Ashutosh Arvind PhansalkarVsMCGM +1 more

Date: 04-04-2019
Business: Advocate for plaintiff is present and filed additional affidavit and registered NM No.1348/19.
Advocate Mr. Giri for deft./MMC present.
Advocate Mr. Rajesh Dixit for applicant is present and filed draft ch/s. Leave is granted to register.
Heard both the sides.
Still defendant corporation has not filed reply. Plaintiff apprehends that defendant will demolish the notice structure. Hence, in view of this defendant-corporation is directed not to take any coercive action till next.
Adjourned for reply/hearing on NM and ch/s to 16.04.2019.
                                                                           Judge
Next Purpose: REPLY
Next Hearing Date: 16-04-2019

Date: 16-04-2019
Business: Advocate for plaintiff present and requested short time to file reply to ch/s.
Advocate Mr. Giri for deft./MMC present.
None present for applicant.
Defendant-corporation is directed not to take any coercive action till next.
Adjourned for ch/s hearing to 20.06.2019.
                                                                           Judge
Next Purpose: REPLY
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: Advocate for plaintiff is present.
Advocate Mr. Dhumale for deft./MMC present.
Applicant present and filed registered C/S No.810/19.
Earlier order, if any, to continue till next date.
Adjourned for C/S reply to 23.07.2019.
Next Purpose: REPLY
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: Court busy in hearing urgent matters, board discharged and matter adjourned to 05.10.2019.
Earlier order, if any, to continue till next date.
                                                                           Judge
Next Purpose: REPLY
Next Hearing Date: 05-10-2019

Date: 05-10-2019
Business: Advocate for plaintiff is present and filed reply to Chamber summons, t.o.r.
Advocate Dhumale for defendant/BMC present.
Advocate Madhura Kulkarni for applicant present and filed vakalatnama, t.o.r.
Earlier order, if any, to continue till next date.
Adjourned for hearing of Chamber summons no.810/19 to 07/11/2019.
Next Purpose: REPLY
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Advocate for plaintiff is present.
Advocate Ms.Vyavahare for defendant/BMC is present.
None present for applicant.
No adjournment application filed on behalf of  applicant. Hence, Chs/ No.810/19 is hereby dismissed for want of prosecution.
Earlier order, if any, to continue till next date.
Adjourned to 23/01/2020 for Hearing .
Next Purpose: HEARING
Next Hearing Date: 23-01-2020

Date: 23-01-2020
Business: None for plaintiff.
Advocate Sutar for defendant/BMC present.
Ld. Adv. for defendant requested for time.- Granted.
Earlier order, if any, to continue till next date.
Adjourned for N/M Hearing to 02/04/2020.
L.O. at 5.00 p.m.
Ld. Adv. for applicant present.
He tendered draft N/M along with affidavit.
O-Leave is granted to register draft N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2020

Date: 24-04-2020
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 FOR HEARING
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Business: As per office order No. 83/2020 dated 01/06/2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2020

Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Business: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Business: CORAM  H.H.J. SHRI. S.C. PATHARE, JUDGE (C.R.NO.05)
INCHARGE OF CR NO.6
Adv. Smt. Naina Desai for plaintiff present.
Adv. Mr. S.P. Ramdasi for applicant present.
It is submitted by parties that on 23.1.20 delay condonation application was given by defendant.(It is wrongly mentioned as NM in previous roznama).
Defendant is directed to serve copy on opposite party.
Matter adjourned for service report to 08/12/2020.
Next Purpose: REPORT
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: Adv Desai present for plaintiff.
None present for defendant.
Adv SP Ramdashi for intervener present.
Adv of plaintiff submitted that earlier order is yet not discontinued. She requested to continue earlier order.
Earlier order if any to continue till the next date.
Today plaintiff has not given reply on application dated 22.01.2020.
Matter adjourned for reply to 16.02.2021.
Next Purpose: REPLY
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: By precepie
Advocate for plaintiff absent.
Advocate S.P. Ramdas for applicant present and filed draft notice of motion. Leave granted to register.
Advocate for defendant/BMC present.
Already Adjourned for reply to 16/02/2021.
Next Purpose: REPLY
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Advocate for plaintiff present
Advocate for applicant present and filed registered N/M 119/2021.
copy served on other side.
Advocate for defendant/BMC present.
Court busy in hearing suit no. 1106/2012 and other precipe matters.
Earlier order, if any, to continue till next date.
Adjourned for N/M reply to 20/04/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: As court is on leave. matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None present for plaintiff
Advocate Smt. Meena Dhuri for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd for N/M Reply to  18.12.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: Court is on half day Leave( Second session )
Adjd for N/M Reply   to 22.02.2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Advocate for plaintiff present and filed reply to application Marked as Exh. 03  and Reply Marked as Exh. 04.
Plaintiff also filed reply to Application Marked as Exh. 05 and Reply Marked as Exh. 06
None present for applicant.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd for Hearing on Application Exh. 03 and Exh. 05/  Hearing to 22.06.2022
Next Purpose: HEARING
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: None present for plaintiff
Advocate Smt. Deepali Patil for defendant/BMC.
Adjd for hearing on Exh. 3 to 19/08/2022.
Next Purpose: HEARING
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: None present for plaintiff
Advocate Smt. Deepali Patil  for defendant/BMC present.
Adjd for Hearing on Exh.3 to  16.11.2022
Next Purpose: HEARING
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: None present for plaintiff.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Adjd for Hearing on Exh. 3 to  27.01.2023
Next Purpose: HEARING
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: None present for plaintiff.
None present  for defendant/BMC present.
Adjd for Hearing on Exh. 3 to  17.03.2023
Next Purpose: HEARING
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: None present for plaintiff.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for NM Hearing to 28.06.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2023

Date: 28-06-2023
Business: As presiding officer is went for training to Uttan,matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2023

Date: 08-09-2023
Business: None present for plaintiff.
Advocate Deepali Patil  present for defendant/BMC.
Plaintiff is directed to remain present on next date and advance arguments positively.
Matter adjourned for NM hearing to 08.12.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2023

Date: 08-12-2023
Business: None present for plaintiff.
Advocate Deepali Patil present for defendant/BMC.
Plaintiff remains absent since long. Inspite of directions plaintiff is again absent and fails to advance arguments on NM. This fact shows that plaintiff lost his interest in NM no. 119/21. Hence NM no. 119/21 be kept for order.
Matter adjourned for NM dismissal to 17/2/24.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-02-2024

Date: 17-02-2024
Business: None present for plaintiff.
Advocate Deepali Patil  present for defendant/BMC.
Matter adjourned for NM dismissal to 20.07.2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: None present for plaintiff.
Advocate Amar Patil present for defendant/BMC.
Matter adjourned for NM dismissal to 30.09.2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-09-2024

Date: 30-09-2024
Business: None present for plaintiff.
Advocate Amar Patil h/f Adv. Sutar present for defendant/BMC.
As per Roznama restoration application vide Exh. 3 is pending, hence today Roznama is corrected and matter adjourned for no reply order on Exh. 3.
Matter adjourned for no reply order to 13.01.2025.
Next Purpose: ORDER
Next Hearing Date: 13-01-2025

Date: 13-01-2025
Business: 15-01-2025
Next Purpose: ORDER
Next Hearing Date: 21-02-2025

Date: 21-02-2025
Business: None present for plaintiff.
Advocate Amar Patil present for defendant/BMC.
None present for applicant.
Order on Exhibit 3 and 5
In view of Bombay City civil rules N/M be taken. The application vide Exh. 3 and 5 stand close and dispose of.
Matter adjourned for steps/NM Hearing to 02-05-2025.
Next Purpose: ORDER
Next Hearing Date: 02-05-2025

Date: 02-05-2025
Business: None present for plaintiff.
Advocate Bibhishan Sutar present for defendant/BMC.
Matter adjourned for steps/NM hearing to 04.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2025

Date: 04-08-2025
Business: None present for plaintiff.
Advocate Bibhishan Sutar present for defendant/BMC.
None present for applicant.
Matter adjourned for steps/NM hearing to 03.11.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2025

Date: 03-11-2025
Business: None present for plaintiff.
Advocate Amar Patil h/f Adv. Sutar present for defendant/BMC.
Matter adjourned for steps/NM hearing to 13.02.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2026

Date: 13-02-2026
Business: None present for the plaintiff.
Advocate Amar Patil present for defendant/BMC.
Plaintiff and his advocate are absent since June-2022. It appears that the plaintiff is not interested in proceeding with the hearing of Notice of Motions. Hence NM No. 119 of 2021 and NM No. 1348 of 2019 are dismissed in default and for want of prosecution. Proceedings in NM No. 119 of 2021 and NM No. 1348 of 2019 are closed. Parties to take note.
There is no Written Statements of defendant, hence suit is heard without Written statement of defendant.
Matter adjourned for Receding evidence to 08.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2026

Date: 08-04-2026
Business: None present for the plaintiff.
Advocate Bibhishan Sutar present for defendant/BMC.
Considering the element of settlement, matter is kept in Lok Adalat which is scheduled to be held on 09.05.2026. Parties to take note.
Matter adjourned for Lok Adalat to 09.05.2026.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-05-2026

Date: 09-05-2026
Business: None present for plaintiff.
Adv. Rupali Patil for defendant/MCGM present.
Matter not settled in Lok-Nyayalaya so it is referred to regular court.
Matter adjd.  to 13.07.2026 for evidence (without w.s.)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-07-2026

Date: 13-07-2026
Business: None present for the plaintiff.
Advocate Bibhishan Sutar present for defendant/BMC.
Plaintiff and his advocate are absent throughout since  August 2022. It appears that, plaintiff is not interested with proceedings with the suit. In the absence of the plaintiff, the suit cannot proceed further. Hence, suit is dismissed in default and for want of prosecution. Parties to bear their own cost. Proceedings in suit No. 876/2019 are closed. Parties to take note.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 13-07-2026

CHAMBER SUMMONS/100810/2019
NOTICE OF MOTION/100119/2021

Filing Number: 103426/2019
Filing Date: 19-03-2019
First Hearing Date: 04th April 2019
Decision Date: 13th July 2026
Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE