Santosh Singh Ujagarsingh VirdiVsThe Designated Officer III

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: DIRECTIONS
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 22-07-2020

Date: 22-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 20-08-2020

Date: 20-08-2020
Business: By precipe
Advocate Cheda for plaintiff present.
Advocate Sutar for defendant/BMC present present
Adjourned for Ad-Interim Hearing to 03/09/2020.
Next Purpose: HEARING
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 08-09-2020

Date: 08-09-2020
Business: None for plaintiff.
Advocate Sutar for defendant/BMC present.
Adjourned for Ad-interim Hearing to 15/09/2020.
Next Purpose: HEARING
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Business: Advocate for plaintiff.
Advocate Mr. Sutar for defendant/BMC present and filed reply cum written statement to notice of motion and suit. Copy served.
Ld. Advocate for plaintiff requested time  for arguments. Granted.
In the Covid-19 period there were oral directions, same to continue till next date.
Adjourned for NM hearing to 24-09-2020.
Sheristedar is directed to give the authenticated copy of Roznama to the both parties.
Next Purpose: HEARING
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Business: Adv. Mukesh Chheda for plaintiff present.
Adv. Sutar for defendant/BMC present.
Heard argument of Ld. Adv. Of plaintiff and defendant BMC on ad-interim relief.
                          AD-INTERIM ORDER
        Heard arguments of both the learned advocates. Perused the documents relied upon by both the sides. Plaintiff is challenging the notice U/sec.65 of MRTP Act, issued with respect to suit premises. It is main grievance of plaintiff that he wants to take the benefit of amended Section 52A of MRTP Act. However, in order to invoke Section 52A of MRTP Act, yet the rules with respect to the same are in pipeline. Therefore, the order of BMC are not entertaining his application nor it can be submitted online. Till his application is accepted and decided, he needs to be protected.
      The arguments of learned advocate for plaintiff with respect to fact the rules with respect to Section 52A of MRTP Act, are in pipeline is not disputed. The voluminous documents filed by plaintiff prima-facie reflect that though statement government has amended and framed Maharashtra Town Planning (Compounded Structures) Rules 2017, the rules are yet to be framed by the planning authority as per Rule-9 of this amended Maharashtra Town Planning (Compounded Structures ) Rules 2017. The rules are prima-facie appearing to be in pipeline/under process and not framed till today. Therefore, plaintiff if wants to take shelter of this amended Section 52A, he cannot be prevented from taking the same. On the date of the issuance of notice the aforesaid right of invoking Section 52A had accrued in favour of plaintiff. Therefore, the arguments of learned advocate for plaintiff that plaintiff is unable to take benefit of same for want of rules has to be accepted. Vide Section 52A of Maharashtra Town Planning (Compounded Structures) Rules 2017, the right is given to plaintiff to get  compounded his unauthorized structures if any, in existence on or before 31.12.2015. However, in order to avail this benefit, plaintiff has to show that he had made such application. Plaintiff has applied before the BMC for getting this benefit is not appearing on record. Plaintiff to satisfy as to whether he had made such application before BMC till next date as court time is over.
In the covid-19 period there were oral directions, same to continue till  next date.
Matter adjd. for further ad-interim hearing to 06.10.2020.
Sheristedar is directed to give authenticated of today’s roznama of the parties.
Next Purpose: HEARING
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Business: Adv. Mukesh Chheda for plaintiff present and filed additional compilation of document. Copy served.
Adv. Sutar for defendant/BMC present and on receiving copy he requested for time. Granted.
Earlier oral directions to continue till next date.
Matter  adjd. to  05-11-2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: Advocate Mulesh Chheda for plaintiff present.
Advocate Sutar for defendant/BMC present.
Earlier Order, if any, to continue till next date.
Adjourned for N/M Hearing to 10/12/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: None for plaintiff
Adv. Vaibhav for intervenor present.
He tendered draft Ch/s along with affidavit.
O-Leave is granted to register draft Ch/s
Adv. Sutar for def/BMC present.
Adjourned for  Ch/s Reply to 19/01/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: CORAM H.H.J. SHRI. S.C. PATHARE, JUDGE (C.R.NO.05)
Matter pertains to CR No.06
By precipe.
Adv Mukesh Chheda for plaintiff present and filed appln for EOC.
Adv Sutar for MCGM/defendant present.
Earlier order if any to continue till the next date.
Matter adjourned for NM hearing to 19/1/21.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: As Court is on Leave. matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Advocate for plaintiff present.
Adv. Kanchan Zire I/b Vaibhav Kadam for applicant present and filed V.P  (Exh-  ) alongwith Ch/s 39/2021 and affidavit of service.
Adv. Mrs. Dhuri for defendant/BMC Present.
Adjd. for Ch/s Reply and N/M Hearing to 16/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: Advocate Lakshya Chheda for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Advocate for applicant is absent
Advocate for plaintiff filed Vakalatnama t.o.r. Marked as Exh. 2
Earlier order, if any, to continue till next date.
Adjd for NM /Ch/s Reply to 20.12.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Advocate Lakshay Chheda for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Advocate for Applicant present.
Earlier order, if any, to continue till next date.
Adjd for Ch/s  Reply /Hearing to  07.02.2022
Next Purpose: C/S  HEARING
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: In view of Office Order No. 27 of 2022 dated 06.02.2022,  declared holiday on 07.02.2022. Entire Board is discharged.
Adjd for Ch/s Hearing to 20.04.2022
Next Purpose: C/S  HEARING
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: Plaintiff present and his Advocate is present.
Advocate for Applicant present.
Advocate Smt.Deepali Patil i for defendant/BMC present.
Plaintiff is granted last chance to file reply to Chamber summons No.  39/2021
Earlier order, if any, to continue till next date.
Adjd for Ch/s Reply  to  01.08.2022
Next Purpose: C/S REPLY
Next Hearing Date: 01-08-2022

Date: 01-08-2022

Date: 16-09-2022
Business: Plaintiff present.
Advocate for plaintiff present.
Advocate for intervener present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Intervener is directed to serve the copy of Chamber Summons No. 39/2021
Earlier order, if any, to continue till next date.
Adjd for Ch/s Hearing to  30.11.2022
Next Purpose: C/S  HEARING
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: Advocate for plaintiff present and filed reply of Ch/s No. 39/2021 and also filed copy of reply to the Applicant.
None present for applicant/Intervener.
Advocate Smt. Deepali Patil for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd for Ch/s Hearing to  23.01.2023
Next Purpose: C/S  HEARING
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Advocate Chheda for plaintiff present.
Adv. Sameer Parkar h/f Adv. Vaibhav Kadam for intervener present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd for Ch/s Hearing  to  13.03.2023
Next Purpose: C/S  HEARING
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: Advocate Chheda for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd for Ch/s  Hearing to  21.06.2023
Next Purpose: C/S  HEARING
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: (Matter pertains to C.R. No. 06 )
Plaintiff present and his advocate absent.
Adv. Ms. Deepali Patil for the defendants/BMC Present.
Earlier order, if any, to continue till next date.
Adjd for Chamber Summons hearing to 04/09/2023
Next Purpose: C/S  HEARING
Next Hearing Date: 04-09-2023

Date: 04-09-2023
Business: Advocate Riddhi Natekar present for plaintiff and sought adjournment.
Advocate Deepali Patil  present for defendant/BMC.
Advocate Sameeer for applicant present.
Heard arguments of applicant on CS.
Advocate for plaintiff seeks time to advance arguments.
As per request of plaintiff, adjournment granted as a last chance. Plaintiff is directed to advance arguments on the next date positively. Else CS will be decided on merit.
Earlier order if any to continue till next date.
Matter adjourned for CS hearing to 25/10/23.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Advocate Chheda present for plaintiff.
Advocate Deepali Patil present for defendant/BMC.
Adv. Vaibhav Kadam for applicant present.
Heard argument on both side on CS No. 39/2021
F.R.S.R. Following order is passed.
ORDER
1. Chamber Summons No. 39/2021 is rejected.
2. Both the parties to take note of this order.
3. Cost in cause.
4. Chamber Summons No. 39/2021 is disposed off.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 24/01/24  .
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: Matter pertain to CR.NO.6
Plaintiff present.
None  present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 05/04/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2024

Date: 05-04-2024
Business: Advocate Kartik Pillay h/f Adv. Mukesh Chheda  present for plaintiff and sought adjournment. O- Granted.
Advocate Meena Dhuri present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 14.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2024

Date: 14-08-2024
Business: Plaintiff present, his advocate  absent and sought adjournment. O- Granted.
Advocate Amar Patil present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 22.11.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2024

Date: 22-11-2024
Business: Advocate Kartik Pillye present for plaintiff and sought adjournment. O- Granted.
Advocate Bibhishan Sutar present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 17.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2025

Date: 17-02-2025
Business: Matter pertain to CR. NO.6
Advocate Kartik Pilley i/b SSB Legal present for plaintiff.
Adv. Amar Patil present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 09-04-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2025

Date: 09-04-2025
Business: Advocate Maithili i/b SSB Legal present for plaintiff and sought adjournment. O- Granted.
Advocate Bibhishan Sutar present for defendant/BMC.
In view of oral submissions Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 13.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2025

Date: 27-06-2025
Business: Writ received from Honble Bombay High Court on Dt. 25-06-2025, Having D.D.(A.O.) No. - CO709749/2025, Dt. 02/06/2025 In Appeal From Order No. 97 of 2024.
(Coram - Gauri Godse,  J.) has on 25th March, 2025 passed the following order -
                                    ORDER
1.  Learned counsel for the appellant seeks leave to withdraw the
     appeal with liberty to adopt appropriate proceedings.
2.  Leave granted with liberty as prayed.
3.  Appeal is disposed of as withdrawn the liberty as prayed.
Matter is already adjourned to 13.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2025

Date: 13-08-2025
Business: Matter pertain to CR. NO. 06
Advocate Kartik Pilley i/b SSB Legal present for plaintiff.
Advocate Bibhishan Sutar present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for CS reply to 26.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2025

Date: 26-09-2025
Business: Advocate Kartik Pilley i/b SSB Legal and Advisory present for plaintiff and sought adjournment. O- Granted.
Advocate Amar Patil present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 12.01.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2026

Date: 12-01-2026
Business: CORAM H.H.J. SHRI. PRASHANT C. KALE, CITY CIVIL COURT, MUMBAI.(C.R.06)
Plaintiff present, Advocate Yaksh Chheda a/w Adv. Kartik Pilley h/f Adv. SSB Legal and Advisory present.
Advocate Bibhishan Sutar present for defendant/BMC.
Plaintiff is directed to file written notes of argument.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 18.03.2026.
 Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2026

Date: 12-01-2026
Business: CORAM H.H.J. SHRI. PRASHANT C. KALE, CITY CIVIL COURT, MUMBAI.(C.R.06)
Plaintiff present, Advocate Yaksh Chheda a/w Adv. Kartik Pilley h/f Adv. SSB Legal and Advisory present.
Advocate Bibhishan Sutar present for defendant/BMC.
Plaintiff is directed to file written notes of argument.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 18.03.2026.
 Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2026

Date: 18-03-2026
Business: Advocate Aryesh Y. Gage i/b SSB Legal and Advisory present for the plaintiff and seeks time. O - Time granted.
Advocate Bibhishan Sutar present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 13.04.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2026

Date: 13-04-2026
Business: Advocate Aryesh J. Goge i/b SSB Legal and Advisory present for the plaintiff and seeks time. O - Time granted.
Advocate Amar Patil h/f Adv. Sutar present for defendant/BMC.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 03.08.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2026

Date: 03-08-2026
Business: Advocate Aryesh Goge i/b SSB Legal and Advisory present for the plaintiff and filed written notes of argument in respect of NM. TOR and marked as Exhibit 3. O - Seen.
Advocate Rohit Gaikwad present for defendant/BMC and seeks time for filing written notes of argument. O - Time granted.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 07.10.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2026

CHAMBER SUMMONS/100039/2021

Filing Number: 103347/2020
Filing Date: 11-03-2020
First Hearing Date: 06th May 2020
Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE