Date: 16-03-2018
Business: By precipe
Matter pertains to C. R. No. 11.
Advocate Mr. S. K. Dubey for plaintiff present.
Advocate Mr. Khandagle for deft./BMC present.
Draft Notice of Motion alongwith affidavit in support filed by the plaintiff. t.o.r.
Heard both the parties. The defendant/corporation till yet has not passed speaking order. However, by the impugned notice defendant threatened to dispossess the plaintiff. Adv for corporation submitted that he has no instruction whether the speaking order is passed. Hence, defendant/ corporation is directed not to take any coercive action till next date.
Adjourned to 17.04.2018 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 09-04-2018
Date: 09-04-2018
Business: Mentioned by Preciepe.
Advocate Mr. S. K. Dubey for the Plaintiff present.
Advocate Ms. Hajare for BMC/deft present.
Vakalatnama of the Plaintiff. t.o.r.
List of the documents tendered by the Plaintiff. t.o.r.
Draft Ch/s alongwith affidavit in support taken out by the Plaintiff for seeking amendment in the suit plaint. t.o.r. Leave granted to register.
Draft N/M alongwith affidavit in support taken out by the Plaintiff for restraining the defendant temporarily from enforcing speaking order dtd 2.04.2018. t.o.r. Leave granted to register.
In view of change in circumstances and today new motion has taken out by the plaintiff, by consent of the adv for the Plaintiff, earlier draft notice of motion stands disposed of and it be registered for statistical purpose. In view of photographs filed on record and considering the notice issued u/s 354 A of MMC Act and order passed, it is just to give directions to the parties to the suit to maintain status-quo in respect of suit premises in
Next Purpose: REPLY
Next Hearing Date: 06-06-2018
Date: 06-06-2018
Business: Adv Mukesh Dubey for the plaintiff present.
Adv Hajare for the def/BMC present.
Earlier order to continue till next date.
Adjourned to 25.07.2018 for reply.
Next Purpose: REPLY
Next Hearing Date: 25-07-2018
Date: 25-07-2018
Business: Adv Mukesh Dubey for plaintiff present and filed original NM no.1551/18 alongwith affidavit t.o.r. and filed original ch/sum no.720/18 alongwith affidavit t.o.r.
Writ of summons marked at Exh.4 t.o.r.
Adv Hajare for def/BMC present.
Earlier order to continue till next date.
Adjourned to 12.09.2018 for reply.
Next Purpose: REPLY
Next Hearing Date: 12-09-2018
Date: 12-09-2018
Business: Advocate Mr. Mukesh Dubey for Plaintiff present.
Advocate Ms. Hazare for BMC/Deft. present and submitted that she will file reply to Chamber Summons and Notice of Motion on next date. Hence, with consent, case is adjourned to 03/11/2018 for reply to Notice of Motion and Chamber Summons.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-11-2018
Date: 03-11-2018
Business: Advocate Mr. Mukesh Dubey for Plaintiff present
Advocate Ms. Hajare for BMC/Deft present and sought time to file reply to Notice of Motion. Granted.
Earlier order to continue till next date.
Case is adjourned to 29/01/2019 for reply/hearing of Nm.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2019
Date: 29-01-2019
Business: Court is busy in dictating order on NM orders in suit nos.153/19 and 244/17 as well as order on Chamber Summons in suit no.2667/17, hence case is adjourned to 28/03/2019.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Court is busy in dictating Judgment in suit no.2117/07, hence case is adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2019
Date: 05-07-2019
Business: As Court is busy in hearing NM in suit no. 660/19, Suit no. 1406/17 and Chamber Summons in Suit no. 1650/18. The board is discharged.
Earlier order to continue till next date.
The case is adjourned to 19.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: 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 board is discharged.
Earlier order to continue till next date.
The case is adjourned to 09.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: As Court is busy in dictating Judgment in SU no. 5947/07 and in hearing ad-interim matters in SU no. 2624/19, 2627/19, ST No. 10927/19 and also other matters on board. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 20.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: (In charge Court to C.R. no.11)
Adv. S. K. Dubey for plaintiff present.
Adv. Mr. Giri for deft/MCGM present.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 21.01.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. S.K.Dubey for plaintiff present.
Adv. for deft./MCGM absent.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 05.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: (In charge Court to C.R. no.11)
Adv. Mr. S.K. Dubey for plaintiff present.
Adv. Mrs. Tondwalkar for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 04.05.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-05-2020
Date: 04-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-05-2020
Date: 26-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-06-2020
Date: 11-06-2020
Business: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Business: Due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Adv. Mr. Dubey for plaintiff present.
Adv. Ms. Tondwalkar for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjourned for NM reply/hearing to 12.03.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Mr. Mukesh Dubey for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjourned for NM reply to 11.06.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Business: Due to Covid 19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: None for plaintiff.
Adv. Mr.Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for N.M. hearing to 29/09/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 10.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Upadhyay for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 20.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Mr. Mukesh Dueby for plaintiff is present.
Adv. Mr. Khandagale for Defendant/MCGM is present.
Adv. for the defendant endorsed say on C/S 720/2018 and orally requested for time to file NM reply.
Earlier order, if any, to continue till the next date.
Adjourned for C/S hearing/ NM hearing to 25/02/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: None is present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Heard the advocate for the defendant on Ch/s 720/18.
Earlier order, if any, to continue till the next date.
Adjourned for Ch/s Order / NM hearing to 09.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Adv. Mr. Mukesh Dueby for plaintiff is present.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
KB LO at 4.50 pm.
F.R.S.R. following order is passed on Ch/s No. 720/2018:
ORDER
(i). The Chamber Summons No. 720 of 2018 is made absolute in terms of prayer clause (a).
(ii). The plaintiff is directed to carry out the proposed amendment in the body of the plaint, positively within two weeks from the passing of this Order.
(iii). Costs to follow the event.
(iv). The Chamber Summons No. 720/2018 is disposed
off accordingly.
Earlier order, if any, to continue till the next date.
Adjourned for compliance/NM hearing to 23.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
The plaintiff is absent to comply with the order Ch/s No. 720/18. Hence, the matter is posted for suitable order.
Earlier order, if any, to continue till the next date.
Adjourned for Order/NM hearing to 11.07.2022.
Next Purpose: ORDER
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. He submitted that the amendment is carried and he needs some time to file copy of the amended plaint. Time is granted till next date.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded.
Adjourned for no reply no WS order to 03.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2022
Date: 03-09-2022
Business: Holiday declared due to Ganpati Festival
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
Adjourned for NM hearing (no reply no WS) to 09.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and requested for time to argue on NM. Time is granted.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Adjourned for NM hearing (No reply no WS) to 27.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Advocate Mr. Mukesh Dubey present for plaintiff.
Adv. Mrs. Chavan for defendant/MCGM is present.
Earlier order to continue till next date.
Adjourned for NM Hearing to 26.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Date: 01-07-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
The following Order is passed on NM No. 1551/2018.
-: O R D E R :-
01. Heard both the sides. Considering their submissions, here, it is notable that the plaintiff replied the notice, issued on 10.03.2018, on 14.03.2018, raising various contention supported by documents. Still, it appears that while passing Speaking Order on 02.04.2018, the defendant did not individually consider his contentions as well as documents. As such, the said Order is vague and silent on such aspects. This positions is fairly conceded even by the advocate for defendant. Further, the defendant didn’t rebut the plaintiff’s stand by filling his NM reply. Hence, NM No. 1551/2018 stands disposed of, calling upon of the defendant to consider the plaintiff’s notice reply and to pass the Speaking Order afresh. In the meantime, he is restrained to take coercive steps against the notice structure, except by following the due process of law.
Adjourned for RE (No WS) to 09.08.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: None present for the plaintiff to proceed with the matter.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for RE (No WS) (LN) to 04.09.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: Adv. Mr. Mukesh Dueby for the plaintiff is present and requested time to lead evidence, as plaintiff is out of station. Time is granted.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for RE (No WS)(LN) to 09.10.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-10-2023
Date: 09-10-2023
Business: PO in on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. He informed that the plaintiff is not in contact and he has no instructions in the matter.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Order below Exhibit No. 01:
The record shows that the plaintiff is absent to proceed further with the matter since last considerable time. No stay order is brought on record. In view of the statement of his advocate, it is clear that she is not worried to proceed further with the suit. In the result, the suit is dismissed for want of her prosecution U/O. IX, Rule 8 of the C.P.C.,1908. All the pending applications are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
After expiry of the Appeal period, the Original documents filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 08-11-2023