Preeti Jitin DoshiVsMCGM +1 more

Date: 14-02-2018
Business: By Precipee
Adv.Mr.B.P.Shukla for Plff.present.
He filed undertaking t.o.r.and marked at Exh.4.
He also filed original registered N/m No.593/18 t.o.r.
Adv.Mr.Kumawat for deft./BMC present.
Already adjd.to 27.02.2018.
Next Purpose: HEARING
Next Hearing Date: 27-02-2018

Date: 27-02-2018
Business: Adv. B.P.Shukla for the plaintiff.
Adv.Ms.Tadavi  for BMC/Deft.no.1 Present.
Adv. Pankaj for deft.no.2
Report received from the Mediation Center that the matter is not settled. Report is now marked as Exhibit-5.
Adjd.to 15/3/2018 for reply of N/M from deft. no.2.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-03-2018

Date: 15-03-2018
Business: Matter pertains to C.R.No.8
Adv.Mr. B.P. Shukla for plaintiff present.
Adv.Ms. Kamble  for Deft./BMC present.
Earlier order, if any, to continue till next date.
Adjd to 17.04.2018 for N/m reply rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2018

Date: 17-04-2018
Business: Advocate Mr. B. P. Shukla for the plaintiff present.
Advocate Ms. Tadvi for BMC/deft present.
Advocate Mr. Bhandari for deft no. 2 present and submitted that he is not intending to file reply to NM and is relying from the reply filed by the MCGM.
On oral request of adv for the plff.
Adv for deft objected for adjournment, however, as today itself the report from Ld mediator is received and in some of the connected suits, even the MCGM has not filed the reply to NM. Hence, the matter is adjd
Earlier order to continue till next date.
Matter adjd to 7.06.2018 for NM rejoinder and reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-06-2018

Date: 07-06-2018
Business: Adv. Mr. V.T. Shukla for plaintiff present.
Adv. Ms. Tadavi for BMC/ defendant no. 1 present.
Adv. Ms. Bhandari for defendant no. 2 present.
The reply is already filed by the defendant no. 1 on 12.2.2018. t.o.r. alongwith document.
The advocate appearing for defendant no. 2 filed vakalatnama. t.o.r. It is marked as Exh. 6.
The defendant no. 2 made oral submission that they are adopting the reply filed by the defendant no. 1.
Earlier order if any, to continue till next date.
Adjd to 22.6.2018 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 22-06-2018

Date: 22-06-2018
Business: Plaintiff and Adv. absent.
Adv. Ms. Tadvi for defendant no. 1 / BMC Present.
Adv. Bhandari for Defendant no. 2
Plaintiff is directed to serve copy of the Undertaking.
Adjd. to 17.07.2018 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-07-2018

Date: 17-07-2018
Business: Adv. Mr. B.P.Shukla for Plaintiff present and tendered rejoinder.
Adv. Ms. Tadavi for defendant no.1 / BMC present.
Adv. Mr. Bhandari for deft. no. 2 present.
Copy of undertaking and rejoinder served to other side.
O - Earlier order to continue till next date.
Adjd. to 07.08.2018 for argument.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-08-2018

Date: 07-08-2018
Business: Adv. Shukla for plaintiff present.
Adv. Tadavi for defendant / BMC present.
Adv. Bhandari for deft. no. 3
Adjd. to 28.8.18 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2018

Date: 28-08-2018
Business: None for plaintiff.
Adv. Kamble h/f. Adv. Vyawahare for defendant no.1 / BMC present.
Deft. no. 2 absent.
L.O.
Adv. B. P. Shukla for plaintiff present.
Earlier order to continue till next date.
Matter adjd. to 16.10.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2018

Date: 16-10-2018
Business: Adv. B. P. Shukla for plaintiff present.
Adv. Kamble h/f Adv. Vyawahare for defendant no.1 / BMC present.
Deft. no 2 has failed to file reply to notice of motion.
Earlier order, if any, to continue till next date.
Matter adjd. to 11.12.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2018

Date: 11-12-2018
Business: Adv Shukla for plff present.
Adv Mrs.Vyavhare for BMC/deft no.1 present.
Adv Bhandari for deft on.2 present.
Court busy in hearing arguments on notice of motion no.17/2011, 1773/12 and 1812/15 and order in N/M No.3383/14, and urgent matters (new). Hence, matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd to 5/02/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2019

Date: 05-02-2019
Business: Adv B.P.Shukla for plff present.
AdvRamesh Bhandari for deft no.2 present.
Adv Mrs.Vyavhare for BMC/deft no.1 present.
On oral request of ld adv for plff, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 26/02/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2019

Date: 26-02-2019
Business: Adv B.P. Shukla for plff present.
Adv Bhandari for deft no.2 present.
Adv Mrs.Vyavhare for MCGM/deft no.1 present.
K.B..
Later on..
None present for plff.
Adv Bhandari for deft no.2 present.
Adv Mrs.Vyavhare for MCGM/deft no.1 present.
K.B..
Later on..
Adv Yadav h/f adv Shukla for plff present.
Adv Bhandari for deft no.2 present.
Adv Mrs.Vyavhare for MCGM/deft no.1 present.
Adjd to 27/02/2019 at 11.30 a.m. for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2019

Date: 27-02-2019
Business: Court is on leave. Hence, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2019

Date: 19-03-2019
Business: Adv. Mr. Yadav for Plff present.
Adv. Mrs. Vyavhare for MCGM/deft. No.1 present.
Adv. Mr. Bhandari for Deft No.2 present.
On oral request of advocate for Plff, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 22/3/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2019

Date: 22-03-2019
Business: Adv. Yadav for Plaintiff present.
Adv. Vyavhare for Defendant No.1/MCGM present.
Adv. Bhandari for Defendant No.2 present.
K.B.
L.O.
Adv. B.P. Shukla for Plaintiff present.
Heard argument by Advocate for Plaintiff.
Earlier order, if any, to continue till next date.
Adjd. to 25/03/2019 for N/m (P.H.)
Next Purpose: NM  P.H.
Next Hearing Date: 25-03-2019

Date: 25-03-2019
Business: Adv. Mr. B.P. Shukla for Plff present.
Adv. Mrs. Bhoir for MCGM/Deft No.1 present.
None for Deft No.2.
On oral request of advocate for Defendant/MCGM, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 28/3/2019 for N/M hearing (arguments of Deft).
LO at 3.00 p.m.
Adv. Mr. Kaustubh Bhandari for Deft No.2 present.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Business: Adv. Mr. B.P. Shukla for Plff present.
Adv. Mrs. Vyavhare for MCGM/deft No.1 present.
Adv. Mr. Bhandari for Deft No.2 present.
KB - LO at 4.50 p.m.
Adv. Mr. B.P. Shukla for Plff present.
Adv. Mrs. Vyavhare for MCGM/deft No.1 present.
Adv. Ms. Bhandari for Deft No.2 present.
Heard arguments of Ld. Adv. for Deft No.1, Ld. Adv. for Deft No.2 and Ld. Adv. for Plff on N/M.
Earlier order, if any, to continue till next date.
Adjd to 30/3/2019 for order on N/M.
Next Purpose: NM  ORDERS
Next Hearing Date: 30-03-2019

Date: 30-03-2019
Business: None for Plff.
Adv. Mrs. Vyavhare for MCGM/deft present.
F.R.S.R. the following order is passed -
Order
1. N/M No.593/18 is dismissed.
2. Costs in cause.
Adjd to 14/6/2019 for WS.
LO at 4.00 p.m.
Adv. Mr. Yadv for Plff present and orally requested for continuation of earlier order for three weeks.
Adv. for Deft/MCGM has objected for the same.
O. - Earlier order is continued for three weeks from the date of order.
Already adjd to 14/6/2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: None for plff
Adv. Ms. Hajare h/f Adv. Khandagle for Defendant no. 1/MCGM present.
None for deft no. 2
On oral request of ld adv for Deft. no. 1, adjournment granted as a last chance.
Adjd. to 07.08.2019 for W/s
LO. at 11.30 a.m.
Adv. Ms. Bhandari for deft. no. 2 present.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Adv. J. S. Yadav for plaintiff present.
Adv. Khandagle for MCGM/Deft. 1 present.
Adv. Ms. Bhandari for def. no. 2 present.
On oral request of ld adv for def. no. 1, adjournment granted.
Adjd to 18.09.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: None for plaintiff.
Adv. Mr. S.C. Khandagale for Deft no. 1/MCGM present.
Adv. Ms. Bhandari for Deft. no. 2 present.
On oral request of advocate for Defendant no. 2, adjournment granted.
Adjd to 04-12-2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: None for Plaintiff.
Adv. Khandagle for MCGM/Deft.No.1 present and tendered pursis(Exh.6 ) to treat affdvt in reply to NM as WS.
Pursis - Exh.6.
WS of Defendant No.1 - Exh.7
Adv. Ms. Bhandari for Defendant No.2 present.
Adjd. to 02/03/2020 for WS of Defendant No.2.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft.No.1 present.
Adv. Mehul Jain for defendant No.2 is present.
On oral request of advocate for Defendant No.2, adjournment granted.
 Matter adjd to 19.06.2020   for W/S.
L.O. Adv.J.S.Yadav  for adv.B.P.Shukla present.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft no.1/MCGM present
None for deft no.2.
Matter adjd to 10/02/2021 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Adv. S. K. Shah h/f Adv. B. P. Shukla for plaintiff present.
Adv. Khandagle for deft no.1/MCGM present.
None for deft no.2.
On oral request of advocate for deft/MCGM to file written statement, matter is adjourned till next date.
Matter adjd to 07/04/2021 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Due to Covid-19 SOP, matter is adjourned till next date.
Matter adjd to 18/06/2021 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-06-2021

Date: 18-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present.
Adv Bhandari for defendant no.2 present.
On oral request of both advocates to file W/S, matter is adjourned till next date.
Adjd. To 08/09/2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: None for plaintiff.
Adv Smita Chavan h/f Adv Tondwalkar for defendant no.1 / MCGM present.
None for defendant no.2.
Adjd. To 13/10/2021 for written statement of defendant no.2..
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: H.H.J. is on half day leave (Morning Session)
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Adv. Yadav h.f. Adv. B.P. Shukla for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant No.1/MCGM is present.
None for Defendant No.2.
Today matter is kept for W.S. of Defendant No.2. Hence, matter be kept for \''No W.S. order\'' against Defendant No.2.
Matter is adjd to 24/01/2022 for \''No W.S. order \''against Defendant No.2.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-01-2022

Date: 24-01-2022
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.
Adjd. to 25/2/2022 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: Adv Ravindra Singh h/f Adv B.P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present.
None for defendant no.2.
Today matter is fixed for W/s of defendant no.2. But neither defendant no.2 nor his advocate present. Previously matter was kept for \''\''No W/s Order \''\''against defendant no.2. It shows that defendant no.2 is not interested to file W/s on record, hence \''\''No W/s Order\''\'' passed against defendant no.2.
Adjd. to 04/04/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: HHJ is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: H.H.J. is on leave today.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for defendant No. 1/ BMC is present.
Adv. P. M. Shah for deft. No. 2 present and submitted that he wants to take out draft motion for setting aside No W/S order against deft. No. 2. Hence, requested to keep back the matter after recess.
K.B.
L.O.
Adv. Yadav h/f Adv. B. P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for defendant No. 1/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adv. Ashok Garje for deft No. 2 present and tendered draft N/M for setting aside no reply order dated 18/09/2019. Leave is granted to register the draft N/M, made returnable on next date. Copy be supplied to other side.
Adjd. to 22/08/2022 for service and reply to draft N/M of deft. No. 2.
Next Purpose: SERVICE
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv. Yadav h/f. Adv. Mr. Shukla for plaintiff present
Adv. Mrs. Tondwalkar for D/1 BMC is present.
Adv. Ashok Garje for D/2 present and requested for time to serve the NM upon other side. Time is granted till next date.
D/2 is directed to register the draft NM till next date.
Adjd. to 26/09/2022 for service and reply to draft NM of D/2.
Next Purpose: SERVICE
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. Pranjali Bhandari for deft. No.2 and tendered original N/M No.3355/2022, TOR. Copy is supplied to plaintiff and deft. No.1/BMC.
Adv. for plaintiff and Adv. for deft. No.1/ BMC are requested time to file reply to N/M. Time is granted till next date.
Adjd. to 16/11/2022 for N/M reply by plaintiff and deft. No.1/ BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Adv. Yadav h/f Adv. B. P. Shukla for plaintiff present and has given say on N/M No.3355/2022 overleaf.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. Ashok Garje for deft. No.2 present.
Adjd. to 19/12/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: None for plaintiff.
Adv. Mrs. Chavan h/f Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
None for defendant No.2.
Adjd. to 20/02/2023 for N/M hrg.
L.O.
Adv. Garje for defendant No.2 present.
Already adjd. to 20/02/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: Adv. Yadav h/f Adv. B. P. Shukla for plaintiff present.
Adv. Mr. Suryavanshi for defendant No.1/ BMC is present.
Adv. M. S. Bhandari a/w Adv. Ashok Garje i/b Adv. Pranjali Bhandari for defendant No.2 present.
Heard both sides on N/M.
Adjd. to 03/03/2023 for N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: Adv. B. P. Shukla for plaintiff present.
Adv. Mrs. Mhatre h/f Adv. Mr. Suryavanshi for defendant/ BMC is present.
Adv. Ashok Garje i/b Adv. Pranjali Bhandari for defendant No.2 present.
K.B.
L.O.
As Court is busy in hearing urgent ad-interim, N/M and passing orders in ad-interim reliefs, board is discharged.
Adjd. to 04/03/2023 for N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: Adv. Sunita Dubey h/f Adv. B. P. Shukla for plaintiff present. Adv. Mr. Suryavanshi h/f Adv. Mrs. Mhatre for defendant No.1 is present. Adv. Ashok Garje i/b Adv. Pranjali Bhandari for defendant No.2 present.
Following order is passed on Notice of Motion No.3355/2022- O R D E R
1. Defendant No.2 has taken out this N/M for setting aside no W/S order dated 25/02/2022 and taking on record W/S. 2. It is contended that the plaintiff is one of the tenant of the eistwhile Shastri Niketan building and groups of tenants have filed similar suits against this defendants. The plaintiff has taken out N/M and same was disposed of on 30/03/2019. The Shastri Niketan building has been demolished by defendant No.1 by following procedures u/S 354 of the MMC Act. Therefore, this defendant was under assumption that plaintiff would take steps to amend the plaint to bring said facts on record. Therefore, this defendant started collecting documents and therefore, W/S could not be prepared and filed within a prescribed time limit. 3. The plaintiff opposed N/M stating that defendant has not assigned any cogent reason for delay in filing W/S. The reasons given by the defendant are very casual in nature and without any specification. There is a unexplained delay and same cannot be condoned in any circumstances, in view of the judgment of the Hon\''ble Apex Court. Hence, N/M deserves to be dismissed. 4. Heard Adv. for the parties and perused record. 5. The suit has been filed in the year 2018. Defendant No.2 appeared on 02/02/2018 through Adv. Pankaj Kavali. It appears that thereafter matter adjourned for N/M hearing and said N/M disposed of on 30/03/2019 and then matter adjourned for W/S of the defendant but defendant not filed W/S. Hence, on 25/02/2022, no W/S order came to be passed. It is the contention of defendant No.2 that the notice structure was demolished by the corporation and it was under impression that plaintiff will take steps to bring on record said facts. The suit has been filed for declaration that MOU dated 09/09/2011 executed between plaintiff and defendant No.2 is valid subsisting and binding. Thus, defendant No.2 is the necessary party. It appears that defendant No.2 had contested the N/M filed by the plaintiff. No W/S order has been passed on 25/02/2022 and defendant immediately taken out this N/M. 6. It is well settled that in adversarial system no party should be ordinarily denied the opportunity of participating in the process of justice dispensation, unless compelled by the expressed and specific language of the statute. All the rules of procedures are handmade of the justice. Refusing to set aside no W/S order will amount denial of the justice. Therefore, in order to give one more fare chance to defendant No.2 to contest the suit by filing W/S, it will be just and proper to set aside no W/S order. There is a delay, however the plaintiff will be compensated by appropriate cost. Hence, i pass following order- O R D E R 1. Notice of Motion made absolute in terms of fare clauses (a) and (b) subject to payment of cost of Rs.3,000/- to be paid to the plaintiff. 2. On payment of cost W/S will taken on record. 3. In terms of above order N/M No.3355/2022 is disposed of. Adjd. fo 24/03/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: Adv. J.S. Yadav h/f Adv. B.P Shukla for plaintiff present.
Adv. Suryavanshi for defendant no.1/BMC present.
Adv. Pranjali Bhandari for defendant no.2 present and paid cost of Rs.3000/- to plaintiff.
Hence, WS of defendant no.2 is t.o.r marked as Exh.  . Copy is supplied to Adv.of plaintiff and Adv.of defendant no.1/BMC.
Matter adjd for draft issues and hearing on issues to 21.07.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: None present for plaintiff
Advocate Suryavanshi for defendant No.1/BMC present.
None present for defendant NO. 2
Adjd to 07.10.2023 for Framing  issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: Advocate Sunita Dubey h/f Shukla for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Exh. …. Issues are framed.
Adjd  to 06.11.2023     for  List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: None present for plaintiff
Advocate Suryavanshi  for defendant No. 1/BMC present.
None for deft No. 2
Today is first date for filing evidence but none present for plaintiff. Hence matter adjourned.
Adjd  to 10.01.2024     for  Plaintiff evidence/ R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: Advocate J. S. Yadav  h/f Shukla for plaintiff present and requested time to file evidence. Hence matter adjourned.
Adv. Bhandari for deft No. 2 present.
Advocate Suryavanshi for defendant No. 1/BMC present.
Adjd  to  14.02.2024  for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-02-2024

Date: 14-02-2024
Business: None present for plaintiff.
Advocate Suryavanshi  for defendant No. 1/BMC present.
Adv. Pranjali Bhandari for deft No. 2 present
Today suit is fixed for recording of evidence of the plaintiff but none present for plaintiff. Adv for deft No. 2 submitted that sufficient time has been granted to the plaintiff and prayed for last chance. Hence matter adjourned as a last chance.
Adjd  to  11.03.2024    for  plaintiff evidence/R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: Advocate  B. P. Shukla for plaintiff present and seeks time for filing evidence on ground that he has not received instruction.
Advocate  Suryavanshi for defendant No.1/BMC present.
Adv. Pranjali Bhandari for deft No. 2 present and opposed adjournment. It appears that issues are framed on 07.10.2023 and matter adjourned on request of plaintiff. On 14.02.2024 last chance was granted to the plaintiff but today plaintiff is seeking adjournment. Hence time granted as one more last chance subject to cost of Rs. 1000/- credited to DLSA in this office.
Adjd  to  19.04.2024   for  evidence of plaintiff/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Business: Advocate J.S. Yadav for plaintiff present and requested to keep back the matter. Hence
Advocate Suryavanshi  for defendant/BMC present.
Adv Kaustubh Bandari deft NO. 2 present.
keep back
Later on 1.00 p.m
Adv  Sagar Chaurasia h/f J. S. Yadav for plaintiff present and tendered affidavit of evidence of PW-1 marked as
Exh.  10  and Compilation of documents marked as Exh. 11  Copies are supplied to other side.
PW-1 present.
Order on Exh. 11 – Other side to admit or deny.
Adjd  to 24.06.2024 for Admission denail/R.E.P.H
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: C. A. of plaintiff present
Advocate Sunita Dubey for plaintiff present and served copies of evidence and compilation of documents to deft No. 2.
Advocate Vywahare  for defendant No. 1/BMC present and gave reply on compilation of document.
Adv. Pranjali Bhandary for deft No. 2 present and seeks time to file say on compilation of documents.  Hence matter adjourned.
Adjd  to  12.07.2024 for say on Compilation of documents by Adv for deft No.2/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-07-2024

Date: 12-07-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-07-2024

Date: 26-07-2024
Business: Advocate  J. S. Yadav h/f Shukla for plaintiff present.
Advocate   Honmane  for defendant No. 1/BMC present
Adv Bhandary for deft No. 2 present and gave say on  compilation of document marked as Exh. 12. Hence matter adjourned.
Adjd to 16.08.2024 for  hearing on as to admissibility of document/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-08-2024

Date: 16-08-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-09-2024

Date: 02-09-2024
Business: Advocate Sunita Dubey for plaintiff present and requested time to argue on compilation of documents.
Advocate Honmane  for defendant/BMC present.
Adv. Bhandary for deft No. 2 present and tendered  copy of judgment TOR Marked as Exh. 13
Adjd to 30.09.2024   for hearing on compilation of documents
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-09-2024

Date: 30-09-2024
Business: Advocate Sunita Dubey h/f Shukla for plaintiff present and requested time for filing Power of Attorney, however matter is today listed for hearing on compilation.
Advocate  Honmane  for defendant  No.1/BMC present.
Adv. Bhandari for deft No. 2 present
Adv Dubey for plaintiff requested for longer date.
Adjd to 20.11.2024  for Hearing on Compilation of documents /R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-11-2024

Date: 20-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Holiday was declared on 20.11.2024 due to Assembly Election, hence matter is taken on today’s board and adjourned to 06.01.2025  for Hearing on Compilation of documents /R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-01-2025

Date: 06-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI ( C.R. No. 04 )
Adv. Mr. Sunita Dubey h/f Adv. Mr. B.P. Shukla for the plaintiff is present and sought time to file documents. Time is granted lastly.
Adv. Ms.Sangita Honmane for defendant No.1/MCGM is present.
None present for deft No. 2.
Adjourned for filing documents/consideration to 21.01.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-01-2025

Date: 21-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Sunita Dubey h/f Adv. Mr. B.P. Shukla for the plaintiff is present and sought time to file documents. Sufficient time is already granted for this count. Still, the matter is adjourned strictly as a last chance, subject to payment of costs of Rs. 3,000/- ( Rs. Three Thousand) in favour of the DLSA, Mumbai. In default, the suitable Orders would follow. Adv. Ms. Pooja Nagarthawar h/f Adv. Ms. Honmane for defendant No.1/MCGM is present. Adv. Mr. M.S. Bhandari for defendant No. 2 is present.
Adjourned for Costs/Compliance/R.E. to 08.04.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-04-2025

Date: 08-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Sunita Dubey for the plaintiff is present. She submitted that Order of costs is complied with. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Sangita Honmane for defendant/MCGM is present. caption is changed
Adjourned for RE. to 22.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-07-2025

Date: 22-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Yadav h/f Adv. Mr. B. P. Shukla for the plaintiff is present. Adv. Ms. Pooja Nagarthawar h/f Adv. Ms. Sangita Honmane for defendant No.1/MCGM is present. Adv. Mr. Bhandari for Defendant No. 2 is present.
Court time is over in other matters.
Adjourned for Hearing on Exhibition on document
to 04-08-2025.
Next Purpose: HEARING
Next Hearing Date: 04-08-2025

Date: 04-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. J.S. Yadav h/f Adv. Mr. B.P. Shukla for the plaintiff is present.
Adv. Ms. Sangita Honmane for defendant No. 1/MCGM is present.
None present for defendant No. 2
keep back
Later on at 11.48 a.m
Adv. Mr. Bhandary for  defendant No. 2 is present.
Rest appearance is as above.
Adjourned for Hearing on Exhibition on document to 11.08.2025.
Next Purpose: HEARING
Next Hearing Date: 11-08-2025

Date: 11-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Plaintiff is absent.
Adv. Mr. J.S. Yadav h/f Adv. Mr. B.P. Shukla for the plaintiff is present and filed pursis Taken on record. It is marked as
Exhibit 14. O- Filed.  along with  list of documents Taken on record. It is marked as Exhibit 15 . O- Filed.
Adv. Ms. Sangita Honmane for defendant No. 1/MCGM is present.
None present for defendant No. 2.
keep back
Later on at 12.15 pm
None present for defendant No. 2.
Rest appearance is as above.
Order Below Exhibit 11:
	Perused examination in chief affidavit of the plaintiff. I have gone through all documents and reply filed by defendant minutely.
Document at sr. No. 1 is photocopy hence it can not be exhibited.
Document at sr. No. 2 is Rent receipt. The plaintiff has admitted signature of landlord. It being original, tentatively marked as Exhibit 16 and read in to evidence.
Document at sr. No. 3, 4, 5 are photocopies. Hence they can not be exhibited.
Document at sr. No. 6 original Electricity Bill. It is marked as Exhibit 17.
Document at sr. No. 7 is statement of Bank Account in the name of plaintiff. It is tentatively marked as Exhibit 18 and read in to evidence by leaving upon legal submissions.
Document at sr. No.8 photocopy of rent receipt.
Document at sr. No, 9, 10 and 11 to 15 being admitted by the defendant, they are marked as Exhibit 19 to Exhibit 25
Document at sr. No 16 is reply. It bears acknowledgment of defendant. Hence it is marked as Exhibit 26.
Document at sr. No 17 is photocopy and not annexed with necessary certificate U/s 65-B of Evidence Act. Hence it can not be exhibited.
Document at sr. No.18 being admitted, it is marked as Exhibit 27 and read into evidence
Document at sr. No. 1 below Exhibit 15 is original POW dtd 22.03.2025 it is Noterized document. It is referred in the evidence. Hence it is marked as Exhibit 28 and read in to evidence
Parties to take note of this Order
Adjourned for Cross examination of PW-1/R.E.P.H..to 22.09.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-09-2025

Date: 22-09-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Plaintiff is absent.
Adv. Mr. J.S.Yadav  for the plaintiff is present and requested for adjournment as plaintiff is absent. Time is granted.
Adv. Ms. Vidya Vyavhare h/f Adv. Ms. Honmane for defendant No.1/MCGM is present.
None present for defendant no. 2.
Adjourned for Cross examination of PW-1/R.E.P.H.to 15.10.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-10-2025

Date: 15-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Mr. J.S. Yadav h/f Adv. Mr. B.P. Shukla for the plaintiff is present.
Adv. Ms. Vidya Vyavhare h/f Adv. Ms. Honmane for defendant No. 1/MCGM is present.
Adv. Mr. Bhandari for defendant No. 2 is present.
keep back
Later on at 11.45 pm
The appearance is as above.
Adv for defendant No. 1/MCGM requested for adjournment for cross-examination of PW-1.
Adjourned for Cross examination of PW-1/R.E.P.H.to 03.11.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-11-2025

Date: 03-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Ms. Sunita Dubey h/f Adv. Mr. B.P. Shukla for the plaintiff is present and requested for adjournment as witness is not present.
Time is granted strictly as a last chance.
Adv. Ms. Vidya Vyavhare h/f Adv. Ms. Honmane for defendant No.1/MCGM is present.
Witness is absent.
Adv. Mr. Bhandari for Defendant No. 2 is present and raised objection for adjournment.
Adjourned for Cross examination of PW-1/R.E.P.H. to 26.11.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-11-2025

Date: 26-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
PW-1 is present. His Adv is absent.
Adv. Ms. Rupali Patil h/f Adv. Vyavhare for defendant No.1/MCGM is present.
Adv. Pranjali Bhandari for defendant No. 2 is present.
Later on at 12.30 pm
Adv. Ravindra Singh for the plaintiff is present.
Adv. M.S. Bhandari a/w Adv. Pranjali Bhandari for defendant No. 2 is present.
Rest appearance is as above.
Advocate for defendant/MCGM requested for adjournment as concern Advocate is not available. Time is granted.
Adjourned for Cross examination of PW-1/R.E.P.H. to 10.12.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-12-2025

Date: 10-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. J.S. Yadav h/f Adv. B.P. Shukla for the plaintiff is present.
Adv. Vidya Vyavhare for defendant No. 1/MCGM is present.
Adv. Pranjali Bhandari for defendant No. 2 is present. L
Adjourned for Cross examination of PW-1/R.E.P.H .to 12.01.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-01-2026

Date: 12-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Abhishek Shukla h/f Adv. B. P. Shukla for the plaintiff is present.
Adv. Ms. Rupali Patil h/f Adv. Vyavhare for MCGM No. 1 is present.
Adv. Prajanli Bhandari for defendant No.2 is present.
Adjourned for Cross examination of PW-1/R.E.P.H .to 06.03.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-03-2026

Date: 06-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Sunita Dubey h/f Adv. B.P. Shukla   for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant No. 1/MCGM is present.
None present for defendant No. 2.
Adjourned for Cross examination of PW-1/R.E.P.H.to 24.04.2026
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-04-2026

Date: 24-04-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. J.S. Yadav   for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant No. 1 MCGM is present.
Adv. Kaustubh Bhandari hf Adv. M. S. Bhandari for defendant No. 2 is present.
	Adv of defendant No. 2 filed the pursis, vide Exhibit 29 stating that, defendant No. 2 was a partnership firm on the date of filing the suit, now it converted in to Limited Company.  Its copy has been served to the plaintiff. As per the request of Ld. Adv of plaintiff, defendant to produce list of Director of Company to the plaintiff.
Adjourned for Compliance to  01.07.2026
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2026

Date: 01-07-2026
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 24-08-2026

Date: 24-08-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. J.S. Yadav  for the plaintiff is present and tendered draft Notice of Motion, along-with affidavit in support.
O- Leave is granted to register.
Copy has been supplied to Adv of defendant/MCGM
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for tendering registered NM/NM Reply to 23.10.2026
Next Purpose: REPLY
Next Hearing Date: 23-10-2026

NOTICE OF MOTION/103355/2022
NOTICE OF MOTION/100593/2018

Registration Number: 100390/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 102130/2018
Filing Date: 07-02-2018
First Hearing Date: 06th April 2018
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE