MCGMVsKamal Pasha Zaidy - Applicant

Date: 21-02-2020
Business: As Court is on Leave. Matter is adjourned.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Advocate S. R. Dube for plaintiff present.
He filed reply to N/M of applicant.
Advocate for applicant present.
He filed  registered N/M No. 767/20.
Advocate Kumawat for defendant/BMC present.
He tendered draft N/M along with affidavit and written statement.
O-Leave is granted to register draft N/M.
Copy served to plaintiff.
Ld. Adv. Plaintiff filed reply to N/M of Def/BMC.
Heard argument on both sides.
FRSR FOLLOWING ORDER PASSED
ORDER
1. Draft Notice of Motion is hereby allowed subject to costs of Rs.300/- (Rs. Three Hundred Only) to be paid by defendant/MCGM to plaintiff on or before next date.
2. Upon depositing the costs as per clause (1) of this order, the delay caused in filing written statement shall stand condoned and the written statement tendered on record by defendant/MCGM shall be taken on record.
3. Draft Notice of Motion is accordingly disposed of.
4.Draft Notice of Motion be registered for statistical purpose.
Adjourned for Compliance/N/M Hearing to 09/03/2020.
Time Bound
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Advocate S. R. Dube for Plaintiff present.
Advocate Kumawat for defendant/BMC present.
Advocate Khan Javed for applicant present
Heard argument on N/M 4370/17 on both side
Adjourned for N/M Orders to 12/03/2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Advocate for Plaintiff present.
Advocate Sutar for defendant/BMC present.
FRSR FOLLOWING ORDER PASSED
ORDER
1. Notice of Motion No. 4370/2017 is hereby dismissed with costs.
2. Notice of Motion No. 4370/2017 is accordingly disposed of.
Adv. for plaintiff filed application for stay of order. (Exh-3)
FRSR FOLLOWING ORDER PASSED
ORDER BELOW EXH-3
1. Application is allowed. Earlier protection granted by Hon\''ble High Court is continued for further 2 weeks from today.
Adjourned for Draft Issues to 29/06/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-06-2020

Date: 29-06-2020
Business: COVID-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Business: Due to Covid-19. Matter  is adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: None for plaintiff.
Adv. Mrs. Patil for def/BMC present.
Issues framed.
Adjourned for list of witness/R/E to 27/01/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: None present for plaintiff.
Advocate for deft/BMC present.
Adjourned for Recording Evidence to 10.03.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: Advocate Rajendra Jain for plaintiff present. He filed V. P. and  draft Ch/s along with affidavit.
O-Leave is granted to register draft Ch/s.
Advocate Mr. Amit Jaiswal for defendant present.
Advocate for defendant/BMC present.
Adjourned for R/E to 14/06/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Business: Adjd
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: None present for plaintiff.
Advocate Mrs. Deepali Patil for defendant/BMC Present.
Advocate for defendant no. 2 present.
Plaintiff is directed to get registered the Ch/s before next date.
Adjd for Ch/s Reply/R/E to 01/10/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: Advocate for for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Advocate for plaintiff filed registered Ch/s  1054/2021.t.o.r.
Adjd for CH/s Reply /R.E. to  08.12.2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: As court is on leave. Board is discharged. matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-01-2022

Date: 28-01-2022
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 for R.E. to 23.02.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
On oral request of Advocate for defendant short adjournment granted for Ch/s Reply
Adjd for Ch/s Reply / R.E. to  28.02.2022 at 11.30 a.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Court is on Leave
Adjd for R.E. to   20.04.2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: None present for plaintiff.
Advocate Smt.Deepali Patil  for defendant/BMC present.
Adjd for Ch/s Reply/ R.E.  to   01.07.2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for Ch/s Reply /R./E. to 06.07.2022 at 12:30 a.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present and filed reply to Ch/s No. 1054/2021 itself
Shri Paresh Chaudhary, Sub. Engineer B/F, G South ward present.
Adjd for Ch/s Hearing /R.E. To  20.07.2022
Next Purpose: C/S  HEARING
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: Advocate Vinsha Acharya for  Applicant/ plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Heard argument of both sides on Chamber summons No. 1054/2021.
FRSR FOLLOWING ORDER PASSED on Chamber summons No. 1054/2021
ORDER
1.Chamber Summons No.1054 of 2021 is hereby allowed.
2.The proposed amendment is allowed.
3.The plaintiff shall carry out the amendment within 14 days from the date of this order.
Chamber Summons No.1054 of 2021 in LC.Suit No.2679 of 2017 stands disposed of.
Adjd for  compliance to  23.09.2022
Next Purpose: COMPLIANCE
Next Hearing Date: 23-09-2022

Date: 20-07-2022
Business: Advocate Vinsha Acharya for  Applicant/ plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Heard argument of both sides on Chamber summons No. 1054/2021.
FRSR FOLLOWING ORDER PASSED on Chamber summons No. 1054/2021
ORDER
1.Chamber Summons No.1054 of 2020 is hereby allowed.
2.The proposed amendment is allowed.
3.The plaintiff shall carry out the amendment within 14 days from the date of this order.
Chamber Summons No.1054 of 2020 in LC.Suit No.2679 of 2017 stands disposed of.
Adjd for  compliance to  23.09.2022
Next Purpose: COMPLIANCE
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
On request of advocate for plaintiff short adjournment is granted.
Adjd for Compliance to  04.11.2022
Next Purpose: COMPLIANCE
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: By praecipe
Advocate Vinsha Acharya for plaintiff present and filed application for extension of time to carry out the amendment as per order dated 20.07.2022  Marked as    Exh. 4   O- Permission is granted
Advocate Smt. Deepali Patil for defendant/BMC present.
Matter is already Adjd to  04.11.2022
Next Purpose: COMPLIANCE
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Plaintiff is directed to file amended copy of plaint on or before next date.
Adjd for Compliance to  21.12.2022
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for Compliance to 10.02.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: None present for plaintiff.
Advocate Smt. Vidya  Vyavhare for defendant/BMC present.
Adjd for Compliance to  29.04.2023
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: Advocate Aagashe h/f S. R. Dubey for plaintiff present and filed amended copy of plaint.  Copy served.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Additional Written statement if any to  04.07.2023
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-07-2023

Date: 04-07-2023
Business: Advocate Acharya for plaintiff  present and sought adjournment..
Advocate Meena Dhuri present for defendant/BMC.
Matter adjourned for additional WS if any to 28/08/2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: Advocate Ranjit Agashe present for plaintiff.
Advocate Deepali Patil present for defendant/BMC and fails to file additional WS. Hence matter be proceeded without additional WS of defendant..
Matter adjourned for issues to 23/10/23.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-10-2023

Date: 23-10-2023
Business: CA of plaintiff present his advocate absent.
Advocate Deepali Patil present for defendant/BMC.
As advocate for plaintiff is absent, Matter adjourned for Framing issues to 15/01/24.
l.o. at 11.56 am.
Advocate Rajendra Jain for plaintiff present.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-01-2024

Date: 15-01-2024
Business: None present for plaintiff.
Advocate  Deepali Patil present for defendant/BMC.
In view of amendment in plaint additional issues are framed below Exh. 4.
Matter adjourned for filing evidence of plaintiff / RE to 18-03-2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: Advocate Pranit Lahigade h/f Adv. Ranjit Aagashe  present for plaintiff and sought adjournment. O- Granted.
Advocate Deepali Patil present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff / RE to 12.06.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2024

Date: 12-06-2024
Business: None present for plaintiff.
Advocate Amar Patil present for defendant/BMC.
No application for adjournment placed on record, hence suit kept for dismissal order.
Matter adjourned for dismissal order to 21.09.2024.
Later on at 12.55 pm
Adv. Namrata Aagashe h/f Adv. S. R. Dubey for plaintiff present.
Next Purpose: DISMISSAL
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: Advocate Rajendra Jain h/f Adv. Ranjit Aagashe present for plaintiff and submitted that he will take appropriate step for removal of suit from dismissal caption and sought adjournment.
Advocate Amar Patil present for defendant/BMC.
Considering submission matter adjourned for dismissal order.
Matter adjourned for dismissal order to 29.01.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 29-01-2025

Date: 29-01-2025
Business: COURT IS ON LEAVE.
Next Purpose: DISMISSAL
Next Hearing Date: 14-02-2025

Date: 14-02-2025
Business: Advocate Aniket Pardeshi h/f Adv. Vinisha Acharya present for plaintiff and filed draft NM @ Affidavit. O- Leave granted to register.
Advocate Amar Patil present for defendant/BMC and filed reply on Draft NM itself.
Heard argument on both side on Draft NM.
The following order has passed on  Draft NM.
ORDER
Inadvertently that order is proceed, it ought to be proceed on Draft motion in Suit No. 1509 of 2014.  In that case same other order is required to be proceed.  The NM is filed for removing the caption.  The Suit be removed from dismissal caption.  The order earlier pass stand called back.  NM stands disposed of and it be register for statistical 3407purpose.
Matter adjourned for filing evidence of Plaintiff/RE to 21-04-2025.
Next Purpose: DISMISSAL
Next Hearing Date: 21-04-2025

Date: 21-04-2025
Business: Advocate Pranil h/f Adv. Ranjit Agashe present for plaintiff and sought adjournment. O- Granted.
Advocate Amar Patil present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff /RE to 14.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2025

Date: 14-07-2025
Business: Advocate Pranit h/f Adv. Ranjeet Agashe present for plaintiff and seeks time. O - granted.
Advocate Amar Patil present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff /RE to 15.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2025

Date: 15-09-2025
Business: Advocate Acharya present for plaintiff and sought adjournment for filing evidence due to the heavy rain in Mumbai as well as to obtain certain important documents. O- Granted.
Advocate Amar Patil present for defendant/BMC.
Adv. Aksha Shaikh for defendant present.
Matter adjourned for recording evidence to 07.11.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-11-2025

Date: 07-11-2025
Business: Advocate Pranit h/f Adv. Ranjeet Agashe present for plaintiff and sought adjournment for filing evidence of plaintiff. O- Granted.
Advocate Bibhishan Sutar present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff/RE to 19.01.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2026

Date: 19-01-2026
Business: Advocate Aniket Pardeshi present for the plaintiff and seeks time for taking steps. O - Time granted.
Advocate Amar Patil present for defendant/BMC.
Matter adjourned for for taking steps to 20.02.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-02-2026

Date: 20-02-2026
Business: Advocate Pranit present for the plaintiff.
Advocate Amar Patil present for defendant/BMC.
Applicant in notice of motion no. 767 of 2020 is absent. This Notice of Motion was taken out to set aside order passed in CS No. 1621 of 2018 on 16.03.2019. Apparently applicant is not interested in proceeding with the Notice of Motion, hence Notice of Motion No. 767 of 2020 is dismissed in default and for want of prosecution. Proceeding in NM No. 767 of 2020 is closed. Parties to take note.
Nature Of Disposal: DISMISSED
Disposal Date: 20-02-2026

Main Case No: SUIT/0102679/2017
Main Cnr: MHCC010122562017
Main Filing No: 111447

Filing Number: 102298/2020
Filing Date: 18-02-2020
First Hearing Date: 21st February 2020
Decision Date: 20th February 2026
Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE