Shantilal Chhogalalji Doshi +1 moreVsMCGM +1 more

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: NOBTOB. Matter is taken on board by praciepe. O-Allowed.
Adv Bharat Joshi present for plaintiff.
None present for defendant.
Adv for plaintiff filed draft CS alongwith affidavit for amendment in Notice of motion and suit. tor.
Leave grant to register CS.
Matter adjourned for reply on CS to 17.12.2020.
Next Purpose: C/S REPLY
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: Adv Bharat Joshi present for plaintiff.
Adv Rawade present for MCGM/defendant.
BMC officer Sr. Engineer Mangesh Kamble present.
Plaint at Exh.1.
VP of Adv of plaintiff at Exh.2.
Memorandum of address at Exh.3.
List of documents at Exh.4
Adv of plaintiff tendered registered CS No.738/2020 alongwith affidavit.
On behalf of third party I.e Landlord Adv Mungale submitted VP at Exh.5.
Adv of third party applicant submitted draft CS alongwith affidavit for impleading in the suit. Copies are served on opposite party. Leave granted to register CS.
Order below CS No.738/2020 (in Roznama)
Adv of plaintiffs submitted this CS for carrying out amendment in the plaint.
Court had passed order of due process of law.
Now MCGM passed speaking/final order hence plaintiffs want to take on the record said subsequent happenings.
Adv of MCGM admitted that speaking order is passed on 09.12.2020. Hence there appear no any hurder in allowing the amendment. Hence CS No.738/2020 stands allowed as prayed for. CS No.738/2020 disposed off. As per request of adv of plaintiff keep matter after one week.
Matter adjourned for amendment and reply on CS of third party landlord to 05.01.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Adv Bharat Joshi present for plaintiff.
Adv Rawade present for MCGM/defendant.
Adv of plaintiff submitted amended copy and requested to hear prayer of interim relief today.
He submitted that matter is on board.
Perusal of roznama it shows that on 24.11.2020 date was given 22.12.2020 in manually on board. Such entry is also there in memorandum. Thereafter on 16.12.2020 by praciepe of plaintiff matter was taken on board, then it was kept on 17.12.2020 for reply on CS. Thereafter on 17.12.2020 one third applicant filed CS. On 17.12.2020 Adv of plaintiff had submitted that he will reply CS on 05.01.2021 therefore date was given as 05.01.2021.
It means main matter was taken on board and due to above happenings date was changed in the suit/CS.
As previously date was given as 22.12.2020 today NM of plaintiff came on the board. Adv of plaintiff submitted that as his NM is on board he should be heard today for ad-interim relief as he has given notice to MCGM.
Adv of MCGM submitted that on 17.12.2020 date is given in the matter as 05.01.2021 therefore automatically NM should also have gone 05.01.2021. Today third party applicant is absent. perhaps third party applicant is not aware of the fact that NM date was given as 22.12.2020.
Adv of plaintiff is insisting to hear him on NM despite above facts by stating that after expiry of 15 days time from the speaking order the notice structure may be demolished by the corporation at any time. He further submitted that third party applicant is not yet added in the suit and insisted to hear NM. He further submitted that CS of third party is not allowed yet therefore he will not serve to the said party if matter is kept tomorrow.
It is true that matter should not be heard behind the back of any party once date is given. However due to taking matter on board NM came on the board of 22.12.2020 and suit is kept on 05.01.2021 as per convenience of parties.
Therefore this court thinks that due to above peculiarities to keep NM for arguments tomorrow at 11.00 am.
Matter adjourned for NM arguments to 23.12.2020.
LO at 3.30 pm.
Adv SN Mungale present for third party applicant in CS.
Matter adjourned for NM arguments to 23.12.2020.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 23-12-2020

Date: 23-12-2020
Business: Adv. Bharat Joshi for plaintiff present.
Adv. Tejas Mahamooni h/f Adv. Sanket Mungale present for applicant in Ch/s.
Adv. Rawade for Defendan MCGM Present.
Adv. for plaintiff submitted compilation of original documents.
On behalf of defendant MGCM Staff submitted affidavit of reply on NM.
Heard arguments of Adv. plaintiff and Adv. of MCGM.
Adv. Third party C/S. applicant tried to argue some points but adv. of plaintiff strongly opposed him by seem that his C/s. is yet to replied by him, Noted.
Matter adjourned for Order on NM Of Plaintiff to 24.12.2020.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 24-12-2020

Date: 24-12-2020
Business: Adv Shri. Bharat Joshi for plaintiff present.
Adv. Smt. Rawde for defendant (MCGM) present.
Adv Shri. Tejas Mahamuni h/f Adv Shri. Sanket Mungle present for applicant in C/S for third party.
FRSR; following order is passed:
                          ORDER
1)
Notice of Motion No.1289/20 stands dismissed and disposed off accordingly.
2)
Parties are requested to avoid delay on their part in the main suit.
3)
Authenticated copy of this roznama be given to plaintiffs and defendant (MCGM) if requested.
Matter adjourned for C/S reply to 5/1/21.
LO
Adv of plaintiffs submitted appln (Exh.6) for return of the compilation of org. documents filed on 23/12/2020 during arguments. Adv of MCGM gave no objection. Hence, following order:-
Said compilation of documents be returned to the plaintiffs as per rules by taking attested/true copy of compilation on record for future references. Plaintiffs shall ensure that there shall be no changes in said documents after return by the court.
Adv of plaintiffs submitted appln (Exh.7) for stay of order dtd.24/12/2020 for filing appeal before Hon\''ble High Court. Adv for MCGM present and filed strong objection. Plaintiffs are having right to challenge order of trial court before Hon\''ble High Court. Hence, both parties are directed to maintain status quo regarding notice structure for the period of two weeks from today. Accordingly, Exh.7 stands disposed off.
                                                                                  Judge
Next Purpose: C/S REPLY
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: PO is on Medical Examination.
Next Purpose: C/S REPLY
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv Shrutika Lakhan (hf) present for plaintiff.
Adv Rawade present for MCGM/defendant.
None present for applicant of CS.
Adv of plaintiff submitted adjournment application at Exh.8. O- Adjourned.
Matter adjourned for CS reply to 25.02.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Adv Pallavi Sidhpatil present for plaintiff.
Adv Rawade present for MCGM/defendant.
Adv Tejas Mahamuni present for applicant in CS.
Matter adjourned for CS reply to 16.03.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Adv. Pallavi (hf Adv Bharat Joshi) present for plaintiff.
Adv. Nandanwar (hf) present for MCGM/defendant.
Adv. Tejas Mahamuni (hf) present for applicant in CS and tendered registered CS No.773/2020 alongwith affidavit.
Adv of plaintiff tendered affidavit in reply in CS.
Matter adjourned for CS arguments to 30.03.2021.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Adv. Lakhan (hf) present for plaintiff.
Adv. Rawade present for MCGM/defendant.
Adv Mungale present for applicant in CS and wants to file rejoinder.
Adv of Plaintiff also sought adjournment due to absence of Senior Counsel.
Matter adjourned for CS arguments to 17.06.2021.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 17-06-2021

Date: 17-06-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Business: As presiding officer is on leave hence matter is adjd. to
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: As presiding officer is on leave, hence matter is adjd. to
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Adv. Shrutika h/f adv. Bharat Joshi present  for plaintiff.
Adv. Bibhishan Sutar present  for MCGM/defendant.
As court is busy in hearing arguments on Nm no. 3220/2012 in suit no. 4743/12, in Suit no. 1633/2021, in SU 2451/2019, on NM    no. 1052/2012 in suit no. 986/2012 and in suit st. no. 6122/21 and dictating order on draft Chs. in suit no. 2945/15, hence remaining board is discharged, and matter is adjd. to.22/11/21
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Adv. shrutika present  for plaintiff.
none present for applicant in chs.
Adv. Diwate present for MCGM/defendant.
Matter adjourned for cs arg. to. 18/01/22.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 18-06-2022

Date: 18-06-2022
Business: As presiding officer is on leave. Hence matter is adjourned to
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Court is busy in hearing in urgent matters i.e. Suit No.1841 of 2017 and Suit No. 645 of 2011. Hence want of time board is discharged.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
Matter is adjd for C/s hearing on 05-01-2023
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 05-01-2023

Date: 05-01-2023
Business: As Court is busy in urgent hearing in group matters i.e. Suit No. 313 to 320 of 2022 and also busy in in-charge court matters. Hence want of time remaining board is discharged.
Matter is adjd for Ch/s on 02-03-2023
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: As P.O. is on leave. Hence matter adjourned.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: None for Plaintiff.
Adv. Ms. Vyavahare for MCGM present.
Matter is adjd to 31.08.2023 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 31-08-2023

Date: 31-08-2023
Business: None for Plaintiff.
Adv. Rawade h/f Adv. Ms. Vyavahare for MCGM present.
Matter is adjd  to  26.10.2023 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: None for Plaintiff.
Adv. Swapna h/f Adv. Sanket Mungale for applicant present.
Adv. Ms. Rawade for MCGM present.
Matter is adjd  to 02.01.2024 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-01-2024

Date: 02-01-2024
Business: None for Plaintiff.
Adv. Pradip Patil h/f Adv. Vyavahare for defendant/BMC present.
Matter is adjd  to 22.02.2024 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-02-2024

Date: 22-02-2024
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Matter is adjd  to 30.03.2024 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-03-2024

Date: 30-03-2024
Business: None for Plaintiff.
Adv. Swapna h/f Adv. Sanket Mungale for applicant present.
Adv. Pradeep Patil h/f Adv. Ms. Rawade for MCGM present.
Matter is adjd  to 13.06.2024 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: None for Plaintiff.
Adv. Suryawanshi for MCGM present.
None present for the applicant in Ch/s No. 773/20. Inspite granting several opportunities the applicant and his advocate remained absent. Hence, in view of objection taken by adv. for MCGM matter be kept for dismissal of Ch/s No. 773/20.
Matter is adjd  to  20-07-2024  for Ch/s dismissal.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Due to heavy rains in Mumbai, matter is adjourned.
Matter is adjd  to 19.09.2024 for Ch/s dismissal.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 19-09-2024

Date: 19-09-2024
Business: None for Plaintiff.
Adv. Khobragade for applicant present.
Adv. Sachin Vajale for defendant/BMC present.
Matter is adjd  to  17.10.2024 for Ch/s dismissal.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 17-10-2024

Date: 17-10-2024
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Adv. Swapna h/f Adv. Sanket Mungale for applicant present.
Matter is adjd  to 26.11.2024 for Ch/s dismissal.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 26-11-2024

Date: 26-11-2024
Business: Adv. Swapna Khemlapure h/f Adv. Sanket Mungale for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
The P.O. is busy in hearing NM arguments in Suit No. 1315/17, Suit No. 1316/17 and Suit No. 1317/17. Hence, adjourned.
Matter is adjd  to 05.12.2024 for Ch/s dismissal.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 05-12-2024

Date: 05-12-2024
Business: Adv. Swapna Khemlapure h/f Adv. Sanket Mungale for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to  06.02.2025 for Ch/s dismissal.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 06-02-2025

Date: 06-02-2025
Business: None for plaintiff.
Adv. Mrunal Mule h/f Adv. Sanket Mungale for applicant in Ch/s. 773/20 present.
Adv. Sachin Vajale for MCGM present.
Heard both the sides in Ch/s NO. 773/20.
Matter is adjd  to  21-02-2025 for Ch/s order
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-02-2025

Date: 21-02-2025
Business: None for Plaintiff.
Adv. G. V. Jawale for MCGM present.
The P.O. is busy in hearing NM No. 410/24, Draft NM in Suit No. 432/25 and attending the second sessions matters. Hence adjourned.
Matter is adjd to 15.03.2025 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-03-2025

Date: 15-03-2025
Business: None for Plaintiff.
Adv. Mrunal Mulye h/f Adv. Sanket Mungale for applicant present.
The P.O. is busy in dictating Judgment in SC No. 1459/19. Hence, adjourned.
Matter is adjd  to 16.04.2025 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-04-2025

Date: 16-04-2025
Business: The P.O. is on leave. Hence, matter is adjourned.
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-05-2025

Date: 03-05-2025
Business: None for Plaintiff.
Adv. Swapna Khemlapure h/f Adv. Sanket Mungale for applicant present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
The P.O. is busy in dictaing Ch/s order in Suit No. 456/24 and Suit No. 2814/22 and NM order in Suit No. 496/15. Hence, adjourned.
Matter is adjd  to 11.06.2025 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 11-06-2025

Date: 11-06-2025
Business: Adv.  Swapna Khemlapure h/f Adv. Sanket Mungale for Plaintiff present.
Adv. G. V. Jawale for MCGM present.
Due to change in assignment, Matter is adjd to 24.06.2025 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-06-2025

Date: 24-06-2025

Date: 09-07-2025
Business: None for Plaintiff.
Adv. Swapna Khemlapure h/f Adv. Sanket Mungale for applicant present.
Adv. Chaitanya Dalvi for Defendant/MCGM present
Matter is adjd to 21.08.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-08-2025

Date: 21-08-2025
Business: None for Plaintiff.
Adv. Sachin Vajale for defendant/BMC present.
Adv. for applicant is present.
Matter is adjd  to  03.10.2025   for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-10-2025

Date: 03-10-2025
Business: None for Plaintiff.
Adv. Swapna Khemlapure h/f Adv. Sanket Mungale for applicant present.
Adv. G. V. Jawale for Defendant/MCGM present.
     Record and roznama show that since 24.06.2025, matter is pending for compliance. Despite of granting sufficient opportunities, plaintiff has failed to comply with the order Dtd. 24.06.2025. It seems that plaintiff is not interested to proceed with the suit. Hence, matter be kept for dismissal order.
Matter is adjd  to 29.10.2025 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 29-10-2025

Date: 29-10-2025
Business: None for Plaintiff.
Adv. G. V. Jawale for Defendant/MCGM present.
Keep back.
Later on at 1.30 p.m. None appeared for plaintiff.
Keep back.
Later on at 2.45 p.m. None appeared for plaintiff.
Keep back.
Later on at 5.10 p.m. Record and roznama shows since long plaintiff and his advocate remained absent. Despite of keeping the matter for dismissal order, none appeared on behalf of plaintiff. Not filed any application. It seems that plaintiff is not interested to proceed with the suit. Hence, Suit No. 1087/2020 stands dismissed in default and disposed of accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 29-10-2025

CHAMBER SUMMONS/100738/2020
CHAMBER SUMMONS/100773/2020
TRANSFER APPL/100001/2021

Registration Number: 101087/2020
Transfer Date: 23-06-2025
From Court: 5 - COURT 05  ADDL SESSIONS JUDGE
To Court: 56 - COURT 56 ADDL SESSIONS JUDGE

Registration Number: 101087/2020
Transfer Date: 24-06-2025
From Court: 56 - COURT 56 ADDL SESSIONS JUDGE
To Court: 5 - COURT 05  ADDL SESSIONS JUDGE

Filing Number: 104194/2020
Filing Date: 11-08-2020
First Hearing Date: 04th September 2020
Decision Date: 29th October 2025
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE