Kantilal Hemraj ChhedaVsMCGM and Applicant-Nitin Visanji Mepani and Ors.

Date: 14-02-2020
Business: Adv.Sandeep Singh   for plaintiff present.
Adv. Mrs. Hajare for MCGM/Deft.No.1 present.
Adv.Deepika Sugandha h/f adv.Parera for applicant present.
 Matter adjd to 09.04.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 11-08-2020

Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Business: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: Already adjd. to 21-01-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Matter adjd to 23/03/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: Matter adjd to 29/04/2021 for Compliance (Service of copy of amended plaint upon defts).
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Business: Due to Covid-19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-08-2021

Date: 07-08-2021
Business: Adv Tiwari with Adv Sandeep Singh for plaintiff present and request for time to serve copy of amendment plaint on defendant\''s.
Adv Smita Chavan for defendant no.1 / MCGM present.
None for defendant nos.2 to 4.
Plaintiff is directed to serve amendment plaint on or before next date.
Adjd. To 28/08/2021 for complian
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-08-2021

Date: 28-08-2021
Business: HHJ is on leave.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: As Court is busy in dictating judgments in Suit Nos.442/12 to Suit No.459/12 and Suit No.559/12, board is discharged and matter is adjourned.
Adjd. To 21/10/2021 for compliance (service of copy of amended plaint upon defendants).
Next Purpose: COMPLIANCE
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Adv Tiwari for plaintiff present and supplied the copy of amended plaint to defendant no.1 / MCMG and defendant no.2.
Adv Smita Chavan for defendant no.1/ MCGM present.
Defendant  no.2 present.
Adv for defendant nos.2 and 4 present.
Adjd. To 16/11/2021 for filing W/s by defendant nos.2 to 4.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Adv. Tiwari h.f. Adv. S.R. Dubey for Plaintiff present.
Adv Mrs Rawade h.f. Adv. Chavan for defendant no.1 / MCGM present.
None for Defendant Nos. 2 to 4.
K.B. L.O.
Adv. Pankar h.f. Adv. S.R. Dubey for Plaintiff present.
Adv. Parera for Defendant Nos. 2 to 4 present and requests for time to file W.S. Time is granted till next date.
Matter is adjd to 16/12/2021 for filing W.S. by Defendant Nos. 2 to 4.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Adv Tiwari for plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM present.
Defendant no.2 present. His advocate absent.
None for defendant nos.3 and 4.
Defendant no.2 requests for time to file W/s. Time is granted till next date.
Ch/s No.341/2020 which was disposed off on 14.02.2020, be removed from CIS.
Defendant nos.2 to 4 (Previous applicants) are directed to tender the said disposed off ch/s alongwith affidavit in support.
Adjd. To 15/01/2022 for filing W/s by defendant nos.2 to 4.
L.O. at 1.55 p.m.
Adv Parera for defendant nos.2 to 4 present.
Already adjd. To 15/01/2022 for filing W/s by defendant nos.2 to 4.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-01-2022

Date: 15-01-2022
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 03/02/2022 for filing W.S. by Defendant Nos. 2 to 4.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: None for Plaintiff.
Adv. Rawade for defendant no.1 / MCGM present.
Adv. Parera for Defendant Nos. 2 to 4 present and filed W.S. T.O.R.
Matter is adjd to 17/03/2022 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Adv. Sandeep Singh for Plaintiff present.
Adv. Chavan for Defendant No.1/MCGM present.
Adv. Parera for Defendant Nos. 2 to 4 present.
Defendant No.2 present.
Adjd. To 12/04/2022 for additional issues.
Next Purpose: ADDITIONAL ISSUES
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Adv Tiwari h/f Adv S.R. Dubey for plaintiff present.
Adv Mrs Smita Chavan for defendant no.1 / MCGM present.
None for defendant no.2 to 4.
It is not necessary to frame additional issues as issues are framed on 12.07.2016 are sufficient to decide the present suit, hence matter is adjourned for evidence of plaintiff.
Plaintiff is directed to tender original registered Ch/s No.341/20 along-with affidavit in support thereof on next date.
Plaintiff is directed to carry out amendment  as per order dated 14.02.2020.
Adjd. To 26/04/2022 for compliance / evidence of plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: None for plaintiff.
Adv Chavan for deft no. 1/ MCGM present.
Adv. Parera for deft no. 2 to 4 present.
Deft no. 2 is also present.
Plaintiff is directed to tender original registered Ch/s No.341/20 along-with affidavit in support thereof on next date.
Plaintiff is directed to carried out amendment as per order dated 14.02.2020. Adjd. To 26/04/2022 for compliance / evidence of plaintiff.
Adjd. To 21-06-2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv. Tiwari h/f Adv. S. R. Dubey for plaintiff present.
Adv. Mrs. Smita Chavan for defendant No. 1/ MCGM is present.
Adv. Pareira for defendant Nos. 2 to 4 present
Plaintiff is directed to tender original registered Ch/s No.341/20 along-with affidavit in support thereof on next date.
Plaintiff is also directed to supply the copy of amended plaint to other side till next date and tendered copy of amended plaint to Court on next date.
Adjd. to 04/08/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Adv. Tiwari h/f Adv. S. R. Dubey for plaintiff present.
Adv. Mrs. Chavan for defendant No. 1/ BMC is present.
Adv. Pareira for deft. Nos. 2 to 4 present, deft. No. 2 is also present.
Adjd. to 18/08/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Adv. Sandeep Singh h/f Adv. S. R. Dubey for plaintiff present.
Adv. Mrs. Chavan for defendant No. 1/ BMC is present.
None for deft. Nos. 2 to 4.
Adjd. to 06/09/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Adv. Pankar h.f. Adv. Tiwari for plaintiff present and undertakes to file V/p. on next date and also requested time to supply the copy of amended Plaint upon D/2 to D/4. Suit is 10 years old. However, in the interest of justice time granted as last chance.
Adv Mrs Rawade h.f. Adv. Chavan for D/1 BMC is present.
Adv. Parera for D/2 to D/4 present.
D/2 is also present.
Plaintiff is directed to tender original registered Ch/s No.341/20 along-with affidavit in support thereof on next date.
Adjd. to 27/09/2022 for compliance(service of copy of amended Plaint upon D/2 to D/4).
Next Purpose: COMPLIANCE
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: Adv. Pankar h/f Adv. Tiwari for plaintiff present.
Plaintiff present.
None for defendant No.1/ BMC, T-ward.
None for deft. Nos.2 to 4.
K.B.
L.O.
Adv. Tiwari for plaintiff present and submitted that he will supply the copy of amended plaint to the Adv. for deft. Nos.2 to 4 during the course of the day.
Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant No.1/ BMC present.
Adv. Periera for deft. Nos.2 to 4 present.
Deft. Nos.2 to 4 is directed to tender original registered Ch/s No.341/20 (disposed of) along-with affidavit in support thereof on next date.
Adjd. to 18/10/2022 for service of copy of amended plaint to deft. Nos.2 to 4 and filing W/S by deft. Nos.2 to 4.
Next Purpose: SERVICE
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: Adv. Tiwari for plaintiff present.
Adv. Mrs. Tondwalkar h.f. Adv. Rawade for D/1 BMC is present.
Adv. Parera for D/2 to D/4 present and submitted that he has received copy of amended Plaint. Hence, request for time to file W.S.
D/2 is also present.
Adjd. to 22/11/2022 for filing W.S. by Defendant No.2 to 4.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-11-2022

Date: 22-11-2022
Business: Adv. Tiwari for plaintiff present.
Adv. Mrs. Rawade for defendant No.1/ BMC is present.
Defendant Nos.2 to 4 is directed to tender Ch/S No.341/2020 (disposed of) on next date.
Adjd. to 13/12/2022 for No W/S order against deft. Nos.2 to 4.
Next Purpose: ORDER
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: Adv. Tiwari h/f Adv. S. R Dubye for plaintiff present.
None for defendant No.1/ BMC.
Adv. Periera for defendant Nos.2 to 4 present and requested time to file W/S. But deft. Nos.2 to 4 added long back and statutory period of filing W/S is over. Hence, adjourned for No W/S order.
Adv. for deft. Nos.2 to 4 tendered disposed of Ch/S No.341/2020, TOR.
Adjd. to 03/01/2023 for No W/S order against deft. Nos.2 to 4.
Next Purpose: ORDER
Next Hearing Date: 03-01-2023

Date: 03-01-2023
Business: Adv. Sandeep Singh for plaintiff present.
None for defendant No.1/ BMC.
Adv. Periera for deft. Nos.2 to 4 present and tendered draft N/M (for condonation of delay to file W/S) with W/S, TOR. Leave is granted to register the same, returnable on next date. Copy is supplied to Adv. for plaintiff.
Deft. No.3 is also present.
Adjd. to 24/01/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: Adv. Tiwari h/f Adv. Satyam Dubey for plaintiff present.
Adv. Mrs. Chavan for defendant No.1/ BMC is present.
Adv. Periera for deft. Nos.2 to 4 present and tendered N/M No. 244/2023 (for condonation of delay to file W/S) along with W/S, N/M is TOR. Copy is supplied to other side.
Defendant No.3 is also present.
Adv. for plaintiff has given say on N/M overleaf.
Heard both sides on N/M No.244/2023.
Adjd. to 16/02/2023 for order on N/M No.244/2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: Adv. Tiwari h/f Adv. Satyam Dubey for plaintiff present.
Adv. Mrs. Mhatre for defendant No.1/ BMC is present.
Adv. Periera for deft. Nos.2 to 4 present and tendered additional W/S, TOR and marked as Exh.9-A.
Defendant No.3 is also present.
F.R.S.R. following order is passed on N/M No.244/2023-
O R D E R
1. Notice of Motion No.244/2023 is allowed.
2. The delay in filing Written Statement is condoned.
3. Additional Written Statement be taken on record.
Adjd. to 02/03/2023 for additional W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: Adv. Tiwari h/f Adv. S. R. Dubey for plaintiff present.
Adv. Mrs. Mhatre for defendant No.1/ BMC is present and requested time to file W/S. Suit is of year 2011 and it is posited for additional W/S of defendant/ corporation. Corporation not filed additional W/S. Hence, suit to proceed without W/S of defendant No.1/ BMC.
None for defendant Nos.2 to 4.
Adjd. to 23/03/2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: Adv Ms. Shital Yadav h/f. Dubey for plaintiff present.
She requested time to file evidence.
Adv Ms. Mhatre for deft no. 1 present.
Defendant no. 2 present.
Adv for deft nos. 2 to 4 absent.
Matter is adj for plaintiff\''s evidence to 13/04/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: None present for plaintiff.
Adv. Ms. Mhatre for defendant  no.1 / BMC is present.
Defendant no.2 present.
Adv. for defendant no. 2 to 4 absent.
None present for plaintiff, hence suit is kept for dismissal order.
Adjd. to 13.06.2023 for Suit Dismissal.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Court is on leave
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 04-07-2023

Date: 04-07-2023
Business: PO Court is on leave
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: Advocate Tiwari h/f S.R. Dube for plaintiff present.
Advocate Mhatre  for defendant No. 1/BMC present.
Keep back
L.O.
Same appearance
Adv for plaintiff tendered draft Chamber Summons @ affidavit in support. O- Leave granted to register Ch/s
Copy supplied to defendant/BMC
Copies of defendant No. 2 to 4 is kept in R & P.
Adv for defendant/BMC has given say on draft ch/s overleaf.
Order on draft CH/s
1.  Draft Chamber Summons disposed off as withdrawn.
2.  Plaintiff is directed to register draft ch/s for statistical purpose.

Advocate for corporation submitted that suit is today kept for dismissal and plaintiff is not filing evidence.Therefore suit is dismissed. Adv for plaintiff submitted matter be kept tomorrow for fililng evidence because he was under impression that name of plaintiff No. 1 is not deleted. Hence, matter adjourned and kept for dismissal.
Adjd  to 10.08.2023. for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: Advocate  Tiwari h/f S. R. Dubey for plaintiff present and requested to keep back matter as he is filing evidence. Hence kept back.
Advocate Mhatre for defendant No.1/BMC present.
None present for def No.  2 to 4.
Kept back.
L.O.
Adv for plaintiff No. 1(B) tendered affidavit of evidence of PW-1 and compilation of documents TOR and marked as Exh. 10 and Exh. 11 respectively. Copies are supplied to other side. Order on Exh. 11 – Other side to Admit or deny
Adjd to 14.09.2023 for Admission denial
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 14-09-2023

Date: 14-09-2023
Business: Advocate Sandip Singh for plaintiff present.
Advocate Mhatre for defendant No. 1/BMC present and submitted say on compilation of documents Exh-11.
Defendant No. 2 present and tendered reply to Exh-11. TOR. It is marked as Exh-12. Copy served on other side.
Adjd  to 10.10.2023 for hearing on Exh-11.
Next Purpose: HEARING
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: Advocate Tiwari h/f S.R. Dubey  for plaintiff present.
Deft No. 2 present.
Adv. Pareira for deft No. 2 to 4 present.
Advocate Mhatre for defendant No.1/BMC present.
Heard argument of both sides on Exh. 11
Adjd  to   02.11.2023  for Order on Exh. 11
Next Purpose: ORDER
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: None present for plaintiff
Deft No. 2 present.
Adv. Periera for deft No. 2 to 4 present.
Advocate Mhatre for defendant No. 1/BMC present.
Order on Exh. 11
The plaintiff filed document alongwith list Exh. 11.Defendant/BMC admitted documents, Document at sr. No. 09, 11 and 12 and deft No. 2 to 4 denied all the documents.
Heard Adv for the parties.
Document at Sr. No. 1 and 2 are photocopies of Rent receipt and notice u/s 342 of MMC Act. The plaintiff has not laid down foundation for leading secondary evidence. Hence these document not admissible in evidence, hence it can not be exhibited.
Document at sr. No. 3 original Rent Receipt, Document at sr. No.4 original Ration Card, Document at sr. No. 5 Electricity bill, Document at sr. No. 6 Voters Identity card, Document at sr. No. 7 Telephone Bill. The rent receipt is issued in the name of original plaintiff and rest of the documents are issued by public authorities. Hence these documents be exhibited serially.
Document at sr. No.  8 are photograph. The plaintiff has not produce certificate u/s 65 (B) of Evidence Act. Therefore this photograph are not admissible in evidence. It can not be exhibited.
Document at sr. No. 9 to 12 are the Impugned Notice, OC of the reply to show cause notice by the plaintiff to his Advocate, speaking order by the defendant/BMC. Therefore these documents be exhibited serially.
Exh. 13  Document at sr. No.3 Original Copy of the rent receipt bearing receipt no 8 daed 01.05.1973.
Exh.14 Document at sr. No.4 Original ration card bearing number WA No. 450701.
Exh.15  Document at sr. No.5 Original Electricity Bill dated 11.11.2010.
Exh.16   Document at sr. No. 6 Original Election Card bearing No. MT/07/0562/519153 dted 01.01.1994 issued by the Election Commission of India.
Exh.17  Document at sr. No. 7 Original telephone Bills issued by the MTNL bearing consumer No. 2101646526, bill no. 11022449707 and dated 08.05.2011.
Exh. 18  Document at sr. No. 9  Original impugned notice under section 351 of the Mumbai Municipal Corporation Act, 1888 bearing Notice No. T/BF/B-II/3648/351 of 2010-2011 dated 07.10.2010 issued by the Asstt. Municipal Commissioner T Ward Municipal office building, Lala Devidyal Marg, Mulund(W).
Exh. 19  Document at sr. No. 10  Office a copy of the reply date 13.10.2010.
Exh. 20  Document at sr. No. 11 Original impugned order bearing Notice No. T/BF/B-II/3648/351 of 2010-2011 dated 23.02.2011 passed by the Asstt. Municipal Commissioner T Ward.
Exh. 21  Document at sr. No 12. Original notice bearing No. T/BF/B-II/3648/351 of 2010-2011 dated 08.07.2011 by Asstt. Engineer ( B & F) T WARd.
Adjd  to   30.11.2023   for  Cross-examination of PW-1/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-11-2023

Date: 30-11-2023
Business: Advocate Tiwari h/f S R. Dubey for plaintiff present.
Advocate Mhatre for defendant No.1/BMC present and requested to keep back the matter. Hence kept back.
PW-1 present.
Deft No. 2 present and Adv for deft No. 2 to 4 is absent.
Keep back
Later on. 1.08 pm
Adv Periera for deft No 2 to 4 present.
Rest of the same appearance.
PW-1 is present on S.A.
Cross-examination of PW-1 by Adv for deft No.1/BMC is recorded and completed.
Adv Periera for deft No 2 to 4 seeks time to cross-examination of PW-1. Hence matter adjourned.
On perusal of record it appears that ch/s No. 341/20 already disposed of on 14.02.2020. hence it be removed from CIS
Adjd  to 19.12.2023  for cross-examination of PW-1 by deft No. 2 to 4/R.E.P.H.
Nature Of Disposal: ALLOWED
Disposal Date: 30-11-2023

Main Case No: SUIT/0101622/2011
Main Cnr: MHCC010022692011
Main Filing No: 111447

Registration Number: 100341/2020
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 102386/2020
Filing Date: 20-02-2020
Decision Date: 30th November 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE