B. Roopchand EnterprisesVsDesignated Officer +1 more

Date: 08-03-2019
Business: Adv. Mr. P.D. Gandhy for Plff present and tendered draft N/M alongwith affidavit.
O. - Leave is granted to register the N/M.
Adv. Mr. Kumawat for MCGM/Deft present and filed reply to ad-interim.  t.o.r.
Copy is served to otherside.
Order on ad-interim relief
Perused plaint, N/M, documents annexed to the plaint and heard both parties.  Proceeding u/s.351 of MMC Act is under challenge. Ld. Adv. for Plff submits that the Plff has filed application for regularization of disputed structure to building and proposal department of Deft/MCGM. Ld. Adv. for Deft concedes that such proposal is pending but he states that it is not for regularization.  Therefore, once the Plff has submitted application for regularization to Deft/MCGM, it will be in the interest of justice not to take any coercive action against dispute structure till the same is decided on merits by Deft/MCGM.  Hence, ad-interim relief in terms of prayer clause(a) is granted till the application of regularization of Plff is decided by the Deft/MCGM.  The latter is directed to decide the same on merits without being influenced by this order expeditiously.
Adjd to 11/4/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-04-2019

Date: 11-04-2019
Business: Adv. Ms. Indira Labde for Plff present and tendered original registered N/M No.1495/19 alongwith affidavit.
Adv. Mrs. Mhatre h/f Adv. Mrs. Vyavhare for MCGM/ deft. present
Earlier order, if any, to continue till next date.
Adjd to 11/7/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-07-2019

Date: 11-07-2019
Business: Adv. Hardik Desai for plaintiff present and filed application at Exh. 2 and list of documents at Exh. 3.
None for defendants.
Kept back.
Order on Exh. 2.
By instant application, Ld. Adv. for the plaintiff has pointed out that despite of ad-interim relief in favour of plaintiff on 08.03.2019, the officers of defendant/MCGM have arrived on the suit site relying upon letter dtd. 17.05.2019 (whereby regularization proposal of the plaintiffs was rejected.)  He has filed photocopy showing online status of regularization application of the plaintiffs which does not reflect order dtd. 17.05.2019 and according to ld. Adv. for plaintiffs the proposal is still shown as pending.  After careful reading of order dtd. 08.03.2019 the defendant MCGM was directed not to take any coercive action against disputed structure till the regularization proposal was decided on merits.  From the document filed by the plaintiff in the form of online status of proposal there is no rejection of proposal on merits.  The order dtd. 08.03.2019 is still effective and the same is reiterated as follows.  The defendant MCGM shall not take any coercive action against the dispute structure till regularization proposal is decided on merits.
Authenticated copies be given to the both parties.
Adjd to 07.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Adv. Kaustubh Patil h/f Adv. P. D. Gandhi for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for def., adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 06.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Adv.  Hardik Desai    for plaintiff present.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 31-01-2020  for N/M Reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Adv.V.Kankriya h/f adv. P.D.Gandhi for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
On oral request of advocate for Defendant, adjournment granted as last chance.
Matter adjd to 23.03.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020

Date: 22-04-2020
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 REPLYREJOINDER
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: due to lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: (Matter pertains to C.R.No.8)
Adv. Mr. P.D. Gandhy for Plaintiff present.
None for Defendant/MCGM.
Earlier order, if any, to continue till next date.
Matter adjd to 19/03/2021 for reply to NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Adv. Indira Labde h/f Adv. P. D. Gandhy for plaintiff present.
Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 16/06/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: CORAM  H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
Adv P.D. Gandhy for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 18/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: As per office Order No.213/2021 dated 12/10/2021, holidays are declared on 16/10/2021 and 18/10/2021. Hence, board of dated 18/10/2021 is discharged and mater is adjourned to 27.11.2021.
Earlier order, if any, to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Adv. Hardik Desai for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 21/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: Matter pertains to C.R. No.08
Adv. Hardik Desai for Plaintiff present.
None for defendant / MCGM.
Earlier order, if any, to continue till next date.
Adjd. to 30/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: As Court is busy in dictating orders in NMs in other Suits, hence board is discharged and matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. To   10/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Adv. Tejas Shah for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and seeks time to file reply. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 29/07/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: Adv. Indira Labde for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 16/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Adv. Hardik Desai for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date. Earlier order, if any, to continue till next date.
Adjd. to 14/11/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: CORAM H.H.J.SHRI A.G. SANTANI(COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Adv. Krushi Verma i/b M/s P. D. Gandhi and Associates for plaintiff present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 16/12/222 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Adv. Hardik Desai for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 16/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: Court is busy in urgent N/M and ad-interim hearing, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 13/04/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-04-2023

Date: 16-02-2023
Business: Court is busy in urgent N/M and ad-interim hearing, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 13/04/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: Adv.Rurshi Verma I.b. Adv. P.D. Gandhi for plaintiff present.
Adv. Mr. Suryavanshi h.f. Adv. Ms. Mhatre for defendant / BMC is present and requested for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 20.07.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Advocate Shantanu Sharma h/f Hardik Desai for plaintiff present.
Advocate Mhatre h/f Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd to 13.09.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Advocate Hardik Desai h/f P. D. Gandhy for plaintiff present and submitted that matter is for NM Reply but shown in NM Hearing.
Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Granted.
Earlier order, if any, to continue till next date.
Adjd  to 10.11.2023  for  NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2023

Date: 10-11-2023
Business: Matter pertains to C. R. No. 4
Advocate  Hardik Desai  i/b M/s. P.D. Gandhy Associates for plaintiff present.
None present for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to  10.01.2024  for  NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: Advocate Pratik Dindokar h/f P. D. Gandhy for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd  to 11.03.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: CORAM: H.H.J. SHRI. R. M. MISHRA (COURT ROOM No.05)
Matter pertains to C. R. No. 4
Advocate P.G. Chudasama for plaintiff present.
Adv Suryavanshi for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to 14.06.2024  for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: Advocate Hardik Desai for plaintiff present.
Advocate  Vyawahare  for defendant/BMC present and seeks time to file reply to NM. Time is granted
Suit is of 5 years old  and since long it is pending for reply of BMC. However in the interest of justice time is granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd  to  09.08.2024   for NM REply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2024

Date: 09-08-2024
Business: Advocate Hardik Desai h/f P.D. Gandhy for plaintiff present.
Advocate  Honmane  for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance as suit is of year 2019 with condition that if corporation failed to file reply necessary order will be passed.
Earlier order, if any, to continue till next date.
Adjd  to 25.09.2024  for NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: Advocate Hardik Desai h/f P. D. Gandhy for plaintiff present.
Advocate Honmane for defendant/BMC present and tendered reply to NM No. 1495/2019 and list of document Exh. 5. copies is supplied to Adv for plaintiff.
adv for plaintiff requested to keep the matter for rejoinder
Earlier order, if any, to continue till next date.
Adjd  to  18.10.2024  for NM Reply /rejoinder
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Vaz a/w Hardik Desai  h/f P. D. Gandhy for plaintiff present and requested time to file rejoinder.
Advocate  Honmane   for defendant/BMC present.
Earlier order, if any, to continue till next date.
Plaintiff to serve writ of summon on next date.
Adjd  to 13.12.2024     for rejoinder affidavit and service of writ of summons.
Next Purpose: REJOINDER
Next Hearing Date: 13-12-2024

Date: 13-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Hardik Desai for plaintiff present and requested time to file rejoinder and writ of summons.
Advocate  Sujata Puri   for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to  15.01.2025  for filing rejoinder and service of writ of summons.
Next Purpose: REJOINDER
Next Hearing Date: 15-01-2025

Date: 13-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Hardik Desai for plaintiff present and requested time to file rejoinder and writ of summons.
Advocate  Sujata Puri   for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to  15.01.2025  for filing rejoinder and service of writ of summons.
Next Purpose: REJOINDER
Next Hearing Date: 15-01-2025

Date: 15-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to file reply/rejoinder. Hence, it is posted for NM dismissal. Adv. Ms. Sangita Honmane for defendant/MCGM is present. Earlier order, if any, to continue till next date.
Adjourned for  NM dismissal to 15.02.2025
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 15-02-2025

Date: 15-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Ravindra Singh h/f Adv. Mr. Hardik Desai for the plaintiff is present. On his request, caption is changed. He filed reply rejoinder in NM. Taken on record. O- Filed. Copy is supplied to other side. Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present. Earlier Order, if any, is continued till next date.
Adjourned for NM hearing to 24.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2025

Date: 24-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Sunita Chavan h/f Adv. Mr. Hardik Desai for the plaintiff is present and sought time to file written submissions on NM. Time is granted. Adv. Mr. Swapnil Bharti for defendant/MCGM is present. Earlier Order, if any, is continued till the next date.
Adjourned for written submissions on NM to 26.06.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2025

Date: 26-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
Adv. Mr. Vrunda Surve h/f Adv. Mr. P. D. Gandhy  for the plaintiff is present. Adv. Ms. Rupali Patil h/f Adv. Mr. Honmane for defendant/MCGM is present.
Both Advocate sought time to file written submissions on NM. Time is granted strictly as a last chance.
Earlier Order, if any, is continued till the next date.
Adjourned for written submission on NM.to 18.07.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2025

Date: 18-07-2025
Business: CORAM : H.H.J. SHRI R. V. BHAKTA (C.R. No. 06)
(Matter Pertain to C. R. No. 04)
Adv. Mr. Hardik Desai for the plaintiff is present.
Earlier Order, if any, is continued till the next date.
Adjourned for written submission on NM. To 26-09-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2025

Date: 26-09-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Mr. Hardik Desai  for the plaintiff is present.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for written submissions on NM .to 03.11.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2025

Date: 03-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Ms. Pushpa Thapa h/f Adv. Mr. P.D. Gandhy   for the plaintiff is present and requested for adjournment.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing .to 01.12.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2025

Date: 01-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Hardik Desai a/w Adv. Sunita Dubey for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 16.01.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2026

Date: 16-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Mr. Gaurav Gandhi h/f Adv. Hardik Desai  for the plaintiff is present and filed application for adjournment on medical ground. Taken on record. It is marked as Exhibit 6. O- Granted.
None for defendant/MCGM
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to  16.02.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2026

Date: 16-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Neha Pandey h/f Adv. Mr. Desai  for the plaintiff is present and seeking time to argue NM. O- Granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 13.03.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2026

Date: 13-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Later on at 3.03 pm
Adv. Hardik Desai for the plaintiff is present
As Court is busy in High Court Time Bound suit and other urgent order and hearing. Hence matter adjourned.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 22.04.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2026

Date: 22-04-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Hardik Desai for the plaintiff is present and seeks time to argue NM. O-Time is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing .to 10.07.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2026

Date: 10-07-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Hardik Desai for the plaintiff is present  and seeks time for argument in NM. O-Last chance is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 21.08.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2026

Date: 21-08-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Hardik Desai  for the plaintiff is present.
Adv. Rupali Patil h/f Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
As Court is busy in High Court Time matter, NM Order and miscellaneous order and having charged of C.R. No. 11. Hence matter adjourned.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 11.09.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2026

Date: 11-09-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Neil Rathod for the plaintiff is present and seeks time to argue on NM. O- Time is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 09.10.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2026

NOTICE OF MOTION/101495/2019

Registration Number: 100617/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 102894/2019
Filing Date: 07-03-2019
First Hearing Date: 08th March 2019
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE