Date: 18-09-2021
Business: Matter pertains to C.R. No.6
By precipe.
O – Allowed to be taken on board.
Advocate U.V. Singh for plaintiff present and filed application for extension of order dated 18.08.2021.T.O.R. marked as Exh.2.
O – Other side to say R/o. 20.09.2021.
Matter is adjourned for Hearing on Exh. 2 to 20.09.2021.
Next Purpose: HEARING
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Advocate for plaintiff present
Advocate Smt. Meena Dhuri for defendant/BMC present.
FRSR FOLLOWING ORDER PASSED
ORDER
The application Exh. 2 for extension of order dated 18.08.2021 is rejected.
Adjd for Draft issue/Compliance to 09.11.2021
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Court is on Leave
Adjd for Draft Issues to 20.01.2022
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjd for Draft Issues to 05.03.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: None present for plaintiff.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Draft issues to 07.07.2022
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: None present for plaintiff
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Framing issues to 29.09.2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: None present for plaintiff.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Framing issues to 13.12.2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: None present for plaintiff.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Framing issues to 16.02.2023
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: Court is on leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: None present for plaintiff.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Draft Issues to 25.07.2023
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: None present for plaintiff.
Advocate Meena Dhuri present for defendant/BMC.
As plaintiff and his advocate are absent, Matter adjourned for draft issues to 26-09-23.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: None present for plaintiff.
Advocate Meena Dhuri present for defendant/BMC and filed pursis for affidavit in reply be treated as a WS and exhibited. t.o.r marked as Exh. 3. O- allowed.
Reply cum WS of defendant/BMC is already on record, now it is marked as Exh. 4. O Read and Recorded.
Issues are framed at Exh. 5.
Matter adjourned for filling evidence of plaintiff 04/11/23
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-11-2023
Date: 04-11-2023
Business: Adv. U.V. Singh h/f Anil Mishra present for Plaintiff.
Advocate Meena Dhuri present for defendant/BMC.
Plaintiff is directed to filed evidence on next date.
Matter adjourned for filing evidence of plaintiff/RE to 16/01/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2024
Date: 16-01-2024
Business: Advocate Anil Mishra present for plaintiff and sought adjournment for filing evidence of plaintiff. O -granted.
Advocate Meena Dhuri present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff to 19-03-2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: None present for plaintiff.
Advocate Meena Dhuri present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff / RE to 18.06.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2024
Date: 18-06-2024
Business: Plaintiff present, his advocate absent and sought adjournment for filing evidence. O- Granted.
Advocate Jyoti Mhatre present for defendant/BMC.
Matter adjourned for filing evidence of plaintiff / RE to 03.09.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2024
Date: 03-09-2024
Business: Advocate A. K. Kharwar i/b Anil Mishra present for plaintiff and filed affidavit of examination in chief of Dinesh Gopinath Dubey. TOR and marked as Exh. 6 - O - Read and recorded. Copy served.
Compilation of document at Exh. 7. O - other side to say. Copy served.
Advocate Jyoti Mhatre present for defendant/BMC.
Matter adjourned for Say on compilation / RE to 10.12.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-12-2024
Date: 10-12-2024
Business: Advocate U. V. Singh h/f Adv. Anil Mishra present for plaintiff.
Advocate Jyoti Mhatre present for defendant/BMC and filed say on compilation Exh. 7 itself.
Matter adjourned for hearing on compilation / RE to 20.02.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-02-2025
Date: 20-02-2025
Business: Advocate Anil Mishra present for plaintiff.
Advocate Neeta Jadhav present for defendant/BMC.
Matter adjourned for hearing on compilation/RE to 08-04-2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2025
Date: 08-04-2025
Business: Plaintiff present, Advocate U. V. Singh present for plaintiff.
Advocate Anand Khairnar present for defendant/BMC.
Matter adjourned for hearing on compilation /RE to 01.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2025
Date: 01-07-2025
Business: Adv. U. V. Singh for plaintiff present.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for hearing on compilation /RE to 19.08.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2025
Date: 19-08-2025
Business: Advocate Anil Mishra present for plaintiff.
None present for defendant/BMC.
Due to heavy rain in Mumbai, matter is adjourned.
Matter adjourned for R/E to 03.11.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-11-2025
Date: 03-11-2025
Business: Advocate U. V. Singh present for plaintiff.
Advocate Amar Patil h/f Adv. Ruhi Hajare present for defendant/BMC and sought adjournment. O- Granted.
Matter adjourned for hearing on compilation/RE to 27.01.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2026
Date: 27-01-2026
Business: Advocate Rihen Mishra i/b Adv. Anil Mishra present for the plaintiff and seeks time for hearing on compilation. O - Time granted.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for hearing on compilation/RE to 24.03.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-03-2026
Date: 24-03-2026
Business: None present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC and filed order of Honble High Court in Appeal No. 370 of 2021. TOR and marked as Exhibit 8.
Matter adjourned for Recording evidence to 02.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-04-2026
Date: 02-04-2026
Business: Plaintiff present, Advocate Rihen Mishra present for the plaintiff and seeks time. O - Time granted.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for Recording evidence to 21.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2026
Date: 21-04-2026
Business: Plaintiff present, Advocate U. V. Singh present for the plaintiff and filed application for taking on record the certified copy of registered Leave and Licence Agreement dated 01.02.2006. TOR and marked as Exhibit 9. O - Production allowed. And filed list of document at Exhibit 10.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for Recording evidence to 05.05.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-04-2026
Date: 22-04-2026
Business: Writ received from Honble Bombay High Court on Dt. 21-04-2026, Having D.D. (A.O.) No. - C0706673/2026, Dt. 16/03/2026 In Appeal from Order No.370 of 2021 with Interim Application No. 3136 of 2021 (For Injunction)
(Coram - Farhan P. Dubash, J.) has on 12th February, 2026 passed the following order -
P.C.
i) Appeal No. 370 of 2021 is hereby allowed.
ii) The impugned order dated 18th August 2021 is hereby quashed and set aside.
iii) There shall be no order as to costs.
iv) All pending Interim Applications taken in the present Appeal from Order if any, also stand disposed of in terms of the orders, and all interim orders passed therein, if any, shall stand vacated.
v) The Trial Court is directed to expedite the hearing of the Suit preferably on or before 28th February, 2026.
Matter is already adjourned to 05.05.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-05-2026
Date: 05-05-2026
Business: Plaintiff present. His advocate is absent.
Advocate Ruhi Hajare for defendant/MCGM present.
Keep back.
Later on at 1.55 p.m. Adv. U. V. Singh for plaintiff present.
Ld. Advocate for defendant/MCGM seeks time to file reply on Exhibit. 9.
Matter adjourned for reply to Exhibit 9/evidence to 11.06.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-06-2026
Date: 11-06-2026
Business: Advocate Anil Mishra present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
Witness present.
Heard both parties on the admissibility of the documents filed vide at Exhibit 7.
Documents filed at Sr. No.1,2 (3 items collectively), documents at Sr. No. 3 and 4 being original are marked as Exhibit 11 to 14 respectively.
Further document Sr. No. 5 i.e. Electric bills 4 in number as per averments at para 5 of the evidence affidavit, they are collectively marked as Exhibit 15. (It is made clear that electrical bill dated 02.06.1991 is not filed on record, though mentioned in list.)
Document at Sr. No. 6 the original intimation receipt is marked as Exhibit 16.
Documents at Sr. No. 7 and 8 are marked as Exhibit 17 and 18 respectively.
Documents at Sr. No. 10 and 11 being original are marked as Exhibit 19 and 20 respectively.
Documents at Sr. No. 12 and 14 being admitted by defendants are marked as Exhibit 21 and 22 respectively.
Documents at Sr No. 13 and 15 being office copy of reply are marked as Exhibit 23 and 24 respectively.
Document filed vide Exhibit 10 being certified copy of the Leave and license agreement is marked as Exhibit 25.
Further examination in chief and part cross-examination recorded.
Matter adjourned for cross-examination to 16.06.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2026
Date: 16-06-2026
Business: Adv. U. V. Singh present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
Further cross-examination of PW-1 by Adv. Ruhi Hajare is commenced and completed below Exhibit 6.
Matter adjourned for recording evidence to 18.06.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2026
Date: 18-06-2026
Business: Advocate A. K. Kharwar h/f Adv. A. R. Mishra present for the plaintiff and seeks time for adducing evidence. O - Time granted as a last chance as matter is H.C.T.B. matter. Advocate for the plaintiff filed list of witness. TOR and marked as Exhibit 26. O - Seen.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for Recording evidence to 23.06.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 23-06-2026
Date: 23-06-2026
Business: Plaintiff present, his advocate absent.
Advocate Ruhi Hajare present for defendant/BMC.
KB. Later on
Adv. U. V. Singh for plaintiff present and filed evidence affidavit of Shri Arvindkumar Dayashankar Mishra (PW-2). TOR and marked as Exhibit 27. O - Read and recorded.
Matter adjourned for recording evidence to 25.06.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-06-2026
Date: 25-06-2026
Business: Advocate U. V. Singh present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
Cross-examination of PW-2 by Adv. Ruhi Hajare is commenced and completed.
Advocate for plaintiff filed evidence closed pursis. TOR and marked as Exhibit 28. O - Seen.
Matter adjourned for defendant evidence to 02.07.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 02-07-2026
Date: 02-07-2026
Business: Advocate Ritesh Singh i/b Adv. Anil Mishra present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC and seeks time. O - Time granted.
Defendant/corporation is directed to file evidence affidavit on next date positively, as it is H.C.T.B. matter.
Matter adjourned for recoding evidence to 07.07.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-07-2026
Date: 07-07-2026
Business: Advocate Anil Mishra present for the plaintiff.
Advocate Sheetal Waghmare present for defendant/BMC and seeks time. O - Time granted.
Matter adjourned for recording evidence to 09.07.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-07-2026
Date: 09-07-2026
Business: None present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC and filed evidence affidavit of Shri Pavan Rajendra Khairnar. TOR and marked as Exhibit 29. O - Read and recorded.
Defendant/BMC to serve the copy of evidence affidavit upon plaintiff.
KB. Later on
Adv. U. V. Singh for plaintiff present.
Matter adjourned for recording evidence to 14.07.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 14-07-2026
Date: 14-07-2026
Business: Advocate Anil Mishra present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
Witness present.
Cross-examination of DW-1 by Adv. Anil Mishra is commenced and completed.
Advocate for defendant/BMC filed evidence closed pursis. TOR and marked as Exhibit 30. O - Seen.
Parties are directed to file written notes of argument.
Matter adjourned for Arguments to 28.07.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 28-07-2026
Date: 28-07-2026
Business: None present for the plaintiff.
Advocate Amar Patil h/f Adv. Ruhi Hajare present for defendant/BMC.
KB. Later on at 11.45 pm
Adv. Anil Mishra resent for the plaintiff and seeks time for filing written notes of argument. O - Time granted.
Matter adjourned for arguments to 04.08.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 04-08-2026
Date: 04-08-2026
Business: Advocate Ritesh Singh h/f Adv. Anil Mishra present for the plaintiff and seeks time for filing written notes of argument. O - Time granted.
Advocate Kamini Pagare present for defendant/BMC.
Matter adjourned for Arguments to 13.08.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 13-08-2026
Date: 13-08-2026
Business: Plaintiff present, his advocate absent.
Advocate Kamini Pagare present for defendant/BMC.
KB. Later on at 12.15 pm
Adv. U. V. Singh for the plaintiff present and filed written notes of argument along with judgment relied. TOR and marked as Exhibit 31 and Exhibit 32 respectively. O - Seen.
Advocate Kamini Pagare present for defendant/BMC and seeks time for filing written notes of argument. O - Time granted.
Matter adjourned for Arguments to 20.08.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-08-2026
Date: 20-08-2026
Business: Plaintiff present his advocate absent.
Advocate Kamini Pagare present for defendant/BMC.
KB. Later on at 11.45 am
Adv. Ritesh Singh i/b Adv. Anil Mishra for the plaintiff present.
Advocate Kamini Pagare present for defendant/BMC.
KB. Later on at 03.30 pm
Adv. U.V. Singh for the plaintiff present.
Advocate Kamini Pagare present for defendant/BMC and seeks time. O - Time granted
Matter adjourned for Arguments to 25.08.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-08-2026
Date: 25-08-2026
Business: Adv. U. V. Singh present for the plaintiff.
Advocate Kamini Pagare present for defendant/BMC and filed written notes of arguments. Tor and marked as Exhibit 33. O - Seen.
Matter adjourned for Arguments to 01.09.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 01-09-2026
Date: 01-09-2026
Business: Advocate U. V. Singh present for the plaintiff and seeks time for reply arguments. O - Time granred.
Advocate Kamini Pagare present for defendant/BMC.
Matter adjourned for Arguments to 08.09.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-09-2026
Date: 08-09-2026
Business: Advocate Anil Mishra present for the plaintiff and seeks time. O - Time granted.
Advocate Kamini Pagare present for defendant/BMC.
Matter adjourned for Arguments to 16.09.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 16-09-2026
Date: 16-09-2026
Business: Plaintiff present.
Advocate Rohit Gaikwad present for defendant/BMC.
Matter adjourned for Arguments to 22.09.2026
Later on at 02.00 p.m.
Advocate Anil Mishra a/w Advocate Rihen Mishra present for plaintiff and seeks time. O- Time granted.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 22-09-2026
Date: 22-09-2026
Business: Advocate Anil Mishra present for the plaintiff and filed compilation of judgment. TOR and marked as Exhibit 34. O - Seen.
Advocate Kamini Pagare present for defendant/BMC.
Heard reply arguments.
Matter adjourned for Judgment to 29.09.2026.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 29-09-2026
