Mohnish Rudal GujarVsThe Asst. Municipal Commissioner

Date: 15-03-2019
Business: Advocate Mr. V. T. Dubey for Plaintiff present and filed draft Notice of Motion along with affidavit in support. Leave granted.
Advocate Ms. Hajare for BMC/Deft present.
Heard advocate for Plaintiff who has referred copy of disputed notice filed at page no.23 of the plaint and argued that in said notice officers of BMC have not clarified that vertical extension of which floor of suit premises is carried out.  It is further argued that construction of suit premises was completed long back and adjoining house also is having same height as like the height of suit premises, hence section 354 A of BMC Act can not be made applicable to the construction which was already completed on the date of issuing disputed notice.  Hence, ad-interim relief is necessary to be granted.
It is argued on behalf of advocate Ms. Hajare for BMC that disputed notice is referring to unauthorized vertical extension with BM walls and Ladi-coba slab admeasuring 3 meters X 8.5 meters having height of approximately 5.5 meter, hence disputed notice is related to first floor from suit premises, Plaintiff has not filed construction permission, development plan, etc of suit premises, hence ad-interim relief can not be granted.
I have carefully perused disputed notice in which sketch map of alleged construction is not drawn.  Further, it is not clearly mentioned in disputed notice that whether the alleged construction was going on at first floor or at ground floor, copy of inspection report and photographs of disputed construction as on the date of issuing notice are not produced before the court, hence it is difficult to ascertain the fact that whether really construction at suit premises was going on as on 09/03/2019 i.e. on the date of issuing disputed notice.
BMC advocate submitted that, concerned BMC officer is not present before the Court due to election duty. As such, there are no documents filed by BMC on record to support the allegations made in disputed notice dated 09/03/2019 and speaking order dated 11/03/2019, hence ad-interim relief in terms of prayer clause (a) of draft NM is granted till filing detailed NM reply by BMC.
Parties to act upon authenticated copy duly signed by Sheristedar.
Case is adjourned to 23/04/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2019

Date: 23-04-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Ms.Hajare for defendant/MCGM present.
Adv. Hajare sought time. Time is granted.
Earlier order to continue till next date.
The Case is adjd. To 05.07.2019  for  NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2019

Date: 05-07-2019
Business: As Court is busy in hearing NM in suit no. 660/19,suit no. 1406/17 and Chamber Summons in Suit no. 1650/18. The board is discharged.
Earlier order to continue till next date.
The case is adjourned to 27.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Business: (Incharge Court of C. R. No. 11)
Adv.N.K. Dubey for Plaintiff present.
Adv. Mhatre for BMC present.
Earlier order to continue till next date.
Matter adjd to 22.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: As court is busy in hearing NM in Suit no. 1306/19 and in hearing ad-interim matters in ST 11516/19, SU 2741/19 and SU No.2722/19. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 04.12.2019  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: Adv. Mr. V.T. Dubey for plaintiff present.
Adv. Mr. Giri for deft./MCGM present.
At the request of both side. Matter be send to Lok-Adalat r/o.14.12.2019.
Earlier order to continue till next date.
Matter is adjd. for report on 03.01.2020.
Next Purpose: REPORT
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. V.T. Dubey for plaintiff present.
Adv. for deft./MCGM absent.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 04.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2020

Date: 04-03-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. V.T. Dubey for plff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 21.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Business: adjd.to
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: 16-01-2021

Date: 16-01-2021
Business: None present for plaintiff.
Adv. Tondwalkar h/f Adv. Mhatre for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd. to 08/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjourned for NM reply to 28.06.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: Adv. V.T.Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM Reply to 29.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: CORAM-H.H.J. SMT. S.G.SHAIKH (CR.NO.06)
(Matter pertains to C.R. No.11)
Adv. V.T. Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 15.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Adv. Mr. V.T. Dubey  for plaintiff is present.
Adv. Mr. Khandagale for Defendant/MCGM is present.
Adv. for the defendant orally requested for time to file NM reply.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 21/02/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: Adv. Ms. Vijyarani Prasad for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 13.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: PO is on leave hence adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Ms. Vijayarani Prasad for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for tendering NM/NM reply and WS to 21.10.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2022

Date: 21-10-2022
Business: Adv. V.T. Dubey for the plaintiff is present and filed original registered NM No.1213/2019 along-with affidavit. TOR.
Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 09.12.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Adv. Ms. Prasad for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Time is granted lastly.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 10.02.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: Adv. Mrs. Prasad h/f Adv. V.T. Dubey for the plaintiff.
Adv. Khandagale for defendant/MCGM is present and requested for time to file NM reply and WS. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply/WS to 24.02.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: Adv. Ms. Prasad h/f Adv. Dubey for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present and requested for time to file NM reply. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 28.04.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2023

Date: 28-04-2023
Business: Adv. Mr. V. T. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested for time to file reply and WS. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 05.07.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested for time to NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 08.09.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2023

Date: 08-09-2023
Business: Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 24.11.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: Adv. Mrs. Prasad for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 17.01.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: Matter pertains to C. R. No. 11
Adv. Mrs. Vijayarani Prasad present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM Replyrejoinder to 04.03.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2024

Date: 04-03-2024
Business: Adv. Mr. Fawas h/f Adv. V.T. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Adjourned for NM reply/WS to 06.04.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-04-2024

Date: 06-04-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. V.T. Dubey for the plaintiff is present.
Adv. Mrs. Mhatre h/f Adv. Giri for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 29.06.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. V.T. Dubey for the plaintiff is present.
Adv. Mr. Arvind Rathod for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 14.08.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2024

Date: 14-08-2024
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Mr. Arvind Rathod for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 14.10.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2024

Date: 14-10-2024
Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Shinde for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 13.12.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2024

Date: 13-12-2024
Business: Adv. Mrs. Prasad for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 10.02.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2025

Date: 10-02-2025
Business: Matter pertain to Cr. No. 11
Adv. Mr. Fawaz h/f Adv. V. T. Dubey for the plaintiff is present.
Adv. Mr. V. G. Shinde for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for NM reply rejoinder to 07.04.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2025

Date: 07-04-2025
Business: Matter pertain to Cr. No. 11
Adv. Mr. V. T. Dubey for the plaintiff is present.
Adv. Mr. Botlawar a/w Adv. Mr. V. G. Shinde for defendant/BMC is present. Earlier order, if any, to continue till next date.
Adjourned for N/M reply rejoinder to 18.06.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2025

Date: 18-06-2025
Business: Matter pertains to C. R. No. 11
Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Mr. Botlawar for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for NM reply/rejoinder to 04.08.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2025

Date: 04-08-2025
Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present and sought time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 26.09.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-09-2025

Date: 26-09-2025
Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and sought time to file NM reply. Time is granted.
Adjourned for NM reply to 19.11.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-11-2025

Date: 19-11-2025
Business: PO is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-01-2026

Date: 19-01-2026
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and seeks time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 23.03.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2026

Date: 23-03-2026
Business: Adv. Mrs. Prasad for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and seeks time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 08.06.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-06-2026

Date: 08-06-2026
Business: Adv. Mrs. Prasad for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and seeks time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 22.07.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2026

Date: 22-07-2026
Business: Matter pertains to C.R. 11
Adv. Mr. N.K Dubey for the plaintiff is present.
Adv. Mr. Botlawar for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for Reply to 21.09.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2026

NOTICE OF MOTION/101213/2019

Filing Number: 103184/2019
Filing Date: 14-03-2019
First Hearing Date: 15th March 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE