M/s. City Estate Developers LtdVsMCGM

Date: 06-06-2018
Business: Plaintiff present.
Adv Manoj Sonawane h/f adv Tiwari for the plaintiff present.
Adv Tondwalkar for the def/BMC present.
At the request of def/BMC matter adjourned to 04.07.2018  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2018

Date: 04-07-2018
Business: Adv Sonawane h/f Adv. Tiwari for plaintiff present.
He filed original Nm No. 806/18 @ Affidavit. TOR.
Adv. Ms. Tondwalkar for Deft/BMC present.
Earlier order to continue till next date.
Adjourned to 12/09/2018 for Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-07-2018

Date: 21-07-2018
Business: By precipe
Adv Subhash Yadav filed his vakalatnama and tendered draft ch/sum to implead applicant as def in the present suit.
Leave is granted.
Already adjourned to 12.09.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-09-2018

Date: 12-09-2018
Business: Advocate Mr. Manoj Sonavne for Plaintiff present.
Advocate Ms. Tondvalkar for BMC/Deft. Present and submitted that she will file reply to Notice of Motion on next date.
Intervenar Subhash Yadav and his advocate absent.
Copy of Chamber Summons served upon Plaintiff.
Earlier order to continue till next date.
Case is adjourned to 03/10/2018 for reply/hearing of Chamber Summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2018

Date: 03-10-2018
Business: Advocate for Plaintiff
Advocate for BMC/Deft present.
Earlier order to continue till next date.
Court is busy in R/E in suit no.975/08 and dictating order in suit no.1866/10 and other matters, hence board is discharged and matter is adjourned to 24/10/2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-10-2018

Date: 24-10-2018
Business: Court is on leave. Hence today board is discharged
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-11-2018

Date: 14-11-2018
Business: Court is busy in hearing and dictating order in urgent applications, hence board is discharged and case is adjourned to 12/12/2018.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-12-2018

Date: 14-11-2018
Business: Court is busy in hearing and dictating order in urgent applications, hence board is discharged and case is adjourned to 12/12/2018.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-12-2018

Date: 12-12-2018
Business: Court is busy in hearing and dictating order on Chamber Summons in suit no.493/16 and court has to hear urgent matters, hence case is adjourned to 14/01/2019.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2019

Date: 14-01-2019
Business: Advocate Ms. Kiran Mishra for Plaintiff present.
Advocate Ms. Tondwalkar for BMC/Deft present.
K.B.
L.O.
Court is busy in hearing urgent matters, hence case is adjourned to 28/01/2019 for hearing of Notice of Motion.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2019

Date: 28-01-2019
Business: Advocate Ms.Chetna Agrawal h/f Adv. Tiwari for Plaintiff present and submitted that, advocate Mr. Tiwari is held up in  Hon\\\''ble High Court, hence matter may be adjourned.  Considering submissions adjourned.
Advocate Ms. Tondwalkar for BMC/Deft present.
Earlier order to continue till next date.
Case is adjourned to 13/02/2019 for CHS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-02-2019

Date: 13-02-2019
Business: Advocate Mr. Sonavne h/f Adv. Y. K. Tiwari for Plaintiff present and requested to keep matter back.
Advocate Ms. Tondwalkar for BMC/Deft present and filed list of documents (Exh.5), t.o.r.
K.B.
L.O.
Court is busy in hearing Chamber Summons in suit no.825/18 and Court has to hear urgent matters, hence case is adjourned to 06/03/2019.
Earlier order to continue till next date.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-03-2019

Date: 06-03-2019
Business: Court is busy in dictating order on Notice of Motion in suit no.2563/2018 and court has to hear urgent matters, hence case is adjourned to 05/04/2019.
Earlier order to continue till next date.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: Adv. Sonawane h/f Adv. Tiwari for plaintiff present.
Adv. Ms. Tondwalkar for MCGM/Deft present.
Proceeding indicates that a draft CS was tendered by
Adv. Subhash Yadav on 21/07/2018. The endorsement on roznama dt.21/07/2018 reveals that Adv. Yadav has received the draft CS on 01/08/2018 for its registration. However till date the registered CS is not tendered in the court though on board it is shown as registered CS No. 1423/18. In view of this, if the applicant in CS No. 1423/18 fails to tender it in the court on or before next date it will stand disposed of automatically without further reference to the Court.
Adjd to 10/06/2019 for NM hearing.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2019

Date: 10-06-2019
Business: Adv. Raju Pankar i/b adv. K.P.Tiwari and Co. for plaintiff present.
Advocate Ms.Chavan for defendant/MCGM present.
None for applicant.
In view of order recorded in roznama dated 05.04.2019, the chamber summons  no. 1423/18 is dismissed for want of prosecution as it is not tendered in the Court as directed.
Earlier order to continue till next date.
The case is adjourned to 14.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: Advocate Ms.Kiran Mishra h/f adv. K.P.Tiwari  for plaintiff present.
Advocate Giri h/f adv. Ms. Chavan for defendant/MCGM present.
KB at the request of adv. for plaintiff.
LO at 5.00 pm,
Adv. K.P.Tiwari  for plaintiff present.
Advocate Giri h/f adv. Ms. Chavan for defendant/MCGM present and submitted that adv. Ms.Chavan is not available.
Earlier order to continue till next date.
The case is adjourned to 18.09.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: Advocate Pankar h/f adv. K.P.Tiwari for plaintiff present and sought time. Time is granted as last opportunity.
Advocate Ms. Chavan for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 23.10.2019  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Business: Adv. Devendra h/f adv. Tiwari for plaintiff present and sought time. Time is granted.
Advocate Ms. Chavan for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 09.12.2019 for NM hearing..
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Adv. Ms. Kiran Mishra h/f adv. Tiwari for plff., prayed for adjd. that her senior adv. Tiwari is busy in arbitration.
Adv. Mrs. Chavhan for deft./MCGM present.
Next date 13.01.2020 granted as prayed.
Earlier order to continue till next date.
Matter is adjd. for NM hearing on 13.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: Adv. Ms. Kiran Mishra for plff., prayed for adjd as adv. Tiwari is busy before Dindoshi Court.  Similar was the ground on last date. adjournment is granted as last chance, in default to argue on next date, EOC will be vacated, without any specific order.
Adv. Mrs. Chavhan for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing on 24.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Adv. Mr. K.P. Tiwari for plff., prayed for adjd. to verify whether NM is registered or not.
Adv. Mrs. Chavhan for deft./MCGM present.
On perusal of roznama leave was granted in February,2018, however, NM is not registered or not tendered before the court for 2 years.
Plff. to take proper steps.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing on 02.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. Yadav for plff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd. for NM hearing on 15.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: Adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2020

Date: 06-08-2020
Business: Adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2020

Date: 23-10-2020
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. Tondwalkar for deft./MCGM present.
Despite specific intimation in roznama dtd. 24-02-2020 pff is failed to tender regd. NM. In default tender NM and argue the matter, EOC may be vacated on next date.
Earlier order, if any, to continue till next date.
Matter is adjd.to 11-02-2021 for NM Hearing
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present.
Inspite of the direction plaintiff failed to produce the NM.
Matter is adjourned for NM hearing to 08.04.21.
                                                                               Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present
Due to Covid-19 board is discharged.
Matter is adjourned for N/M hearing to 13/7/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Court is Vacant. Matter is Adj.to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: None present for Plaintiff.
Adv. Ms. Mhatre for Defendant/MCGM present.
Matter adjd for NM hearing to 20/01/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: None present for plaintiff.
Adv. Mr. Mhatre for defendant No. 2/MCGM is present.
None present for defendant No. 1
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.
Adjourned for NM hearing to 24.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adv. Mr. Adik Kadam i/b. Adv. Tiwari for plaintiff is present and orally requested time for NM hearing. Sufficient time is already granted. Hence, this request is discarded.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM dismissal to 05.07.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Adv. Mr. Devendra Yadav h/f Adv. K.P. Tiwari for the plaintiff is present and he submitted that his senior is busy in another Court matter.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM dismissal to 25.08.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Mr. Bhosale h/f Adv. Nilesh Pandey for the plaintiff is present and orally requested for keeping back the matter. On inquiry, he is unable to assign as to why the matter is to kept back.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
The record shows that since long, the plaintiff is absent to proceed with the matter and therefore, today the NM is posted for dismissal. It seems that after securing interim Order, he is not interested in the matter. Hence, the interim Order is vacated.
Adjourned for NM dismissal to 15.10.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: None present for the plaintiff.
Adv. Khandagale for defendant/MCGM is present.
Adjourned for dismissal order to 15.12.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: None present for the plaintiff to proceed with the matter.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Adjourned for NM dismissal to 21.01.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: None present for the plaintiff to tender registered N/M No.806 of 2018. In the result, the un-tendered registered N/M No.806 of 2018 stands dismissed. The plaintiff is directed to tender the N/M on the next date. In default, the suit stand dismissed.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for dismissal of suit to 09/03/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: None present for the plaintiff to proceed with the suit.
Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
Adjourned for dismissal Order to 15.04.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: Even today, none present for the plaintiff. The matter is kept back.
Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
KB LO at 01:13 pm.
Order below exhibit No. 01:
     The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and hence, it is posted for dismissal order. Even today, he is absent and hence, the matter was kept back, as one another opportunity to turn-up and proceed with the same, but all in vain. He did not bother even to file copy of un-tendered registered NM No. 806/2018, which was dismissed on 21.01.2023. Nor, any stay order is communicated on this record. The suit is about 5 years old. It is, thus, clear that he is not worried  to proceed further with the matter. In the result, the suit stands dismissed in default and for want of compliance of the Court Order. All the pending applications are filed. The plaintiff is called upon to bear costs of this litigation. Bill of costs be drawn-up accordingly. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 15-04-2023

Filing Number: 102555/2018
Filing Date: 13-02-2018
First Hearing Date: 06th June 2018
Decision Date: 15th April 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE