Date: 11-03-2020
Business: Adv.S.K.Bhosle for plaintiff present and tendered original registered NM No-1035/20 along with affidavit in support and also tendered original writ of summons. Exh-2.
Adv. Khandagle for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Matter adjd to 01.04.2020 for Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
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: HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
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: HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: Adjd
Next Purpose: HEARING
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: (Matter pertains to C.R.No.8)
None for Plaintiff.
Adv. Mrs. Hajare h/f. Adv. Mr. Khandagale for Defendant/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 12/02/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv. S. K. Bhosle for plaintiff present and requests for time to argue on ad-interim relief in NM. Time is granted till next date.
Adv. Khandagle for deft/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 24/03/2021 for Ad-interim relief.
Next Purpose: HEARING
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 07/04/2021 for Hearing on Ad-interim.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 14/06/2021 for Ad-interim hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Date: 04-08-2021
Business: (Matter pertains to C.R. NO.08)
Adv S.K. Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 08/09/2021 for ad-interim hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Adv Sharad Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 22/09/2021 for ad-interim hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Adv Firoza Shaikh h/f Adv Sharad Bhosale for plaintiff present and and requests for time to argue on ad-interim reliefs. Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 01/10/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: CORAM H.H.J. SMT S.G. SHAIKH, (C.R.NO.06)
(Matter pertains to C.R. No.08)
Adv S.K. Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 27/10/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. Firoza Shaikh h/f. Adv. S.K. Bhosale for Plaintiff present and requests for time to argue on ad-interim reliefs. Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Matter is adjd to 22/11/2021 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv S.K. Bhosale for plaintiff present and requests for time to argue on ad-interim reliefs.
Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 10/01/2022 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till next date.
Adjd. To 04/02/2022 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till next date.
Adjd. to 02/03/2022 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv S.K. Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
K.B.
L.O. at 4.15 p.m.
Adv S.K. Bhosale for plaintiff present and seeks time to argue on ad-interim reliefs.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Mr Vinod Dixit, S.E. (Building Proposal, M/E ward, MCGM present.
Adv for defendant / MCGM taken strong objection to extend the ad-interim reliefs. The record shows that suit filed in March 2020, since then matter is kept for ad-interim hearing. The protection was in favour of plaintiff. Therefore plaintiff is directed to argue on ad-interim reliefs on next date, otherwise protection will not be continued. Considering this request of adjournment lastly granted.
Earlier order, if any, to continue till next date.
Adjd. to 11/03/2022 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv S.K. Bhosale for plaintiff present and tendered original registered Chamber Summons No.356/2022 along-with affidavit in support thereof. TOR . He also tendered acknowledgement of service upon defendant / MCGM and proposed defendant no.2. TOR.
Adv Mrs Tondwalkar for defendant / MCGM is present.
K.B.
L.O.at 3.45 p.m.
Adv S.K. Bhosale for plaintiff present and tendered compilation of document. TOR and marked as Exh. Copy is supplied to other side.
Adv Mrs Tondwalkar for defendant / MCGM is present and tendered compilation of document. TOR and marked as Exh. Copy is supplied to other side.
Heard both sides on ad-interim reliefs in NM NO.1035/2020.
Adjd. To 14/03/2022 for order on ad-interim reliefs in NM NO.1035/2020.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Adv S.K. Bhosale for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Heard Ld Adv for defendant / MCGM on ad-interim hearing in NM and rejoinder argument heard by Ld Adv for plaintiff.
Earlier order, if any, to continue till next date.
Adjd. To 21/03/2022 for order on ad-interim reliefs in NM.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Adv S.K. Bhosale for plaintiff present.
Adv Mrs Tondwalkar for defendant no.1/ MCGM is present.
Adv Hardik Desai for applicant / proposed defendant no.2. present and undertakes to file Vakalatnama on next date.
Earlier order, if any, to continue till next date.
Adjd. To 28/03/2022 for order on ad-interim reliefs in NM and Ch/s reply.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv for plaintiff present.
Adv. Smita Chavan h/f Adv. Tondwalkar for defendant/ MCGM present.
None for applicant.
KB
for order on Ad-interim relief on Notice of Motion No.1035 of 2020.
L.O.
Adv. S.K. Bhosale for plaintiff present.
Adv. Smita Chavan h/f Adv. Tondwalkar for defendant/ MCGM present.
Adv. Hardik Desai for applicant in C/S No.356/2022 present.
Ad-interim relief on Notice of Motion No.1035 of 2020.
Perused Notice of Motion, affidavit in support thereof, documents filed by both the parties. Heard both the advocates at length.
The plaintiff by way of this Notice of Motion prayed that defendant be restrained from enforcing or implementing notice issued dated 12.06.2019 and order dated 13.02.2020.
The notice issued to the plaintiff shows that plaintiff has unauthorizedly constructed 23 rooms on the first floor. Therefore, plaintiff was directed to restore the premises as per last approved plan.
On going through the documents filed on record it reveals that the plaintiff has approach to the concerned office of the defendant / MCGM to regularized the work. As per the plaintiffs contention his regularization proposal is pending therefore, if the alleged structure demolished plaintiff will suffer huge loss.
The defendant / MCGM has filed on record the copy of flow chart and on that basis submitted that the regularization proposal of the plaintiff was rejected on 15.04.2021 itself. I have gone through the documents filed on record, it shows that the regularization proposal of the plaintiff was rejected because of some documents were not attached by the plaintiff. So, plaintiff was directed to re-submit the proposal. Therefore, in my opinion at this prima facie stage, ad-interim stage of relief, the structure of the plaintiff needs to be protected till filing of detailed reply by the defendant / MCGM. The plaintiff has brought on record sufficient material to grant ad-interim relief in his favour. Considering this, I pass the following order.
ORDER
1.Ad-interim relief of prayer clause (a) of Notice of Motion No.1035 of 2020 is granted till next date.
2. Defendant / MCGM is directed to file reply till next date.
Authenticated copy of roznama be given to both the parties.
Adjd. To 18/04/2022 for reply to NM and Chamber Summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Adv S.K. Bhosale for plaintiff present.
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 15/06/2022 for reply to NM and Ch/s.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: CORAM H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. S. K. Bhosale for plaintiff present.
None for defendants.
Earlier order, if any, to continue till next date.
Adjd. to 04/07/2022 for reply to NM and Ch/s.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: CORAM H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
Matter pertains to CR. NO. 04.
Adv. Mr. S.K. Bhosale for the plaintiff is present.
Adv. Ms. Tondwalkar for defendant/MCGM is present and filed reply-cum-WS. TOR. It is marked at Exh. 04.
She also filed list of documents. TOR. It is marked at Exh. 05. Copies are supplied to the other side.
Advocate for the plaintiff requested for time to file reply rejoinder. Granted till next date.
Earlier order, if any, to continue till the next date.
Adjourned for reply rejoinder/NM hearing to 15.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Adv. S. K. Bhosale for plaintiff present and tendered rejoinder in N/M, TOR. Copy is supplied to other side.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and has given say on Ch/S No. 356/2022 overleaf, TOR.
Earlier order, if any, to continue till next date.
Adjd. to 05/08/2022 for N/M and Ch/S hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. S. K. Bhosale for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adv. Hardik Desai for applicant present.
Earlier order, if any, to continue till next date.
Adjd. to 26/08/202 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. S. K. Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and submitted that short date may be granted as earlier order is there.
Adv. Hardik Desai for respondent filed reply to Ch/S, TOR. Copy is supplied to other side.
Earlier order, if any, to continue till next date.
Adjd. to 07/09/2022 for Ch/S rejoinder/ Ch/S hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Adv. S. K. Bhosale for plaintiff present and tendered rejoinder in Ch/S, TOR. Copy is supplied to other side.
Adv. Mrs. Rawade h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adv. Hardik Desai for respondent present.
Earlier order, if any, to continue till next date.
Adjd. to 19/09/2022 for C/S hrg.
Next Purpose: C/S HEARING
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Adv. S. K. Bhosale for plaintiff present and requested time to aruge on N/M and Ch/S. Granted.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adv. Hardik Desai for proposed deft. No.2 present.
Earlier order, if any, to continue till next date.
Adjd. to 26/09/2022 for N/M and Ch/S hrg.
Next Purpose: C/S HEARING
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: Adv. Bramhne h/f Adv. S. K. Bhosale for plaintiff present and submitted that his senior Adv. is hospitalized hence, requested time to argue on N/M.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and opposed continuation of earlier order. However, considering the reason of ill health of the Adv. time is granted till next date.
None for proposed deft. No.2 present.
Earlier order, if any, to continue till next date.
Adjd. to 14/10/2022 for N/M and Ch/S hrg.
Next Purpose: C/S HEARING
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and submitted that as per convenience of the plaintiff, matter kept today for N/M and Ch/S hrg. but none present for plaintiff. Hence, earlier order should not be continued. Hence, matter adjourned without continuing earlier order.
Adjd. to 25/11/2022 for N/M and Ch/S hrg.
L.O. 05.45 p.m.
Adv. S. K. Bhosale for plaintiff present and submitted that he was busy in Hon''ble High Court when matter was called out. Therefore, earlier order be continued. Hence, earlier order is continued with direction to plaintiff to proceed with the N/M on next date otherwise necessary order will be passed.
Earlier order, if any, to continue till next date.
Adjd. to 31/10/2022 at 12.00 noon for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-10-2022
Date: 31-10-2022
Business: Adv. S. K. Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
None for proposed deft. No.2
Heard both sides on Ch/S No.356/2022.
Earlier order, if any, to continue till next date.
Adjd. to 04/11/2022 for order on Ch/S No.356/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: Adv. Mr. Bhalerao h/f. Mr. Bhosle for plaintiff present
None for defendant/BMC
Earlier order, if any, to continue till next date.
Adjd. to 16/11/2022 for order on C/S.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Adv. S. K. Bhosale for plaintiff present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adv. Tejas Shah for proposed deft. No.2 present.
Heard arguments of Adv. for proposed deft. No.2 on Ch/S No.356/2022.
K.B.
L.O.
Same appearance.
Earlier order, if any, to continue till next date.
Adjd. to 23/11/2022 for Ch/S order and N/M hrg.
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv. S. K. Bhosale for plaintiff present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC present.
F.R.S.R. following order is passed on Ch/S No.356/2022-
O R D E R
1. Chamber Summons No.356/2022 is allowed.
2. The plaintiff to carry out necessary amendment in the plaint.
3. The plaintiff shall served copy of amended plaint to defendants.
Earlier order, if any, to continue till next date.
Adjd. to 09/12/2022 at 12.30 p.m. for compliance and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: At 12.30 p.m.
None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B.
L.O.
Adv. S. K. Bhosale for plaintiff present and tendered application for seeking extension of time for amendment carried out in the Ch/S No.356/2022, TOR and marked as Exh.6. O - One week time granted in the interest of justice.
Adv. P. G. Chandasane h/f Adv. Hardik Desai for applicant present.
Rest of the same appearance.
Earlier order, if any, to continue till next date.
Adjd. to 14/12/2022 for compliance and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Adv. S. K. Bhosale for plaintiff present and tendered affidavit of service, TOR.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. Hardik Desai for deft. No.2 present and requested time to file reply to N/M. Adv. for corporate opposed adjournment stating that injunction is running against the corporate and further submitted that on next date N/M will be heard. Hence, matter is adjourned till next date with direction that defendant No.2 to file reply to N/M on next date without fail. If defendant No.2 failed to file reply to N/M, necessary order will be passed.
Earlier order, if any, to continue till next date.
Adjd. to 21/12/2022 for N/M reply by defendant No.2/ N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Adv. Bhosale for plaintiff present and tendered draft Ch/S, TOR. Leave is granted to register the same, returnable on next date. Copy be supplied to other side.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. Hardik Desai for deft. No.2 present and tendered reply to N/M No.1035/2020, TOR. Copy is supplied to plaintiff and defendant No.1/ BMC.
Earlier order, if any, to continue till next date.
Adjd. to 04/01/2023 for service and reply to Ch/S and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2023
Date: 04-01-2023
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. Sunita Dubey h.f . Adv. S.K. Bhosale for plaintiff present.
Adv Mrs Tondwalkar for defendant no.1 /BMC is present.
Adv. Hardik Desai for Defendant No.2.
Earlier order, if any, to continue till next date.
Adjd. to 11/01/2023 for service and reply to Ch/S and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv. S. K. Bhosale for plaintiff present and tendered register Ch/S No.2146/2022, TOR. Copy is supplied to Adv. for defendant No.2. Copy of Ch/S already served to defendant No.1/ BMC.
Adv. for plaintiff also tendered written arguments in N/M No.1035/2020, TOR and marked as Exh.7. Copy is supplied to other side and also tendered application for submission of documents, TOR and marked as Exh.8. Copy is supplied to other side.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. Churasama h/f Adv. Hardik Desai for defendant No.2 present.
K.B.
L.O.
Adv. Hardik Desai for defendant No.2 present and tendered pursis to adopt N/M reply as written arguments, TOR and marked as Exh.9. O - R and R.
Rest of the same appearance.
Heard Adv. for defendant No.1/ BMC on N/M No.1035/2020 and reply arguments by Adv. for plaintiff on N/M No.1035/2020
Earlier order, if any, to continue till next date.
Adjd. to 18/01/2023 for order on N/M No.1035/2020 and Ch/S reply.
Next Purpose: NM ORDERS
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: Adv. S. K. Bhosale for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present
F.R.S.R. following order is passed on N/M No.1035/2020.
O R D E R
Notice of Motion No.1035/2020 dismissed with cost.
L.O.
Adv. for plaintiff filed application for extension of ad-interim protection, TOR and marked as Exh.10.
Adv. for defendant/ BMC has given say overleaf by opposing said application. Said application has been kept for order on next date.
Earlier order, if any, to continue till next date.
Nature Of Disposal: DISMISSED
Disposal Date: 18-01-2023
