Ramesh Manganlal MerchantVsMCGM

Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: By precipe
Advocate Abhijeet Kadam for plaintiff present and filed draft N/M along with affidavit. O- Leave is granted to register this N/M.
Advocate Dipali Patil for defendant/BMC present.
Heard Ld. Adv. for plaintiff on ad-interim relief in N/M.
Ld. Adv. for defendant submits that the officer of Corporation is before Hon\''ble High Court in submitting affidavit in the Writ petition lodging no. 999 of 2020 filed by the complainant.  She therefore requested time to argue the ad-interim  relief on N/M till Monday. O-Granted.
Adjourned for Ad-interim hearing to 07/12/2020.
Next Purpose: HEARING
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: Adv. for plaintiff present and filed registered N/M No. 1854/2020 and list of documents. (Exh-4)
Adv. Mrs. Patil for def/BMC present.
Shri. Satish Pawar, Asst. Engineer and Shri. Nilesh Koli, Jr. Engineer, B&F, G-South present.
Adv. Mohit Jadhav for intervenor present. He made submission that in the writ petition pending in Hon\''ble High Court he is being allowed to intervene in present matter. Ld. Adv. For intervenor has  not moved any Ch/s  for intervention as is the procedure followed in this court. Therefore he is asked as to in what form he wants to intervene. Ld. Adv. for intervenor has made statement across the bar that he will make oral submissions in this N/M.  He has submitted so as according to him the order copy of order dtd. 03/12/2020 of Hon\''ble High Court is not uploaded.
Ld. Adv. for plaintiff has acceded to the facts that the Ld. Adv. for intervenor is permitted to intervene in this notice of motion and that the order dtd. 03/12/2020 is not uploaded.
	As both the Ld. Advocates are agreeing on the fact that intervenor is permitted to intervene, I am allowing the Ld. Adv. for intervenor to make his oral submissions. As Ld. Adv. for plaintiff has argued on last date, the Ld. Adv. for intervenor will make his submissions after completion of arguments of Ld. Adv. for def/BMC. As there is no intervention by way of Ch/s, Ld. Adv. for intervenor is permitted to intervene by way of oral submissions.
Ld. Adv. for def/BMC now submits that she is not arguing today for want of instructions form officers of corporation.  The officers of BMC who are present today are making submissions that they were busy in the matter pending before Hon\''ble High Court and therefore could not give instructions to their advocate. The officers of BMC and Ld. Adv for def/BMC  is requesting to keep the matter on 10/12/2020; knowing that oral directions to maintain the position as on today for want of argument on          ad-interim hearing.
As the matter before Hon\''ble High court is listed tomorrow and Ld. Adv. For def/BMC is unable to argue for want of instructions today, matter is adjourned finally on ad-interim hearing to 10/12/2020. The oral directions to continue subject to the orders of Hon\''ble High Court till dtd. 10/12/2020.
Adjourned for Ad-interim hearing to 10/12/2020.
Next Purpose: HEARING
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: Advocate Abhijit Kadam for plaintiff present. He argued on the documents filed by defendant and completed his argument.
Ld. Adv. For def/BMC adv. Vyas argued on Ad-interim relief on N/M.
Ld. Adv. for intervenor argued on Ad-interim relief on N/M.
Adv. Mrs. Patil for def/BMC present and rejoined on the arguments of Ld. Adv. for plaintiff and intervenor.
Oral directions to continue subject to orders of Hon\''ble High Court till next date.
Sh. Nilesh Koli, Jr. Engineer, B&F Dept., E-Ward present.
Sh. Satish Powar, Asst. Engineer, B&F Dept., G-South present.
Adjourned for  Ad-interim orders to 14/12/2020.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: CORAM H.H.J. SHRI. S.C. PATHARE, JUDGE (C.R.NO.05)
Matter pertains to CR No.06.
Adv Archit Manorkar present for plaintiff.
Adv Patil for defendant present.
Today matter is kept before incharge court.
Oral directions to continue subject to order of Hon\''ble High Court till next date.
Matter adjourned for Ad-interim order to 18.12.2020.
LO at 2.50 pm
Adv Sitaram Rane present for intervener.
Matter adjourned for Ad-interim order to 18.12.2020.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: Advocate Jignesh Shah for plaintiff present.
Advocate Mrs. Vyavahare  for defendant/BMC present.
Advocate Rajendra S. Rane for intervenor present.
Ad-interim order passed in NM No.1854/2020
FRSR FOLLOWING ORDER PASSED
ORDER
1.	Ad-interim relief in terms of prayer clause (a) is refused.
2.	The oral directions given on 03.12.2020 for want of arguments on behalf of defendants MMC shall stand vacated.

                                                                                    Sd/-

	Ld. Adv. for plaintiff is requesting for continuation of oral directions till the Christmas vacation ends. He submits that he wants to take final chance before Hon\''ble High Court against refusal of Ad-Interim relief.  Ld. Adv. for Def/BMC has objection for same.  As this court has refused Ad-Interim relief on merits and the oral directions were given for want of argument of def/BMC, therefore this court is not inclined to continue earlier oral directions.  However Ld. Adv. for plaintiff is insisting for oral directions till 22/12/2020 when the Writ Petition (L)no.999 of 2020 is listed before Hon\''ble High Court.  On insistence of plaintiff and as plaintiff wants to take chance before Hon\''ble High Court, oral directions granted earlier shall continue only till 22/12/2020.
Adjourned for N/M reply to 29/01/2021.
Sheristedar is directed to give authenticated copy of today\''s roznama to both the parties.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Advocate for plaintiff present.
Advocate for deft/BMC present.
Adjourned for NM Hearing to 26-03-2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: None for plaintiff.
Advocate for deft/BMC present.
Adjourned for N/M Reply to 23/07/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Advocate for plaintiff filed pursis informed the court that plaintiff has expired on dated 26.01.2021 and the alleged structure has been removed by the plaintiff Marked as Exh.2
Adjd for  Steps to  01.12.2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: None present for plaintiff.
Advocate Smt. Deepali Patil for defendant/BMC present.
Advocate for plaintiff directed to take steps before next date.
Adjd for Steps to  20.12.2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: None present for plaintiff.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for Steps to  18.02.2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.\\
As per information vide pursis Exh 02 Plaintiff has expired on 26.01.2021. Steps not taken on behalf of plaintiff to bring legal heir of deceased plaintiff of record. Hence suit is kept for necessary orders.
Adjd for Necessary orders to  11.03.2022.
Next Purpose: ORDER
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: None present for plaintiff.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for Steps   to 18.07.2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: None present for plaintiff.
Advocate Smt.  Deepali Patil  for defendant/BMC present.
Order – Today matter is fixed for order on 22.09.2021 it was informed by Advocate of plaintiff that plaintiff is expired on 26.01.2021. Since that day the Advocate of the plaintiff has not taken any steps therefore the matter has been fixed for necessary order.  Today Advocate of plaintiff is not present step is not taken suit is abated and it is final disposed off. Notice of Motion No. 1854/2020 is dismissed for want of prosecution, Hence it is disposed off.
Nature Of Disposal: OTHER
Disposal Date: 18-07-2022

NOTICE OF MOTION/101854/2020

Filing Number: 104373/2020
Filing Date: 03-09-2020
First Hearing Date: 05th November 2020
Decision Date: 18th July 2022
Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE