Abdul Rahiman MohdVsMCGM

Date: 28-02-2019
Business: Advocate Mr. S. K. Dubey for Plaintiff present and filed draft Notice of Motion along with affidavit in support. Leave granted.
Advocate Ms. Mhatre h/f Adv. Hajare for BMC/Deft present.
Heard advocate Mr. Dubey for Plaintiff.  Perused documents annexed to Plaint.  Disputed notice dated 11/02/2019 as argued by advocate Mr. Dubey is served along with speaking order dated 23/02/2019 on Plaintiff.  It is argued that prior to passing speaking order disputed notice was not served upon Plaintiff hence, Plaintiff could not file the reply.  Today, no BMC officer is present before the Court or any document are filed on record to show that when disputed notice dated 11/02/2019 was served upon Plaintiff.  Further, disputed notice is issued in respect of unit no.1 from first floor of Mehra Industrial Estate and Plaintiff is claiming to be the owner of unit nos.109 and 111 of Mehra Industrial Estate.  It is argued that as notice in respect of Unit no.1 is served upon Plaintiff, there is apprehension in the mind of Plaintiff that under the guise of said notice BMC officers may take action against unit no.109, hence Plaintiff has filed this suit.
BMC advocate Ms. Mhatre submitted that, BJMC officers are unable to attend the Court today due to election duty.  She has submitted that, disputed notice is not issued in respect of unit no.109 and Plaintiff has not filed any permission on record to show that the disputed rooms are authorized one, hence Plaintiff is not entitled to ad-interim relief.

I have given serious consideration to the arguments advanced at bar.  On perusal of disputed notice I find that Plaintiff\''s apprehension is well found because even though disputed notice is issued in respect of Unit no.1 of Mehra Industrial Estate, BMC officers may enforce it against Unit no.109 on the ground that it is served upon Plaintiff and if such a drastic action will be taken by BMC officers, it may caused irreparable loss to the Plaintiff, hence ad-interim relief in terms of prayer clause (a) of draft NM is granted.  It is made clear that Court will consider the fact of date of service of disputed notice upon Plaintiff and court will consider other merits of the matter after filing detailed reply by BMC.
Case is adjourned to 28/03/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Business: Court is busy in dictating Judgment in suit no.2117/07, hence case is adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-07-2019

Date: 10-07-2019
Business: As Court is busy in NM hearing in Suit no. 1127/17 to 1130/17, suit no. 436/15, Suit no. 660/19. The board is discharged.
Earlier order to continue till next date.
The case is adjourned to 16.09.2019   for  NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: As Court is busy in hearing NM in suit No. 1759/13, 2057/19 and also in dictating orders the case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 19.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Advocate  Mukesh Dubey for plaintiff present and sought extension of time to serve the writ of summons. Time is extended.
Advocate Ms.Mhatre for defendant/MCGM present and sought time to file reply. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 09.12.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Adv. Mr. Mukesh Dubey for Plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 17.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. Mr. Mukesh Dubey for plaintiff, submitted registered  NM 953/2019.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd. to file reply.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 13.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: None for Plaintiff present.
Adv. Tondwalkar h/r Mrs. Mhatre for deft./MCGM present, prayed for time to file reply.
Earlier order, if any, to continue till next date.
Matter is adjd. to 22.02.2021 for n/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Adv. Mr. Dubey for plaintiff is present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjourned for NM reply to 31.04.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Business: Due to surge in Covid-19, matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: Due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 20.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey  for plaintiff present.
Adv. Mr. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 13.12.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: Adv. Mr. V. K. Dubey for plaintiff present.
Adv. Mr. Khandagale for Defendant/MCGM present.
On oral request adv for the defendant matter is adjourned.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 11/02/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Matter pertain to CR. No.11.
Adv. Mukesh Dubey for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
In view of office order no. 07/2022 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 the next date.
Adjourned for NM reply to 08.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 29.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 30.09.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: Adv. Mukesh Dueby for the plaintiff is present.
Adv. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 12.12.2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 15.02.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present and requested for time to file NM reply. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 31.03.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: Matter pertains to C.R.No.11.
Adv. Mukesh Dubey for the plaintiff is present.
Adv. Mrs. Mhatre h/f Mr. Giri for defendant/MCGM is present.
Earlier Order, if any, to continue till the next date.
Adjourned for 09.06.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: Adv. Mukesh Dubey for the plaintiff is present.
Adv. Mr. G. O. Giri for defendant/MCGM is present and orally requested for time to NM reply and WS. Time is granted.
Adjourned for NM reply and WS to 23.08.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2023

Date: 23-08-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 19.10.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: None present for the plaintiff.
Adv. Mr. Khandagale h/f Adv. Mr. Giri for defendant/MCGM is present and requested time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 08.12.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2023

Date: 08-12-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 05.02.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 15.04.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2024

Date: 15-04-2024
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 08-07-2024.                          Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2024

Date: 08-07-2024
Business: None present for the plaintiff.
Adv. Mr. Arvind Rathod for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for reply/WS to 13.09.2024.
Next Purpose: REPLY
Next Hearing Date: 13-09-2024

Date: 13-09-2024
Business: Adv. Mr. Mukesh Dubey present for the plaintiff.
Adv. Mr. V.G. Shinde for defendant/ MCGM is present and sought time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 20-11-2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2024

Date: 20-11-2024
Business: As per Office Order No. 273/2024, dtd. 14.11.2024, declared holiday on account of Polling Day of General Election of State Legislative Assembly of Maharashtra. Earlier order, if any, to continue till next date.  Hence, Matter is adjourned to 04.01.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-01-2025

Date: 04-01-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. Botlawar for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted lastly.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 01.03.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2025

Date: 01-03-2025
Business: Adv. Mr. Mueskh Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and sought time to file NM reply/WS. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 16.04.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2025

Date: 16-04-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and sought time to file NM reply/WS. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 30.06.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2025

Date: 20-06-2025
Business: By Praecipe matter is taken on today's board.
Exhibit 1- Plaint.
Exhibit 2- V/P.
Exhibit 3- Memorandum of registered address.
Exhibit 4- List of documents.
Adv. Mr. Mukesh Dubey for the plaintiff is present and tendered draft NM and draft Ch/s. along-with affidavit. O- Leave is granted to register draft NM and Ch/s.  till the next date. He file writ of summons. Taken on record. It is marked as Exhibit 5. O- Filed.
Adv. Mr. Botlawar for defendant/MCGM is present and filed affidavit NM reply and documents. Taken on record. O- Filed. He endorsed say on draft Ch/s.. Earlier order, if any, to continue till next date.
Adjourned for Ch/s. Order to 30.06.2025.
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-06-2025

Date: 30-06-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and tendered registered Ch/s. 1482/2025 along-with affidavit.
Adv. Mr. Botlawar for defendant/BMC is present.
F.R.S.R. Following Order is passed in Ch/s. No. 1482/2025.
-: O R D E R :-
(i)	Chamber Summons No.1482 of 2025 is made absolute as 	per the schedule annexed alongwith the CS.
(ii)	Plaintiff to carry out amendment as per the schedule within 	stipulated time.
(iii)	Chamber Summons is, accordingly,  disposed of.
Earlier order, if any, to continue till next date.
Adjourned for compliance to 20.08.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2025

Date: 20-08-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and sought time to carry out amendment on account of ill heath of his wife. Time is granted. Adv. Mr. Botlawar for defendant/BMC is present. Earlier order, if any, to continue till next date.
Adjourned for compliance to 24.09.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-09-2025

Date: 24-09-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and sought extension of time for compliance of amendment. Time is extended till the next date. Adv. Mr. V.G. Shinde for defendant/BMC is present. Earlier order, if any, to continue till next date.
Adjourned for compliance to 31.10.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-10-2025

Date: 31-10-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and filed copy of amended plaint. Taken on record. It is marked as Exhibit 1-A. O- Filed. Copy is supplied to the other side. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present and submitted that NM reply and WS be treated as additional WS. The advocate for plaintiff sought time to file rejoinder. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM rejoinder to 08.12.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2025

Date: 08-12-2025
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and seeks time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 04.02.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2026

Date: 04-02-2026
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and seeks time to file WS. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 01.04.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2026

Date: 01-04-2026
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and sought time to file rejoinder. Time is granted. Adv. Mr. Botlawar for defendant/ BMC is present. Earlier order, if any, to continue till next date.
Adjourned for rejoinder to 10.06.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2026

Date: 10-06-2026
Business: Adv. Mr. Mukeh Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and seeks time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 10.08.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2026

Date: 10-08-2026
Business: Matter pertains to C. R. No. 11
Adv. Mr. Mukeh Dubey for the plaintiff is present.
Adv. Ms. Bhumeshwari Bisen present for defendant/BMC.
Earlier order, if any, to continue till next date.
Adjourned for NM reply to 16.10.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2026

CHAMBER SUMMONS/101482/2025
NOTICE OF MOTION/100953/2019

Filing Number: 102463/2019
Filing Date: 27-02-2019
First Hearing Date: 28th February 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE