Date: 08-06-2020
Business: due to national lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Business: NOB TOB.(By preceipe)
Adv. S.T. Manek for Plaintiff present.
On request of advocate for Plaintiff, issue Writ of Summons upon defendants, returnable on 08/12/2020.
Matter adjd to 08/12/2020 for service of Writ of Summons .
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: None for plaintiff.
Adv. Ms. Hazare for deft nos. 1 to 5/MCGM present.
Adv. Priyasha Pawar for deft No.6 and 7 present and submits that writ of summons is not yet served upon deft no. 6 and 7.
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Later On. At 12.15 pm.
Adv. Uttam Rane h/f Adv. S. T. Manek for plff present and requests for extension of time to serve the writ of summons upon deft no. 6 and 7. Time is granted till next date.
Matter adjd to 18/02/2021 for Service of Writ of summons upon deft no. 6 and 7.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: NOB TOB (By Precipe)
Adv. S. T. Manek for plaintiff present and tendered draft NM alongwith affidavit in support and draft Ch/s alongwith affidavit in support. TOR. Leave is granted to register the NM and Ch/s, returnable till next date.
Adv. for plaintiff also tendered original writ of summons. TOR.
Adv. Ms. Hazare for deft no.1 to 5/MCGM present.
Adv. Arun Mehta for deft no.6 and 7 present and filed V/P. TOR and marked at Exh.2.
Matter adjd to 14/01/2021 for Ad-interim hearing/Ch/s Reply.
Next Purpose: HEARING
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv. S. T. Manek for plaintiff present and tendered original registered Ch/s No. 88/2021 alongwith affidavit in support. TOR. He also tendered original registered NM No.129/2021 alongwith affidavit in support,additional affidavit in support and rejoinder in NM and Ch/s. TOR. Copies are served to other side.
Adv. Ms. Hajare for deft no. 1 to 5/MCGM present and tendered reply to NM No.129/2021 and List of documents, TOR. List of documents is marked at Exh.3.
Adv. Arun Mehta for deft no.6 and 7 present and tendered reply to NM No.129/21 and additional reply. He also tendered reply to Ch/s No.88/2021. TOR. Copy is served to other side.
Adv. for deft no. 1 to 5/MCGM has given say on Ch/s No.88/2021.
Heard both sides on Ch/s considerable at length.
Matter adjd to 09/02/2021 for Ch/s Order and Arguments on NM.
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv. S. T. Manek for plaintiff present and tendered rejoinder in NM No.129/2021. TOR. Copy supplied to other side.
Adv. Ms. Hajare for deft no. 1 to 5/MCGM present.
Adv. Priyasha Pawar h/f Adv. Arun Mehta for deft no.6 and 7 present.
F.R.S.R. following order is passed on Ch/s No. 88/2021.
ORDER
1. Chamber summons No. 88 of 2021 is partly allowed and made absolute in terms of prayer clause (a) only.
2. The Plaintiffs are directed to carry out amendment in plaint as per schedule annexed to chamber summons within two weeks.
3. Plaintiff shall provide the copy of amended plaint to the defendants.
4. Chamber summons No. 88 of 2021 is disposed off accordingly.
Matter adjd to 09/03/2021 for Compliance/NM Hearing.
Later On. At 03.30 pm.
Adv. Arun Mehta for deft no.6 and 7 present and filed Written Statement. TOR and marked at Exh.3. Copy served to other side.
Advocate for deft no.6 and 7 submits that he wants to file additional WS after carrying out amendment by plaintiff in the plaint.
Matter is already adjd to 09/03/2021 for NM Hearing and Additional WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: NOB TOB (By Precipe)
Adv. S. T. Manek for plaintiff present and tendered additional affidavit in support in NM. TOR. Copy is served to other side.
Adv. Ms. Smita Chavan h/f Adv. Hazare for deft no. 1 to 5/MCGM present.
Adv. Arun Mehta for Deft no. 6 and 7 present.
Officer Mr. Nilesh S. Bendekar, Sub-Engineer, B and F Dept, T Ward, MCGM, present.
Heard both sides on Ad-interim reliefs.
Deft/Corporation shall not disconnect electricity supply till next date i.e 25.02.2021.
Authenticated copies be given to the both parties.
Matter is already adjd to 25/02/2021 for Order on Ad-interim relief.
Next Purpose: ORDER
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. S. T. Manek for plaintiff present.
Adv. Ms. Hazare for deft no. 1 to 5/MCGM present.
Adv. Arun Mehta for Deft no. 6 and 7 present.
Earlier order, if any, to continue till next date.
Matter adjd to 02/03/2021 for Order on Ad-interim reliefs.
Next Purpose: ORDER
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv. Mr. S. T. Manek for plaintiff present.
Adv. Ms. Hazare for deft no.1 to 5/MCGM present.
Adv. Mr. Arun Mehta for deft no.6 and 7 present.Hence I inclined to pass following order -
ORDER
The prayers (a) to (d) in Notice of Motion for ad-interim relief is rejected being devoid of merits.
It is submitted by advocate for plaintiff that he will challenge this order before Hon\''ble High Court, therefore, eight weeks time may be granted or to vacate premises.
Adv. Ms. Hazare for deft no.1 to 5/MCGM strongly objected to grant protection.
Adv. Mr. Arun Mehta for deft no. 6 and 7 submitted that one week time is enough. Considering and circumstances facts of this case.
Hence, I am inclined to pass following order -
ORDER
1) Three week\''s protection is granted to the plaintiff to challenge this order before Hon\''ble High Court.
2) There would not be no further extension will be granted to the plaintiff.
Authenticated copies be given to the both parties.
Matter adjd to 30/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: Due to Covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: None for plaintiff.
Adv Smita Chavan for defendant nos.1 to 5/ MCGM present and requests for time to file reply to NM. Time is granted till next date.
Adv Sonika Mehta for defendant nos.6 and 7 present.
Adjd. To 18/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: None for plaintiff.
Adv. Chavan for Defendant Nos. 1 to 5/MCGM present and seeks time to file reply to NM. Time is granted till next date.
Adv. Mehta for Defendant Nos. 6 and 7 present.
Matter is 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.
Matter is adjd to 07/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: HHJ is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: None for plaintiff.
Adv. Mrs. Chavan for defendant No. 1 to 5/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
Adv. Arun Mehta for def. Nos. 6 and 7 present.
Adjd. to 22/09/2022 for N/M reply by deft. Nos. 1 to 5/MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: H.H.J. is on half day C.L.(afternoon session)
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: H.H.J. is on half day (second session) leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: Court is busy in urgent hearing, board is discharged.
Adjd. to 02/02/2023 for N/M reply by deft. Nos. 1 to 5/BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: None for plaintiff.
Adv. Mrs. Chavan for defendant Nos.1 to 5/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adv. Ankit Shrivastav for defendant Nos.6 and 7 present.
Adjd. to 27/04/2023 for reply by defendant Nos.1 to 5/ BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: None for plaintiff.
Adv. Mhatre for defendant no. 1 to 5 / BMC is present and requested for time to file NM reply. Time granted as a last chance.
Adv. Mr. Arun Mehta for defendant no. 6 and 7 is present and submitted that ad-interim has been rejected long back and building has been demolished.
Adjd. to 08.06.2023 for NM reply of defendant no.1 to 5.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: None present for plaintiff.
Adv. Smt. Mhatre for defendant No.1 to 5/ BMC is present and requested for time to file reply to NM. Time is granted.
None present for defendant No. 6 and 7
Adjd. to 29.08.2023 for filing NM reply of defendant no.1 to 5.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: None present for plaintiff.
Advocate Mhatre for defendant No. 1 to 5/BMC present and seek time to file reply to NM. Hence time is granted
Adv. Aniket Suhas for deft NO. 6 and 7 present.
Adjd to 09.11.2023 for NM Reply by BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: Court is on leave
Matter adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-01-2024
Date: 04-01-2024
Business: Advocate Sanjay Manek for plaintiff present
Advocate Mhatre for defendant No. 1 to 5/BMC present.
Shri. Devendra Pawar, J/E ( B & F) T Ward for BMC present.
keep back
Later on 3.07 p.m.
Adv Manek for plaintiff present.
Adv for deft/BMC tendered affidavit of reply cum written statement TOR marked as Exh. 4.
Adv Aniket shrivastav i/b Akshar Laws for deft No. 6 and 7 present.
Adv for plaintiff tendered application for withdrawal of suit marked as Exh. 5 and Partnersheep Deed marked as Exh. 6 and photocopy of Aadhar Card marked as Exh. 7
Order below Exh. 1
1. Advocate for plaintiff filed an Notarized application for uncondinal withdrawal of the suit vide Exh 5 alongwith true copy of Partnership Deed. Adv for deft No. 1 to 5 as well as deft No. 6 and 7 submitted that suit structure has been demolished and suit is become infructuous and they have no objection unconditional withdrawal of suit. The application for withdrawal of suit is signed by Shri. Jignesh Shah the partner of plaintiff No. 1 and plaintiff No. 2. They are identified by their advocate S. T. Manek. The application is Notarized before the Notary and it has presumed to value. Advocate for plaintiff submitted that the plaintiff are not able to remain present, hence they have filed Notarized application. Therefore I pass following order :-
ORDER
1. Suit is disposed of as withdrawn as per application below Exh. 5.
2. In view of disposal of suit, NM 129/2021 is disposed of accordingly.
3. Parties is to bear their own cost.
Nature Of Disposal: WITHDRAWL
Disposal Date: 04-01-2024