Shri Rupesh PawarVsMCGM +3 more

Date: 20-04-2018
Business: Plff present and advocate absent.
Adv Mr. Giri for BMC / deft no. 1 present.
Issue writ of summons to the defts. For filing written statement and settlement of issue on payment of necessary process fees.
Adjd. For written of summons 13.08.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-08-2018

Date: 13-08-2018
Business: Adv for plff present.
Adv Giri for BMC/deft present.
Adv for plff tendered original writ of summons.
Adjd to 31/08/2018 for filing w.s.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 31-08-2018

Date: 31-08-2018
Business: Plaintiff present. Advocate absent.
Adv. Mhatre  for defendant no. / BMC present.
On oral request of Adv. for BMC, adjournment granted.
Matter adjd. to 22.10.18 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-10-2018

Date: 22-10-2018
Business: Plaintiff present. Advocate absent
Adv. Mhatre for defendant no. / BMC present.
Matter adjd. to 17.12.18 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-12-2018

Date: 17-12-2018
Business: Adv Joshi for plff present.
Adv Mrs.Bhoir for BMC/deft. present
Adjd to 21/12/2018 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-12-2018

Date: 21-12-2018
Business: As court is on leave today, hence Board is discharged.
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-02-2019

Date: 06-02-2019
Business: Plff present. Adv Ms.Dissa for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Draft ch/sum @ affidavit tendered by plff. It is TOR
Order - Leave is granted to register the ch/sum.
Order on draft ch/sum -
Perused the contents of the chamber summons, reply filed by the defendant corporation on the overleaf of the chamber summons and heard both parties. The plaintiff is seeking amendment in plaint to make averrments in respect of legality of suit structure  and to add prayers in the plaint. The defendant corporation has objected the proposed amendment on the ground that certain documents are referred again and said amendment cannot be allowed as the plaintiff has remedy to file fresh suit after change of cause of action.
Upon perusal of plaint and proposed amendment, it cannot be said that the said amendment is sought on different cause of action. The plaintiff merely wants to add alternative prayers. Issues are not yet framed in this suit. The matter was fixed for written statement of the defendant. Therefore, it is clear that the chamber summons is filed before commencement of hearing. As such the same is liable to be granted. Hence, draft chamber summons is granted and made absolute in terms of prayer clause (a).
Plaintiff is directed to carryout amendment accordingly on or before next date.
Draft chamber summons be register for statistical purpose.
Adjd to 5/04/2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: Plff present and his Adv. absent.
Adv. Mr. Bipin Joshi for applicant present and tendered registered (disposed off) Ch/s No.326/19 alongwith affidavit.
Adv. Mrs. Bhoir for MCGM/deft. present.
Adjd to 10/7/2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-07-2019

Date: 10-07-2019
Business: None for plaintiff.
Adv. Khandagle h/f Adv. Ms. Patil for MCGM/Deft. present.
On oral request of ld adv for def., adjournment granted as a last chance.
Adjd to 24.09.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Adv. D\''sa for plaintiff is present.
Adv. Patil h/f Adv. Mrs. R.M. Hazare for Deft /MCGM present.
Plaintiff is directed to register draft N/M on or before next date.
Adjd to  15-10-2019 for NM Service and reply.
Next Purpose: SERVICE
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Business: Adv. P.B. Joshi for plff. Present and tendered registered N/M No.3776/19 alongwith supporting affd. t.o.r.
Adv. Patil for MCGM/Deft. present.
On oral request of advocate for plff., adjournment granted.
Adjd to 28.11.2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: As court is on Leave.
Board is Discharged.
Matter is adjd to 19/12/2019 for NM Reply Rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Adv.  P. B. Joshi for plaintiff present.
Adv. Mrs. D.D. Patil for Deft/MCGM present and filed reply to N/M. Copy served to other side.
Adjd to 13-02-2020  for N/M hearing .
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Adv.Ms.Joshi for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
On oral request of advocate for plaintiff, adjournment granted as last chance.
 Matter adjd to 09.04.2020   for NM heairng.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020

Date: 21-04-2020
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: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Business: Adjd to
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: 14-01-2021

Date: 14-01-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv. Ankita Jain h/f Adv. Bipin Joshi for plaintiff present and requests for time to aruge the NM No.3776/19. Time is granted till next date.
Adv. Ms. Smita Chavan for deft/MCGM present.
Matter adjd to 18/03/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: Adv. Vedanshi Shah h/f Adv. Bipin Joshi for plaintiff present and requests for time to argue the NM No.3776/19. Time is granted till next date.
Adv. Ms. Smita Chavan for deft/MCGM present.
Matter adjd to 01/04/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: Adv. Ankita Jain h/f Adv. Bipin Joshi for plaintiff present and requests for time to argue the NM No.3776/19. Time is granted till next date.
Adv. Ms. Smita Chavan for deft/MCGM present.
Matter adjd to 04/05/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Reason For Adjournment: Adjourned due to Covid-19
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: 02-09-2021

Date: 02-09-2021
Business: Adv Sakshi Agrawal h/f Adv Bipin Joshi for plaintiff present and requests for time to argue on NM. Time is granted till next date.
Adv Mrs Rawade for defendant / MCGM present.
K.B.
L.O. at 4.00 p.m.
Adv Sakshi Agrawal h/f Adv Bipin Joshi for plaintiff present and requests for time to argue on NM. Time is granted till next date.
Adv Mrs Rawade for defendant / MCGM present.
Adjd. To 09/09/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Plaintiff present. His advocate absent.
Adv Mrs Rawade for defendant / MCGM present.
K.B.
L.O. at 3.20 p.m.
Adv Priya Laud for plaintiff present.
Adjd. To 07/10/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Adv Vedanshi Shah h/f Adv Bipin Joshi for plaintiff present.
Adv Mrs Rawade for defendant / MCGM present.
Adjd. To 18/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Adv. Vedanshi Shah h.f. Adv. Bipin Joshi for Plaintiff present and seeks time to argue on NM. Time is granted till next date.
Adv Mrs Rawade for defendant / MCGM present.
Matter is adjd to 18/01/2022 for  NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: 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.
Matter is adjd to 15/02/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: Adv Vedanshi Shah h/f Adv Anushka Shresti for plaintiff present and requests for time to argue on NM.
Time is granted till next date.
Adv Mrs Rawade for defendant / MCGM present.
Adjd. to 05/04/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: HHJ is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: Adv P.B. Joshi h/f Adv Bipin Joshi for plaintiff present.
Adv Mrs Rawade for defendant / MCGM is present.
K.B.
L.O. at 5.20 p.m.
Same appearance.
Due to paucity of time, matter is adjourned till next date.
Adjd. To 05/05/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: As Court is busy in dictating judgment in Suit Nos.5253/2012 and 2435/2013, board is discharged.
Adjd. To 18/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2022

Date: 18-06-2022
Business: P.O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: Adv. P.B. Joshi for Plaintiff present.
Adv Mrs Rawade for defendant / MCGM is present.
K.B.
L.O.
Rest of the same appearance.
Heard argument of Ld. Advocate for Plaintiff on NM.
On oral requested advocate of Defendant/BMC to argue on NM, matter is adjourned till next date.
Adjd. to 04/08/2022 for Defendants argument on NM.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Adv. P. B. Joshi for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 11/08/2022 for N/M hrg. P/H.
Next Purpose: NM  P.H.
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Adv. Siddhant Singh h/f Adv. Bipin Joshi for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC is present and requested time to argue on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 08/09/2022 for defendant\''s hrg. on N/M.
Next Purpose: NM  P.H.
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: Adv. Sakshi Agarwal for plaintiff present
Adv. Mrs. Rawade for defendant/ BMC is present and requested time to argue on N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 13/09/2022 for N/M hrg. by defendant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Adv. P. B. Joshi for plaintiff present.
Plaintiff is also present.
Adv. Mrs. Rawade for defendant/ BMC is present and requested time to argue on N/M. Time is granted till next date as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 17/09/2022 for N/M hrg. (P/H) (morning session).
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Adv. P. B. Joshi for plaintiff present.
Plaintiff is also present.
Adv. Mrs. Rawade for defendant/ BMC is present.
Heard further arguments of Adv. for plaintiff on N/M No.3776/2019.
Heard arguments by defendant/ BMC on N/M No.3776/2019.
Adjd. to 04/10/2022 for order on N/M No.3776/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Court is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-10-2022

Date: 08-10-2022
Business: Adv. P.B. Joshi for plaintiff present. Plaintiff is also present.
Adv. Rawade for defendant/ BMC is present.
F.R.S.R. following order is passed on NM No. 3776/2019 -
ORDER
1. Notice of Motion No. 3776/2019 is dismissed.
Adjd. to 13/12/2022  for W.S.
L.O.
Advocate for plaintiff tendered application for stay of order, t.o.r. and marked as Exh.2. O - Other side to say.
Advocate for defendant/BMC has given say on Exh.2 overleaf.
K.B.
After recess.
Plaintiff present. His advocate is absent.
Adjd. to 11/10/2022 for hearing on Exh.2.
Next Purpose: HEARING
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv. P. B. Joshi for plaintiff present.
Plaintiff is also present.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant/ BMC is present.
Exh.2 is not pressed by Adv. for plaintiff.
Adjd. to 13/12/2022 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ BMC is present and requested time to file W/S. Granted.
Adjd. to 27/01/2023 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: As Court is on leave, board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-02-2023

Date: 28-02-2023
Business: None for plaintiff.
Adv. Mrs. Mhatre for defendant/ BMC is present.
Suit is of year 2018. Adv. for corporation submitted that reply to N/M be treated as W/S and marked as Exh.3.
Adjd. to 18/07/2023 for hearing on issues and draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: None present for plaintiff.
Advocate Mhatre for defendant/BMC present.
Adjd to 19.08.2023   for Framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
As Court busy in hearing NM and recording evidence. Due to paucity of time matter adjourned.
Adjd to 21.10.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: None present for plaintiff
Advocate Mhatre h/f suryavanshi /BMC present.
Exh. 4 issues are framed.
Adjd to 16/12/2023 for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-12-2023

Date: 16-12-2023
Business: As PO is on training at Uttan, matter is adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Issues are framed on 21.10.2023 but matter is wrongly shown under the caption of framing of issue. Hence matter adjourned and kept for evidence.
Adjd  to 28.03.2024  for list of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: None present for plaintiff.
Advocate  Mhatre for defendant/BMC present.
Adjd  to 18.06.2024  for plaintiff  evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2024

Date: 18-06-2024
Business: None present for plaintiff
Advocate Metakari    for defendant/BMC present.
Adjd  to 11.07.2024 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: None present for plaintiff
Advocate Metakari for defendant/BMC present.
Issues are framed on 21.10.2023 and since then matter repeatedly adjourned for evidence of plaintiff but plaintiff did not lead evidence. Today none present for plaintiff, hence matter adjourned and kept for dismissal of suit for want of prosecution.
Adjd  to 17.08.2024 for dismissal of suit
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: Court is on leave
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: PO is on leave, hence board is discharged and matter is adjourned
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 05-10-2024

Date: 05-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff.
Adv. Nagarthawar for defendant/BMC present– N Ward
Order below Exh. 1
  When called repeatedly till 1.30 p.m. neither plaintiff nor his Adv present.  The suit is of year 2018 and issues are framed on 21.10.2023 and thereafter matter repeatedly adjourned for plaintiff’s evidence. However roznama shows that neither plaintiff nor his Adv remains present. Hence on 11.07.2024 matter was adjourned to 17.08.2024 for dismissal of suit. Thereafter matter adjourned to 21.09.2024 but inspite of that none appeared for the plaintiff. This shows that plaintiff is not interested to proceed with the suit. Hence I pass following order.
ORDER
Suit is dismissed for want of prosecution under Order IX Rule 8 of Civil Procedure Code.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 05-10-2024

CHAMBER SUMMONS/100326/2019
NOTICE OF MOTION/103776/2019

Registration Number: 100600/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 102786/2018
Filing Date: 16-02-2018
First Hearing Date: 20th April 2018
Decision Date: 05th October 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE