Date: 01-03-2019
Business: Advocate Mr. P. D. Gandhi for Plaintiff present and filed draft Notice of Motion along with affidavit in support. Leave granted.
Advocate Ms. Tondwalkar for BMC/Deft present and filed list of documents Exh.2, t.o.r.
Heard arguments of advocate for Plaintiff and advocate for BMC. I have carefully perused disputed notice filed by Plaintiff at page no.96 of the plaint. The schedule i.e. description of work referred in disputed notice shows that Plaintiff is directed to stop construction work at C.T.S. no.303/D, Village Bhandup, Off Datta Mandir Road, Bhandup (w), Mumbai-78 for non-payment of assessment dues of subject property as informed by Executive Engineer (Building Proposal) eastern suburbs vide note under no.Dy.Ch.E./B.P./12907/E.S. dated 13/02/2019.
At this juncture, it becomes necessary to refer here section 354 A of BMC Act which provides that if the designated officer is satisfied that the erection of any building or execution of any such work as is described in section 342 has been unlawfully commenced or is being unlawfully carried on upon premises, the designated officer may, by written notice, require the person erecting such building or executing such work to stop such erection or work forthwith. From perusal of section 354 A of BMC Act, it becomes clear that the stop work notice can be issued in respect of unlawful or unauthorized construction only. On perusal of disputed notice, what is found is that, BMC even has not blamed that construction at suit premises is unlawful. Plaintiff has filed I.O.D., commencement certificate about construction work on suit premises. Thus, on perusal of those two documents, it can be prima-facie said that the construction being made by Plaintiff on suit premises can not be termed to be unauthorized, hence I find that ingredients of section 354 A of BMC Act are not considered by BMC officers while issuing disputed notice. On this ground I find that ad-interim relief in respect of not enforcing disputed notice by BMC officers can be granted at least till filing detailed reply of NM by BMC, hence hence ad-interim relief in terms of prayer clause (a) of draft NM is granted and Defendant/BMC is temporarily restrained from enforcing disputed notice issued against Plaintiff.
Case is adjourned to 03/04/2019 for reply/registered NM.
Parties to act on authenticated copy duly signed by Sheristedar.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2019
Date: 03-04-2019
Business: Court is busy in hearing Notice of Motion in suit no.1260/18, hence case is adjourned to 17/06/2019.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2019
Date: 17-06-2019
Business: As Court is busy in hearing urgent ad-interim matters. The board is discharged.
Earlier order to continue till next date.
The case is adjourned to 07.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: Advocate Aviraj Sharma h/f adv. Saraogi for plaintiff present.
Advocate Ms. Chavan for defendant /MCGM present and sought time. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 09.10.2019 for NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: As Court is busy in dictating Judgment in SU no. 5947/07 and in hearing ad-interim matters in SU no. 2624/19, 2627/19, ST No. 10927/19 and also other matters on board. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 04.12.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Adv. Ms. Preet Chawala for plaintiff present.
Adv. Mr. Giri for deft./MCGM present, prayed for adjd. to file reply.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 11.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Adv. Mr. Kankaria h/f adv. P.D. Gandhi for plff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 24.06.2020.
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: Adv. Mr. Khare h/f Mr. Gandhi for Plaintiff present.
Adv. Tondwalkar for deft./MCGM present, prayed for time to file reply.
Earlier order, if any, to continue till next date.
Matter is adjd. to 05.02.2021 for n/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Mr. Hardik Desai for plaintiff present.
Adv. Ms. Tondwalkar 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 30.03.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: None present for plff.
Adv. Tondwalkar for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjourned to 24.06.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Due to Covid-19 matter adjourned to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: CORAM H.H.J. SHRI. D. D. ALMALE, (C.R.NO.06)
(Matter pertains to C.R. No.11)
None for plaintiff..
Adv. Adv Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for NM reply to 23.09.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: CORAM - H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
NOB-TOB for placing the matter before National Lok-Adalat will be held on 25/09/2021.
None for plaintiff.
None for defendants.
Issue notice to the parties and their advocates to remain present before National Lok-Adalat on 25/09/2021 at 10.00 a.m.
Earlier adjournment is postponed.
Adjd. To 25/09/2021 for National Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 25-09-2021
Date: 25-09-2021
Business: Matter pertaining to C.R. No.11
Jagdish Thakur for Plaintiff present.
Adv. Jyoti Mhatre for BMC present.
Officer Paresh Kapgate for BMC present.
Matter could not be settled and sent back to the regular court.
Matter is already adjourned to 29.10.2021
Next Purpose: Lok-Nyayalay
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: CORAM-H.H.J. SMT. S.G.SHAIKH (CR.NO.06)
(Matter pertains to C.R. No.11)
Adv. Desai 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 02.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Adv. Ms. Panchal for Plaintiff.
Adv. Ms. Mhatre for Defendant/MCGM present.
Adv. Ms. Panchal filed tendered register Notice of Motion no. 1424/19 alongwith affidavit
Earlier order, if any, to continue till the next date.
Matter adjd for NM Reply to 13/01/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: None present for plaintiff.
Adv. Ms Mhatre 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 / rejoinder to 22.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: Adv. Ms. Labdhe for plaintiff is present.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and filed reply-cum-WS. TOR. It is marked at Exh. 03. O- Filed.
Copy supplied to the plaintiff.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 12.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Matter pertains to C.R.No.11.
Adv. Indira Labdhe for the plaintiff present.
Adv. Mhatre for defendant/MCGM is present.
Earlier Order, if any, to continue till the next date.
Adjourned for NM hearing to 28.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: Adv. Ms. Indira Labdhe for the plaintiff is present and orally requested for time for NM hearing. Granted strictly as a last chance.
Adv. Ms. J. V. Mhatre for defendant/MCGM is present
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 27.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: Adv. Tejas Shah for the plaintiff is present and filed written submissions on NM. TOR. Copy is supplied to the other side. He orally requested time for short argument on NM. It may be considered after written submissions on NM are filed by defendant.
Adv. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file written submissions on NM. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for written submissions on NM by defendant to 06.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Adv. Mr. Tejas Shah for the plaintiff is present.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and filed written submissions on NM No. 1424/19. TOR. Copy supplied.
The advocate for the plaintiff orally requested for an opportunity to make short oral submissions on NM. Both the parties are allowed to make short oral submissions, if any.
Earlier order, if any, to continue till the next date.
Adjourned for Short oral submissions on NM to 03.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: Adv. Mr. Hardik Desai for the plaintiff is present.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
The Court is busy in recording evidence in SU Nos. 1639/2014, 3070/2009, 1098/2008 and SC No. 125/2022.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 21.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: Adv. Mr. Tejas Shah for the plaintiff is present and requested for keeping back the matter, as Adv. Desai is busy in some other Court. Considering the today\''s board, this request is discarded.
Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for written submissions on NM to 02.05.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2023
Date: 02-05-2023
Business: Adv. Ms. Khushi Verma for the plaintiff is present and requested time for additional oral submissions on NM as per roznama dtd. 06.12.2022. Time is granted lastly.
Adv. Mrs. Smita Chavan for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for additional oral submissions on NM to 18.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2023
Date: 18-07-2023
Business: Adv. Mr. Shantanu Sharma h/f Adv. Gandhi for the plaintiff is present and requested time to make short submissions. Granted.
Adv. Mr. G.O. Giri h/f Adv. Ms. S.S. Chavan for defendant/MCGM is present. Earlier order, if any, to continue till next date.
Adjourned for additional oral submissions on NM to 14.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2023
Date: 14-09-2023
Business: Adv. Mr. Priyank Chudasama h/f Adv. P.D. Gandhy for the plaintiff is present and requested time to make oral submissions. Time is granted.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. Earlier order, if any, to continue till next date.
Adjourned for additional oral submission to 23.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2023
Date: 23-11-2023
Business: Adv. Mr. Dharmadhikari for the plaintiff is present and requested time for short submissions on NM. Time is granted lastly.
Adv. Mr. Suryavanshi h/f Adv. Mr. Khandagale for defendant /MCGM is present. Earlier order, if any, to continue till next date.
Adjourned for additional written submissions on NM to 20.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2024
Date: 20-01-2024
Business: Mr. Jagdish Hari Thakur, partner of the plaintiff is present. He submitted that the plaintiff is not willing to proceed with the suit and wants to withdraw the same unconditionally.
Adv. Mr. Tejas Shah h/f Adv. P.D. Gandhey for the plaintiff is present
Adv. Mr. Khandagale for defendant/MCGM is present.
The advocate for the plaintiff filed the application for withdrawal of the suit. TOR. It is marked at Exhibit 3. O- Other side to say. Say filed. Heard. O- Considering the reasons, as the plaintiff is not willing to proceed with the matter, he is permitted to withdraw the suit. The suitable order follows below Exhibit 1.
Order below Exhibit 1:
In view of the Order on the application (Exhibit 3), the suit is disposed of as withdrawn unconditionally by the plaintiff. All the pending applications, along-with NM No. 1424/2019, are, therefore, filed. The plaintiff to bear costs of this suit. Bill of costs be drawn-up accordingly. The proceeding is closed.
After expiry of the Appeal period, the Original documents filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 20-01-2024