Bhamabai Shamrao MateVsThe Asst. Municipal Commissioner +2 more

Date: 30-09-2020
Business: NOB.TOB.By precipe.
Adv. Ansari Asggar Kalim for plaintiff present and tendered draft NM along with affidavit in support of NM . t.o.r. Leave is granted to register NM. Returnable  till next date. He also tendered affidavit of service t.o.r.
Adv. Khandagle for MCGM/Deft. present.
Mr. Manoj Shamrao Hulge,  Jr.Engineer, (B/F Department), M/East Ward,  MCGM  present.
Heard advocate Ansari for plaintiff, advocate Khangale for MCGM.
Perused plaint along with NM.  Perused all the documents filed by  both the sides. It is a case where plaintiff has not filed the regularization application before the Deputy Chief Engineer (Building Proposal),  Special Cell - 3 . It is mandatory to any person who wants to install mobile tower, he has to made an application for permission/ regularization before the appropriate authority as per DOT guidelines dtd. 17.02.2018.
        I am of the opinion that considering the documents filed on record that plaintiff has not come with clean hand to seek equitable relief.
          The plaintiff has errected tower and then made application for permission before the improper authority which is not permissible  by law. Hence order-
Order
1. Ad-interim relief rejected.
2. Four weeks\'' time is granted to the plaintiff to file appeal
against order before Hon\''ble High Court.
3.  MCGM is directed not to take any coercive step for next four
weeks.
4.  In any case,  the time will not be extended after four weeks.
Authenticated copies be given to the both parties.
Matter adjd to 09.12.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: None for Plaintiff.
Adv. Khandagale for deft/MCGM present.
Officer Mr. Manoj Hulge, Jr. Engg. (B and F), M/E ward, MCGM , is present.
On oral request of advocate for deft, adjournment granted to file reply to NM.
Matter adjd to 10/02/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: None for plaintiff.
Adv. Khandagle for deft/MCGM present and requests for time to reply to NM. Time is granted till next date.
Matter adjd to 26/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: As Court is on leave, hence board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: None for plaintiff.
Adv. Tondwalkar for BMC/defendants No.1 and 2  present and and requests for time to file NM reply.
Time is granted till next date.
None for defendant No.3.
Matter is adj. to 29/09/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Adv Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present.
None for defendant no.3.
Adjd. To 15/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant No. 1 and 2/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
None for Defendant No.3.
Matter is adjd to 17/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-01-2022

Date: 17-01-2022
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. to 16.03.2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Adv. Shrish Shigvan h.f. Ansari Assgar Kalim for Plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 27/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for defendant Nos. 1 and 2/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
None for deft. No. 3.
Plaintiff is directed to submit status report of proposal of regularization.
Adjd. to 22/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv. Shirish Shigvan h.f. Adv. Ansari Assgar for plaintiff present.
Adv. Mrs. Tondwalkar for D/1 and D/2 BMC is present and requested for tile reply to NM. Time is granted till next date.
None for D/3.
Adjd. to 10/10/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Adv. Jyoti Mishra h/f Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
None for deft. No.3 and not filed reply.
Adjd. to 07/12/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: Court is busy in dictating order in Ch/S and urgent ad-interim hearing, board is discharged.
Adjd. to 13/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: As Court is busy in dictating orders in ad-interim relief and Ch/S order, board is discharged.
Adjd. to 05/04/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: Adv. Ansari Asggar Khan for plaintiff present.
Adv. Mr. Suryavanshi for defendant no. 1 and 2/ BMC is present and requested for time to file NM reply. Time is granted till next date.
None for defendant no. 3.
Adjd. to 12/06/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: Advocate Ansari for plaintiff present.
Advocate Suryavanshi  for defendant No. 1 and 2/BMC present and seeks time to file reply to NM. Time is granted.
Plaintiff is directed to take against defendant No. 3 otherwise suit will be dismissed against defendant No.3.
Adv for plaintiff submitted summon be served upon defendant No. 3, hence issue summons to defendant NO. 3 through bailiff of the office of the Sheriff of Mumbai.
Adjd  to 08.09.2023 for NM reply by BMC/ steps against def No. 3
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2023

Date: 08-09-2023
Business: P. O. is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: Board is discharged as court is busy in hearing urgent Ad-interim and NM hearing matter, due to paucity of time, matter adjourned.
Adjd  to   22.01.2024  for NM reply by BMC/ steps against def No. 3
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: As court is busy in Judgment in Suit No. 2251/14 and other hearing urgent matter, Board is discharged, hence matter adjourned.
Adjd  to  20.03.2024  for NM reply by BMC/ steps against def No. 3
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2024

Date: 20-03-2024
Business: CORAM: H.H.J. SHRI. R. M. MISHRA (COURT ROOM No.05)
Matter pertains to C. R. No. 4
None for plaintiff.
Adv.Mr.Suryawanshi for Deft. Nos. 1 and 2/BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 27/3/2024 for N/M reply by defendant Nos. 1 and 2/BMC and steps against defendant No. 3.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: As Court is busy in hearing ad-interim matters and dictating ad-interim order, board is discharged. Hence matter adjourned.
Earlier order, if any, to continue till next date.
Adjd  to 24.06.2024     for N/M reply by defendant Nos. 1 and 2/BMC and steps against defendant No. 3.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: Advocate  Ansari Kalim for plaintiff present.
Advocate  Botlawar  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
Adv for plaintiff tendered report of service of writ of summons marked as Exh. 5. it appears writ of summson has been served upon D-3 on 14.09.2023 but he failed to appear. Hence suit to proceed exparte against D- 3.
Plaintiff is direced to tender original NM No. 1384/20 till next date.
Adjd  to 23.09.2024  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2024

Date: 23-09-2024
Business: Advocate Ansari  for plaintiff present submitted that in second session he has to go Bandra to attend Ground Breaking ceremony of High Court Building and requested adjournment.
Advocate  Honmane  for defendant/BMC present and seeks time to file reply to NM. Time is granted.
plaintiff to tender original NM till next date otherwise same will be dismissed for want of compliance.
Earlier order, if any, to continue till next date.
Adjd  to 06.12.2024  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-12-2024

Date: 06-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Ansari Kalim for plaintiff present.
Advocate Honmane for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance.
The suit is of year 2020 but plaintiff has not served writ of summons.
Adv for plaintiff submitted that writ of summons has been served upon BMC and he will tender the same on next date.
Plaintiff is directed to tender NM till next date.
Adjd  to 03.02.2025    for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-02-2025

Date: 03-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Nikita Kamble h/f Adv. Mr. Ansari Kalim for the plaintiff is present. On her say, the matter is kept back to tender registered NM. Adv. Ms. Sujata Puri for defendant No. 1 and 2/MCGM is present. Rest of the defendant are absent.
Later on 4.40 p.m
None present for the plaintiff to tender registered NM. Hence, the NM is posted for dismissal. Earlier order, if any, to continue till next date.
Adjourned for NM dismissal/writ of summons to 15.03.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 15-03-2025

Date: 15-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Ansari Asggar Kalim for the plaintiff is present and filed registered NM No. 1384/2020, along-with affidavit in support. He also filed original writ of summons. Taken on record. It is marked as Exhibit 6. O- Filed. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Sujata Puri for defendant/MCGM is present. Earlier Order, if any, is continued till the next date.
Adjourned for NM reply/WS to 07-07-2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-07-2025

Date: 07-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sangita Honmane h/f Adv. Ms. Vyavhare  for defendant/MCGM is present and sought time to file NM reply. Granted lastly.
Adjourned for NM Reply/Written statement to 13.08.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2025

Date: 13-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Ansari Kalim  for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and filed affidavit in reply to NM along-with list of document Taken on record. O- Filed.  Copy is supplied to other side.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 22.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2025

Date: 22-09-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for Nm hearing .to 17.10.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2025

Date: 17-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 03.12.2025
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2025

Date: 03-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil h/f Adv. Vyavhare for defendant/MCGM is present.
Earlier Order, if any, is continued till the next date.
Adjourned for NM hearing to 19.01.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2025

Date: 10-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Not on Board Taken on Board
There appears element of settlement. Hence, matter is referred to ensuing Lok-Adalat.
Issue notice to the parties.
Adjourned for Lok-adakat report to 13.12.2025
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-12-2025

Date: 13-12-2025
Business: Matter pertains to Court Room No.04
None present for plaintiff.
Adv. Ms. Vidya V. Vyavahare for defendant/BMC is present.
Matter not settled.
Matter be posted to 26.02.2026 for appearance.
Next Purpose: DIRECTIONS
Next Hearing Date: 26-02-2026

Date: 26-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil h/f Vyavhare for defendant/MCGM is present.
Plaintiff is absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. It shows, he is not keenly interested to proceed with the NM.  Suit is pending unattended. It would not be appropriate to keep it pending for the same steps since long. Thus, NM No. 1384/2020 stands dismissed for want of prosecution and finally disposed of.
Later on at 3.53 pm
Adv. Ansari Kalim for plaintiff is present.
Adjourned for written statement to 27.04.2026
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-04-2026

Date: 27-04-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and seeks time to file written statement. O- Time is granted.
Adjourned for written statement to 22.07.2026
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-07-2026

Date: 22-07-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and seeks time to file written statement. O- Granted.
Adjourned for written statement to 23.09.2026
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-09-2026

Date: 23-09-2026
Business: P.O. is on leave. Hence matter adjr. to 30.11.2026.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-11-2026

Registration Number: 101120/2020
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 104666/2020
Filing Date: 24-09-2020
First Hearing Date: 30th September 2020
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE