M/s. Qaswa EnterprisesVsMCGM

Date: 02-03-2019
Business: By precipe
Adv.B. P. Shukla for plaintiff present and filed draft notice of motion alongwith affidavit.
Adv. Dhumale with Adv. Gajanan Shinde for defendant no. /MCGM present.
Shri. Somesh Shinde and Shri. Ganesh Thakur for BMC officer present.
Reply to draft NM filed by Adv. of MCGM.
O- Leave granted to register draft notice of motion.
Heard arguments of both sides.
Heard Ld. Adv. for the plaintiff and the defts. on the Notice of motion. The NM is posted for orders on 6.3.19. The parties to be suit are directed to maintain status-quo as on today in respect of the construction on the 17th floor. The deft. Corporation not to take coercive action till 6.3.19 and the plaintiff also not to carry out any construction. It is made clear that the order of the status-quo is not on merits. Put for orders on notice of motion on 6.3.19.
Matter adjd. to 6.3.19 for Order on Draft NM.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-03-2019

Date: 06-03-2019
Business: Adv.Yadav for plaintiff present.
Adv. Gajanan Shinde for defendant no. /MCGM present.
Shri. Ganesh Thakur, Sub Engineer \''C\'' ward present.
Adv. of plaintiff tendered original notice of motion no. 919 of 2019 alongwith affidavit.
FRSR the following order is passed.
Order on Notice of motion no. 919 of 2019
The Notice of motion no. 919 of 2019 is rejected.
Sheristedar to issue authenticated copy of the roznama NM no. 919 of 2019 to the both parties.
Matter adjd. to 16.4.19 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-04-2019

Date: 16-04-2019
Business: None present for plaintiff.
Adv.Mr.Gajanan Shinde a/w. Adv.Shri Dhumale for defendant/MCGM present.
Exh.1-Plaint
Exh.2-Vakalatnama. O-Seen and filed.
Exh.3-Address Memo. O-R and R.
Exh.4-List of documents. O-Seen and filed.
Exh.5-Affidavit in support of plaint.
Exh.6-Pursis filed by advocate of deft t.o.r.
Exh.7-Reply of NM treated as WS.
Matter adjd to 18.07.2019 for Framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: PO is on training program at Uttan
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: Plaintiff and his Adv.absent.
Adv.Meena Dhuri for defendant/MCGM present.
Issues framed.
Matter adjd to 01.10.2019 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Plaintiff and Adv. Mr. K. K. Shukla present.
Adv. Mr. Gajanan Shinde with Adv. Mrs. Dhuri  for defendant/MCGM present.
Matter adjd to 03/12/2019 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: Adv. B. P. Shukla For the plaintiff present
Adv. Gajanan Shinde for defendant  MCGM present a/w Adv. Mrs. Rawde.
Matter is adjd to 16.02.2020  for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-02-2020

Date: 16-02-2020
Business: N. O. B. T. O. B .
In roznama dtd. 03/12/2019 inadvertently the adjournment date was wrongly given as 16/02/2020 (Sunday).
Matter is now adjd to 04/04/2020 for r/e.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-04-2020

Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 05.06.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Business: COVID-19 LOCKDOWN.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-07-2020

Date: 17-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-10-2020

Date: 20-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: None present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
Matter adjourned for RE to 05.02.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Adv  S. K. Shah present for plaintiff
Adv Shinde present for defendant/BMC
witness absent.
Matter adjourned 12/03/2021 evidence .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: None present for plaintiff.
Adv. Soraan/Nandanwar present for MCGM/defendant.
Matter adjourned for RE to 07.06.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Business: In view of office circular, only urgent matters are taken for hearing and remaining board is discharged.
Matter adjourned for
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Adv.Rajiv Singh for plaintiff present and sought adjournment for plaintiffs evidence.
Adv. Soran for MCGM/defendant.
Matter adjourned to 30.11.2021 for plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Business: adv. yadadv Present For Plaintiff and sought adjournment..
Adv. Sutar present for MCGM/defendant.
Matter adjourned for RE to. 27/01/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: As Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: As court is busy.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: Court is busy in Recording Evidence in High Court Time Bound Matter i.e. L.C Suit No. 825 of 2014 and  Recording Evidence in L.C Suit No. 1018 of 2009 and L.C Suit No. 1019 of 2009. Hence want of time board is discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
Plaintiff is directed to appear and lead evidence on next date without fail.
Matter is adjd for RE on 10-01-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: As Court is busy in argument hearing in High Court Time Bound Matter i.e. Suit No. 784 of 2017 and hearing argument in Sessions Case No. 1430 of 2019. Hence want of time board is discharged.
Matter is adjd for RE  on 09-03-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: Adv. Dubey h/f Adv Shukla  for plaintiff.
Adv. Vyavhare @ Adv. Rawade present for MCGM/defendant.
On oral request made by advocate for plaintiff short adjournment is granted as a last chance.
Matter adjourned for R/E on  20-07-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: None for Plaintiff.
Adv. Ms. Vyavahare for MCGM present.
Due to heavy rain in Mumbai, matter is adjourned.
Matter is adjd  to 03.10.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: None for Plaintiff.
Adv.  Vidya Vyavahare for defendant/MCGM present.
Matter is adjd  to 21.11.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: Adv. Dubey h/f Adv. B. P. Shukla for Plaintiff present.
Adv. Gajanan Shinde a/w Adv. Ms. Rawade for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 01.02.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-02-2024

Date: 01-02-2024
Business: Adv. Chourasiya h/f Adv. B. P. Shukla for Plaintiff present.
Adv. Gajanan Shinde a/w Adv. Ms. Rawade for MCGM present.
Ld. Adv. for plaintiff requested for adjournment for which Ld. Adv. for MCGM/defendant raised strong objection. It appears that already sufficient opportunities are granted. Hence, short adjournment granted strictly as last chance.
Matter is adjd  to  27.02.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Adv. J. S. Yadav h/f Adv. B. P. Shukla for Plaintiff present.
Adv. Gajanan Shinde a/w Adv. Ms. Rawade for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 16.04.2024 for  evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2024

Date: 16-04-2024
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: Adv. B.P.Shukla for Plaintiff present.
Adv. Gajanand Shinde for MCGM present.
Adv. for the plaintiff submitted that he will make a correspondence with the plaintiff therefore on his oral request matter as adjourned last chance.
Matter is adjd  to 11-07-2024   for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: Adv. Dubey h/f Adv. Shukla  for Plaintiff present.
Adv. Ganjanand Shinde a/w Adv. Suryawanshi present for Defendant/MCGM.
Matter is adjd  to 20-07-2024    for  dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: Adv. Dubey h/f Adv. B. P. Shukla for Plaintiff present.
Adv. Gajanan Shinde a/w Adv. Chaitanya Dalvi for Defendant/MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 03.09.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 03-09-2024

Date: 03-09-2024
Business: Adv. Dubey h/f Adv. B. P. Shukla for Plaintiff present.
Adv. Gajanan Shinde a/w Adv. Chaitanya Dalvi for Defendant/MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 10.09.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 10-09-2024

Date: 10-09-2024
Business: Adv. Dubey h/f Adv. B. P. Shukla for Plaintiff present.
Adv. Gajanan Shide a/w Adv. Chaitanya Dalvi for Defendant/MCGM present.
  Inspite the matter is proceeding in the caption of dismissal, the plaintiff remained absent. The Ld. Advocate for the plaintiff made a statement that inspite making attempt the plaintiff is not in contact. Perusal of roznama shows that the issues are framed on 02.08.2019 and matter proceeded for the evidence till 13.06.2024, however, inspite grating several chance no evidence is filed. Therefore, on 11.07.2024 matter came to be adjourned for passing dismissal order. Therefore, considering all these circumstances, there will be no propriety by keeping the case in abeyance. Hence, following order is passed-
ORDER
1. Suit stands dismissed in default.
2. L. C. Suit No. 537 of 2019 stands disposed of accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 10-09-2024

NOTICE OF MOTION/100919/2019

Filing Number: 102553/2019
Filing Date: 28-02-2019
First Hearing Date: 02nd March 2019
Decision Date: 10th September 2024
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE