Mr. Vilas Waman VaityVsMCGM

Date: 23-02-2018
Business: By Precipee
Adv. Mr. S.K. Dubey for plff present.
Adv.Mr.Giri for BMC/Deft.present.
Adv. for plff tendered draft N/m.  Leave granted to register. Adv for MCGM sought time to file reply and submitted that he do not have any instructions.  Hence adjd for ad-int. hrg on 28.02.2018, till then no coercive action shall be taken by MCGM and plff shall maintain the position as per photograph page 34 of the plaint.
Next Purpose: N/M FOR AD-INTERIM
Next Hearing Date: 28-02-2018

Date: 28-02-2018
Business: Adv.Mr.S.K.Dubey for Plff.present.
He tendered registered N/m No.854/18 t.o.r.
Adv.Mr.Vardhman for applicant present.
Adv.Mr.Giri for BMC/Deft.present.
Adjd.for hearing on 14.03.2018.
The concerned officer of MCGM inspect the site and submit the Inspection report on next date.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 14-03-2018

Date: 14-03-2018
Business: Matter pertains to C.R.No.8
Adv.Mr.Mukesh Dubey h/f Adv.Mr. S.K. Dubey for plaintiff present.
Adv.Mr. Giri  for Deft./BMC present.
Earlier order, if any, to continue till next date.
Adjd to 18.04.2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 18-04-2018

Date: 18-04-2018
Business: Plaintiff and adv absent.
Adv. Mr. Giri for deft./BMC present.
Advocate Ms. Rajjak for applicant present.
Adv for applicant tendered draft ch/s t.o.r. leave granted to register returnable next date V/P filed by adv for applicant t.o.r. marked as Exh.2
Earlier order to continue till next date.
Matter adjd to 06/08/2018 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 06-08-2018

Date: 06-08-2018
Business: Adv. Mr. Dubey for plff. present and filed reply to ch/sum
no.1198/18 . It is tor.
Adv Ms. Rajjak for applicant present and tendered registered
Ch/sumns  no.1198/18.
Adjd. for rejoinder and Chamber summons hearing to 17.09.2018.
Next Purpose: REJOINDER
Next Hearing Date: 17-09-2018

Date: 17-09-2018
Business: Adv. Mr. S.K. Dubey for plaintiff present.
Adv. Mrs. Bhoir for defendant/ BMC present.
Adv. Ms. Namrata Kadam for applicant present and tendered V/P.
Vakalatnama.
Earlier order, if any, to continue till next date.
Matter adjd. to 12.11.2018  for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 12-11-2018

Date: 12-11-2018
Business: Adv S.K.Dubey for plff present.
Adv Namrata Kadam for applicant present.
Adv Mhatre h/f adv Bhoir for BMC/deft. Present.
Earlier order, if any, to continue till next date.
Adjd to 3/12/2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2018

Date: 03-12-2018
Business: Adv Mr.Mukesh Dubey for plff present.
Adv Mrs.Bhoir for deft/BMC present.
Adv Ms.Saheli for applicant present.
The deft corporation has not filed reply to the N/M till today.
On oral request time granted to file reply
Earlier order, if any, to continue till next date.
Adjd to 16/1/2019 for reply to N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-01-2019

Date: 16-01-2019
Business: Adv S.K.Dubey for plff present.
Adv Ms.Namrata Kadam for applicant present.
Adv Mrs.Bhoir for BMC/deft. present
K.B..
Later on..
Adv S.K.Dubey for plff present and tendered writ of summons. It is TOR.
Adv Ms.Namrata Kadam for applicant present.
Adv Mrs.Bhoir for BMC/deft. present.
Heard arguments of both sides.
FRSR. The following order is passed.
Order on Chamber Summons No.1198 of 2018 -
Chamber Summons No.1198 of 2018 is dismissed.
Earlier order, if any, to continue till next date.
Adjd to 15/03/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-03-2019

Date: 15-03-2019
Business: Adv. Mr. Mukesh Dubey for Plaintiff present.
Adv. Mrs. Smita Chavan h/f. Adv. Mrs. Vyavhare for Defendant/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd. to 07/06/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-06-2019

Date: 07-06-2019
Business: Plaintiff present.  His advocate is absent.
Adv. Khandagle for MCGM Def. present.
On oral request of ld adv for def., adjournment granted as a last chance.
Earlier order, if any, to continue till next date.
Adjd to 22.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: (Incharge Court of C.R. No.8)
Adv. Mukesh Dubey for Plaintiff present.
Adv. Khandagle for Defendant /MCGM present.
Earlier order, if any, to continue till next date.
Adjd. to 28/08/2019 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: (Incharge Court of C.R.No.8)
Adv. Mr. Mukesh Dubey for Plaintiff present.
None for Defendants.
Earlier order, if any, to continue till next date.
Adjd to 06.11.2019 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Plaintiff present.
Adv. Mukesh Dubey  for plaintiff present.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd to 17-01-2020 for N/M Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: (Incharge Court of C.R.No.8)
Adv. Mr. Mukesh Dubey for Plaintiff present.
None for Defendant/MCGM.
Earlier order, if any, to continue till next date.
Matter adjd. to 02.03.2020  for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Adv.Mukesh Dubey for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
 Matter adjd to 17.06.2020  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Adv. Mukesh Dubey h/f Adv. S. K. Dubey for plaintiff present.
Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM No.854/18. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 09/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Adv. Mukesh Dubey h/f Adv. S. K. Dubey 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 02/07/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: CORAM  H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. NO.08)
Adv. Mukesh Dubey h/f. Adv. S.K. Dubey for Plaintiff is present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. to 13/10/2021 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: As Court is busy in hearing urgent Ad-interim matter and dictating orders on   Ad-interim reliefs of CR NO.08 and CR NO.11,  board is discharged and matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. To 10/12/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Adv Mukesh Dubey for Plaintiff present.
Adv Mrs Mhatre h.f. Adv. Tondwalkar for defendant / 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 is adjd to 23/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: Plaintiff is present.  His advocate absent.
Adv. Mrs. Tondwalkar for Defendant/MCGM is 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.
Adjd. to 06/04/2022 for NM reply.
L.O. at 3.15 p.m.
Adv S.K. Dubey for plaintiff present.
Adjd. to 06/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: CORAM  H.H.J. SHRI A.G. SANTANI, (C.R.NO.11)
(Matter pertains to C.R. No.04)
Adv. Mukesh Dubey h.f. Adv. S.K. Dubey for Plantiff present.
None for Defendants.
Earlier order, if any, to continue till next date.
Adjd. To 29/06/2022  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Adv. Mukesh Dubey h/f Adv. S. K. Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 19/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. Mukesh Dubey h/f Adv. S. K. Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 03/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Adv. Mukesh Dubey h/f Adv. S. K. Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 02/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: Adv. Mukesh Dubey h/f Adv. S. K. Dubey 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 05/12/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: Court is busy in dictating judgment in Suit No.2113/2018. Hence, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 03/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-02-2023

Date: 03-02-2023
Business: Adv. Mukesh Dubey h/f Adv. S. K. Dubey for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present and submitted that N/M reply is ready and he will file N/M reply on next date. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 01/03/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2023

Date: 01-03-2023
Business: As 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 12/06/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: Matter pertains to C.R. No.04.
Plaintiff present, his adv. absent.
Adv. Suryavanshi for  deft./M.C.G.M. present.
Earlier order, if any, to continue till next date.
Adjd. to 02/08/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: Advocate Mukesh Dubey 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  04.09.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2023

Date: 04-09-2023
Business: CORAM H.H.J. SHRI. A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
Adv. Mr. Dubey h/f. Mr. S. K. Dubey for plaintiff present
Adv. Mr. Suryavanshi for defendant/BMC present
Earlier order, if any, to continue till next date
Adjd. to 6/10/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: Advocate Mukesh Dubey 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 13.12.2023    for  NM Reply by BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: As Court is busy in dictating NM Orders and ad-interim hearing, board discharged and matter is adjourned.
Earlier Order, if any, to continue till next date.
Adjd. to 23/02/2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: As Court is busy in hearing Ad-interim, NM hearing, dictating NM order and ad-interim order, Board discharged and matter adjourned.
Earlier order, if any, to continue till next date.
Adjd  to  22.03.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: Matter pertains to C. R. No. 4
Advocate Mukesh Dubey h/f S. K. Dubey  for plaintiff present.
Adv. Suryavanshi for Defendants/BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 29.04.2024  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: As Court is busy in HCTB Suit No. 875/12 to 887/12, Board is discharged, hence matter adjourned.
Earlier order, if any, to continue till next date.
Adjd  to 28.06.2024    for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2024

Date: 28-06-2024
Business: Advocate  Mukesh Dubey for plaintiff present.
Advocate Botlaware    for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as suit is of year 2018.
Earlier order, if any, to continue till next date.
Adjd  to 09.08.2024 for NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2024

Date: 09-08-2024
Business: Plaintiff and his Adv. Mukesh Dubey for plaintiff present.
Advocate Botlawar 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 2018 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 18.09.2024 for NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2024

Date: 18-09-2024
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Botlawar for defendant/BMC present and seeks time to file reply to NM.
However on previous date time was granted as a last chance and conditional order was passed but inspite of that deft/BMC did not filed reply. Hence NM to proceed without reply of deft/BMC.
Earlier order, if any, to continue till next date.
Adjd  to 04.11.2024   for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2024

Date: 04-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Mukesh Dubey for plaintiff present.
Advocate Sujata Puri  for defendant/BMC present.
Heard argument of both sides on NM.
Earlier order, if any, to continue till next date.
Adjd  to 22.11.2024  for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 22-11-2024

Date: 22-11-2024
Business: CORAM: H.H.J. SHRI. R. M. MISHRA (COURT ROOM No.05)
Matter pertains to C. R. No. 4
Advocate Mukesh Dubey for plaintiff present.
Adv. Sujata Puri for defendant/BMC present
Earlier order, if any, to continue till next date.
Adjd  to  06.12.2024 for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 06-12-2024

Date: 06-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Mukesh Dubey  for plaintiff present.
Advocate   Honmane  for defendant/BMC present.
F.R.S.R Following order is passed in Notice of Motion No. 854/2018.
ORDER
1]	Defendant B. M. C. is hereby temporarily restrained from	enforcing notice dated 19/9/2016 under Section 354A of The	Mumbai Municipal Corporation Act and Speaking Order dated	20/11/2017 till decision of suit.
2]	Notice of Motion No.854/2008 is disposed of accordingly.
Writ of summons Exh. 4 has been served upon BMC on  31.03.2018. The statutory period for filing WS is over but BMC has not filed WS. Hence suit to proceed without WS. Hence matter adjourned for recording evidence.
Adjd  to 03.03.2025   for R.E. ( Without WS)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-03-2025

Date: 03-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
The plaintiff is present in person. Adv. Mr. Mukesh Dubey for the plaintiff is present and sought time to lead evidence. Time is granted. Adv. Ms. Sujata Puri for defendant/MCGM is present.
Adjourned for RE. (No WS) to 11.06.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-06-2025

Date: 11-06-2025
Business: P. O. is on leave. Hence, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-07-2025

Date: 16-07-2025
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-09-2025

Date: 12-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
The plaintiff is present in person.
Adv. Mr. Mukesh Dubey  h/f Adv. Mr. S.K. Dubey  for the plaintiff is present and sought time for filing evidence affidavit. Time is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for filing evidence/R.E.to 29.10.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-10-2025

Date: 29-10-2025
Business: P. O. is on leave. Hence, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-12-2025

Date: 10-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Mukesh Dubey for the plaintiff is present and requested time to file evidence affidavit.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for filing evidence/R.E.to 02.02.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-02-2026

Date: 02-02-2026
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and filed examination chief affidavit (Exh-04). O-Filed.
He also filed list of document(Exh-05). O-Filed.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for Marking of Document to 20.03.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-03-2026

Date: 20-03-2026
Business: P. O. is on leave. Hence, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-06-2026

Date: 11-06-2026
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-07-2026

Date: 23-07-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Mukesh Dubey  for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for exhibiting of document/RE.to 23.09.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-09-2026

NOTICE OF MOTION/100854/2018
CHAMBER SUMMONS/101198/2018

Registration Number: 100567/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 103006/2018
Filing Date: 22-02-2018
First Hearing Date: 19th April 2018
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE