Pramila Holanath KocharekarVsThe Commissioner MCGM

Date: 25-03-2019
Business: Advocate Mr. Vijayprakash Yadav for Plaintiff present and filed registered Notice of Motion no.1271/19 with affidavit in support, t.o.r.
Advocate Ms. Tondwalkar for BMC/Deft present.
Sub Engineer, Mr. Sachin Sarvde, BMC present and submitted that, letter of 2011 was issued to Plaintiff however, in 2011 BMC circular of 2004 was applicable to suit property and in view of said 2004 circular the structures existing since 1962 can be protected.  2004 circular is amended in the year 2017 but criteria for protection is not changed, hence according to BMC officer Mr. Sachin Sarvde, documents sought by the letter of 2011 can not be accepted for protection of suit property.
Court has pointed out BMC officer that in the letter of 2011 documents of existence of suit property since 1995 were sought and accordingly Plaintiff has produced documents thereafter BMC can not changed its stand and can not ask Plaintiff to file documents showing existence of suit property since 1962.  Court has also pointed out BMC officer that BMC will have to either rely upon the letter of 2011 which is the base of disputed notice or BMC will have to withdraw said letter and BMC will have to withdraw disputed notice, with liberty to issue fresh notice upon Plaintiff so that Plaintiff can have the fair opportunity to produce the documents as sought.
Ms. Tondwalkar for BMC submitted that, BMC will take appropriate steps in respect of observations of the Court.  Considering submissions adjourned.
Case is adjourned to 10/04/2019 for NM hearing and steps by BMC.
Earlier order to continue till next date.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-04-2019

Date: 10-04-2019
Business: Case is adjourned to 30.04.2019 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 30-04-2019

Date: 30-04-2019
Business: As Court is busy in hearing N/M in ST no. 1864/19 and in hearing urgent ad-interim matter. The board is discharged.
Earlier order to continue till next date.
The Case is adjd. To 25.06.2019 for  NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2019

Date: 25-06-2019
Business: Advocate Vijayprakash Yadav for Plaintiff present.
Adv. Sidharth Chandrashekhar BMC Counsel present.
Adv. for plaintiff sought time to bring on record certain subsequent events claiming that the impugned notice is withdrawn by the defendants. He seeks time. Time is granted.
Earlier order to continue till next date.
The case is adjourned to 15.07.2019  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: Advocate Devmani Shukla for the plaintiff present.
Advocate Ms. Chavan for defendant /MCGM present.
Earlier order to continue till next date.
Matter adjd to 19.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: Advocate Devmani Shukla for plaintiff present.
Advocate Giri for defendant/MCGM present.
As Court is busy in dictating order in suit no. 169/09 and hearing NM in suit no. 282/16 and ad-interim hearing in ST no. 8899/19 and 8902/19 and other matters on board. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 09.09.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Advocate Devmani Shukla for plaintiff present and filed draft chamber summons along with affidavit in support. T.O.R. Leave is granted to register Chamber Summons.
Advocate Chandrashekhar for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 07.10.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: Advocate Ms. Dipti Kuber h/f adv. Devmani Shukla  for plaintiff present and filed original Chamber Summons No.1685/19 along with affidavit in support of Chamber Summons. T.O.R.
Adv. Sidharth Chandrashekhar Counsel for BMC present and sought time to file reply to Chamber Summons.
Earlier order to continue till next date.
The case is adjourned to 28.11.2019 for Chamber Summons reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Adv. Hemangi  for plaintiff present.
Adv. Sidharth for deft./MCGM present.
Both side submit that mediation process is going on.
Earlier order to continue till next date.
Matter is adjd. 23.01.2020 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 23-01-2020

Date: 23-01-2020
Business: HHJ is on leave. Hence today board is discharged
Next Purpose: C/S REPLY
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. Mr. Vijayprakash Yadav for plff., disputed terms mentioned before the mediator.  Plff is not ready to accept said terms.
Adv. Mr. Siddharth Chandrashekhar for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing on 28.02.2020 at
11.30a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Adv. Mr. Vijay Prakash Yadav for plff. present.
Adv. Mr. Chandrashekhar for deft./MCGM present.
Heard arguments of both side on Ch/s. no. 1685/19.
F.R.S.R. following order is passed on ch/s. no. 1685/19.
                                 ORDER
1.Ch/s no. 1685/19 is made absolute.
2. Plff is at liberty to carryout the amendment within a week from date of uploading the order.
3. Deft/MCGM is at liberty to file W.S.
4. Considering urgency mentioned by MCGM, parties to expedite the hearing.
Adv. Mr. Vijay Yadav for plff, submits that in view of requirement of MCGM , plff is ready to furnish indemnity bond and NOC.
Adv. Mr. Siddharth for MCGM, on instruction of MCGM officer Mr. Mayurkumar Bhamare, Asst. Engg. (Maint.)\''S\'' ward, submits that plff. to comply formalities, MCGM is ready to hand over permission as per Kurar Pattern.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing/ consent terms on
29.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: Adv. Mr. Vijay Prakash Yadav for plff. present.
Adv. Mr. Chandrashekhar for deft./MCGM present.
Mr.  Mayurkumar Bhamare, Asst. Engg. (Maint.) \''S\'' ward, MCGM present.
Exh.3- Letters from Mediation center
Exh.4- Letter of Judge Mediator with consent terms.
Exh.5- Consent terms with signature of plff and deft. and
both side ld advocates.
Exh.6- Indemnity bond.
Exh.7- No objection given by Nirmalaben Palande.
Exh.8- No objection given by Savita Mayekar.
Heard both side ld advocates, plffs vide Exh.7 and 8
admitted the contents are explained to them in vernacular
by their lawyer.
Suit is disposed of as per compromise terms vide Exh.5.
Decree be drawn accordingly.
NM no. 1271/19 stands disposed of as suit is compromise.
Nature Of Disposal: COMPROMISE
Disposal Date: 29-02-2020

Main Case No: SUIT/0100514/2019
Main Cnr: MHCC010005162019
Main Filing No: 111447

Filing Number: 103556/2019
Filing Date: 22-03-2019
First Hearing Date: 25th March 2019
Decision Date: 29th February 2020
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE