Rishi Enterprises and Anr. +2 moreVsMCGM +1 more

Date: 22-10-2020

Date: 05-11-2020
Business: Adv Shukla for plaintiff present
Adv Shinde I/b Adv Rawade for defendant present.
Plaint at Exh.1.
VP (plaintiff\\\''s advocate) at Exh.2.
Memorandum of address at Exh.3.
List of documents at Exh.4
Exh.5-Application filed by Adv Shinde for correction in reply filed by defendant. O- other side to say.
Adv Shukla filed say on application itself.
Earlier order if any to continue till the next date.
F.R.S.R. Following order is passed below Application Exh.5-
ORDER
1. Application Exh.5 stands rejected.
2. The defendant party is at liberty to comply as observed in para No.4 of supra order.
Matter adjourned for NM rejoinder and arguments to 11.11.2020.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Business: By precipe. O: Allowed.
Plaintiff and adv absent.
Adv. Mr. Gajanan Shinde for defendant/MCGM present.
He filed draft C/S alongwith affidavit.
O: Leave granted to register draft C/S.
Matter adjourned for reply C/S to 11/11/2020.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Business: Adv Shukla for plaintiff present.
Adv Shinde for MCGM/defendant present.
Adv of defendant filed original registered chamber summons no.627/2020 alongwith affidavit.
Adv of opposite party wants short time for filing reply.
Earlier order if any to continue till the next date.
Matter adjourned for reply on CS to 26.11.2020.
Next Purpose: REPLY
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: Adv. A.R. Pandey for plaintiff present.
Adv. Gajanan Shinde for defendant/MCGM present.
Adv of Plaintiff filed affidavit in reply to CS.
Copy served on other side.
Heard arguments of both the sides on C/S No.627/20.
Order passed below C/S No.627/20:
        Defendant filed C/S so that the same to be permitted to amend reply affidavit dtd 22/10/2020. It is contended that in said reply in para No.9 the word defendants was wrongly typed instead of the word plaintiffs. In para No.11 date 23/9/2020 was wrongly typed instead of 23/9/2010. In para No.11 dated 19/3/2010 was wrongly typed as 19/3/2020. In para No.11 the word almost was typed as utmost inadvertently. Perused C/S and its supporting affidavit.
        On behalf of opposite party the C/S is strongly opposed by filing reply affidavit. I have heard arguments of both the parties. Perusal of C/S, reply and record it denotes that while typing said reply affidavit (pleadings) some typographical/clerical mistakes have occurred. Therefore, I do not find any hurdle in allowing the said amendment. The dominant purpose of allowing such application is to avoid multiplicity of litigations between the parties and to decide the controversy on merits. Hence, considering the peculiar facts and circumstances I proceed to pass following order in the interest of justice:
                                               ORDER
1) The Chamber Summons No.627/20 stands allowed as prayed for.
2) Defendant is permitted to carryout the said amendments/corrections as early as possible.
3) Chamber Summons No.627/20 stands disposed off.
Earlier order if any, to continue till next date. Both parties to cooperate for speedy disposal of NM.
With consent matter adjourned for compliance/hearing on NM to 14/12/2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: Adv AR Pandey present for plaintiff.
Adv Nandanwar (h/f Adv Rawade)present for MCGM/defendant.
Adv of plaintiff sought adjournment stating that he has to attend matter in another court and matter is having chequer history.
KB.
Adv on record on behalf of MMC is absent.
Earlier order if any to continue till the next date.
Matter adjourned for reply to 12.01.2021.
LO at 12.10 pm.
Adv Gajanan Shinde present for defendant.
With consent of both the advocates date is change as 05.01.2021.
Matter adjourned for reply to 05.01.2021.
Next Purpose: REPLY
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: CORAM  H.H.J. C. P. JAIN, AD-HOC ASSISTANT JUDGE, CITY CIVIL COURT, GR. MUMBAI (C.R.06)
Matter pertains to CR No.05.
Adv Shukla present for plaintiff.
Adv Gajanan Shinde present for defendant/MCGM.
Adv of plaintiff tendered affidavit in rejoinder. tor. Copy served upon other side.
Earlier order if any to continue till the next date.
Matter adjourned for NM hearing to 11.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: None present for plaintiff.
Adv Gajanan Shinde present for MCGM/defendant.
Kb for afternoon.
LO at 11.50 am.
Adv Pandey present for plaintiff and submitted that he wants to file written arguments.
LO at 2.50 pm.
Adv of plaintiff argued for sufficiently long period.
Arguments are heard till 4.25 pm.
Earlier order if any to continue till the next date.
With consent of both the parties Matter adjourned for further arguments to 14.01.2021.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: None present for plaintiff.
Adv Gajanan Shinde present for MCGM/defendant.
BMC Officer Sr. Engineer Saurabh Ranade present.
KB in the second session.
LO at 3.05 pm.
Adv Shukla (hf) present for plaintiff.
LO at 3.25 pm.
Adv Pandey present for plaintiff and stated that he is having throat problem and he gave consent that in the meantime Adv of MCGM can be heard.
Adv of defendant argued today with right to reply argument of plaintiff.
Earlier order if any to continue till the next date.
Matter adjourned for arguments of plaintiff to 27.01.2021.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: Adv AR Pandey present for plaintiff.
Adv Gajanan Shinde present for defendant/BMC.
Arguments of both the parties completed.
Adv of plaintiff submitted written arguments.
Earlier order if any to continue till the next date.
Matter adjourned for NM order to 28.01.2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv Shukla present for plaintiff.
Adv Gajanan Shinde alongwith Adv Rawade present for MCGM/defendant.
F.R.S.R. Following order is passed below NM No.1327/2020-
ORDER
1. Notice of Motion No.1327 of 2020 stands dismissed.
2. Said Notice of Motion stands disposed of.
3. Authenticated copy of this roznama be given to parties, if requested.
4. Matter be posted for W.S, if any.
5. The point of cost/compensation/damages will have to be decided after recording evidence in the suit, noted.
----------------------
Adv of plaintiff submitted application at Exh.6  for extending earlier relief so that appeal can be filed against today\''s order. On behalf of MCGM say is given and application is opposed. Plaintiff is having right to challenge order of this court hence the said earlier relief is extended for four weeks from today.
Matter adjourned for WS to 09.03.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Court is on Leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Adv Dubey present for plaintiff.
Adv Shinde present for MCGM/defendant.
Adv. of Defendant submitted that affidavit in reply treated as W/s. Marked as Exh....
Matter adjourned for W/s. to. 19/06/2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-06-2021

Date: 19-06-2021
Business: Due to declare holiday. Matter is adjourn to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: As court is busy in recording evidence in suit no. 922/10 of DW no. 01, hence remaining board is discharged and matter is adjd. to.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: In the view of Holiday declared by the Hon''ble Bombay High Court, Board is discharged and Matter is adjd. to.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Adv. shobit shukla present for plaintiff and sought adjournment.
Adv. Soraan @ Adv. Gajanan Shinde present  for MCGM/defendant.
Matter adjourned for issues to. 11/02/22
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-02-2022

Date: 11-02-2022
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: FRAMING ISSUES
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: None for Plaintiff.
Adv Shindr for MCGM /Defendant present.
Matter is adjd for framing issues on 09-06-2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: None for Plaintiff.
Adv.Shinde @Adv. Sutar for defendant/BMC is present and tendered draft issues. TOR
Matter is adjd for issues on 27/09/2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: As Court is busy in dictating judgment matters i.e. Suit No. 2943/11, Suit No.42/2012, Suit No. 320/2012, Suit No. 400/2012 and hearing arguments i.e. Stamp No. 808/2022. Hence want of time board is discharged.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: Adv A.R. Pande for Plaintiff present.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
Matter is adjd for framing of issues on 21-01-2023
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: As Court is busy in urgent hearing matters and order matter i.e. Suit No. 2968 of 11 and Suit No. 1508 of 2012 and recording evidence in Session Case No. 367 of 2020. Hence want of time board is discharged.
Matter is adjd for framing issues on 20-02-2023
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: None for Plaintiff.
Adv Shinde a/w Adv Patil  for deft/MCGM present.
Matter is adjd for issues on 02-05-2023
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: None for Plaintiff.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
Today court is busy in High Court Time Bound Matter i.e. Suit No. 2599 of 2015 and order dictating in Suit No.1747/2011, 494/12, 111/2020, 1100/2021, 2009/2017 and recording evidence and recording statement u/s 313 of Cr.P.C. in SC No. 318/2019.
Matter is adjd for framing of issues on 03-08-2023
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-08-2023

Date: 03-08-2023
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Matter is adjd  to 12.10.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: Adv. Shobhit Shukla h/f Adv. A. R. Pande for Plaintiff present.
Adv. Gajanan Shinde along with Adv.  Vidya Vyavahare for defendant/MCGM present.
Matter is adjd  to 21.12.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-12-2023

Date: 21-12-2023
Business: Adv. Deepanjali h/f Adv. A. R. Pande for Plaintiff present.
Adv.  Vidya Vyavahare for defendant/MCGM present.
Matter is adjd  to 08.03.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-03-2024

Date: 08-03-2024
Business: Holiday, wrongly on board.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd  to 21.06.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: Adv. Ashok Singh for Plaintiff present.
Ld. Adv Mr. G. Shinde alongwith Adv. G.V. Jawale for MCGM present.
Draft issues filed.
Matter is adjd  to  20/08/2024   for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-08-2024

Date: 20-08-2024
Business: Adv S Mishra h/f Adv A R Pande for Plaintiff.
Adv Gajanan Shinde alongwith Adv Vazale for Def./MCGM present.
Matter is adjd  to 12.11.2024  for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-11-2024

Date: 12-11-2024
Business: None for Plaintiff.
Adv. Gajanan Shinde a/w Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to 01.02.2025 for  framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-02-2025

Date: 01-02-2025
Business: Adv. Pathak h/f Adv. A. R. Pande for Plaintiff present.
Adv. Gajanan Shinde a/w Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to 03.04.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-04-2025

Date: 03-04-2025
Business: Adv. Shobhit Shukla h/f Adv. A. R. Pande for Plaintiff present
Adv. Gajanan Shinde a/w Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd  to 10.07.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-07-2025

Date: 10-07-2025
Business: None for Plaintiff.
Exh. 8 - Issues are framed.
Matter is adjd  to 02.09.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2025

Date: 02-09-2025
Business: Adv. Pathak h/f Adv. A. R. Pande for Plaintiff present and requested for short adjournment. It is granted.
Adv. Gajanan Shinde a/w Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to 09.10.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-10-2025

Date: 09-10-2025
Business: None for Plaintiff.
Adv. Gajanan Shinde a/w Adv. Sachin Vajale for defendant/BMC present.
Matter is adjd to 17.01.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2026

Date: 17-01-2026
Business: Adv. Pathak h/f Adv. Shobhit Shukla for Plaintiff present and requested for short adjournment. It is granted.
Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd  to 17.03.2026  for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2026

Date: 17-03-2026
Business: Adv. Shobhit Shukla for Plaintiff present.
Adv. Gajanan Shinde a/w Adv. V. G. Shinde for Defendant/MCGM present.
    Issues are framed on 10.07.2025 and thereafter three chances are granted to the plaintiff for filing his evidence. Today also plaintiff is absent, hence, suit be fixed for further order against plaintiff.
Matter is adjd  to 23.06.2026 for further order.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2026

Date: 23-06-2026
Business: Court is vacant
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2026

Date: 18-08-2026
Business: Adv. Priti Thakur h/f Adv. Shobhit Shukla for Plaintiff present and requested for short adjournment. It is granted.
Adv. Gajanan Shinde a/w Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd to 13.10.2026 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 13-10-2026

CHAMBER SUMMONS/100627/2020

Filing Number: 104374/2020
Filing Date: 03-09-2020
First Hearing Date: 22nd October 2020
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE