affidavit. O-Leave is granted to register till the next date. The plaintiff is called upon to ensure its service on the other side.
Adv. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for Order of tenability of contempt NM/Ch/s reply/ written submissions on NM to 14.11.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: Adv. Mr. Rajnish Upadhyay for the plaintiff is present and filed original registered Ch/s No. 1769/2022 along-with affidavit. TOR. Copy is supplied to the other side. He orally requested for time to file written submissions on NM. Granted as a last chance.
Adv. Mr. Khandagale for defendant/MCGM is present.
The Court is busy in recording evidence in SU Nos. 2753/14, 735/15 and 1509/16 and hearing on urgent matters.
Earlier order, if any, to continue till the next date.
Adjourned for NM Order on tenability of contempt NM/Ch/s reply/written submissions on NM to 03.12.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: Adv. Mr. Ashotosh Shukla for the plaintiff is present and requested for time to file written submissions on NM. Time is granted.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present and sought time to file Ch/s reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for Order on maintainability of Contempt NM /written submissions on NM/Ch/s reply to 20.12.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: None present for the plaintiff to file written submissions on NM. Hence, it is posted for dismissal Orders.
Adv. Mrs. J.V. Mhatre for the defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for Orders on maintainability of contempt NM/ NM dismissal/Ch/s. reply to 12.01.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Adv. Mr. Ashutosh Shukla for the plaintiff is present.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Order below exhibit No. 01:
01. Perused Contempt NM No. 749/2019. Heard the learned advocate for plaintiff on the maintainability of this NM along-with the suit.
02. Having considered his submissions, at the outset, it is notable that by filing this NM, the plaintiff contended that the concerned Officer i.e. the respondents in this NM, intentionally made false statement and tried to mislead this Court on the point of \''authority\'' of the defendant/MCGM to proceed against the suit property, as it is situated at private plot of land and is declared as \''Slum\'' area. Consequently, the plaintiff prayed for an inquiry U/sec. 340 of the Cr.P.C. and lodging of offences U/sec. 166, 167, 191, 192, 196, 199 and 200 of the IPC.
03. Taking into account the overall tenor of this NM, here it would not be out of place to mention that at no point of time, the learned predecessor of this Court ever opined as regards the alleged efforts on behalf of the said Officers to have made false statement before the Court or tried to mislead it. As such, he did not think it fit to initiate the inquiry as contemplated U/sec. 340 of the Cr.P.C.. On the contrary, in view of the roznama dtd. 19.12.2018, it seems that on that day, the then Dy. Collector Mr. Ajit Nairale was present before this Court and submitted that the defendant has jurisdiction to take the action against private property, which is declared as \''Slum\''. On his statement, the learned predecessor of this Court expressed in the roznama that the confusion of parties about the authority of the defendant came to an end and Mr. Nairare was discharged.
04. Now coming to the legal aspects, by this Contempt NM the plaintiff asked for an inquiry U/sec. 340 of the Cr.P.C., on the grounds which were never expressed by the then Presiding Officer of this Court and as of now, there is no material to consider the same. Simultaneously, the Offences defind U/sec. 166 and 167 of the IPC are independent offences and the Offences U/sec. 196, 199 and 200 of the IPC pre-require \''complaint\'' of the concerned Court for taking of \''cognizance\'' in view of section 195 of the Cr.P.C., which is missing from the present set of facts.
05. The record further goes to show that the main NM is pending since 2019. Time and again, the plaintiff was directed to proceed with the said NM, wherein he failed and as such, it is pending for dismissal order. Still, the fact remains that till today, the interim Order is continued in favour of the plaintiff. In this manner, the very progress of this matter is being hampered due to filing of this Contempt NM in the suit and absence of the plaintiff. In the result, the Contempt NM No. 749/2019 stands disposed of as \''not maintainable\'' along-with the suit, leaving the plaintiff at liberty to take appropriate steps, if he still wants to raise such aspects of the matter, in proper form of the proceeding as per law.
The advocate for plaintiff requested for keeping back the matter.
KB LO at 03:28 pm.
Adv. Mr. M.R. Yadav for the plaintiff is present and filed the application for change of caption and keeping the matter for Ch/s hearing. TOR. It is marked at Exh. 07. O- Sufficient time is already granted. Time and again, the plaintiff has been directed to proceed with the matter and as he is failed, he was called upon to file his written submissions, but in vain. Today, the NM is pending for dismissal. Still, considering this application, the caption is changed and he is called upon to file written submissions on the NM, subject to costs of Rs.5,000/- (Rs. Five Thousand) to be deposited in favour of the DLSA, Mumbai, till the next date. In default, the NM would stand dismissed.
KB LO at 04:00 pm.
Advocate for the defendant orally requested for time to file Ch/s reply. Time is granted till the next date.
Advocate for the plaintiff orally requested for reduction of costs. In view of his submissions, the costs is reduced at Rs. 1,500/- (Rs. One Thousand Five Hundred).
Adjourned for costs/compliance/Ch/s reply/written submission on NM to 28.02.2023.
Nature Of Disposal: OTHERWISE
Disposal Date: 12-01-2023
