Date: 26-03-2018
Business: HHJ is on leave. Hence today board is discharged.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-04-2018
Date: 16-04-2018
Business: HHJ is on leave. Hence today board is discharged.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-04-2018
Date: 25-04-2018
Business: Advocate Mr. Karande for the Plaintiff present.
Advocate Ms. Tondwalkar for BMC/deft present.
Advocate Mr. Patankar for applicant present.
Original Ch/s no. 363/18 alongwith affidavit in support tendered by applicant. t.o.r.
Earlier order to continue till next date.
Matter adjd to 6.06.2018 for reply to Ch/s by the Plaintiff and the Defendant/ passing no w.st order against the Defendant.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-06-2018
Date: 06-06-2018
Business: Adv Karade for the plaintiff present.
Adv Nikhal for applicant present.
Adv Tondwalkar for the def/BMC present.
Adv for plaintiff filed reply of ch/sum no.363/18 t.o.r.
KB
LO at 4.50 pm
Adv Karade for the plaintiff present.
Adv Nikhal for applicant present.
Adv Tondwalkar for the def/BMC present.
Adjourned to 08.06.2018 for reply.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-06-2018
Date: 08-06-2018
Business: Adv Dalal for the plaintiff present and filed original NM no. 1206/18 alongwith affidavit t.o.r. and also filed original ch/sum 547/18 t.o.r.s
Adv Sanjay Patonkar for the applicant present in another ch/sum.
Adv Tondwlkar for the def/BMC present and filed written statement Exh.3
Earlier order to continue till next date.
Adjourned to 09.07.2018 for NM hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-07-2018
Date: 09-07-2018
Business: Plaintiff and adv absent.
Adv Nikhal for applicant present.
Adv Tondwalkar for def/BMC present.
Adjourned to 18.07.2018 for NM hearing.
LO at 2.55 pm
Adv Karande for plaintiff present.
Earlier order to continue till next date.
Already adjourned to 18.07.2018.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-07-2018
Date: 18-07-2018
Business: Adv Dalal for plaintiff present.
Adv Tondwalkar for def/BMC present.
Adv Patankar for applicant present.
Earlier order to continue till next date.
KB
LO
F.R.S.R. following order is passed in ch/sum no.547/18
ORDER
1. Ch/sum no.547/18 is allowed in terms of prayer clause a.
2. The plaintiff to carry out necessary amendment as per the Rules.
3. Ch/sum disposed off accordingly.
By consent matter adjourned to 30.07.2018 for C/S hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 30-07-2018
Date: 30-07-2018
Business: Court is vacant. hence today board is discharged
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-08-2018
Date: 27-08-2018
Business: Court is vacant. Hence today board is vacant.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-09-2018
Date: 26-09-2018
Business: Court is busy in dictating judgment in suit no.7491/03, hearing and dictating order on draft Notice of Motion in suit no.2526/18 and Notice of Motion no.3598/18 in suit no.586/13, board is discharged and case is adjourned to 15/10/2018. Earlier order to continue till next date.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-10-2018
Date: 15-10-2018
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-10-2018
Date: 29-10-2018
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 19-11-2018
Date: 19-11-2018
Business: Court is busy in hearing Notice of Motion in stamp no.14765/18, suit no.1014/09, 1016/09, hearing and dictating order on Notice of Motion 1575/15 which is High Court expedited in suit no.948/15 and other urgent matters, hence afternoon session board is discharged and case is adjourned
Next Purpose: C/S HEARING
Next Hearing Date: 03-12-2018
Date: 03-12-2018
Business: Advocate Mr. Karande for Plaintiff present and submitted that, counsel Mr. Zuben Dalal is going to argue Chamber Summons, hence matter may be adjourned. Considering submissions, case is adjourned as a last chance.
Advocate Mr. Anand Nikhal for applicant in Chamber Summons present
Advocate Mr. Malvankar for BMC/Deft present.
Earlier order continued till next date.
Case is adjourned to 12/12/2018 for hearing of Chamber Summons.
Next Purpose: C/S HEARING
Next Hearing Date: 12-12-2018
Date: 12-12-2018
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 16-01-2019
Date: 16-01-2019
Business: Advocate Mr. Karande for Plaintiff present
Advocate Mr. Anand Nikhal for applicant present and on next date Chamber Summons will be argued.
Adv. Malvankar for BMC/Deft present.
Earlier order to continue till next date.
Case is adjourned to 01/02/2018 for hearing of Chamber Summons.
Next Purpose: C/S HEARING
Next Hearing Date: 01-02-2019
Date: 01-02-2019
Business: Advocate Ms. Karande for Plaintiff present.
Advocate Mr. Nikhal for applicant present and submitted that, matter may be adjourned as his senior advocate is going to argue the matter. For giving fair opportunity adjourned as a last chance.
Advocate for BMC/Deft present.
Earlier order to continue till next date.
Case is adjourned to 13/02/2019 for hearing of Chamber Summons.
Next Purpose: C/S HEARING
Next Hearing Date: 13-02-2019
Date: 13-02-2019
Business: Advocate Mr. Dalal for Plaintiff present.
Advocate Mr.Murti for applicant present
Advocate Mr. M. Malvankar for BMC/Deft present.
Advocate for applicant referred para no.4.7,4.9 and 4.10 of the plaint and submitted that, allegations against applicant are made in said paragraph. He submitted that, in suit no.3470/2004 applicant was Defendant along with BMC and in said suit and in para no.33 of judgment of said suit court has observed that this applicant is possessor of open plot referred in said suit, hence applicant is necessary party to this suit and therefore Chamber Summons is necessary to be allowed. It is argued that Judgment of this suit will affect rights of applicant therefore applicant is necessary party in this suit. Lastly it is argued that facts and circumstances of this case differ than the case of Mohd. Hussain Gulam Ali on the ground that in this matter earlier suit was filed and in the matter before Hon\''ble Apex Court there was no any such suit.
Learned advocate for Plaintiff argued that Judgment of Mohd. Hussain Gulam Ali Is squarely applicable to this case because in this suit legality of disputed notice is challenged and authorization of notice structure will have to be proved by Plaintiff himself and applicant has no role to play in the matter for proving authorization or un-athorization of notice structure, hence Chamber Summons is necessary to be dismissed.
Earlier order to continue till next date.
Case is adjourned to 15/02/2019 of Chamber Summons order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-02-2019
Date: 15-02-2019
Business: Advocate Mr. Karande for Plaintiff present.
Advocate Mr. Anand Nikhal for applicant present.
Advocate Ms. Tondwalkar for BMC/Deft present.
F.R.S.R. following order has passed -
ORDER
Ch/s No.363/2018 is dismissed/disposed off.
Learned advocate for Plaintiff filed draft chamber summons along with affidavit in support. Leave granted.
Earlier order to continue till next date.
Case is adjourned to 06/03/2019 for NM reply/Chamber summons reply
Nature Of Disposal: DISMISSED
Disposal Date: 15-02-2019