Jawahar Jaisinh ThakkarVsThe Commissioner, MCGM +1 more

Date: 05-04-2019
Business: Plff in person absent.
Adv. Mrs. Bhoir for MCGM/deft. present.
Adv. Mr. Arun Mehta for applicant present and tendered original registered Ch/s No.739/19 alongwith affidavit.
Earlier order, if any, to continue till next date.
In view of office order No.66/19 dt.4/4/2019 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, this matter is transferred to C.R. No.9 for disposal in accordance with law.
Adjd to 10/6/2019 for N/M and Ch/s reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2019

Date: 10-06-2019
Business: Applicant present and tender draft Ch/s with affidavit.
Order on draft Ch/s.
    By instant Ch/s the applicant wants to add him as party in place of deceased plaintiff.  The application is made within limitation.  Hence Ch/s is allowed in terms of prayer clause (a).  The plaint be amended accordingly on or before next date and amended copy be served to other side.  Draft Ch/s be registered for statistical purpose only.
Order on Ch/s No. 739/2019
Perused the Ch/s and heard ld. Advocate for applicant. The applicants claim that they are landlords of the suit building.  Ld. Adv. for applicant has pointed out that in other suit filed by other tenants the present applicants, being landlords, are made parties.  As the applicants are landlords of the suit building any order of the Civil Court will affect their rights.  As such the applicants are necessary parties to the suit.  In view thereof Ch/.s no. 739/2019 is allowed and made absolute in terms of prayer clauses (a) and (b).  The plaint be amended accordingly on or before next date and copy of amended plaint be served to the applicants.
Earlier order, if any, to continue till next date.
Adjd to 25.06.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-06-2019

Date: 25-06-2019
Business: None for plaintiff.
Adv. Ms. Patil for MCGM/Defendant 1 and 2 present.
None for def. no. 3 and 4.
Adjd to 20.08.2019 for compliance.
L.O. at 3.10 p.m. Adv. Thakkar for plaintiff present.
Adv. Arun Mehta for applicant present.
Adjd to 04.07.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: None for plaintiff.
Adv. Sigarala for def. no. 3 and 4 present.
Adv. Ms. Patil for MCGM/Defendant 1 and 2 present.
On oral request of ld adv for def. no. 1 and 2, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 11.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-07-2019

Date: 11-07-2019
Business: Adv. Jawahar Thakkar for plaintiff present.
Adv. Ms. Patil for Defendant 1 and 2 /MCGM present and filed reply to NM.   Copy served to other side.
Adv. Arun Mehta for Defendant No.  3 and 4 present.
Earlier order, if any, to continue till next date.
Adjd. to 25.07.2019 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-07-2019

Date: 25-07-2019
Business: Plaintiff in person present and tendered draft Ch/s with affidavit.  Leave is granted to register the Ch/s.  He also tendered rejoinder to NM.  Copy served to other side.
Adv. Ms. Patil for MCGM/Defendant 1 and 2 present.
Adv. Arun Mehta for defendant no. 3 and 4 present.
Charge of C. R. no. 11, Court busy in urgent hearing matters of two courts.  Hence adjourned.
Earlier order, if any, to continue till next date.
Adjd to 13.08.2019 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-08-2019

Date: 13-08-2019
Business: Plaintiff in person present and tendered registered Ch/s no. 1443/19 with affidavit.
Adv. Arun Mehta for def. no. 3 and 4 present and tendered registered NM No. 3054/19 with affidavit.  He also filed reply to NM.  Copy served to other side.
Adv. Ms. Patil for MCGM/Defendant 1 to 2 present.
Earlier order, if any, to continue till next date.
Adjd to 22.08.2019 for NM/Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: (Incharge Court of C.R.No.8)
Mr. Jaydeep Thakkar, Plaintiff in person present.
Adv. Mrs. Hajare for Defendant No. 1 and 2/MCGM present.
Adv. Ms. Sonika Mehta for Defendant No. 3 and 4 present.
Earlier order, if any, to continue till next date.
Adjd to 26.09.2019 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Adv. Jaydeep Thakkar for plaintiff present and tender draft NM along with affidavit.
Order- NM allowed in terms of prayer clause of (a) and prayer clause (b) will be considered along with Main Motion. Draft NM stands disposed off. It be registered for statistical purpose.
Adv. Mrs. D.D. Patil for Deft1,2/MCGM present.
Adv.Ms. Mehta for deft. 3,4 present.
KB
LO
Earlier order, if any, to continue till next date.
Adjd to 15-10-2019 for NM Hearing/ C/S Reply
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Business: Adv. Thakkar for plff. present and tendered original registered N/M No.3708/19 (disposed of) alongwith supporting affd.
Adv. Patil for MCGM/Deft.nos.1 and 2 present.
Adv. Arun Mehta for deft.nos.3 and 4 present.
On oral request of advocate for plff., adjournment granted.
Adjd to 07.11.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Adv. Jaydeep Thakkar for plaintiff present and tendered application t.o.r. t.o.r. and marked at Exh. 3
Order on Exh. 3 - The deft./MCGM to consider the application of the plaintiff dated 23-10-2019 at the earliest.
Adv. Mrs. D.D. Patil for Deft No. 1 and 2/MCGM present.
Adv.  Arun Mehata for deft. no. 3 and 4 present and tendered reply to NM No. 3708/19 and also tendered pursis t.o.r. and marked at Exh. 4
On oral request of advocate for plaintiff, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd to 13-11-2019 for NM Hearing .
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: Adv.Namita Shirke for plaintiff present.
Adv. Mrs. R.M. Hazare for Deft no.1 and 2/MCGM present.
Adv. Arun Mehta for defendant no.3 and 4 present.
k.b
Later on.
Adv.Patankar for plaintiff present.
Adv. Mrs. D.D. Patil for Deft no.2 and 3 /MCGM present.
Earlier order, if any, to continue till next date.
Matter is adj to 22/11/19 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: Adv. Ms. Namita Shirke for plff present.
Adv. Ms. Patil for MCGM/Defendant nos. 1 and2 present.
Adv. Mr. Arun Mehta for deft nos. 3 and 4 present.
K.B.
LO.
Adv. Mr. Som Sinha with adv. Ms. Patil for deft nos.1 and 2/ MCGM present.
Earlier order, if any, to continue till next date.
Adjd to 03.12.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: Adv. Ms. Namita Shirke for plaintiff present
Adv. Mr. Soham Sinha with Adv. Ms. Patil for MCGM/Defendant no. 1 to 3 present.
Adv. Arun Mehta for defendants no. 4 and 5 present
Earlier order, if any, to continue till next date.
Adjd to 10.12.2019 for N/m hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: Adv.  Namita Shirke for plaintiff present.
Adv. Mrs. D.D. Patil With adv. Som Sinha for Deft no. 1 to 3 /MCGM present.
Adv.  Arun Mehta  for Defendant no. 4 and 5 present.
KB LO
Adv. Thakkar for plaintiff present.
Earlier order, if any, to continue till next date.
Adjd to 13-12-2019  for NM Hearing .
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: Adv. S. P. Shriwastav with Adv. Nameeta Shirke h/f Adv. Thakkar  for plaintiff present.
Adv. Mrs. D.D. Patil with Adv. Som Sinha for Defts no. 1and 2/MCGM present.
Adv.  Arun Mehta for Defendant no. 3 and 4 present.
Earlier order, if any, to continue till next date.
Adjd to 18-12-2019  for N/M hearing .
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Adv. Mr. Namita Shirke h/f Adv. Mr. Thakkar for the plaintiff is present.
Adv. Mrs. D.D. Patil for Deft no. 1 and 2/MCGM present.
Adv.  Arun Mehta  for Deft. no. 3 and 4 present.
KB LO
Adv. Mrs. D.D. Patil with Adv. SOM Sinha fo  for Deft no. 1 and 2/MCGM present.
partly heard plaintiff on N/M.
Earlier order, if any, to continue till next date.
Adjd to  20-12-2019 for   N/M hearing P.H
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: None for plaintiff.
Adv. Mrs. D.D. Patil for Deft. no. 1 and 2/MCGM present.
None for defendant no. 3 and 4.
Court is busy in recording evidence in L.C. SU. No. 2826/15 .
Earlier order, if any, to continue till next date.
Adjd to 21-12-2019  for N/M hearing P.H. (11.00 am)
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2019

Date: 21-12-2019
Business: None for plaintiff.
Adv. D.D. Patil for defendant Nos.1 to 2/MCGM present.
None for defendant No. 3 and 4.
KB
L.O. at 12.05pm.
Adv.Mr.Som Sinha a/w Adv.Mrs.Patil for Defendant Nos.1 and 2/MCGM present.
Adv. Arun Mehta for defendant No.3 and 4 present.
Plaintiff in person present.
Adv.Mooman h/f adv. Mr.S.P.Srivastav for plaintiff present.
Partly heard Ld. Adv. for Defendant No.1 and 2/MCGM.
Earlier order, if any, to continue till next date.
Adjd to 02.01.2020 for further arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 02-01-2020

Date: 02-01-2020
Business: None for Plff.
Adv. Mrs. Hazare h/f Adv. Mrs. Patil for Deft Nos.1 and 2/ MCGM present.
Adv. Mr. Arun Mehta for Deft Nos.3 and 4 present.
Kept back -
Later on at 2.45 p.m.
Adv. Namita Shirke for Plff present.
Adv. Mr. Som Sinha with Adv. Hazare for the Deft Nos.1 and 2/MCGM present.
Earlier order, if any, to continue till next date.
Adjd to 14/1/2020 for N/M hearing P/H.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Adv.Namita Shirke for plaintiff present
Adv. Patil a/w Adv.Som Sinha  deftf. 1 and 2 present.
Adv. Arun Meta for Defendant No 3 and 4 present.
Earlier order, if any, to continue till next date.
Adjd to 05.02.2020 at 12.00pm for NM hearing  .
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Adv. Hemlata for plaintiff present.
Adv. Som Sinha for defendant No. 1 and 2 preseant.
Adv. Arun Mehta for defendant No. 3 and 4 present.
Earlier order, if any, to continue till next date.
Matter adjd to 13.02.2020 at 12.00noon for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: None present for plaintiff.
Adv. Som Sinha for defendant No.1 and 2 present.
Adv. Arun Mehta for defendant No.3 and 4 present.
As court is busy in dectating SC Case No.62/2020 judgment matter., Hence matter is adjourned.
Earlier order, if any, to continue till next date.
 Matter adjd to 06.03.2020 at 12.00 am   for NM hrg/ reply to ch/s.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Adv.Kadam for plaintiff present.
Adv. Som Sinha for Defendant No.1 and 2 MCGM.
Adv.Arun Mehta for Defendant No.3 and 4 present.
As Court is busy in dictating judgment in Sessions Case No.85/20 and 366/19. Matter is adjourned.
Earlier order, if any, to continue till next date.
 Matter adjd to 20.04.2020 at 11.30 a.m. for NM hearing of consent of both sides.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-05-2020

Date: 11-05-2020
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: NM FOR HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Business: Adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Business: None for Plaintiff.
None for Defendant.
Matter adjd to 10/11/2020 for N/m hearing.
L.O. 3.15 p.m.
Plaintiff in person present.
Earlier order, if any, to continue till next date.
Matter already adjd to 10/11/2020 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: None for plaintiff.
Adv. Som Sinha with Adv. Ms. Smita Chavan for deft no. 1 and 2/MCGM present.
Adv. Ms. Priyasha Pawar h/f Adv. Arun Mehta for deft no.3 and 4 present.
Earlier order, if any, to continue till next date.
Matter adjd to 12/01/2021 for NM Hearing and Ch/s reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: Plaintiff in person present and and tendered draft Ch/s along-with affidavit in support. TOR. Leave is granted to register the NM, returnable on next date. Copy served to all defendants.
Adv. Som Sinha with Adv. Ms. Smita Chavan for deft no.1 and 2 /MCGM present.
Adv. Arun Mehta for deft no.3 and 4 present.
There is urgency to the MCGM being the dilapidated building, therefore plaintiff is directed to proceed with all Ch/s and defts are directed to file say/Reply, if any. All ch/s will be heard on next date.
Earlier order, if any, to continue till next date.
Matter adjd to 04/02/2021 for Hearing of NM No.3055/19 and Reply to draft Ch/s by defts no. 1 to 4 and Reply to Ch/s No.1443/19 by deft no.1 and 2/MCGM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Plaintiff in person absent.
Adv. Som Sinha with Adv. Ms. Smita Chavan for deft no.1 and 2/MCGM present and requests for time to file reply to Ch/s no.1443/19 and draft Ch/s filed by plaintiff.
Adv. Arun Mehta for deft no.3 and 4 present and tendered reply to draft Ch/s filed by plaintiff. TOR. Copy is served to deft no. 1 and 2.
Copy be served to plaintiff.
Plaintiff is directed to register the Ch/s and tender the same on next date.
Earlier order, if any, to continue till next date.
Matter adjd to 20/02/2021 for filing Reply to ch/s no. 1443/19 and draft Ch/s by deft no.1 and 2/MCGM and NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: Adv. Ms. Shirke for plaintiff present.
Adv. Ms. Smita Chavan for deft no.1 and 2/MCGM present and submits that MCGM Counsel Mr. Som Sinha is not feeling well. Hence requests for time to file reply to Ch/s no.1443/19 and draft Ch/s filed by plaintiff.
Adv. Arun Mehta for deft no.3 and 4 present
Plaintiff is directed to register the Ch/s and tender the same on next date.
Earlier order, if any, to continue till next date.
Matter adjd to 18/03/2021 for filing Reply to ch/s no. 1443/19 and draft Ch/s by deft no.1 and 2/MCGM and NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: Plaintiff in person present and tendered original registered Ch/s No.251/2021 along-with affidavit in support. TOR.
He also tendered common argument in both Ch/s No.1443/19 and 251/2021, TOR and marked at Exh.5. Copy is served to other side.
Adv. Mr. Som Sinha with Ms. Smita Chavan for deft no.1 and 2/ MCGM present and has given say on Ch/s No.1443/19 and 251/2021 and tendered common arguments on both Ch/s, TOR and marked at Exh.6.
Adv. Arun Mehta for deft no.3 and 4 present.
Heard both sides on Ch/s Nos.1443/19 and 251/2021 at length.
Earlier order, if any, to continue till next date.
Matter adjd to 30/03/2021 for Order on Ch/s Nos.1443/19 and 251/2021/NM Hearing .
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: (Matter pertains to C.R.No.8)
Plaintiff in person present.
Adv. Chavan for deft No. 1 and 2 /MCGM present.
Adv Smt. Sonika Mehta h/f Adv Arun Mehta for deft No.3 and 4 present.
Earlier order, if any, to continue till next date.
Matter adjd to  06/04/2021  for Order on Ch/s Nos. 251/2021 and 1443/2019 / N.M. hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Plaintiff in person present.
Adv. Mrs. Smita Chavan for deft no. 1 and 2/MCGM present.
Adv. Sonika Mehta h/f. Adv. Arun Mehta for deft.no. 3 and 4 present.
Order on Ch/s Nos.1443/19 and 251/2021
          This is Suit for challenging notice u/s 354 of MMC Act, against demolition of Amrut Kunj, Anjariawadi Ghatkopar East, Mumbai-77. It is also prayed to quash letter dt.08.02.2019 and notice dt. 08.02.2019.
          This is Chamber Summons filed by the plaintiff for inserting subsequent events in the body of the plaint in respect of the TAC report and this activities in related to TAC report. The plaintiff have filed the suit to challenge the notice u/s.354 of the MMC Act and TAC report. After granting ad-interim in favour of the plaintiff the liberty was given to the defendants to refer matter to TAC a fresh for taking decision on the status of building as per guildline issued by Hon\''ble High Court. He made certain correspondence regarding the TAC to the deft/Corporation. He has handed over all the documents and correspondence to his earlier advocate who did not give the reference of the said correspondence in the plaint and therefore Ch/s No.254/2020 was filed. The correspondence regarding the structure repairing was also made on 26.11.2018. The report dt. 25.7.217 issued by Dr. K. M. Bhajoriya challenged by the plaintiff. The TAC report dt. 29.01.2019 is without considering various aspects and without carrying out essential test and the TAC themselves have not carried out the test in thir presence in view of conflict report. On 23.10.2019 all the objections send through letter in the office of the Chairman, TAC and ward office N Ward.  The report of tenants structural auditor namely CSR Consultant and Associates dt. 13.07.2019 which classifies suit building as “C2A”.
          On 13.07.2019 tenants have submitted letter dt.13.11.2019 to Deputy Municipal Commissioner with willingness to carry out necessary repairs in the building under the supervision of registered structural engineer. Accordingly on 26.11.2019 letter sent to Deputy Chief Engineer (BP) ES, Vikhroli. The TAC order dt. 11.07.2020 is without following guideline by Hon\''ble High Court. The TAC report dt. 10.06.2020 is illegal.
          On the other side deft no.1 & 2 i.e deft/Corporation strongly opposed the present Ch/s. On the grounds of sole intension of delaying the present proceeding at the instance of plaintiff. Deft no.3 & 4 submitted that in the Ch/s by way of amendment are allowed, whole cause of action of the Suit will change and therefore, the reliefs prayed in the Ch/s to joint TAC as a party and challenging its report by amendment cannot be granted.
          Heard both sides.
          Perused Chamber Summons / reply by all defendants and rejoinder. The plaintiff wants to incorporate the serious laps on the part of technical Advisor Committee which is appointed in view of the guildline issued by Hon\''ble High Court in WP 1135/14. The allegations regarding non carrying required mandatory test while doing inspection by TAC at the place of the Suit premises, are serious to the point of view in relation of guildline issued by our Hon\''ble High Court. The schedule to the Ch/s nowhere transpires that if the amendment is allowed it would change character and nature of suit. I would like to place reliance on “2003 (1) MHLJ 233, Krishnaji Shankar Moghe Vs. Sitaram Gangadhar Shende, dated- 06th June, 2002 as follows :-
	“It is well settled that a party to the Civil Proceedings if desirous of taking advantage of the events which have occurred subsequent to the filing of the proceedings, then the party is not forbidden from doing so, provided that the party has to bring on record those facts by way of amendment of the pleadings and thereafter establish the same by leading necessary evidence in support of such pleadings. But, in the absence of such facts being incorporated in the pleading, the party cannot derive any benefit from such facts nor any evidence in that regard can be produced on record or looked into. This position in law is well settled in view of the decision by the Apex Court in Om Prakash Gupta V. Rambir B. Goyal reported in 2002 AIR SCW 278. It has been held that the party relying on the subsequent event, which consists of facts beyond pale of controversy either as to their existence or in their impact, is expected to have resort to amendment of pleadings under Order 6, rule 17 of the Civil Procedure Code.”
          Thus, the party has to bring on record the facts regarding the subsequent events by way of amendment of the pleadings and party has to establish their evidence accordingly. Where, the defendant would get right opportunity to lead evidence and object plaintiffs evidence on merit. Therefore, there is no question of diligency at the instance of plaintiff. There are certain subsequent events needs to be incorporated in the body of plaint to decide controversial issues on merit. The party did not raise the relevant facts before the commencement of the trail. The purpose of Order 6, Rule 17 of Code of Civil Procedure, 1908 is to promote ends of justice and not to defeat the law. Hence, I am inclined to pass following order :
ORDER
1.  	Chamber summons Nos. 1444 of 2019 and 251/2021 are
          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 Nos.1444 of 2019 and 251/2021 are
          disposed off accordingly.
Earlier order, if any, to continue till next date.
Matter adjd to 08/06/2021 for compliance/NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Business: (Matter pertains to C.R.No.8)
Adv. Anita Sarfare h/f. Plaintiff in person is present.
Adv. Ms. Divya Vishwanath h/f. Adv. Mr. Som Sinha for Defendant Nos. 1 and 2/MCGM is present.
Adv. Ms. Priyansha Pawar h/f. Adv. Mr. Arun Mehta for Defendant Nos. 3 and 4 is present.
Adv. For Plaintiff tendered  application for extension of time to carry out amendment as per order passed on 01/04/2021 below Ch/s. No. 1443/2019. The said application is t.o.r. and marked as Exh.5.
Heard both sides on Exh.5.
Order on Exh. 5.
Two week\''s time is  granted to the Plaintiff to carry out amendment as per order passed on 01/04/2021 below Ch/s. No. 1444/2019, 254/2020 and 87/2021.
Earlier order, if any, to continue till next date.
Matter is adjd to 29/06/2021 for compliance/ NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: Adv. Negi for Plaintiff is present.
Counsel Adv. Som Sinha along with Adv. Mrs. Smita Chavan for Defendant No. 1 and 2/MCGM is present.
Adv. Ms. Pawar for Defendant No. 3 and 4 is present.
Earlier order, if any, to continue till next date.
Matter is adjd. to 06/07/2021 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: Plaintiff in person present. He has filed on record amendment copy of plaint. TOR.
Adv Arun Mehta for defendant no.3 and 4 present.
Adv Som Sinha with Adv Smita Chavan for defendant no.1 and 2 / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 17/08/2021 for ad-interim hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: CORAM  H.H.J. D. D. ALMALE, (C.R.NO.06)
(Matter pertains to C.R. No. 08)
Adv. Gavkar for plaintiff present.
None for defendant No.1 and 2/MCGM.
Adv. Arun Mehta for defendant no. 3 and 4 present.
Earlier order, if any, to continue till next date.
Adjd. To 07/09/2021 for Ad-interim Hearing.
                                                                                 In-charge Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Adv. Namita  Shirke for plaintiff present.
Adv Som Singh with Adv Smita Chavan for defendant nos.1 and 2 / MCGM present.
Adv Arun Mehta for defendant nos.3 and 4 present.
Earlier order, if any, to continue till next date.
Adjd. To 23/09/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Adv. Namita Shirke for plaintiff present and has given say on NM NO.3055/2019 itself.
Adv Mrs Rawade for defendant nos.1 and 2/ MCGM present.
Adv Arun Mehta for defendant nos.3 and 4 present.
Heard both sides on NM NO.3055/19.
Earlier order, if any, to continue till next date.
Adjd. To 30/09/2021 for order on NM NO.3055/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Adv Miss Namita Shirke h/f Mr Thakkar for plaintiff present.
Adv Som Sinha with Adv Mrs Rawade for defendant nos.1 and 2/ MCGM present.
Adv Sonika Mehta h/f Adv Arun Mehta for defendant nos.3 and 4 present.
F.R.S.R. Following order is passed on NM NO.3054/2019
ORDER
1. Prayer clause (a) in terms of Notice of Motion NO.3055/2019 is made absolute subject to cost of Rs.2000/-.
2. Defendant nos.3 and 4 directed to deposit the cost of Rs.2000/- in D.L.S.A. officer Mumbai, within 15 days from today.
3. Notice of Motion No.3055/2019 is disposed off accordingly.
Earlier order, if any, to continue till next date.
Adjd. To 14/10/2021 for compliance / NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: As Court is busy in urgent ad-interim hearing and orders on ad-interim reliefs of CR NO.08 and 11, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. To 18/11/2021 for compliance / NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Adv. Shrivastava for plaintiff present.
Adv Som Sinha with Adv Mrs Rawade for defendant nos.1 and 2/ MCGM present.
Adv Arun Mehta for defendant nos.3 and 4 present.
By consent, matter is adjd. till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 16/12/2021 for NM hearing at12.30 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Adv. Renuka Negi h/f Adv Thakkar for plaintiff present.
Adv Som Sinha with Adv Mrs Rawade for defendant nos.1 and 2/ MCGM present.
Adv Arun Mehta for defendant nos.3 and 4 present.
Due to paucity of time, matter is adjd. till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 04/01/2022 for NM hearing at 11.30 a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: AT 11.30 A.M.
Plaintiff in person absent.
Adv Som Sinha with Adv Mr Khandagale h/f Adv Rawade for defendant nos.1 and 2/ MCGM present.
Adv Arun Mehta for defendant nos.3 and 4 present.
K.B.
L.O. at 12.25 p.m.
Plaintiff in person absent.
Adv Som Sinha with Adv Mr Khandagale h/f Adv Rawade for defendant nos.1 and 2/ MCGM present.
Adv Arun Mehta for defendant nos.3 and 4 present.
Earlier order, if any, to continue till next date.
Adjd. To 17/01/2022 at 2.45 p.m. for NM hearing.
L.O. at 1.00 p.m.
Adv Miss Renuka Negi, Representative of plaintiff in person present.
Already adjd. To 17/01/2022 for NM hearing (afternoon session)
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2022

Date: 17-01-2022
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.
Earlier order, if any, to continue till next date.
Matter is adjd to 03/02/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: Adv. Jawahar Thakkar for plaintiff in person present and filed an application for withdrawal of suit, t.o.r. and marked as Exh.9.
Adv. Som Sinha with Adv. Rawade for defendant Nos.1 and 2
Adv. Arun Mehta for defendant Nos.3 and 4 / MCGM present.
	Today plaintiff Mr. Jawahar Thakkar in person present. The plaintiff has filed an application for withdrawal of  suit. The plaintiff admitted his signature and contents of the withdrawal application. The plaintiff is withdrawing the suit unconditionally therefore, the advocate for the defendant Nos.1 to 2 / MCGM and advocate for defendant Nos.4 and 5 also have no objection for withdrawal of suit. Hence, plaintiff is permitted to withdraw the suit. Considering this, I pass the following order
ORDER
1. The  Suit of the plaintiff is disposed of as withdrawn.
2. Suit No.939 of 2019 is disposed of accordingly.
3. Proceeding is closed and all pending applications such as Notice of Motion, Chamber Summons are disposed of accordingly.
4. If there is an earlier order if any stands vacated.
Nature Of Disposal: WITHDRAWL
Disposal Date: 03-02-2022

NOTICE OF MOTION/103708/2019
NOTICE OF MOTION/103055/2019
CHAMBER SUMMONS/100251/2021
CHAMBER SUMMONS/101056/2019
CHAMBER SUMMONS/101443/2019

Registration Number: 100939/2019
Transfer Date: 05-04-2019
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100939/2019
Transfer Date: 11-04-2019
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 102425/2019
Filing Date: 26-02-2019
First Hearing Date: 05th April 2019
Decision Date: 03rd February 2022
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE