Date: 27-03-2018
Business: On the other hand the Ld. Adv. for defendant corporation tender copy of complaint dtd. 04.07.2017 upon which the action has been initiated against the plaintiff. He also relied on copy of first inspection report where in it is mentioned that the nature of structure is in the form of existing structure and it is unauthorized construction of various rooms in open terrace at fourth floor. He has also filed certain photographs showing the rooms.
Considering the copies of documents placed on record by both the parties, it is necessary that the defendant should file detailed reply with documents by which it has come to a conclusion that there was open terrace on the fourth floor and the plaintiff has raised unauthorized construction of various rooms. Mr. Patle, JE and Adv. Dhumale for BMC submits that the reply will be filed on 17.04.2018. In the meantime both the parties are directed to maintained status-quo at the notice structure. Adjd. for reply and arguments on NM to 17.04.2018
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2018
Date: 17-04-2018
Business: Resumed.
Adv. Gonsalves for plaintiff tender original writ of summons.
Adv. Vyas with Adv. Dhumale for BMC and Mr. Patle, JE, are present. Defendant tendered affidavit in reply. O - R and R.
Adv. Gonsalves seeks time to file rejoinder and undertakes to serve the copy in advance to defendant.
Adjd. For arguments on NM no. 1286/2018 to 24.04.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 24-04-2018
Date: 24-04-2018
Business: Resumed.
None for plaintiff when called out. Adv. Vyas with Adv. Dhumale for BMC is present.
Adjd. For NM arguments to 03.05.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-05-2018
Date: 03-05-2018
Business: Resumed.
The P.O. is busy in hearing of NM in suit NO. 138/2018 and passed order on NM No. 1620/2018 in Stamp No. 5514/2018.
Adjd for NM arguments to 07.06.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-06-2018
Date: 07-06-2018
Business: Resumed.
The P.O. is busy in hearing of NM No. 4136/2015 in Suit No. 983 of 2015 and Judgment in Suit No. 948/2018, order on Ch/s no. 282/2017 in Suit No. 1063/2015. For want of time the board is discharged.
Adjd for NM arguments to 24.07.2018
Next Purpose: NM ARGUMENTS
Next Hearing Date: 24-07-2018
Date: 24-07-2018
Business: Resumed.
Adv. Gonsalves for plaintiff and Adv. D.K. Vyas, Adv. Dhumale and Jr. Engineer Mr. Suraj Khude for MCGM are present.
Adv. Ms. Gonsalves filed affidavit in support. O- R and R.
Heard respective advocates on NM No. 1286/2018.
Advocate Vyas seeks time to submit legible copy of notice and repair plan. Adv. Gonsalves prays for continuation of status -quo order. It appears from roznama that it was not continued after 27.03.2018. Adv. Vyas submit that till next date defendant will not take any action against the notice structure. His statement is accepted and taken on record.
Adjd for part arguments to 31.07.2018
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 31-07-2018
Date: 31-07-2018
Business: Resumed.
Adv. Gonsalves for plaintiff and Adv. Vyas with Adv. Dhumale for MCGM
Adv. Vyas tendered copy of assessment extract and plan. O- Filed.
Adv. Gonsalves tendered affidavit and compilation of documents. O- R and R.
Heard, respective advocates on NM.
Adjd for orders on NM to 06.08.2018.
Next Purpose: NM ORDERS
Next Hearing Date: 06-08-2018
Date: 06-08-2018
Business: Resumed.
Adv. Ms. Gonsalves for plaintiff is present. Earlier order if any to continue till the next date.
Adjd for NM orders to 10.08.2018.
Next Purpose: NM ORDERS
Next Hearing Date: 10-08-2018
Date: 10-08-2018
Business: Resumed.
Adv. Gonsalves for plaintiff is present.
Earlier order if any to continue till the next date.
The P.O. is busy in dictating judgment in Suit Nos 2814/2009, 2815/2009, 2816/2009 and 2817/2009 and hearing of ad-interim in Suit no. 2011/2018 and 2012/2018 and Suit No. 3068/2007. For want of time the board is discharged.
Adjd for NM orders to 20.08.2018.
Next Purpose: NM ORDERS
Next Hearing Date: 20-08-2018
Date: 20-08-2018
Business: Resumed.
Adv. R. Gonsalves h/f. Adv. E. Gonsalves and Adv. Ms. Patil h/f. Adv. D. K. Vyas for MCGM
FRSR following order is passed-
ORDER
1. The Notice of Motion No. 1286 of 2018 is dismissed.
2. Parties to bear their own costs of the motion
3.Stay is granted till 17/09/2018 with a direction that it will not be extended further on any count with a further direction that in case the plaintiff is preferring an appeal, minimum 48 hours notice be given to the defendants.
Adjd for written statement to 24.09.2018.
Nature Of Disposal: DISMISSED
Disposal Date: 20-08-2018
