Date: 06-03-2019
Business: Adv. Mr. J.J. Thakkar for Plff present and tendered registered N/M No.930/19. T.O.R.
Adv. Mr. Diwate h/f Adv. Mrs. Bhoir for Deft/MCGM present.
Ld. Adv. for Deft seeks time to argue on ad-interim relief.
Earlier order, if any, to continue till next date.
Hence, adjd to 11/3/2019 for arguments on ad-interim relief.
Next Purpose: N/M FOR AD-INTERIM
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Already adjd to 13-03-2019.
Next Purpose: HEARING
Next Hearing Date: 13-03-2019
Date: 13-03-2019
Date: 05-04-2019
Business: Adv. Mr. Jaideep Thakkar for Plff present.
Adv. Mrs. Bhoir for MCGM/deft. present.
Adv. Mr. Arun Mehta for applicant present and tendered original registered Ch/s No.738/19 alongwith affidavit.
Earlier order, if any, to continue till next date.
In view of office order No.66/19 dt.4/4/2019 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, this matter is transferred to C.R. No.9 for disposal in accordance with law.
Adjd to 10/6/2019 for N/M and Ch/s reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2019
Date: 10-06-2019
Business: Adv. Jaydeep Thakkar for Plaintiff present.
Adv. Ms. Patil for Defendant/BMC present.
Adv. Arun Mehta for applicant present.
Adv. for plaintiff filed reply to Ch.s. Copy served to Adv. for applicant.
KB.
L.o. at 3.40 p.m.
Heard, both the sides on Ch/s.
Order on Ch/s No. 738/2019
Perused the Ch/s, reply filed thereto and heard both sides. The plaintiffs are not disputing that the applicants are landlords of the suit building. Ld. Adv. for plaintiff has objected the Ch/s on the ground that in challenge to the notice issued by Def/MCGM, presence of landlord is not necessary to decide controversy between the plaintiffs and def. MCGM. Ld. Adv. for applicant has pointed out that in other suit filed by other tenants the present applicants, being landlords, are made parties. As the applicants are landlords of the suit building any order of the Civil Court will affect their rights. As such the applicants are necessary parties to the suit. In view thereof Ch/s is allowed and made absolute in terms of prayer clauses (a) and (b). The plaint be amended accordingly on or before next date and copy of amended plaint be served to the applicants.
Adjd. to 25.06.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-06-2019
Date: 25-06-2019
Business: None for plaintiff.
Adv. Ms. Patil for MCGM/Defendant 1 and 2 present.
None for def. no. 3 and 4.
Adjd to 20.08.2019 for compliance.
L.O. at 3.10 p.m. Adv. Thakkar for plaintiff present.
Adv. Arun Mehta for applicant present.
Adjd to 04.07.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-07-2019
Date: 04-07-2019
Business: None for plaintiff.
Adv. Sigarala for def. no. 3 and 4 present.
Adv. Ms. Patil for MCGM/Defendant 1 and 2 present.
On oral request of ld adv for def. no. 1 and 2, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 11.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-07-2019
Date: 11-07-2019
Business: Adv. Jawahar Thakkar for plaintiff present.
Adv. Ms. Patil for Defendant 1 and 2 /MCGM present and filed reply to NM. Copy served to other side.
Adv. Arun Mehta for Defendant No. 3 and 4 present.
Earlier order, if any, to continue till next date.
Adjd. to 25.07.2019 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-07-2019
Date: 25-07-2019
Business: Adv. J. J. Thakkar for plaintiff present and tendered draft Ch/s with affidavit. Leave is granted to register the Ch/s. He also tendered rejoinder to NM. Copy served to other side.
Adv. Ms. Patil for MCGM/Defendant 1 and 2 present.
Adv. Arun Mehta for defendant no. 3 and 4 present.
Charge of C. R. no. 11, Court busy in urgent hearing matters of two courts. Hence adjourned.
Earlier order, if any, to continue till next date.
Adjd to 13.08.2019 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-08-2019
Date: 13-08-2019
Business: Adv. J. Thakkar for plaintiff present and tendered registered Ch/s No. 1444/19 with affidavit.
Adv. Arun Mehta for def. no. 3 and 4 present and tendered registered NM No. 3056/19 with affidavit.
He also filed application for information to the Court. TOR at Exh. 2
He also filed reply to NM. Copy served to other side.
Adv. Ms. Patil for MCGM/Defendant 1 to 2 present.
Earlier order, if any, to continue till next date.
Adjd to 22.08.2019 for NM/Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: (Incharge Court of C.R.No.8)
Adv. Mr. Jaydeep Thakkar for Plaintiff present.
Adv. Mrs. Hajare for Defendant No. 1 and 2/MCGM present.
Adv. Ms. Sonika Mehta for Defendant No. 3 and 4 present.
Earlier order, if any, to continue till next date.
Adjd to 26.09.2019 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Date: 07-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Adv.Namita Shirke for plaintiff present.
Adv. Mrs. R.M. Hazare for Deft no.1 and 2/MCGM present.
Adv. Arun Mehta for defendant no.3 and 4 present.
k.b
Later on.
Adv.Patankar for plaintiff present.
Adv. Mrs. D.D. Patil for Deft no.2 and 3 /MCGM present.
Earlier order, if any, to continue till next date.
Matter is adj to 22/11/19 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Adv. Ms. Namita Shirke for plff present.
Adv. Ms. Patil for MCGM/Defendant nos. 1 and2 present.
Adv. Mr. Arun Mehta for deft nos. 3 and 4 present.
K.B.
LO.
Adv for plff tendered application for adjournment, marked as Exh.3.
Order on Exh.3- Application is partly allowed. 10 days\'' time granted.
Earlier order, if any, to continue till next date.
Adjd to 03.12.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Adv. Mr. Vinayak Gaonkar for plaintiff present and undertakes to file V/N on next date
Adv. Ms. Patil for MCGM/Defendant no. 1 and 3 present.
Adv. Arun Mehta for defendants no. 4 and 5 present
Earlier order, if any, to continue till next date.
Adjd to 10.12.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Date: 20-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2019
Date: 21-12-2019
Business: Plaintiff No.1,2 and 6 is present, his advocate absent. Adv. D.D. Patil for defendant No.1 to 2/MCGM present. None for defendant No. 3 and 4. KB L.O. at 12.05pm Adv. Arun Mehta for defendant No.3 and 4 present. Partly heard Ld. Adv. for Defendant No.1 and 2/MCGM. Earlier order, if any, to continue till next date. Adjd to 02.01.2020 for further arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-01-2020
Date: 02-01-2020
Business: None for Plff.
Adv. Mrs. Hazare h/f Adv. Mrs. Patil for Deft Nos.1 and 2/ MCGM present.
Adv. Mr. Arun Mehta for Deft Nos.3 and 4 present.
Kept back -
Later on
Adv. Shrivastav for plaintiff present.
Adv. Mr. Som Sinha with Adv. Hazare for the Deft Nos.1 and 2/MCGM present.
Earlier order, if any, to continue till next date. .
Adjd to 14/1/2020 for N/M hearing P/H.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Adv. S.P.Shrivastava for plaintiff present.
Adv. Patil for defendatn No. 1 and 2
Adv. Arun Mehta for Defendant No. 3 and 4.
Earlier order, if any, to continue till next date.
Adjd to 05.02.2020 at 12.00pm for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv.S.P.Srivastav for plaintiff present and tendered draft ch/s along with affidavit in support. Leave is granted to register ch.s.
Adv. Som Sinha for defendant No. 1 and 2 /MCGM present.
Adv.Arun Mehta for defendant No. 3 and 4 present and received copies of draft ch/s and affidavit in support, filed by plaintiff.
Earlier order, if any, to continue till next date.
Matter adjd to 13.02.2020 at 12.00noon for NM hearing/ ch/s service and reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: adv. Shrivastav for plaintiff present and tendered original register ch/s No.254/2020 @ affidavit in support.
Adv. Som Sinha for defendant No.1 and 2 present.
Adv. Arun Mehta for defendant No.3 and 4 present.
As court is busy in dectating SC Case No.62/2020 judgment matter., Hence matter is adjourned.
Earlier order, if any, to continue till next date.
Matter adjd to 06.03.2020 at 12.00 am for NM hrg/ reply to ch/s.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv.Vinayak Gaokar h/f Ad.S.P.Shrivastva for plaintiff present.
Adv. Som Sinha for Defendant No.1 and 2 MCGM.
Adv.Arun Mehta for Defendant No.3 and 4 present.
As Court is busy in dictating judgment in Sessions Case No.85/20 and 366/19. Matter is adjourned.
Earlier order, if any, to continue till next date.
Matter adjd to 20.04.2020 at 11.30 a.m. for NM hearing of consent of both sides.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2020
Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Adv. Vinayk Gaonkar h/f Adv. S. P. Shrivastav for plaintiff present.
Adv. Som Sinha with Adv. Ms. Smita Chavan for deft no. 1 and 2/MCGM present.
Adv. Ms. Priyasha Pawar h/f Adv. Arun Mehta for deft no.3 and 4 present.
Earlier order, if any, to continue till next date.
Matter adjd to 12/01/2021 for NM Hearing and Ch/s reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Matter adjd to 04/02/2021 for Hearing of NM No.3056/19 and Reply to Ch/s No.254/2020 and draft Ch/s by defts no. 1 to 4 and Reply to Ch/s No.1444/19 by deft no.1 and 2/MCGM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Matter adjd to 20/02/2021 for Reply to Ch/s Nos.87/21, 254/2021 and 1444/19 by deft no.1 and 2/MCGM/Ch/s Hearing and NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: Adv. Gaokar h/f Adv. S. P. Shrivastav for plaintiff present.
Plaintiff no. 2 is also present.
Adv. Ms. Smita Chavan for deft no.1 and 2/MCGM present and submits that MCGM Counsel Mr. Som Sinha is not feeling well. Hence requests for time to file reply to Ch/s Nos.87/21, 254/2021 and 1444/19. Time is granted till next date.
Adv. Arun Mehta for deft no.3 and 4 present.
Earlier order, if any, to continue till next date.
Matter adjd to 18/03/2021 for Reply to Ch/s Nos.87/21, 254/2021 and 1444/19 by deft no.1 and 2/MCGM/Ch/s Hearing and NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv. S. P. Shrivastav for plaintiff present.
Adv. Mr. Som Sinha with Ms. Smita Chavan for deft no.1 and 2/ MCGM present and has given say on Ch/s Nos. 1444/19, 254/2020 and 87/2021.
Adv. Arun Mehta for deft no.3 and 4 present.
Heard both sides on Ch/s Nos.1444/19, 254/2020 and 87/2021 at length.
Earlier order, if any, to continue till next date.
Matter adjd to 30/03/2021 for Order on Ch/s No.1444/19,
254/2020 and 87/2021/NM Hearing.
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 06/04/2021 for Order on Ch/s Nos. 251/2021 and 1443/2019 / N.M. hrg.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Adv. Mr. Gonkar h/f. Adv. S.P. Shrivastav for plaintiff present.
Adv. Mrs. Chavan for deft No. 1 and 2/MCGM present.
Adv. Sonika Mehta h/f. Adv. Arun Mehta for deft. no. 3 and 4 present.
Common Order on Ch/s Nos.1444/19, 254/2020 and 87/2021
This is Suit for challenging notice u/s 354 of MMC Act, against demolition of Amrut Kunj, Anjariawadi Ghatkopar East, Mumbai-77. It is also prayed to quash letter dt.08.02.2019 and notice dt. 08.02.2019.
This is Chamber Summons filed by the plaintiff for inserting subsequent events in the body of the plaint in respect of the TAC report and this activities in related to TAC report. The plaintiff have filed the suit to challenge the notice u/s.354 of the MMC Act and TAC report. After granting ad-interim in favour of the plaintiff the liberty was given to the defendants to refer matter to TAC a fresh for taking decision on the status of building as per guildline issued by Hon\''ble High Court. He made certain correspondence regarding the TAC to the deft/Corporation. He has handed over all the documents and correspondence to his earlier advocate who did not give the reference of the said correspondence in the plaint and therefore Ch/s No.254/2020 was filed. The correspondence regarding the structure repairing was also made on 26.11.2018. The report dt. 25.7.217 issued by Dr. K. M. Bhajoriya challenged by the plaintiff. The TAC report dt. 29.01.2019 is without considering various aspects and without carrying out essential test and the TAC themselves have not carried out the test in thir presence in view of conflict report. On 23.10.2019 all the objections send through letter in the office of the Chairman, TAC and ward office N Ward. The report of tenants structural auditor namely CSR Consultant and Associates dt. 13.07.2019 which classifies suit building as “C2A”.
On 13.07.2019 tenants have submitted letter dt.13.11.2019 to Deputy Municipal Commissioner with willingness to carry out necessary repairs in the building under the supervision of registered structural engineer. Accordingly on 26.11.2019 letter sent to Deputy Chief Engineer (BP) ES, Vikhroli. The TAC order dt. 11.07.2020 is without following guideline by Hon\''ble High Court. The TAC report dt. 10.06.2020 is illegal.
On the other side deft no.1 & 2 i.e deft/Corporation strongly opposed the present Ch/s. On the grounds of sole intension of delaying the present proceeding at the instance of plaintiff. Deft no.3 & 4 submitted that in the Ch/s by way of amendment are allowed, whole cause of action of the Suit will change and therefore, the reliefs prayed in the Ch/s to joint TAC as a party and challenging its report by amendment cannot be granted.
Heard both sides.
Perused Chamber Summons / reply by all defendants and rejoinder. The plaintiff wants to incorporate the serious laps on the part of technical Advisor Committee which is appointed in view of the guildline issued by Hon\''ble High Court in WP 1135/14. The allegations regarding non carrying required mandatory test while doing inspection by TAC at the place of the Suit premises, are serious to the point of view in relation of guildline issued by our Hon\''ble High Court. The schedule to the Ch/s nowhere transpires that if the amendment is allowed it would change character and nature of suit. I would like to place reliance on “2003 (1) MHLJ 233, Krishnaji Shankar Moghe Vs. Sitaram Gangadhar Shende, dated- 06th June, 2002 as follows :-
“It is well settled that a party to the Civil Proceedings if desirous of taking advantage of the events which have occurred subsequent to the filing of the proceedings, then the party is not forbidden from doing so, provided that the party has to bring on record those facts by way of amendment of the pleadings and thereafter establish the same by leading necessary evidence in support of such pleadings. But, in the absence of such facts being incorporated in the pleading, the party cannot derive any benefit from such facts nor any evidence in that regard can be produced on record or looked into. This position in law is well settled in view of the decision by the Apex Court in Om Prakash Gupta V. Rambir B. Goyal reported in 2002 AIR SCW 278. It has been held that the party relying on the subsequent event, which consists of facts beyond pale of controversy either as to their existence or in their impact, is expected to have resort to amendment of pleadings under Order 6, rule 17 of the Civil Procedure Code.”
Thus, the party has to bring on record the facts regarding the subsequent events by way of amendment of the pleadings and party has to establish their evidence accordingly. Where, the defendant would get right opportunity to lead evidence and object plaintiffs evidence on merit. Therefore, there is no question of diligency at the instance of plaintiff. There are certain subsequent events needs to be incorporated in the body of plaint to decide controversial issues on merit. The party did not raise the relevant facts before the commencement of the trail. The purpose of Order 6, Rule 17 of Code of Civil Procedure, 1908 is to promote ends of justice and not to defeat the law. Hence, I am inclined to pass following order :
ORDER
1. Chamber Summons Nos. 1444 of 2019, 254/2020 and
87/2021 are partly allowed and made absolute in terms of
prayer clause (a) only.
2. The Plaintiffs are directed to carry out amendment in plaint as per schedule annexed to chamber summons within two weeks.
3. Plaintiff shall provide the copy of amended plaint to the defendants.
4. Chamber Summons Nos. 1444 of 2019, 254/2020 and
87/2021 are disposed off accordingly.
Earlier order, if any, to continue till next date.
Matter adjd to 08/06/2021 for compliance/NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: (Matter pertains to C.R.No.8)
Adv. Mr. S.P. Shrivastav for Plaintiff present.
Adv. Ms. Divya Vishwanath h/f. Adv. Mr. Som Sinha for Defendant Nos. 1 and 2/MCGM is present.
Adv. Ms. Priyansha Pawar h/f. Adv. Mr. Arun Mehta for Defendant Nos. 3 and 4 is present.
Adv. For Plaintiff tendered application for extension of time to carry out amendment as per order passed on 01/04/2021 below Ch/s. No. 1444/2019, 254/2020 and 87/2021. The said application is t.o.r. and marked as Exh.5.
Heard both sides on Exh.5.
Order on Exh. 5.
Two week\''s time is granted to the Plaintiff to carry out amendment as per order passed on 01/04/2021 below Ch/s. No. 1444/2019, 254/2020 and 87/2021.
Earlier order, if any, to continue till next date.
Matter is adjd to 29/06/2021 for compliance/ NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: Adv. Mr. Vinayk Gaonkar for Plaintiff present.
Counsel Adv. Som Sinha along with Adv. Mrs. Smita Chavan for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Matter is adjd. to 06/07/2021 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: CORAM H.H.J. D. D. ALMALE, (C.R.NO.06)
(Matter pertains to C.R. No. 08)
None present for plaintiff.
None for defendant No.1 and 2/MCGM.
Adv. Arun Mehta for defendant no. 3 and 4 present.
Earlier order, if any, to continue till next date.
Adjd. To 07/09/2021 for Ad-interim Hearing.
In-charge Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: Adv. Shrivastav for plaintiff present and filed affidavit in rejoinder. TOR.
Adv Som Sinha with Ms. Smita Chavan for defendant nos.1 and 2/ MCGM present.
Adv Arun Mehta for defendant nos.3 and 4 present and filed additional affidavit in reply of the defendant nos.3 and 4 to the NM. TOR.
Adv for defendant / MCGM submitted that he will file reply to NM till next date and served copy of reply in advance to other side.
Earlier order, if any, to continue till next date.
Adjd. To 23/09/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv. Shrivastav for plaintiff present and has given say on NM NO.3056/2019 itself. He tendered rejoinder in NM NO.930/19. Copy is already served to other side.
Adv for plaintiff also tendered copy of amended NM NO.930/2019. TOR.
Adv Mrs Rawade for defendant nos.1 and 2/ MCGM present and filed additional reply in Ch/s No.251/2021. TOR. Copy is supplied to the plaintiff.
Adv Arun Mehta for defendant nos.3 and 4 present.
Heard both sides on NM NO.3056/19.
Earlier order, if any, to continue till next date.
Adjd. To 30/09/2021 for order on NM NO.3056/2019.
Next Purpose: NM ORDERS
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv. Shrivastav for plaintiff present.
Adv Som Sinha with Adv Mrs Rawade for defendant nos.1 and 2/ MCGM present.
Adv Sonika Mehta h/f Adv Arun Mehta for defendant nos.3 and 4 present.
F.R.S.R. Following order is passed on NM NO.3054/2019
ORDER
1. Prayer clause (a) in terms of Notice of Motion NO.3056/2019 is made absolute subject to cost of Rs.2000/-.
2. Defendant nos.3 and 4 directed to deposit the cost of Rs.2000/- in D.L.S.A. officer Mumbai, within 15 days from today.
3. Notice of Motion No.3056/2019 is disposed off accordingly.
Earlier order, if any, to continue till next date.
Adjd. To 14/10/2021 for compliance / NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: As Court is busy in urgent ad-interim hearing and orders on ad-interim reliefs of CR NO.08 and 11, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. To 18/11/2021 for compliance / NM hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv. Shrivastava for plaintiff present.
Adv Som Sinha with Adv Mrs Rawade for defendant nos.1 and 2/ MCGM present.
Adv Arun Mehta for defendant nos.3 and 4 present.
By consent, matter is adjd. till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 16/12/2021 for NM hearing at12.30 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv. Shrivastava for plaintiff present.
Adv Som Sinha with Adv Mrs Rawade for defendant nos.1 and 2/ MCGM present.
Adv Arun Mehta for defendant nos.3 and 4 present. By consent, matter is adjd. till next date.
Due to paucity of time, matter is adjd. till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 04/01/2022 for NM hearing at 11.30 a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: AT 11.30 A.M.
None for plaintiff.
Adv Som Sinha with Adv Mr Khandagale h/f Adv Rawade for defendant nos.1 and 2/ MCGM present.
Adv Arun Mehta for defendant nos.3 and 4 present.
K.B.
L.O. at 12.15 p.m.
Adv. Shrivastava for plaintiff present and submitted that on the next date, he will file Written Argument in NM. Therefore, plaintiff is directed to supply copy of written argument in advance to other side.
Adv Som Sinha with Adv Mr Khandagale h/f Adv Rawade for defendant nos.1 and 2/ MCGM present.
Adv Arun Mehta for defendant nos.3 and 4 present.
Earlier order, if any, to continue till next date.
Adjd. To 17/01/2022 for NM hearing (afternoon session)
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Adv. S.P Shrivastav for Plaintiff present and tendered written argument in N.M. no 930/2019 TOR and marked as Exh.7. Copy is served to other side.
Adv. Ms. Divya Vishwanath h/f Adv. Som Sinha for Deft No. 1 and 2/MCGM present
Adv. Ms. Priyasha Pawar h/f Adv. Arun Mehta for
Deft no. 3 and 4 present.
In view of office order no.7/2022 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 next date.
Matter is adjd to 03/02/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 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 next date.
Matter is adjd to 24/02/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Wrongly on board. already adjd to 01.03.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Adv. Ramesh Singh h/f Adv. S P Srivastava for Plaintiff present.
Adv. Som Sinha with Adv Mrs Rawade for defendant nos. 1 and 2 / MCGM present.
Adv. Arun Mehta for Defendant Nos. 3 and 4 present.
Due to paucity of time, this matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 10/03/2022 for NM hearing at 12.30 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: AT 12.30 P.M.
Adv Ramesh Singh h/f Adv S.K. Shrivastava for plaintiff present.
Plaintiff nos.1,2,3 and 6 are also present.
Adv Mrs Smita Chavan for defendant nos. 1and 2/ MCGM present.
MCGM Counsel Mr Som Sinha absent.
Adv Arun Mehta for defendant no.3 and 4 is present.
Defendant no.3 is also present.
K.B.
L.O. at 1.00 p.m.
MCGM Counsel Mr Som Sinha is present for defendant nos. 1and 2/ MCGM and tendered compilation of documents (xerox copies of citations). TOR and marked as Exh.8. Copy is supplied to other side.
Rest of same appearance.
Partly heard Ld Adv for defendant nos.1 and 2 / MCGM on NM NO.930/2019.
Due to recess, matter is K.B. till 3.30
L.O. at 4.15 p.m.
Same appearance.
Heard further argument by Ld Adv for defendant nos.1 and 2 / MCGM on NM NO.930/2019.
Adjd. To 15/03/2022 at 12.30 p.m. for argument by advocate for defendant no.3 and 4
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: AT 12.30 P.M.
Adv S.P. Shrivastava for plaintiff present.
Plaintiff nos.1,2,3 and 6 are also present.
MCGM Counsel Mr Som Sinha with Adv Mrs Smita Chavan for defendant nos. 1and 2/ MCGM present.
Adv Arun Mehta for defendant no.3 and 4 is present.
Defendant no.3 is also present.
Heard Ld Adv for defendant nos.3 and 4 partly on NM NO.930/2019.
Adv for defendant nos.3 and 4 tendered list of documents. TOR and marked as Exh.9 and 10 respectively. Copies thereof are served to other side.
Due to paucity of Time, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. To 24/03/2022 at 12.30 p.m. for further arguments by defendant nos.3 and 4 on NM NO.930/2019.
Next Purpose: NM P.H.
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: AT 12.30 P.M.
Adv Ramesh Shingh h/f Adv S.P. Shrivastava for plaintiff present.
MCGM Counsel Mr Som Sinha with Adv Mrs Smita Chavan for defendant nos. 1and 2/ MCGM present.
Adv Arun Mehta for defendant no.3 and 4 is present.
Defendant no.3 is also present.
Heard further argument by Ld Adv for defendant NM NO.930/2019.
On oral request of advocate for plaintiff for reply argument to argument of defendant nos.3 and 4 in NM, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. To 31/03/2022 at 12.30 p.m. for reply argument to argument of defendant nos.3 and 4 in NM / NM (P.H.)
Next Purpose: NM P.H.
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: AT 12.30 P.M.
Adv S.P. Shrivastava for plaintiff present.
MCGM Counsel Mr Som Sinha with Adv Mrs Smita Chavan for defendant nos. 1and 2/ MCGM present.
Adv Arun Mehta for defendant no.3 and 4 is present.
Heard reply/ rejoinder argument in NM NO.930/2019 by both sides.
Earlier order, if any, to continue till next date.
Adjd. To 16/04/2022 for order on NM NO.930/2019
Next Purpose: NM ORDERS
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: None for plaintiff.
None for defendant no.1 and 2 /MCGM.
Adv Aniket Srivastava h/f Adv Arun Mehta for defendant nos.3 and 4 present.
K.B. for order on NM NO.930/2019.
L.O. at 5.30 p.m.
Adv Ramesh Singh h/f Adv S.P. Strivastava for plaintiff present.
None for defendant no.1 and 2 /MCGM.
Adv Aniket Srivastava h/f Adv Arun Mehta for defendant nos.3 and 4 present.
F.R.S.R. Following order is passed on NM NO.930/2019.
ORDER
1. Notice of Motion No.930/2019 is dismissed.
2. Notice of Motion No.930/2019 is disposed off accordingly.
The advocate for the plaintiff filed application for extension of injunction for period of 8 weeks from today to enable the plaintiff to challenge the above order in Honble High Court. TOR and marked as Exh.11
Heard both sides on Exh.11
ORDER ON EXH.11
The advocate for the defendant nos.3 and 4 opposed the application. Ad-interim relief is granted in favour of plaintiff. The interim protection given to plaintiff is continued till today. Plaintiff wants to challenge this order. He is entitled to do so. I agree with the submission of the advocate for the plaintiff that if suit property is demolished, his appeal will be frustrated. Accordingly four weeks time is granted to the plaintiff. Till then, execution and operation of this order be stayed.
Nature Of Disposal: DISMISSED
Disposal Date: 16-04-2022