Date: 27-03-2019
Business: Adv. Mr. Suraj h/f Adv. Mr. Tendulkar for Plff present and tendered original registered N/M No.1085/19 alongwith affidavit.
Adv. Mrs. Bhoir for MCGM/Defts No.1 to 3 present.
None for Deft No.4.
Writ of summons be issued against Defts No.1 to 3.
Adjd to 24/4/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2019
Date: 24-04-2019
Business: Adv. Mr. Gupte h/f Adv. Mr. Tendulkar for Plff present.
Adv. Mrs. Bhoir for MCGM/Defts No.1 to 3 present.
None for Deft No.4.
Deft No.4 has failed to file reply to N/M and WS. Hence, N/M will be heard without reply and suit will be heard without WS of Deft No.4.
Adjd to 21/6/19 for N/M reply of Defts No.1 to 3.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2019
Date: 21-06-2019
Business: None for plaintiff.
Adv. Ms. Patil for MCGM/Defendant 1 to 3 present.
None for def. no. 4.
On oral request of ld adv for def., adjournment granted.
Adjd to 20.08.2019 for NM reply of def. no. 1 to 3.
L.O. at 3.30 p.m. Adv. Shikre for defendant no. 4 present and tendered original NM No. 2114/19 with affidavit.
Adv. Sameer Tendulkar for plaintiff present.
Adjd to 04.07.2019 for NM reply of def. no. 1 to 3.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2019
Date: 04-07-2019
Business: Adv. Gupte h/f Adv. Tendulkar for plaintiff present.
Adv. Sigarala for def. no. 4 present.
Adv. Ms. Patil for MCGM/Defendant 1 to 3 present.
On oral request of ld adv for def. 1 to 3, adjournment granted.
Adjd to 22.08.2019 for reply to NM No. 1085/19 by def. no. 1 to 3 and reply of plaintiff to NM No. 2114/19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: As P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Adv.Gupte h/f adv. Tendulkar for plaintiff present.
Adv. Patil for defendant No. 1 to 3 present.
Adv. Sigarala for Defendant No.4 is present.
On oral request of plaintiff and Defendant NO.1,time is granted.
Adjd to 05.03.2020 for filing reply NM 2114/19 by plaintiff as a last chance and for filing reply to NM 1085/19 by Defendant NO. 1 to 3 as a last chance.
Next Purpose: REPLY
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: APP Priya Tendulkar for State present.
Accused on bail present.
Adv.O.P.Yadav for accused present and tendered application setting aside no cross order subject to payment of order to Rs.500/- to PW-1. it is marked at Exh-28. Copy of application is served to Ld.APP.
WPN-03944 (Kokane)attached to Mulund P/stn present.
Ld.APP has given say on Exh-28.
Heard both side.
Order on Exh-28-
Perused application and say. Heard both sides. The application is allowed subject to cost of Rs.500/- at legal Aid department.
KB
Adv.Suresh Dubey for accused present.
Witness- Sanap Manish Motiram. Food and safety Officer present.
Matter adjd to 28.03.2020 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2020
Date: 28-03-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
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: RECORDING EVIDENCE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: Adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Business: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft no. 1 to 3/MCGM present.
None for deft no.4.
Matter adjd to 16/02/2021 for filing reply to NM No.2114/19 by plaintiff as a last chance/ for filing reply to NM No. 1085/19 as a last chance.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Matter adjd to 22/04/2021 for Hearing on NM No.2114/19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: HHJ is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: As Court is busy in urgent ad-interim hearing and orders on ad-interim reliefs of CR NO.08 and 11, board is discharged.
Adjd. To 09/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. Gupte h.f. Adv. Tendulkar for Plaintiff present and requests for time to argue on NM. Time is granted till next date.
Adv Mrs Rawade for defendant nos. 1 to 3/ MCGM present.
Adv. Sigarala for Defendant No.4 present.
Matter is adjd to 17/02/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: HHJ is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adv Dinesh Shinde h/f Adv Sameer Tendulkar for plaintiff present.
Adv Mrs Rawade for defendant nos.1 to 3/ MCGM is present.
None for defendant no.4.
K.B.
L.O. at 3.30 p.m.
Adv Dinesh Shinde h/f Adv Sameer Tendulkar for plaintiff present.
Adv Mrs Rawade for defendant nos.1 to 3/ MCGM is present and requests for time to file reply to NM No.1085/2019. Time is granted till next date.
Adv Seegarla for defendant no.4 present.
Adv for plaintiff is served NM reply to advocate for defendant no.4.
Reply of plaintiff is served on defendant no.4.
Adjd. To 09/06/2022 for hearing on NM NO.2114/2019/ filing reply to NM NO.1085/2019 by defendant nos. 1 to 3/ MCGM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: Adv. Gupte h/f Adv. Tendulkar for plaintiff present.
Adv. Mrs. Rawade for defendant No. 1 to 3/ MCGM is present.
Adv. Seggarala for deft. No. 4 present.
Heard both sides on N/M No. 2114/2019.
K.B. for order on N/M No. 2114/2019.
L.O.
Following order is passed on N/M No. 2114/2019-
O R D E R
1. Defendant No. 4 has taken on Notice of Motion for setting aside no W/S order dated 24/04/2019. It is contended that defendant No. 4 appeared and contested N/M No. 1085/2019 and advocate was preparing to file caveat. The advocate was busy in other matter and not aware about the next date i.e 24/04/2019. It is further contended that the defendant has good defense and if the no W/S order is not set aside he will harm and injury. Therefore, no W/S order may kindly be set aside.
2. Plaintiff opposed application contending that motion is taken after delay. Defendant No. 4 has concealed facts for delay. The defendant not mentioned how much delay has there and delay is not explained.
3. Perused N/M, reply and record. Heard counsel for the parties.
4. It is matter of record that defendant No. 4 contested the N/M for ad-interim injunction. It is the contention of the defendant that his advocate was preoccupied the other matters and skipped the date. It is well settled that no party should be denied opportunity to participate in the process of administration of justice. Therefore, in order to decide controversy between party on merit, it will be just and proper to set aside no W/S order. Hence I pass following order-
Following order is passed-
O R D E R
1. No W/S order dated 24/04/2019 is hereby set aside.
2. W/S of defendant No. 4 be taken on record.
3. N/M No. 2114/2019 stands disposed of accordingly.
Adjd. to 07/07/2022 for filing W/S by deft. No. 4 and for filing reply to N/M No.1085/2019 by deft. No. 1 to 3/MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Gupte h/f Adv. Sameer Tendulkar for plaintiff present.
Adv. Mrs. Rawade for defendant Nos. 1 to 3/ MCGM is present and requested time to file reply on N/M No. 1085/2019. Time is granted till next date as a last chance.
Adv. S. M. Seegarla i/b RMG Law Associates for deft. No. 4 present and requested for time to file pursis to adopt W/S as reply to N/M No. 1085/2019.
W/S of deft. No. 4 is already marked as Exh. 3 on 12/06/2019.
Adjd. to 25/08/2022 for reply to N/M No. 1085/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant Nos. 1 to 3/ MCGM is present and requested time to file reply on N/M No. 1085/2019. Time is granted till next date as a last chance.
Adv. Swapnil Shikre i/b RMG Law Associates for deft. No. 4 present and requested for adjournment. Time is granted till next date.
Adjd. to 20/09/2022 for reply to N/M No. 1085/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Adv. Gupte for plaintiff present.
Adv. Mrs. Rawade for defendant Nos.1 to 3/ BMC is present and requested time to file reply to N/M. On previous date last chance was granted to the deft. Nos.1 to 3/BMC. However, One more last chance is granted.
None for deft. No.4.
Adjd. to 10/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: H.H.J. is on half day (second session) leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: As Court is busy in hearing urgent N/M and ad-interim relief and passing order in N/M, board is discharged.
Adjd. to 06/06/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: Adv. Akshay Mawor h/f Sameer Tendulkar for plaintiff present.
Adv. Ms. Mhatre for defendant No. 1 to 3/ BMC is present.
Adv. S. M. Seegarla i/b RMG Law Associates for deft. No. 4 present and tendered pursis adopting WS as reply to Notice of Motion. Marked as Exh. 4 O- Read and Recorded.
Adv. for BMC seeks time to file reply to NM
Adv for plaintiff opposed adjournment on ground that NM is pending 2019 for reply. However in the interest of justice time is granted.
Adjd. to 06.07.2023 for NM Reply by BMC
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2023
Date: 06-07-2023
Business: P O Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Advocate Gupte h/f Tendulkar for plaintiff present and tendered draft Notice of Motion @ affidavit in support and draft chamber summons @ affidavit in support.
O- Leave granted to register NM and Ch/s.
Adv Swapnil Shikhare def NO. 4 present.
Advocate Mhatre for defendant No. 1 to 3/BMC present and seeks time to file reply to NM. Adv for plaintiff opposed adjournment stating that NM is pending since 2019 but inspite of sufficient opportunities corporation not filed reply. Hence, no say order will be passed. NM is pending for reply by BMC but corporation not filed reply. Hence NM is proceed without reply of defendant/BMC.
L.O.4.43 p.m
Adv for corporation submitted that there is no proper service. Adv for plaintiff submitted that prayer in both the NM is same and therefore no prejudice would cause to the corporation. However it contended that Notice has been served upon the plaintiff on yesterday and therefor matter is kept for ad-interim hearing.
Adv for deft/BMC tendered List of documents TOR marked as Exh. 5
Adjd to 31.08.2023 for AD-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 31-08-2023
Date: 31-08-2023
Business: Advocate Sameer Tendulkar for plaintiff present and tendered registered ch/s No. 1528/2023 and NM No. 3214/2023.
Counsel Adv. Rishikesh Soni a/w Adv. S. M. Seegarla a/w Adv. Swapnil Shikhare i/b RMG Law for deft No. 4 present.
Advocate Mhatre for defendant/BMC present and tendered reply to NM No. 3214/2023 and ch/s No. 1528/23 TOR copy is supplied to other side.
Shri. Jitu Nanji Gohil JE ( B & F ) N Ward for BMC present.
Heard argument of both sides on Ch/s No. 1528/2023.
Following order is passed on chamber summons No. 1528/2023
O R D E R
1. The plaintiff has taken out this Ch/S under order 6 rule 17 of CPC for carrying out amendment in the plaint. It is contended that after filing suit. BMC issued notices and stuructural audit report. Therefore plaintiff is seeking permission to insert contention in respect of subsequent notices, TAC Report and seeking additional relief as per schedule annexed to the Ch/s.
2. Adv. for defendants No. 1 to 3/BMC opposed chambers Summons and stating the plaintiff is prolonging the trail of the suit and building is in delapidated condition and plaintiff has no case. The defendant No. 4 has not filed reply to ch/s.
3. Heard Adv. for the parties. Perused Ch/S, affidavit in support thereof and documents on record.
4. The plaintiff has taken out the Ch/S for amendment in the plaint. The plaintiff is seeking permission to insert contention in respect of subsequent notices issued by BMC, TAC report and seeking additional relief of as per schedule. which are subsequent events after filing the suit. It is well settled that the amendment of pleading at pretrial stage should be normally allowed if no any prejudice or injustice is caused to the other side and if the nature of the Suit is not likely to be changed as result of the amendment. In this case the Suit is at pretrial stage. Hon’ble Apex Court in the matter of LIC V/s Sanjeev Builders Pvt. Ltd. and Anrs. (Civil Appeal No. 5909/2022 ) held that all the amendment are to be allowed which are necessary for determining real question in controversy provided it does not cause injustice and prejudice to other side and this is mandatory as per provision of order 6 Rule 17 of the Civil Procedure Code.
5. The proposed amendment is just and necessary for effective adjudication of the dispute. The nature of Suit is not likely to be changed. Therefore I find no substance in the submission of the adv for the corporation. In the circumstances Ch/S deserves to be allowed. Hence, I pass following order-
O R D E R
1. Ch/s No. 1528/2023 is hereby made absolute in terms of prayer clause(a).
2. Plaintiff to carry out necessary amendment till next date.
3. Copy of amended plaint be served upon other side.
4. Ch/s No. 1528/2023 stands disposed of accordingly.
Adv for deft NO. 4 WS be treated as a reply to NM 3214/2023.
Heard argument of advocate for plaintiff on NM No. 1085/2019 and NM No. 3214/2023.
Adv for plaintiff tendered compilation of citation TOR marked as Exh. 6
Adv for deft/BMC filed pursis below Exh. 7 adopting reply to NM as WS. Hence reply is marked as Exh.8
Adjd to 02.09.2023 for Order on NM No. 1085/2019 and NM No. 3214/2023/ Compliance
Next Purpose: NM ORDERS
Next Hearing Date: 02-09-2023
Date: 02-09-2023
Business: Advocate Akshay Mawar h/f Sameer Tendulkar for plaintiff present and seek extension time to carry out amendment. Hence, time is granted for one week
Adv. Swapnil Shikhare for def No. 4 present.
Advocate Suryavanshi for defendant/BMC present.
Adjd to 04.09.2023 for Order on NM No. 1085/2019 and NM No. 3214/2023/ Compliance
Next Purpose: NM ORDERS
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: P.O. is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: Court is on leave
Next Purpose: NM ORDERS
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: Court is on leave
Next Purpose: NM ORDERS
Next Hearing Date: 08-09-2023
Date: 08-09-2023
Business: P. O. is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: Adv. Gupte h/f Tendulkar for plaintiff present.
Advocate Mhatre for defendant No. 1 to 3/BMC present.
Adv. Shikhare for deft No. 4 present.
F.R.S.R. Following common order is passed on Notice of Motion No. 1085/2019 and Notice of Motion No. 3214/2023
ORDER
Notice of Motion No. 1085/2019 and Notice of Motion No. 3214/2023 are dismissed.
L.O. Adv for plaintiff tendered application for stay of order marked as Exh. 9 O- Other side to say
Both Adv. for defendant have given say on Exh. 9 overleaf.
Adjd to 12.09.2023 for Hearing on Exh. 9
Next Purpose: HEARING
Next Hearing Date: 12-09-2023
Date: 12-09-2023
Business: .....
Next Purpose: ORDER
Next Hearing Date: 14-09-2023
Date: 14-09-2023
Business: Advocate Dinesh Shinde h/f adv. Tendulkar for plaintiff present.
Advocate Mhatre for defendant No. 1 to 3/BMC present.
None present for defendant No. 4.
Order below Exh-9
The plaintiffs intend to challenge order dismissing notice of motions. However, some time is required for preferring appeal by obtaining certified copy. Therefore, the plaintiff prayed that defendant/BMC be directed not to take coercive steps for four weeks.
Advocate for defendants strongly opposed application.
Heard advocate for the plaintiff and defendant/BMC.
The plaintiff have challenged notice issued by defendant/BMC u/s 354 of the MMC Act. The plaintiff intend to challenge the order dismissing notice of motion. The appeal is the statutory right of the aggrieved party. It is contention of the plaintiff that if the status quo is not granted, there is possibility of demolition of notice structure and in that event object of preferring appeal would be defeated. Therefore, considering the facts of the case, I passed following order:-
Order
Defendant/BMC shall not take coercive steps for two weeks from today.
The Notice of Motion No. 1085/2019 is already disposed of on 11.09.2023 by passing separate order. Hence be disposed off in CIS.
Adjd to 16.12.2023 for hearing on issues/draft issues.
Nature Of Disposal: DISMISSED
Disposal Date: 14-09-2023
