Jainullah Shah Mohd. ChaudharyVsMCGM

Date: 27-04-2022
Business: Matter pertains to C.R.No.11.
Adv. Pooja Shivtarkar  for the plaintiff present.
Adv. Khandagale for defendant/MCGM is present.
Earlier Order, if any, to continue till the next date.
Adjourned for Direction to 18.07.2022.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Adv. Mr. Rahul Singh for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. He submitted that while passing the earlier order, the defendant was supposed to pass Speaking Order and till date it is not passed. Sufficient time is already granted to file NM reply. Hence, this request is discarded.
Heard both the sides on NM No. 1381/2020. The following order follows on NM No. 1381/2020:
ORDER
       Having considered there submissions, at the outset, it seems that in view of the notice dated 28.07.2020, the plaintiff filed his reply on 03.08.2020 and admittedly, as of now, the Speaking Order is awaited in the matter. The learned advocate for the plaintiff made the statement at bar that till date, no Speaking Order is communicated to the plaintiff. Even the defendant did not file reply on this NM. Needless to say that having received the notice reply, it was required from the defendant to consider the same and to communicate his response/outcome, in either form, to the plaintiff. However, this procedure is not followed. Nor, till date, the passing of speaking order is communicated on the record. This was the position prevailing even at the time of passing of earlier order of status-quo which is continued till date. On this background, it can safely be concluded that the defendant is yet to follow the due process of law before proceeding against the notice structure. In the result, the defendant is called upon to consider the notice reply dated 03.08.2020 filed by the plaintiff and to pass the speaking afresh, if he so desires. In the meantime, he is restrained to proceed against the notice structure, without following the due process of law, on the basis of the suit notice dated 28.07.2020. In case, the said order goes against the plaintiff, the effect and operation thereof may be stayed for the period of two weeks from the date of its communication to the plaintiff, so as to enable him to exercise the remedies legally available to him. In the light of these observations, NM No. 1381/2020 is disposed of as partly allowed.
Adjourned for WS to 26.09.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: Adv. Rajesh Singh for the plaintiff is present.
Adv. Khandagale for defendant/MCGM is present and submitted that in this matter, the Speaking Order is still awaited.
Adjourned for WS to 28.11.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: HHJ is on Leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: PO is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: PO is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: Adv. Mr. Rahul Singh for the plaintiff is present. He submitted that in this matter the defendant is directed to follow the DPL.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested for time to file WS. Time is granted strictly as last chance.
Adjourned for WS (LN) to 24.07.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: Adv. Mr. Makhija h/f Adv. Rajesh Singh for the plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file WS. Time is granted.
Adjourned for WS (LN) to 30.08.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file WS. Time is granted.
Adjourned for WS to 08.11.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: Adv. Mr. Rahul Singh for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
As the suit is for DPL, by concent of the parties, it is referred to Lok-Adalat and issuance of separate notices is dispensed with.
Adjourned for lok-adalat/WS to 09.12.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-12-2023

Date: 09-12-2023
Business: None present for plaintiff.
Advocate Giri  for defendant/BMC present.
Shri. Rahul Chaugule J/E. ( B& F) L Ward for BMC present.
Settlement are not arrived at.
Matter posted before regular Court.
Matter is adjd for 20.02.2024
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-02-2024

Date: 20-02-2024
Business: Adv. Mr. Rahul Singh for the plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Giri for defendant/MCGM is present and sought time to file WS. Time is granted.
Adjourned for WS to 08.05.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-05-2024

Date: 08-05-2024
Business: Adv. Mr. Rahul Singh for the plaintiff is present.
Adv. Mr. Khandagale h/f Adv. Giri for defendant/MCGM is present and sought time to file WS. Time is granted.
Adjourned for WS to 28.06.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-06-2024

Date: 28-06-2024
Business: Adv. Mr. Rahul Singh for the plaintiff is present.
Adv. Mr. Arvind Rathod for defendant/MCGM is present and sought time to file  WS. Time is granted.
By concent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.
Adjourned for Lok-Adalat/WS to 27.07.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 27-07-2024

Date: 27-07-2024
Business: PANEL HEAD - HHJ SHRI R. M. MISHRA
Panel Member - Adv. Shri. Vishal Bhogle
Matter pertains to CR No. 11
None for plaintiff.
Adv. Smita Charate for defendant/MCGM present.
Matter is adjd to 29.08.2024
Next Purpose: Lok-Nyayalay
Next Hearing Date: 29-08-2024

Date: 29-08-2024
Business: None present for the plaintiff. Adv. Mrs. S.R. Charatkar a/w Adv. Mr. Yadav for defendant/MCGM is present and sought time to file WS. Time is granted.
Adjourned for WS to 05.10.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-10-2024

Date: 05-10-2024
Business: None present for the plaintiff. Adv. Mr. V.G. Shinde for defendant/ MCGM is present and sought time to file WS. Time is granted.
Adjourned for WS to 02.12.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-12-2024

Date: 02-12-2024
Business: Adv. Ms. Sarita Choudhari h/f Adv. Mr. Rajesh Singh for the plaintiff is present. Adv. Mr. Botlawar a/w Mr. V.G. Shinde for defendant/MCGM is present and sought time to file WS. Granted.
Adjourned for WS to 31.01.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 31-01-2025

Date: 31-01-2025
Business: Court is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-03-2025

Date: 07-03-2025
Business: Adv. Ms. Sarita Chaudhari h/f Adv. Mr. Rajesh Singh for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and sought time to file WS. Advocate for the plaintiff opposed adjournment. By consent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.
Adjourned for lok-adalat to 22.03.2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 22-03-2025

Date: 22-03-2025
Business: NATIONAL LOK-ADALAT DATED 22.03.2025                                             PANEL NO.3
_____________________________________________
Plaintiff is absent.
Adv. for plaintiff is absent.
Adv.  for BMC absent.
Officer of BMC is absent.
Matter is not settled.
Matter adjourned to 08.05.2025.
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 08-05-2025

Date: 08-05-2025
Business: Adv. Mr. Rahul Singh for the plaintiff is present and submitted that matter is pending since long for WS and submitted to pass No WS Order. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present and seeks time to file WS. Time is granted strictly as last chance.
Adjourned for WS to 04.07.2025.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-07-2025

Date: 01-07-2025
Business: By Praecipe matter is taken on today's board.
Adv. Mr. Rahul Singh for the plaintiff is present and tendered draft Ch/s. along-with affidavit. O- Leave is granted to register draft Ch/s. till the next date. He undertook to supply its copy on the next date. Adv. Mr. S.R. Yadav h/f Adv. Mr. Botlawar for defendant/ MCGM is present.
Already adjourned for tendering registered Ch/s./Ch/s. reply to 04.07.2025.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-07-2025

Date: 04-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Matter pertains to C.R. No. 11
Adv. Mr. Ranjan Mishra i/b Rajesh Singh and Associates for the plaintiff is present and tendered registered Ch/s. 1520/2025 with affidavit.
Adv. Mr. Suryakant Botlawar for defendant/MCGM is present and filed say on Ch/s No. 1520/2025 overleaf.
Adjourned for Ch/s hearing .to 07.07.2025.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-07-2025

Date: 07-07-2025
Business: Adv. Mr. Rajesh Singh for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present.
F.R.S.R. Following Order is passed in Ch/s. No. 1520/2025.
-: O R D E R :-
(i).	Chamber Summons no.1520 of 2025 is made absolute as 	per the schedule annexed alongwith the CS.
(ii).	Plaintiff to carry out amendment as per the schedule within 	stipulated time.
(iii).	Chamber Summons is, accordingly,  disposed of.
Advocate for plaintiff tendered draft NM along-with affidavit. O- Leave is granted to register draft NM till the next date. Today, plaintiff has filed draft NM seeking relief to restrain defendant from enforcing notice dtd. 28.07.2020. In pursuant to Order dtd. 18.07.2022 the defendants was restrained from proceeding against the notice structure, till Speaking Order was passed. But, Speaking Order was passed on 26.06.2025 and therefore, the apprehension of the plaintiff is justified. The defendant is yet to file reply to notice of motion which is yet to be registered. Hence, defendant is directed to maintain status-quo of notice structure till next date.
Adjourned for compliance/tendering registered NM/NM reply to 21.07.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: (MATTER PERTAIN TO C.R. NO. 11)
Adv. Mr. Iftekhar Sayed for the plaintiff is present and filed application for extension of time to carryout amendment. Taken on record. It is marked as Exhibit 3. O- Time is extended for one week.
Adjourned for costs/compliance to 04-08-2025.
                                                                                         Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 25-07-2025

Date: 25-07-2025
Business: By Praecipe matter is taken on today's board.
Adv. Mr. Rajesh Singh for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/MCGM is present. On request of advocate for plaintiff matter is preponed on 28.07.2025.
Adjourned for costs/compliance to 28.07.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-07-2025

Date: 28-07-2025
Business: Adv. Mr. Rajesh Singh for the plaintiff is present and tendered registered NM No.3684/2025 along-with affidavit. He filed application for extension for earlier Order. Taken on record. It is marked as Exhibit 4. O- Other side to say. Adv. Mr. Botlawar for defendant/BMC is present and filed reply to NM No. 3684/25. Taken on record. O- Filed. He also file list of documents in NM. Taken on record. O- Filed. He further endorsed say on Exhibit 4.
Heard both the sides on Exhibit 4. Order- The plaintiff has filed application and prayed for extension of interim order dtd. 07.07.2025, which is opposed by the defendant. Today, the defendant has filed reply to NM and NM is posted for hearing. But, earlier in pursuant to order dtd. 07.07.2025 status-quo was granted in respect notice structure till next date. But in the meantime it was not extended in 21.07.2025. Hence, earlier order of status-quo in respect of notice structure is extended till the next date.
Adjourned for compliance/NM hearing to 04.08.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-08-2025

Date: 04-08-2025
Business: Adv. Mr. Rahul Singh for the plaintiff is present and sought time to file amended plaint on record. He supplied copy of amended plaint to defendant/BMC. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present. Earlier order, if any, to continue till next date.
Adjourned for filing copy of amended plaint/ to 25.08.2025..
Next Purpose: COMPLIANCE
Next Hearing Date: 25-08-2025

Date: 25-08-2025
Business: Adv. Mr. Iftekhar Sayed h/f Adv. Mr. Rajesh Singh for the plaintiff is present and sought time to supply copy of amended plaint on record. Time is extended till the next date. Adv. Mr. Botlawar for defendant/BMC is present. Earlier order, if any, to continue till next date.
Adjourned for compliance to 29.09.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-09-2025

Date: 29-09-2025
Business: Adv. Ms. Sarita Chaudhari h/f Adv. Mr. Rajesh Singh for the plaintiff is present and sought time for compliance. Time is extended till the next date. Adv. Mr. Botlawar for defendant/BMC is present. Earlier order, if any, to continue till next date.
Adjourned for compliance to 10.11.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-11-2025

Date: 10-11-2025
Business: Adv. Mr. Rajesh Singh for the plaintiff is present and sought extension of time to tender amended copy of plaint. Time is extended till the next date. Adv. Mr. Botlawar for defendant/BMC is present. Earlier order, if any, to continue till next date.
Adjourned for compliance to 01.12.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-12-2025

Date: 01-12-2025
Business: Adv. Mr. Rahul Singh for the plaintiff is present and filed copy of amended plaint. Taken on record. It is marked as Exhibit 1-A. O- Filed. Copy is supplied to the other side. Adv. Mr. V.G. Shinde for defendant/BMC is present and seeks time to file WS. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for additional WS to 14.01.2026.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-01-2026

Date: 14-01-2026
Business: Adv. Mr. Kamal Mishra h/f Adv. Mr. Rajesh Singh for the plaintiff is present. Adv. Mr. S.R. Yadav h/f Adv. Mr. Botlawar for defendant/ BMC is present and seeks time to file additional WS. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for additional WS to 27.02.2026.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-02-2026

Date: 27-02-2026
Business: Adv. Mr. Ranjan Mishra for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and filed pursis for treating NM reply as additional WS. Taken on record. It is marked as Exhibit 5. O- Filed.  NM reply is treated as additional WS. Taken on record. It is marked as Exhibit 6. O- Filed. Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 25.03.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2026

Date: 25-03-2026
Business: Adv. Ms. Sarita Chaudhari h/f Adv. Mr. Rajesh Singh for the plaintiff is present and requested time to argue the NM. Time is granted. Adv. Mr. Botlawar for defendant/BMC is present. Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 06.05.2026.
                                                                                                 Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2026

Date: 06-05-2026
Business: Adv. Mr. Saurabh Singh for the plaintiff is present and requested time to argue the NM. Time is granted. Adv. Mr. Botlawar for defendant/BMC is present. Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 10.07.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2026

Date: 10-07-2026
Business: Adv. Mr. Saurabh Singh h/f Adv. Mr. Rahul Singh for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present. Kept back.
Later on 3.55 p.m.
The appearance is as above. The advocate for plaintiff seeks time to argue on NM as senior is busy before the Honble High Court. Time is granted as last chance. Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 19.08.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2026

Date: 19-08-2026
Business: Matter pertains to C. R. No. 11
Adv. Mr. Rahul Singh for the plaintiff is present.
None present for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for NM Hearing to 28.10.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2026

CHAMBER SUMMONS/101520/2025
NOTICE OF MOTION/103684/2025

Filing Number: 104146/2020
Filing Date: 06-08-2020
First Hearing Date: 27th April 2022
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE