Dinesh Kumar RathiVsMCGM

Date: 08-04-2019
Business: Adv. Mukesh Dubey for plaintiff present.
Adv. Ms. Tondwalkar for MCGM/Deft present.
Officer of the The Municipal Corporation of Gr. Mumbai present.
Adjd. To 22/04/2019 for NM Reply.
Earlier order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Advocate S.K.Dubey  for plaintiff present.
Advocate Ms.Tondwalkar  for defendant /MCGM present.
Filed reply on NM and List of documents Exh. 2
Earlier order to continue till next date.
The Case is adjd. To 24.04.2019 for  NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: Advocate S.K.Dubey for plaintiff present filed filed original Notice of Motion no.1444/19 alongwith affidavit in support of Notice of Motion. T.O.R.
Advocate for plaintiff filed rejoinder of N/M. TOR.
Advocate Ms.Tondwalkar for defendant/MCGM present.
Heard advocate Dubey for plaintiff. He pointed out that defendant has not filed the copies of orders mentioned in the list of documents Exh. 2. Adv. Ms. Tondwalkar submitted that she will file the copies of exhibits b,c and d. of list Exh. 2 within an hour.
KB
LO at 3.00pm
Same appearance.
Heard advocate for plaintiff and defendant.
Earlier order to continue till next date.
The Case is adjd. to 26.04.2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Advocate Mukesh Dubey  for plaintiff present.
Advocate Ms.Hajare for defendant/MCGM present.
Order is partly dictated.
Earlier order to continue till next date.
The Case is adjd. To 30.04.2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 30-04-2019

Date: 30-04-2019
Business: Plaintiff present.
Advocate S.K.Dubey for Plaintiff present.
Advocate Ms.Hajare h/f adv. Ms. Tondwalkar for defendant/MCGM present.
FRSR following order is passed
                            ORDER
Notice of Motion 1444/19 is dismissed with costs.
Advocate for Plaintiff submitted an application for extension of ad-interim relief in order to approach the Hon\''ble High Court marked as Exh.3 Heard advocate Dubey for Plaintiff and adv. Ms. Hajare for Defendant Corporation. Adv. Dubey submitted that considering the ensuing vacations, if the Plaintiff is not protected at interim stage, a defendant will take action and entire suit will be rendered infructuous.
Adv. Ms. Hajare opposed for extension of ad-interim relief on the ground that Plaintiff has not succeeded on merits.
Considering the submissions, and the nature of construction alleged, in this case the ad-interim relief can be extended however only for a period of two weeks. It is also made clear that in any circumstances further extension will not be granted.
Authenticated copy of roznama be given to the parties.
Certified copy is expedited.
The Case is adjd. To 22.07.2019 for filing W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: As Court is busy in hearing arguments in suit no. 5947/07 and in dictating order in suit no. 2297/19 and other matters on board. The case is adjourned.
The case is adjourned to 28.11.2019  for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: None for plaintiff  and Deft/MCGM.
Matter is adjd. for W.S. on 06.02.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: None for plaintiff.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file W.S.
Matter is adjd. for W.S on 23.04.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: National Lockdown
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: National Lockdown
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: adjd.to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Business: Adjd. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: None present for plaintiff.
Adv. Tondwalkar for deft./MCGM present.
Matter is adjd. to 04/03/2021 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present and submitted that reply to NM be treated as written statement. Hence, it w/s is marked at Exh.4.
Matter is adjourned for w/s to 04.05.21.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Business: Due to Covid-19, matter is adjourned to next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: Due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: Court is Vacant. Matter adj.to next date
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Court is on leave. Matter is adj. to next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: None for the plaintiff is present.
Adv. Mrs. J.V.Mhatre for defendant/MCGM is present.
Adv. for defendant orally requested for time to file WS. Granted.
Adjourned for WS to 24.03.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present and orally requested for time to file WS. Granted.
Adjourned for WS to 07.07.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: Adv. Mr. Mukesh Dueby for the plaintiff is present.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and filed endorsement on NM reply exhibit 02 to be treated as WS.
Adjourned for draft issues to 06.09.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: None present for plaintiff.
Adv. Mrs. J.V. Mhatre  for defendant/MCGM is present.
The parties did not file draft issues. The matter is posted for issues.
Adjourned for framing of issues to 18.10.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: Adv. S.K. Dubey for the plaintiff is present and orally requested for time to file draft issues. Time is granted.
Adv. J.V. Mhatre for defendant/MCGM is present.
Adjourned for draft issues to 13.12.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: None present for the plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
The parties did not file draft issues.
Issues framed. It is marked at Exh. 05.
Adjourned for filing affidavit of documents to 31.01.2023.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 31-01-2023

Date: 31-01-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present. He informed that the plaintiff is not in contact and requested for time to intimate the plaintiff as regards this proceeding.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Adjourned for dismissal Order to 02.03.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: Even today, none present for the plaintiff to proceed with the suit. Hence, the matter is kept back.
Adv. Mrs. S.G. Chavan for defendant/MCGM is present.
KB LO at 01:15 pm.
Order below exhibit No.01:
     The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and therefore, it is posted for dismissal order. Even today, he is absent and therefore, the matter was kept back, as one another opportunity to the plaintiff to turn-up and proceed with the same, but in vain. Nor, any stay order is communicated on the record to justify his absence. It is, thus, clear that he is not interested to proceed further with the suit. In the result, the suit stands dismissed for want of prosecution on his behalf vide Order IX, Rule 8, of the C.P.C., 1908. All the pending applications are filed. The parties are called upon to bear their own costs of litigation. Bill of costs be drawn-up accordingly. The proceeding stands closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 02-03-2023

Filing Number: 104005/2019
Filing Date: 01-04-2019
First Hearing Date: 08th April 2019
Decision Date: 02nd March 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE