Date: 30-09-2020
Business: Adv. Mr. Rajesh Singh for plaintiff, filed original NM no. 1381/2020. He is ready with unscaled map, however, it is incomplete. Plff to produced unscaled map along-with Length, Width and Height of entire structure along-with some photographs.
Adv. Mrs. Mhatre for deft./MCGM present, submits that scrutiny of the document is going on, however, speaking order is yet not issued.
Matter is adjd. for NM reply on 28.10.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Business: Adv. Rahul Singh for plaintiff.
Adv. Ms. Mhatre for deft./MCGM, prayed for time to file reply.
Earlier order, if any, to continue till next date.
Matter is adjd. to 09.12.2020 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv. Mr. Rawal Sing for plaintiff present.
Adv. Mhatre for deft./MCGM present and requested short time to file reply.
Earlier order, if any, to continue till next date.
Matter is adjourned for N/M reply to 09.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjourned for NM hearing to 11.06.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Business: Due to Covid-19, matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: CORAM H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv Rajesh Singh for the plaintiff present and tendered application for continuation of EOC. Said application is t.o.r. and marked as Exh.2.
O- Other side to say.
Adv Khandagale for defendant / MCGM present and has given say on Exh.2.
Heard both sides on Exh.2.
ORDER on Exh.2.
Perused the application and say. Heard both sides.
I have gone through the order passed on 28.08.2020, the Status-quo order was passed till passing speaking order by MCGM. Today the Adv of MCGM could not firmly state whether speaking order was passed or not, therefore application is allowed.
Earlier order, if any, to continue till next date.
Adjd. To 29/09/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. Pooja Shivtarkar for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 29.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv. Mr. Rajesh Singh for Plaintiff present.
Adv. Mr. Khandagale for Defendant/BMC present.
Leave granted to register the suit.
Earlier order, if any, to continue till the next date.
Matter adj. to 14/01/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: Adv. Mr. Rajesh Singh for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Plaintiff is directed to get register the suit positively till the next date without fail.
Earlier order, if any, to continue till the next date.
Adjourned for directions to 21.02.2022.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: Adv. Ms. Pooja Shivtarkar for plaintiff is present and orally requested for time to register the suit. Granted as a last chance.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for compliance/registration of suit to 27.04.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Matter pertains to C.R.No.11.
Adv. Pooja Shivtarkar for the plaintiff present.
Adv. Khandagale for defendant/MCGM is present.
Earlier Order, if any, to continue till the next date.
Adjourned for Direction to 18.07.2022.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. Mr. Rahul Singh for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. He submitted that while passing the earlier order, the defendant was supposed to pass Speaking Order and till date it is not passed. Sufficient time is already granted to file NM reply. Hence, this request is discarded.
Heard both the sides on NM No. 1381/2020. The following order follows on NM No. 1381/2020:
ORDER
Having considered there submissions, at the outset, it seems that in view of the notice dated 28.07.2020, the plaintiff filed his reply on 03.08.2020 and admittedly, as of now, the Speaking Order is awaited in the matter. The learned advocate for the plaintiff made the statement at bar that till date, no Speaking Order is communicated to the plaintiff. Even the defendant did not file reply on this NM. Needless to say that having received the notice reply, it was required from the defendant to consider the same and to communicate his response/outcome, in either form, to the plaintiff. However, this procedure is not followed. Nor, till date, the passing of speaking order is communicated on the record. This was the position prevailing even at the time of passing of earlier order of status-quo which is continued till date. On this background, it can safely be concluded that the defendant is yet to follow the due process of law before proceeding against the notice structure. In the result, the defendant is called upon to consider the notice reply dated 03.08.2020 filed by the plaintiff and to pass the speaking afresh, if he so desires. In the meantime, he is restrained to proceed against the notice structure, without following the due process of law, on the basis of the suit notice dated 28.07.2020. In case, the said order goes against the plaintiff, the effect and operation thereof may be stayed for the period of two weeks from the date of its communication to the plaintiff, so as to enable him to exercise the remedies legally available to him. In the light of these observations, NM No. 1381/2020 is disposed of as partly allowed.
Adjourned for WS to 26.09.2022.
Nature Of Disposal: ALLOWED
Disposal Date: 18-07-2022