Mrs Hemalata Narendra ThakkarVsMCGM +1 more

Date: 26-03-2018
Business: Adv.Mr.Sherekar for Plff.present.
Adv.Mr.Giri for BMC/Deft present.
Adv.for BMC tendered original Contempt N/m No.592/18 t.o.r.
Adv.Mr.Ashutosh Shukla for applicant present.
Time is extended to register Ch/s.
Adjd.for N/m reply on 18.07.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-07-2018

Date: 18-07-2018
Business: Adv. Mr. Hardik Desai for Plaintiff present.
Adv. Mr. Giri for defendant / BMC present.
Adv. Mr. Ashutosh Shukla for applicant present.
Applicant to register Ch/s.
Adjd. to 08.08.2018 for N/m hearing/ Ch/s reply.
L.O.
Adv. Mr. Abhiraj Sharma for plff present and filed application for
continuation of earlier order. T.O.R. and marked as Exh.10.  Adv giri
for deft corporation filed say and strongly objected the present application.  It is submitted that the reply is filed to N/m on 21.07.2017.  Thereafter, the  matter is delayed moreover the deft. Corporation also filed contempt petition for change in suit structure.  Therefore, Adv. Giri prayed to reject the application filed by the plff.  I have gone through the roznama there is no continuation of earlier order from 26.03.2018.  The interim protection was given to the plff directing the deft. corporation not to take coercive action against plff.  It is not the case of defendant that when interim protection was not available the action is taken by the corporation.  Therefore, earlier order to continue till next date.  The plff is directed to proceed with the hearing of N/m on next date without fail.
Adjd. to 08.08.2018 for N/m hearing/ Ch/s reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2018

Date: 08-08-2018
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 19-09-2018

Date: 19-09-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2018

Date: 16-11-2018
Business: Adv Ms.Chaurasiya for plff present.
Adv Mhatre for BMC/deft. present.
Adv Ashish Shukla for applicant present.
Adv for plff filed an adjournment application. It is TOR and marked as Exh.11.
Order - Granted.
Earlier order, if any, to continue till next date.
Adjd to 7/01/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2019

Date: 07-01-2019
Business: CORAM - H.H.ADDL.JUDGE SHRI.K.P.NANDEDKAR
(C.R.NO.11)
(In-charge Court of C.R.No.8)
Adv Ms.Chaurasiya forplff present.
Adv Mrs.Bhoir for BMC/deft. present.
Adv Hardik Desai for applicant present.
Earlier order to continue till next date.
Adjd to 25/02/2019 for ch/sum /NM hearing
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2019

Date: 25-02-2019
Business: Adv Mohit Jadhav for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Reply on ch/sum no.1401/18 filed by plff.
Earlier order, if any, to continue till next date.
Adjd to 5/04/2019 for ch/sum and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: Adv. Ms. Chaurasiya for Plff present.
Adv. Mrs. Bhoir for MCGM/deft. present.
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.
Earlier order, if any, to continue till next date.
Adjd to 26/6/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: Adv. Mohit Jadhav for plaintiff present.
Adv. Khandagle h/f Adv. Ms. Patil for MCGM/Deft. present.
In view of letter dtd. 09.04.2019 of Hon\''ble Principle Judge, City Civil and Sessions Court matter is again transferred to C. R. no. 8.
Court busy in hearing NM arguments in Suit No. 3214/14 and ad-interim hearing in St. No. 6875/19.
Earlier order, if any, to continue till next date.
Adjd to 01.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: Adv. Mohit Jadhav for plaintiff present.
Adv. Pathak for applicant present.
Adv. Ms. Patil for MCGM/Defendant present.
On oral request of ld adv for applicant, adjournment granted.
Adjd to 13.09.2019 for Ch/s/NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Adv. Mrs. Chaurasiya for plaintiff present.
Adv. Pathak for applicant present.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
On oral request of Ld. Adv. for plaintiff, adjournment is granted.
Earlier order, if any, to continue till next date.  .
Adjd. to 14/11/2019 for Ch/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Adv. Ms. Chaurasia for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
On oral request of advocate for plaintiff, time is granted for amendment.
Earlier order, if any, to continue till next date.
Adjd to 27/02/2020  for plaintiff compliance( as last chance).
Next Purpose: COMPLIANCE
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adv.Ms.Choursiya for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant No.1 present.
Adv. P.K.Tiwari for defendant No.2 present.
Copy of amended plaint received by defendants.
Earlier order, if any, to continue till next date.
Matter adjd to 23.04.2020 for NM reply of defendant No.2.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: National lock down - 4
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2020

Date: 22-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: None for plaintiff.
Adv. Khandagle h/f Adv. Ms. Smita Chavan for deft no.1/MCGM present.
Adv. Pathak h/f Adv. Ashutosh Shukla for deft no.2 present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 02/03/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 15/04/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: As per circular No.79/2021 dt. 12.04.2021 declared holiday on 15.04.2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Adv Kajal Chaurasiya h/f Adv Sherekar for plaintiff present and requests for time to file reply to NM. Time is granted till next date.
Adv Mrs Rawade for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 14/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
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 14/12/2021 for  NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Adv Gayatri Kumar h/f Adv Sherekar for plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM present.
Adv Inayat Shaikh for defendant no.2 present.
Today matter is fixed for NM reply. Today both plaintiff and defendant no.2 failed to file reply to their respective NM.
Earlier order, if any, to continue till next date.
Adjd. To 08/03/2022 for filing reply to NM NO.1483/2017 by defendant no.2 and filing reply to Contempt NM NO.592/2018 by plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: Adv Gayatri kumar h/f Adv Sherekar for plaintiff present.
Adv Mrs Smita Chavan h/f Adv Rawade for defendant no.1 / MCGM present.
None for defendant no.2.
Earlier order, if any, to continue till next date.
Adjd. To 21/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: Adv Chaurasiya h/f Adv Sherekar for plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adv Tiwari for defendant no.2  present.
Earlier order, if any, to continue till next date.
Adjd. To 26/07/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: CORAM - H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. Megha Shigvan h.f. Adv. M.R. Sherekar for plaintiff present.
None for Defendant No.1/MCGM, N/Ward.
Adv. Inayat Shaikh for Defendant No.2 present.
Earlier order, if any, to continue till next date.
Adjd. to 25/08/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Megha Shigvan h/f Adv. M.R. Sherekar for plaintiff present. Adv. Mrs. Rawade for defendant No. 1/ BMC is present.
Adv. Tiwari for Defendant No.2 present.
Earlier order, if any, to continue till next date.
Adjd. to 15/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: Adv. Gayatrikumar for plaintiff present.
Adv. Mrs. Tondwalkar h/f Adv. Adv. Mrs. Rawade for defendant No.1/ BMC is present.
Adv. Ashutosh Shukla for deft. No.2 present and submitted that there is chance of settlement. Hence, matter be kept in Lok-Adalat.
Matter is referred to National Lok-Adalat will be held on 12/11/2022.
Both parties are directed to remain present before National Lok-Adalat on 12/11/2022 at 10.30 a.m.
Earlier order, if any, to continue till next date.
Adjd. to 12/11/2022 for Lok- Adalat
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022

Date: 12-11-2022
Business: NATIONAL LOK ADALAT HELD ON 12.11.2022 (PANEL-VII)
Matter pertains to CR No.04
None present for plaintiff
Adv. Inayat Shaikh for defendant No. 2 present.
Adv Kumavat for defendant/BMC  present.
Settlement not arrived at.
Matter posted before regular Court.
Matter is adjd to 16.12.2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Court is busy in urgent hearing, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 01/02/2023 for N/M reply.
L.O.
Adv. Ashutosh Shukla for applicant present and tendered draft Ch/S, TOR. Leave is granted to register the same, returnable on next date. Copy be supplied to other side.
Already adjd. to 01/02/2023 for service and reply to draft Ch/S.
Next Purpose: C/S REPLY
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: Adv. Chaurasiya h/f Adv. Sherekar for plaintiff present and has given say on draft Ch/S on overleaf.
Adv. Mrs. Chavan h/f Adv. Mrs. Rawade for defendant No.1/ BMC is present.
Adv. Ashutosh Shukla for defendant No.2 present.
Defendant No.2 is directed to register the Ch/S till next date.
Heard both sides on draft Ch/S.
Earlier order, if any, to continue till next date.
Adjd. to 09/02/2023 for Ch/S order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: Adv. Gayatrikumar h.f. Adv. Sherekar for plaintiff present.
Adv Mrs Smita Chavan for defendant no.1 / MCGM present.
Adv. Inayat Shaikh for defendant no.2 present and tendered original CS No. 275/2023, t.o.r.
Due to paucity of time, matter adjourned.
Earlier order, if any, to continue till next date.
Adjd. to 02/03/2023 for CS order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: Adv. Shubham Shinde h/f Adv. Sherekar for plaintiff present.
Adv. Mrs. Mhatre for defendant No.1/ BMC is present.
Defendant No.2 present.
Following order is passed on Ch/S No.275/2023-
O R D E R
       Defendant No.2 taken out this Ch/S for deletion of his name. The plaintiff has given no objection for deletion of name of the defendant No.2. Suit is to challenge notice u/S 351 of MMC Act as such BMC to the necessary party. Hence, considering the facts of the case, I pass following order-
O R D E R
1.     Ch/S No.275/2023 is allowed.
2.     Plaintiff to carry out amendment till next date.
Earlier order, if any, to continue till next date.
Adjd. to 06/04/2023 for compliance and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2023

Date: 06-04-2023
Business: Adv. Chaurasiya h/f Adv. Sherekar for plaintiff is present and requested for time to carry out the amendment as per order dated 02.03.2023, hence time granted.
Adv. Ms. Mhatre for defendant no. 1/ BMC is present.
None for defendant no.2.
Earlier order, if any, to continue till next date.
Adjd. to 27.04.2023 for Compliance and NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: Adv. Shubham Shinde h.f. Adv. Sherekar for plaintiff present and requested for time to argue on NM.
Adv. Mhatre for defendant no.1 / BMC is present and submitted that time be granted as a last chance. Hence time granted as a last chance.
None for defendant no.2.
Earlier order, if any, to continue till next date.
Adjd. to 13.07.2023 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: Advocate Shubham Shinde h/f Sherekar for plaintiff present
Advocate Mhatre for defendant/BMC present.
Keep back
L.O.
Adv. Kajal for plaintiff present and submitted that Adv. Jadhav  will be argued on NM on next date. Hence requested for time. Time is granted as one more last chance.
Earlier order, if any,to continue till next date.
Adjd to 03.08.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2023

Date: 03-08-2023
Business: C.A. Pakash Pilke of plaintiff present and submitted that he is going to change his advocate. Time is granted as a last chance.
C.A. of plaintiff tendered copy of POA. TOR
Advocate Shubham Shinde h/f Sherekar for plaintiff present and submitted that C.A of the plaintiff present and he want to change his advocate.
Advocate Mhatre for defendant No.1/BMC present.
None present for def No. 2
Earlier order, if any, to continue till next date.
Adjd to 05.09.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2023

Date: 05-09-2023
Business: CORAM H.H.J. SHRI. A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
Adv. Ms. Deepanjali i/b Adv. Manish Upadhyay for plaintiff present and submittted that Adv. Upadhyay will be filed vakalatnama on next day.
Adv. Mr. Mhatre for defendant No. 1 /BMC present.
None for Defendant No. 2.
Earlier order, if any, to continue till next date
Adjd. to 12/10/2023 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: None present for plaintiff.
None present for D-2
Advocate Mhatre for defendant/BMC present.
None present for plaintiff. Suit is of year 2017. hence kept for dismissal of NM
Adjd  to  21.10.2023   for NM Dismissal
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: C.A. of plaintiff present.
Adv. Mrs. Mhatre for D/1-BMC present
None for D/2.
Constituted Attorney of the plaintiff present and submitted that adv. is out of Mumbai and requested time to argue N/M and further seeks time to file reply to N/M. No. 598/2018. Considering request adjourned as a last chance
Earlier order, if any, to continue till next date.
Adjd. to 5/12/2023  for NM Dismissal
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: C.A. of plaintiff present and tendered written argument in NM. TOR and marked as Exh. 12
Adv for plaintiff absent.
Advocate Mhatre for defendant No. 1/BMC present.
None present for deft No. 2.
Order on Contempt Notice of Motion No. 592/2018
NM No. 592/2018 has been taken out under order 39 Rule 2A of CPC for breach of the order dated 10.04.2017 passed by the Court in NM for temporary injunction under order 39 Rule 1 Civil procedure Code. Hon’ble Bombay High Court in matter Rampyaribai. Sukhdeo Dagha V/s Neeladevi Narayandas Jakhotiya and others held that an application under order 39 Rule 2 A of civil Procedure Code should be separately registered as miscellaneous application. Therefore office is directed to register contempt petition as miscellaneous application.
Later on 5.10 p.m
Adv for deft/BMC seeks time to argue NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd  to  14.12.2023   for defendant argument in NM No. 1483/17
Nature Of Disposal: OTHER
Disposal Date: 05-12-2023

Main Case No: SUIT/0100873/2017
Main Cnr: MHCC010036762017
Main Filing No: 111447

Registration Number: 100592/2018
Transfer Date: 05-04-2019
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100592/2018
Transfer Date: 11-04-2019
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Registration Number: 100592/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 102370/2018
Filing Date: 13-02-2018
First Hearing Date: 26th March 2018
Decision Date: 05th December 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE