M/s. Hasmukhrai and Co.VsMCGM

Date: 14-03-2019
Business: (By preceipe).
Adv. Mr. Abhijit Kadam with Mr. J.K. Shah for Plff present and tendered draft N/M alongwith affidavit.
O. - Leave is granted to register the N/M.
Adv. Mrs. Vyavhare for MCGM/deft present.
Heard arguments of both sides on ad-interim relief.
Adjd to 15/3/2019 for order on ad-interim relief.
Next Purpose: ORDER
Next Hearing Date: 15-03-2019

Date: 15-03-2019
Business: Adv. Mr. J.K. Shah for Plff present.
Adv. Mrs. Smita Chavan for MCGM/deft present.
Order on ad-interim relief on draft N/M filed on 14/3/2019
Perused contents of N/M, plaint, documents annexed thereto, documents filed by Deft and heard arguments advanced by both sides.  It is prayed that temporary injunction be granted against deft/MCGM restraining it from evicting the plaintiff from the suit premises till suitable new commercial premises of appropriate dimension is provided to him within the existing lay out on plot CTS No.552 at Village Chembur in lieu of existing suit premises and directing the deft/MCGM not to take coercive action with respect to its allotment letter dt.18/2/2019 and deposit letter dt.8/2/2019 till suitable new commercial premises as mentioned above is given to the Plff.
I have heard Ld. Adv. for Plff who has taken me through relevant circulars of Deft/MCGM dt. 23/3/2011 and 1/11/2012 alongwith documents filed by the Plff such as annexure II, IOD issued by Deft/MCGM. He has vehemently argued that the developer has not provided permanent alternate accommodation to the Plff and he is trying to evict the Plff by using the Deft/MCGM as a tool.  He has also pointed out that adjoining shop owners have instituted various suits for same relief and interim protection is granted to them.
Ld. Adv. for Deft/MCGM has invited my attention to the fact that the Plff is declared eligible for permanent alternate accommodation, the same allotted to him but he wants such accommodation in the same plot of land.  She has also inform that the interim relief granted to other shop owners is vacated by this Court and appeals against that order in the Hon\''ble High Court are also dismissed.
After going through the record, the suit premises is required for road widening which is a public project.  The Plff has not made the developer party to this suit.  His main grievance is against the said developer.  He is declared eligible for permanent alternate accommodation. The Civil Court cannot direct Deff/MCGM to allot specific premises as permanent alternate accommodation. It is also important to note that some of the stall holders have filed writ petition (L) No.3312/18 before Hon\''ble Bombay High Court seeking reliefs against Deft/ MCGM, the societies and developers. The interim protection granted to other stall holders is vacated by this Court.  Therefore the Plff cannot seek parity on the said ground.  As such, this is not a fit case to grant ad-interim relief in terms of prayer clauses (a) and (b).  Hence, the same is rejected.
Plff is directed to register draft N/m. on or before next date.
Authenticated copy be given to the both parties.
Adjd to 10/6/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2019

Date: 10-06-2019
Business: None for plaintiff.
Adv. Khandagle for MCGM/Def. Present.
Plaintiff is directed to tender original NM on or before next date.
On oral request of ld adv for def., adjournment granted as a last chance.
Adjd to 24.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: Adv. J. K. Shah for plaintiff and tendered original registered NM No. 1634/19 with affidavit. TOR.
Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for def., adjournment granted.
Adjd to 16.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Adv. Malhotra for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of Ld. Adv. for defendant, adjournment is granted.
Adjd to 11/12/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: None for plaintiff.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Adjd to 03-04-2020  for N/M reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020

Date: 17-04-2020
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: 28-05-2020

Date: 28-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2020

Date: 29-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Adv. Archit Malurakar h/f Adv. J. K. Shah for plaintiff present.
Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Matter adjd to 09/06/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-06-2021

Date: 09-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: H.H.J. is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: HHJ is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: Mr. Vikas Dhudkar, representative of Plaintiff\''s present. Advocate for Plaintiff\''s absent.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Matter be placed before Nation Lok-Adalat will be held on 11/12/2021 at 10.00 a.m.
Issue notice to Plaintiff\''s and their advocate to remain present before Nation Lok-Adalat will be held on 11/12/2021 at 10.00 a.m.
Matter is adjd to 11/12/2021 for National Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-12-2021

Date: 11-12-2021
Business: NATIONAL LOK-ADALAT HELD ON 11.12.2021 (PANEL NO.3)
Plaintiff absent.
Adv. Ms.Tondwalkar for BMC present.
As plaintiff is absent , matter could not be settled.
Matter is adjd to 21.12.2021.
HHJ. Smt.S.S.Nagur     Adv. Ms.Kalpana Kanere         Adv. Ms. Supriya Jadhav
      Panel Head                     Panel Member                         Panel Member
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: Adv. Tanmay Rane for plaitniff present.
Adv. Chavan for MCGM present and on her oral request, time is granted for filing replyto NM.
Matter is adjd to 14/3/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 15/06/2022 for NM reply.
L.O. at 3.15 p.m.
Adv Sakshi Gupta I/b Adv J.K. Shah for plaintiff present.
Already adjd. To 15/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: H.H.J. is on leave today.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Sakshi Gupta h/f Adv. J. K. Shah 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.
Adjd. to 26/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: Adv. Murtuza for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Adv. for plaintiff opposed adjournment and submitted that time may be granted till next date as a last chance. Hence, time is granted till next date.
Adjd. to 18/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: Adv. Pooja Shah i/b R. J. Law for plaintiff present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adjd. to 16/01/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: As Court is busy in urgent N/M hearing, board is discharged.
Adjd. to 10/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: Adv. Sunil Yadav h/f Adv. J. K. Shah for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Adjd. to 17/04/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Ms. Shah h/f. Mr. J. Shah for plaintiff present
Adv. Mr. Suryavanshi for BMC present and requested time to file N/M reply-Granted
Adjd. to 28.8.2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: Advocate Omkar Sawant h/f Shah for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Hence, time is granted.
Adjd to 06.10.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: Advocate Omkar Sawant h/f Shah for plaintiff present.
Advocate Mhatre h/f Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adjd  to 22.01.2024    for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: As court is busy in Judgment in Suit No. 2251/14 and other hearing urgent matters, Board is discharged, hence matter adjourned.
Adjd  to 27.03.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: As Court is busy in hearing ad-interim matters and dictating ad-interim order, board is discharged. Hence matter adjourned.
Advocate  Suryavanshi for defendant/BMC present.
Adjd  to 26.06.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: As Court is busy in urgent Ad-interim and NM Hearing matters, Board is discharged, hence matter adjourned.
Adjd  to 19.08.2024  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2024

Date: 19-08-2024
Business: Advocate Govind Munde i/b R. J. Law  for plaintiff present.
Advocate Honmane for defendant/BMC present and seeks time to file reply to NM. Suit is five years old, hence time  granted as a last chance
Adv for deft/BMC requested longer date to file reply.
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 Mohit h/f J. K. Shah 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.
Adjd  to  11.10.2024  for NM Reply and service of writ of summons .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2024

Date: 11-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate  Govind Munde i/b R.J.law for plaintiff present.
Advocate  Honmane  for defendant/BMC present and seeks time to file reply to NM stated that instructions are not received
The suit is of year 2019 ie five years old and already sufficient opportunity has been granted. Hence no say order passed against deft/BMC. Hence matter adjourned for NM Hearing
Adjd  to  20.11.2024    for NM heairng and service of writ of summons
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2024

Date: 20-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Holiday was declared on 20.11.2024 due to Assembly Election, hence matter is taken on today’s board and adjourned to 13.12.2024  for NM hearing and service of writ of summons
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2024

Date: 13-12-2024
Business: Advocate Namrata Thakur h/f J. K. Shah for plaintiff present and submitted that Sr adv is not available and requested for adjournment.
Advocate  Sujata Puri   for defendant/BMC present.
Adjd  to 22.01.2025    for NM hearing and service of writ of summons.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2025

Date: 13-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Namrata Thakur h/f J. K. Shah for plaintiff present and submitted that Sr adv is not available and requested for adjournment.
Advocate  Sujata Puri   for defendant/BMC present.
Adjd  to 22.01.2025    for NM hearing and service of writ of summons.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2025

Date: 22-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant/MCGM is present. The matter is kept back.
Later on at 3.35 pm.
The appearance is as above. The NM is posted for dismissal.
Adjourned for NM dismissal (No reply)/writ of summons 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. Ms. Pooja Shah h/f Adv. Mr. J.K. Shah for the plaintiff is present. She not pressed NM No. 1634/2019, subject to outcome of the suit. Hence, NM No. 1634/2019 stands disposed of, as not pressed. She sought time to ensure writ of summons. Time is extended till the next date. Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
Adjourned for writ of summons to 24.04.2025.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-04-2025

Date: 24-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Honmane for defendant/MCGM is present.
Adjourned for writ of summons to 18.07.2025.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-07-2025

Date: 18-07-2025
Business: P. O. is on leave. Hence, Matter is adjourned.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-09-2025

Date: 19-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Ms. Tejashree Gawade for the plaintiff is present. She sought time to file service affidavit. Time is extended for service of writ of summons till next date.
Adjourned for service of writ of summons to 14.11.2025.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-11-2025

Date: 14-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for writ of summons to 04.02.2026
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-02-2026

Date: 04-02-2026
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.
	Plaintiff is absent when called repeatedly.  He is absent since long. Even, plaintiff has not pressed the NM No. 1634/2019, hence it was disposed of.  It shows, he is not keenly interested to proceed with the suit. It would not be appropriate to keep it pending for the same steps since long. Thus, suit stands dismissed for want of prosecution and finally disposed of.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 04-02-2026

NOTICE OF MOTION/101634/2019

Registration Number: 100682/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 102960/2019
Filing Date: 08-03-2019
First Hearing Date: 14th March 2019
Decision Date: 04th February 2026
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE