Behram Sheiriar IraniVsMCGM

Date: 20-03-2020
Business: COVID-19
Adv Sanjay Haritwal for plaintiff present and tendered NM No.1219/2020 alongwith affidavit.
Adv Suryawanshi for MCGM/defendant present.
ORDER passed in Roznama below NM No.1219 of 2020-
1. Plaintiff filed Notice of Motion. It is prayed by plaintiff to issue order of stausquo or ad-interim injunction to restrain defendant, its officers etc. from implementing the showcause notice u/s 351 of MMC Act and speaking order dated 11.03.2020 passed by Executive Engineer (B and F).
2. I have heard Learned Advocate Haritwal on behalf of plaintiff and Learned Advocate Suryawanshi appearing on behalf of defendant  MMC.
3. I have perused documents annexed with index and list of documents submitted by plaintiff.
4. I have also perused documents produced by defendant  alongwith list exh.5.
5. After hearing both the parties and after going through supra documents it transpires that the notice structure mentioned in said notice, inspection report and speaking order was not existing prior to the datum line. Further at this primary stage plaintiff could not show convincingly that said structure is carried out after written and due permission of MMC. There is nothing convincing came on the record to show that whether MMC in writing approved said structure in question. Therefore at this interim stage it is found that plaintiff is not entitled to any protection from this court.
6. After considering peculiar facts, circumstances etc. I proceed to pass following order in the interest of justice.
ORDER-
i. Prayer to issue order of status-quo or ad-interim injunction stands rejected at this stage.
ii. Call reply of defendant  on this Notice of Motion.
iii. After reply this Notice of Motion will be heard and will be decided by this court.
Matter adjourned for reply on NM to 20.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 30-05-2020
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: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: None present for plaintiff.
Adv Suryawanshi present for MCGM/defendant.
Matter adjourned for NM reply to 12.01.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: None present for plaintiff.
Adv Rawade present for MCGM/defendant.
Matter adjourned for NM reply to 08.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: As court is busy in hearing urgent matter in Suit No.1188/2016 hence for want of time board is discharged.
Matter adjourned for NM reply to 01.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Adv Uttam Rane (hf) present for plaintiff.
Adv Soraan present for MCGM/defendant.
Adv of plaintiff submitted application for unconditional withdrawal of the suit alongwith screenshots that BMC close the notice at Exh.6. Hence as per order 23 rule 1 of the CPC suit stands withdrawn and disposed, as prayed. NM No.1219/2020 also stands withdrawn and disposed off.
Nature Of Disposal: WITHDRAWL
Disposal Date: 01-03-2021

Main Case No: SUIT/0101069/2020
Main Cnr: MHCC010033302020
Main Filing No: 111447

Filing Number: 103704/2020
Filing Date: 19-03-2020
First Hearing Date: 20th March 2020
Decision Date: 01st March 2021
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE