Action Construction Equipment Ltd.VsMCGM

Date: 12-03-2021
Business: Adv. Vinit Dubey i/b M/s. K. P. Tiwari and Co. for plaintiff present and requests for time to serve the writ of summons upon defts.
Time is granted till next date.
Matter adjd to 28/04/2021 for Service of Writ of Summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: As court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: None for plaintiff.
Adjd. To 08/12/2021 for service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: None present for the plaintiff.
Matter is adjd to 13.04.2022 for service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Adv for plaintiff present and tendered original writ of summons. TOR
Adv Mrs Tondwalkar for defendant / MCGM is present.
Adjd. To 08/06/2022 for filing affidavit of service / w/s.
Next Purpose: SERVICE
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Business: Plaintiff and his advocate absent.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
On perusal of record, it appears that writ of summons is already served upon defts. and 90 days are completed. Hence matter is adjourned for no W/S orders.
Adjd. to 03/08/2022 for no W/S orders.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B.
L.O.
Adv. for deft./BMC filed W/S, TOR and marked as Exh. 2 and also filed compilation of documents, TOR and marked as Exh. 3.
Copies thereof are kept in R and P for plaintiff.
Adjd. to 14/09/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-09-2022

Date: 14-09-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Draft issues not tendered by both the parties hence, matter is adjourned for framing issues.
Adjd. to 15/10/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: N.O.B., T.O.B. (By preceipe)
Adv. Yash Tiwari for plaintiff present and tendered draft N/M, TOR. And also tendered affidavit of plaintiff, TOR. Copy is supplied to other side.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and submitted that W/S be treated as N/M reply.
K.B. for ad-interim hrg.
L.O.
Heard both sides on ad-interim relief in draft N/M.
Adv. for deft./BMC tendered citation, TOR and marked as Exh.4. Copy is supplied to other side.
Already adjd. to 14/10/2022 for order on ad-interim reliefs.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 14-10-2022

Date: 14-10-2022
Business: Adv. Kiran Mishra i/b M/s K. P. Tiwari and Co. for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
F.R.S.R. following order is passed on N/M No.3812/2022-
O R D E R
Notice of Motion No.3812/2022 is dismissed.
Adv. for plaintiff tendered application for continuation of status quo, TOR and marked as Exh.4. O - Other side to day.
Adv. for defendant/BMC has given say on Exh.4 overleaf.
Heard both sides on Exh.4.
Adjd. to 15/10/2022 for order on Exh.4.
Next Purpose: ORDER
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 17/10/2022 for order on Exh.4.
Next Purpose: ORDER
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: Adv. Kiran Mishra for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B. for order on Exh.4.
L.O.
Adv. for plaintiff tendered citation, TOR.
Rest of the same appearance.
Heard Adv. for plaintiff on citations.
Adjd. to 18/10/2022 for order on Exh.4.
Next Purpose: ORDER
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: Adv. Kiran Mishra for plaintiff present.
Adv. Tondwalkar for Defendant/BMC present.
Order below Exh.4.
1. The Plaintiff filed this application for protection for possession for period of 8 weeks by granting status quo. The defendant corporation opposed application.
2. Heard advocate for the parties.
3. Advocate for plaintiff relying on judgment of Hon\''ble High Court in the case of Kranti Mohan Gruprasad Mehra  vs. Fatehchand Vasuram Behal submitted that court can grant staus quo even application for interim injunction is rejected.
4. In this case NM for interim injunction has been dismissed on merit after hearing both the parties. There was no ad-interim injunction as such there is no question of extension of protection. The granting status quo tentamounts to granting interim injunction. In the circumstances application is devoid of merit. I carefully read the judgment relied by the plaintiff. The facts of the case on hand and the facts of the judgment relied by the plaintiff are not identical. Therefore, with due respect the judgment relied by the plaintiff is not applicable to present case. In view of discussion above made I pass following order -
ORDER
Application for Exh.4 is hereby rejected.
Adjd. to 07/12/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: As Court is busy in dictating judgments in Suit Nos. 1527/2012 and Suit No.1530/2012, board is discharged.
Adjd. to 27/01/2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: As Court is on leave, board is discharged.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: None present for plaintiff.
Adv. Suryavanshi for BMC present.
Matter adjd for draft issues to 05.08.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-08-2023

Date: 05-08-2023
Business: None present for plaintiff.
Advocate Mhatre  h/f Suryavanshi for defendant/BMC present.
Adjd to 21.10.2023 for draft issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: None present for plaintiff
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
Adjd to 20.01.2024   for  Framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: None present for plaintiff
Advocate Mhatre h /f Suryavanshi for defendant/BMC present.
Exh. 5  Issues are framed.
Adjd  to  27.03.2024  for list of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: Adv Kiran Mishra for plaintiff seeks time to file evidence. Hence matter adjourned.
Advocate  Suryavanshi for defendant/BMC present.
Adjd  to 19.07.2024  for plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: None present for plaintiff
Advocate Botlawar  for defendant/BMC present.
Adjd  to 13.09.2024 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-09-2024

Date: 13-09-2024
Business: P. O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-10-2024

Date: 25-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate  Sujata Puri  for defendant/BMC present.
Adjd  to  02.12.2024    for plaintiff evidence/R.E.
Later on 12.00 p.m
Adv. Richa Dubey i/b K.P. Tiwari for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-12-2024

Date: 02-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Pragati Jaiswal i/b K.P. Tiwari and Co.  for plaintiff present and requested time to file evidence. Hence matter adjourned
Advocate  Honmane   for defendant/BMC present.
Adjd  to  03.02.2025    for plaintiff evidence /R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-02-2025

Date: 03-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Richa Dubey i/b M/s. K.P. Tiwari  and Co. for the plaintiff is present and sought time to lead evidence. Time is granted. Adv. Ms. Sujata Puri for defendant/MCGM is present.
Adjourned for RE. to 28.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2025

Date: 28-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the matter. Hence, it is posted for dismissal. Adv. Ms. Sujata Puri for defendant/MCGM is present.
Adjourned for dismissal to 21.06.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 21-06-2025

Date: 21-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
Adv. Ms. Kiran Mishra i/b K.P. Tiwari and Co. for the plaintiff is present and sought time to file evidence affidavit.
Adv. Ms. Pooja Nagarthawar h/f Adv. Ms. Vyavhare for defendant/MCGM is present and raised strong objection and prayed for dismissal of the suit.
In view of over all scenario, purely in the interest of justice an opportunity is granted to the plaintiff to proceed with the suit and tender evidence affidavit on next date or else further necessary order shall be passed. As per the request for the plaintiff matter is taken out and fixed with RE/dismissal.
Adjourned for RE./dismissal to 18.08.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 18-08-2025

Date: 18-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
It seems that despite opportunity no evidence affidavit is filed by the plaintiff. Hence, fixed the matter for dismissal.
Adjourned for dismissal/R.E. to 22.09.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 22-09-2025

Date: 18-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
It seems that despite opportunity no evidence affidavit is filed by the plaintiff. Hence, fixed the matter for dismissal.
Adjourned for dismissal/R.E. to 22.09.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 22-09-2025

Date: 22-09-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Ms. Richa Dubey i/b K.P. Tiwari and Co. for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
keep back
Later on at 11.34 am.
Rest appearance is as above.
Advocate for plaintiff requested for adjournment. Granted.
Adjourned for dismissal to 10.10.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 10-10-2025

Date: 10-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
keep back
Later on at 12.03 pm
Adv. Ms. Richa Dubey for the plaintiff is present
Assistant Manager of plaintiff Mr. Narendra Singh Sengar is present.
Advocate for plaintiff filed application for withdrawal of suit Taken on record. It is marked as Exhibit 6.
Copy of resolution and Identity Card is attached with application. It is submitted in application that the plaintiff desires to withdraw the suit and he will apply for the regularize with BMC Authorities of the suit premises and they are going for unconditional withdrawal. O- Other side to say.
Hand written say filed by Advocate for defendant/MCGM.
Adjourned for hearing on Exhibit 6 to 28.11.2025
Next Purpose: HEARING
Next Hearing Date: 28-11-2025

Date: 28-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Richa Dubey h/f Adv. K.P. Tiwari for the plaintiff is present.
Assistant Manager of plaintiff Mr. Narendra Singh Sengar is present
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
On last date plaintiff filed application for withdrawal of suit.
Adv for defendant/MCGM given handwritten say and submitted that she has no objection to withdrawn the suit unconditionally.
In application Exhibit 6, it is mentioned that plaintiffs are going for unconditionally withdrawal. Hence following order.
ORDER
01.	The suit stands disposed of as withdrawn unconditionally 	In view of application Exhibit 6.
02.	Court fees be refunded to the plaintiff as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 28-11-2025

NOTICE OF MOTION/103812/2022

Registration Number: 100238/2021
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 102530/2020
Filing Date: 24-02-2020
First Hearing Date: 12th March 2021
Decision Date: 28th November 2025
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE