Classic CorporationVsMCGM

Date: 29-02-2020
Business: Plaintiff and advocate absent.
Adv. Mrs. Rawade for MCGM/deft present.
        Order on Ad-Interim Relief
          The plaintiff seeks injunction restraining the defendant for acting upon the notice dt. 25/02/2020. It is alleged that, the plaintiff had carried out redevelopment work in CS No.1172, 1173, 1/1173, 1175 and 1176 of Mandavi devision, Kambekar street, Mumbai without obtaining NOC from Chief Executing Officer, Maharashtra Govt. Wakf Board.
           The plaintiff was directed to produce permission within 24 hours vide notice dtd. 25/02/2020 u/S. 354-A of MMC Act. The plaintiff had instituted the suit on 28/02/2020. The reply to the notice is filed by the plaintiff on 27/02/2020. The order does not appear to be passed by the corporation.
        So, also the plaintiff had produced sanction plan and commencement certificate issued by the Asst. Engineer, Building Proposal, CTB Ward. The commencement certificate was issued was valid upto 08/05/2019. The commencement certificate is further extended upto 21st  floor as per approved plan dtd. 09/01/2018 as per phase-I of approve phase programme dtd. 02/03/2019. It prima facia shows that the corporation has granted commencement certificate upto 21st floor. The construction appeared to have been carried out with the permission of the corporation. The plaintiff had made out prima facia case for ad-interim protection. It would be appropriate to direct the defendant to file say to the notice of motion. The corporation to file say by 17th March, 2020. In the meantime the corporation not to take coercive action on the basis of the notice dtd. 25/02/2020 issued u/S. 354 of the MRTP Act. Put up on 17th March, 2020.
Matter is adjd to 17/03/2020 for reply on n.m.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: CORAM . HHJ. SHRI. GOPAL G. BHANSALI       (CR No.11)
Matter Purtains to Court no. 5
Adv. B.P. Shukla for Plaintiff Present.
Adv. Mrs. Rawde for defendant /MCGM present
Earlier order if any to continue till the next date.
Matter is adjd. to 21/04/2020 for NM Reply Rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Adv Yadav for plaintiff present.
Adv for MCGM/defendant absent.
Earlier order if any to continue till the next date.
Matter adjourned for reply to 14/1/21.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Adv Ravindra Singh present for plaintiff.
Adv Rawade present for MCGM/defendant.
Adv of plaintiff has not submitted registered NM and affidavit yet.
Adv of defendant submitted reply on NM.
Earlier order if any to continue till the next date.
Adv of defendant submitted that by taking benefit of earlier order plaintiff is doing further work. Hence both parties to produce original and dated photographs of suit structure.
Matter adjourned for registered NM and rejoinder/arguments to 04.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv Yadav present for plaintiff.
Adv Ravde present for MCGM/defendant.
adv of plaintiff submitted registered Notice of Motion with affidavit.
Adv of defended submitted colour and dated photographs  of 28/01/2021 and 03/02/2021.

Heard both Ld Counsels.  perusal of order dated 14/01/2021 shows that plaintiff was directed to submit original and dated photographs  of suit structure but said compliance is not made.  adv of defendant  submitted that plaintiff is having plan for phase no. 1 and by misusing it he has started work of second phase also.

Therefore plaintiff is directed to submit photographs  as above from different angels of the structure. further by using earlier order dated 29/02/2020, plaintiff to not to carry out work of second phase, if having no such sanction plan.
parties to argue on Notice of Motion on merits thereafter.  by consent keep on next date.
Earlier order if any to continue till the next date.
Matter adjourned to 05/02/2021 for photographs.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Adv of plaintiff present and submitted color and dated photographs.
Adv Nandanvar holding for adv Ravde present.
Earlier order if any to continue till the next date.
Adjd for N/M argument to 09/02/2021.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: As court is busy in hearing urgent matter in Suit No.691/2014, 1468/19, 2228/13 and Stamp No.1359/2021 hence for want of time board is discharged.
Earlier order if any to continue till the next date
Matter adjourned for NM arguments to 18.02.2021.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: Adv Yadav present for plaintiff.
Adv Rawade present for MCGM/defendant.
Earlier order if any to continue till the next date.
Court is busy in other matter/Judgment.
Matter adjourned for NM arguments to 25.02.2021.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Adv BP Shukla present for plaintiff.
Adv Rawade present for MCGM/defendant.
F.R.S.R. Following order is passed-
ORDER
1. Defendant corporation is hereby directed to consider said reply and documents. Then to pass speaking order by following due process of law, within 15 days from today.
2. In the meantime defendant shall not demolish the notice structure, without following due process of law.
3. In the meantime plaintiff shall also not add or develop or enhance the notice structure in any manner.
4. After passing speaking order defendant shall give 15 days time to plaintiff to challenge it before the competent court/forum if required.
5. Plaintiff will get an opportunity to file fresh suit and fresh N/M on the basis of new cause of action subject to proposed speaking order of MMC. Hence, the suit and N/M are hereby disposed of.
6. Authenticated copy of todays roznama be given to parties, if requested.
Nature Of Disposal: OTHER
Disposal Date: 25-02-2021

NOTICE OF MOTION/100969/2020

Filing Number: 102759/2020
Filing Date: 27-02-2020
First Hearing Date: 29th February 2020
Decision Date: 25th February 2021
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE