The Orchid City Centre Welfare Association +1 moreVsThe MCGM +1 more

Date: 25-04-2018
Business: Resumed.
Adv. for plaintiff tenders original Ch/s No. 613/2018.
The P.O. is busy in orders on Exh. 7 in Suit No. 871/2018.
Earlier order if any to continue till the next date.
Adjd. for NM reply to 16.07.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-07-2018

Date: 16-07-2018
Business: Resumed.
The P.O. is busy in hearing of NM No.1015/2017 in Suit No. 673/2017 and orders on NM No. 2793/2017  in Suit No. 1812/2017.  For want of time the board is discharged.  Earlier order if any to continue till the next date.
Adjd for NM reply to 24.09.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-09-2018

Date: 24-09-2018
Business: Resumed.
Adv Mr. Kushal Amin for plaintiff is present.
The P.O. is busy in dictating judgment in Suit no. 1100/06 . For want of time the board is discharged.
Earlier order if any to continue till next date.
Adjourned to 10/12/2018
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-12-2018

Date: 10-12-2018
Business: Resumed.
Adv. Srivastav for plaintiff is present.
The P.O. is busy in dictating judgment in Suit no. 112/2013 and hearing final arguments in Suit no. 144/2008.  For want of time the board is discharged.
Earlier order if any to continue till the next date.
Adjd for NM reply to 08.03.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2019

Date: 08-03-2019
Business: Adv. Kushal Amin for plaintiff present.
Adv. Smt. Patil for defendant no. /MCGM present.
Earlier order if any to continue till the next date.
Matter adjd. to 22.4.19 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Adv.Kushal for plaintiff present.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
As Court is busy in dictating judgment in SU No.937/14 and orders in notice of motion, hence, board discharged.
Earlier order if any to continue till the next date.
Matter adjd to 03.07.2019 for NM reply rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: Adv.Amin for plaintiff present.
Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 09.08.2019 for Chs Reply
Next Purpose: C/S REPLY
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: Adv.Kushal Amin for plaintiff present.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
Written statement filed by Adv.of BMC t.o.r.
Copy served to other side.
Adv.of BMC seeking time to file reply to chamber summons.
Earlier order if any to continue till the next date.
Matter adjd to 20.09.2019 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: Plaintiff and Adv. Mr. Kushil present.
Adv. Mr. Patil  for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 29/11/2019 for hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-11-2019

Date: 20-09-2019
Business: Plaintiff and Adv. Mr. Kushil present.
Adv. Mr. Patil  for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 29/11/2019 for hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-11-2019

Date: 20-09-2019
Business: Plaintiff and Adv. Mr. Kushil present.
Adv. Mr. Patil  for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 29/11/2019 for hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-11-2019

Date: 29-11-2019
Business: Adv. Mr. Kushal for plaintiff present.
Adv. Mr. Patil for defendant/MCGM present and filed reply on chamber summons t.or.
Earlier order if any to continue till the next date.
Matter adjd to 31/01/2020 for hrg. On ch/s.
Next Purpose: C/S  HEARING
Next Hearing Date: 31-01-2020

Date: 29-11-2019
Business: Adv. Mr. Kushal for plaintiff present.
Adv. Mr. Patil for defendant/MCGM present and filed reply on chamber summons t.or.
Earlier order if any to continue till the next date.
Matter adjd to 31/01/2020 for hrg. On ch/s.
Next Purpose: C/S  HEARING
Next Hearing Date: 31-01-2020

Date: 29-11-2019
Business: Adv. Mr. Kushal for plaintiff present.
Adv. Mr. Patil for defendant/MCGM present and filed reply on chamber summons t.or.
Earlier order if any to continue till the next date.
Matter adjd to 31/01/2020 for hrg. On ch/s.
Next Purpose: C/S  HEARING
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Adv. Mr. Kaushal Amin for plaintiff present.
Adv. Mr. Suryavanshi for the defendant  MCGM  present
Earlier order if any to continue till the next date.
Matter is adjd to 27/03/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-03-2020

Date: 31-01-2020
Business: Adv. Mr. Kaushal Amin for plaintiff present.
Adv. Mr. Suryavanshi for the defendant  MCGM  present
Earlier order if any to continue till the next date.
Matter is adjd to 27/03/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-03-2020

Date: 31-01-2020
Business: Adv. Mr. Kaushal Amin for plaintiff present.
Adv. Mr. Suryavanshi for the defendant  MCGM  present
Earlier order if any to continue till the next date.
Matter is adjd to 27/03/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 08-04-2020

Date: 27-03-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 08-04-2020

Date: 27-03-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 20-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 20-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 30.05.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-05-2020

Date: 20-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 30.05.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-05-2020

Date: 20-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 30.05.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: C/S  HEARING
Next Hearing Date: 17-06-2020

Date: 30-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: C/S  HEARING
Next Hearing Date: 17-06-2020

Date: 30-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: C/S  HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 28-07-2020

Date: 17-06-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 28-07-2020

Date: 17-06-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 28-07-2020

Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 09-10-2020

Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 09-10-2020

Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Business: By precipe.
Adv. Shri. Suryavanshi for defendant/BMC present.
Defendant produced reminder issued by Asst. Engineer of D Ward stating that in the said matter there is interim relief/stay which required to be vacated so that corporation can pursue further action as per law. It is further contended that the said matter has been escalated to the higher authorities of the corporation for further compliance. Ld Adv of defendant requesting to expedite hearing on stay of the matter. However, considering Covid-19 SOP in my humble view plaintiff cannot be compel to appear and argue in this situation. At present moment as on today no any adverse order can be passed against any absent party.
Hence, defendant is hereby asked to forward copy of today\''s roznama to plaintiff and his advocate and inform the next date of the matter and if they desire they can come for arguments by their sweet will. If both parties present voluntarily then court is ready to hear and decide said application with their consent on merits as per law.
Authenticated copy of the today\''s roznama be given to defendant if requested.
Adjd for voluntary arguments if any to 2/11/2020 at 11 a.m.
Next Purpose: HEARING
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: Adv Gayatri Sharma I/b S K Shrivastav for plaintiff present.
Adv Suryawanshi for defendant/MCGM present.
ADv of defendant submitted that in the year 2017 plaintiff obtained ad-interim injunction against corporation therefore he is expecting speedy hearing on Notice of Motion which is already replied by corporation.
Adv of plaintiff submitted that the another advocate is going to argue on NM who is presently out of the station hence she wants time.
Both the advocates submitted that before some days there was incidence of fire in The Orchid City Center Mall.
Considering said facts it is necessary to decide Notice of Motion as early as possible which is pending since long.
Hence matter is adjourned as a last chance for arguments on NM.
Parties are at liberty to submit written notes of arguments if any for avoiding delay.
Earlier order if any to continue till the next date.
Matter adjourned for arguments on NM to 06.11.2020 at 11.00 am.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 06-11-2020

Date: 02-11-2020
Business: Adv Gayatri Sharma I/b S K Shrivastav for plaintiff present.
Adv Suryawanshi for defendant/MCGM present.
ADv of defendant submitted that in the year 2017 plaintiff obtained ad-interim injunction against corporation therefore he is expecting speedy hearing on Notice of Motion which is already replied by corporation.
Adv of plaintiff submitted that the another advocate is going to argue on NM who is presently out of the station hence she wants time.
Both the advocates submitted that before some days there was incidence of fire in The Orchid City Center Mall.
Considering said facts it is necessary to decide Notice of Motion as early as possible which is pending since long.
Hence matter is adjourned as a last chance for arguments on NM.
Parties are at liberty to submit written notes of arguments if any for avoiding delay.
Earlier order if any to continue till the next date.
Matter adjourned for arguments on NM to 06.11.2020 at 11.00 am.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 06-11-2020

Date: 02-11-2020
Business: Adv Gayatri Sharma I/b S K Shrivastav for plaintiff present.
Adv Suryawanshi for defendant/MCGM present.
ADv of defendant submitted that in the year 2017 plaintiff obtained ad-interim injunction against corporation therefore he is expecting speedy hearing on Notice of Motion which is already replied by corporation.
Adv of plaintiff submitted that the another advocate is going to argue on NM who is presently out of the station hence she wants time.
Both the advocates submitted that before some days there was incidence of fire in The Orchid City Center Mall.
Considering said facts it is necessary to decide Notice of Motion as early as possible which is pending since long.
Hence matter is adjourned as a last chance for arguments on NM.
Parties are at liberty to submit written notes of arguments if any for avoiding delay.
Earlier order if any to continue till the next date.
Matter adjourned for arguments on NM to 06.11.2020 at 11.00 am.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Business: Adv. Ms. Gayatri Sharma h/f S.K. Shrivastav for plaintiff present.
Adv Suryavanshi for defendant/MCGM present.
NM No.324/17 is pending for arguments. Adv of plaintiff is seeking adjournment by saying that liberty be given to withdraw this N/M and to file fresh one. Both parties admitted that there is incident of fire in the said mall.
Adv of plaintiff wants to withdraw NM No.324/17. Hence, said N/M stands withdrawn as requested.
Adv of both the parties admitted that in NM No.324/17 on 24/1/17 ad interim relief was granted. Needless to mention that, when main N/M is withdrawn then automatically said relief will come to an end. Plaintiff is given liberty to file fresh N/M if required by avoiding delay. Parties are also directed to submit colour and dated photographs of said structure u/s. 165 of Evidence Act.
Matter adjourned for arguments on C/S to 02/12/2020 at 11 a.m.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 02-12-2020

Date: 06-11-2020
Business: Adv. Ms. Gayatri Sharma h/f S.K. Shrivastav for plaintiff present.
Adv Suryavanshi for defendant/MCGM present.
NM No.324/17 is pending for arguments. Adv of plaintiff is seeking adjournment by saying that liberty be given to withdraw this N/M and to file fresh one. Both parties admitted that there is incident of fire in the said mall.
Adv of plaintiff wants to withdraw NM No.324/17. Hence, said N/M stands withdrawn as requested.
Adv of both the parties admitted that in NM No.324/17 on 24/1/17 ad interim relief was granted. Needless to mention that, when main N/M is withdrawn then automatically said relief will come to an end. Plaintiff is given liberty to file fresh N/M if required by avoiding delay. Parties are also directed to submit colour and dated photographs of said structure u/s. 165 of Evidence Act.
Matter adjourned for arguments on C/S to 02/12/2020 at 11 a.m.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 02-12-2020

Date: 06-11-2020

Date: 02-12-2020
Business: Adv Kushal Amin (I/b S.K. Shrivastav) present for plaintiff.
Adv Suryawanshi present for MCGM/defendant.
Exh.35- Adv of plaintiff submitted application for production of colour and dated photographs. O- Application is allowed.
Exh.36- Adv of plaintiff submitted application for returning of original documents filed by the witness Mr. Firoz Chandiwala.
Call say to other side.
Adv of plaintiff submitted that due to fire in the suit premises he wants to withdraw Chamber Summons No. 613/18 due to change of circumstances. Hence said CS stands withdrawn as prayed for with liberty to file fresh CS. CS No. 613/18 stands disposed of accordingly.
Matter adjourned for reply to 16.12.2020.
Nature Of Disposal: WITHDRAWL
Disposal Date: 02-12-2020

Main Case No: SUIT/0100373/2017
Main Cnr: MHCC010012122017
Main Filing No: 111447

Filing Number: 104614/2018
Filing Date: 28-03-2018
First Hearing Date: 25th April 2018
Decision Date: 02nd December 2020
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE