Date: 21-09-2021
Business: Advocate Indira Labdhe for plaintiff present.
Advocate Nitesh Pandey for Applicant present.
Advocate Dharmesh Vyas/Smt. Meena Dhuri for defendant/BMC present.
Advocate for Defendant No. 3 & 4 present.
Advocate for plaintiff filed application Exh. 5.
Advocate for Defendant /BMC filed Reply to Exh. 5
Advocate for plaintiff filed draft N/M @ affidavit in support. t.o.r.
O-Leave is granted to register N/M.
Advocate for plaintiff filed draft Ch/s @ affidavit in support. t.o.r.
O-Leave is granted to register Ch/s
Heard Argument of both sides.
FRSR FOLLOWING ORDER PASSED
Order
Application Exhibit – 5 for extension of protection order dated 04.08.2021 passed in Notice of Motion No. 1381/2021 is rejected.
Adjd for Ch/S Hearing / Reply to 21.10.2021
Next Purpose: C/S HEARING
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Received writ from Honble High Court in Interim Application No. 2579/2021 in Appeal From Order No. 288/2021
CORAM :- A.S. Gadkari, J has passed following order on 29th September, 2021.
“P.C.
Leave to amend to annex copy of the Plaint and other documents, which are already on record before the Trial Court.
Amendment be carried out within a period of one week from today and an amended copy of the compilation of Appeal Memo be served upon the learned counsel for the Respondents within the same stipulated period.
2. Learned counsel appearing for the Respondent Nos. 1 and 2 seek time to take instructions and to file a brief reply, if necessary.
At his request, stand over to 20th October, 2021.
3. Till the next date, the Respondent Nos. 1 & 2 are directed not to take coercive steps against the Suit premises in pursuance of notice dated 24th July, 2020 and Speaking Order dated 2nd September, 2021 passed by the Competent Authority.”
Advocate Indira for plaintiff present and filed registered N/M No. 2274/2021 and registered Ch/S 1209/2021.
Advocate Nitesh Pandey I/B Vaibhav Mehta & Asso for Applicant present.
Advocate for Defendant No. 3 & 4 present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Ch/s Hearing to 13.01.2022
Next Purpose: C/S HEARING
Next Hearing Date: 13-01-2022
Date: 13-01-2022
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 for Ch/s Hearing to 22.02.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: None present for plaintiff.
Advocate Tejeshree for Applicant present and filed Vakalatnama Marked as Exh. 06
O – Filed.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Hearing on Ch/s No. 572 /2020 to 16.06.2022
Next Purpose: C/S HEARING
Next Hearing Date: 30-05-2022
Date: 30-05-2022
Business: NOB TOB
Received Writ from Hon\''ble High Court Writ A.O. Civ. No. C0709909 of 2022 dated 07/05/2022 in Appeal from order No. 288 of 2021 with Interim Application No. 2579 of 2021 ( For Stay) in Appeal from order No. 288 of 2021
(Coram :- Sandeep K. Shinde, J.) has on 18th April, 2022 passed the following order :
“P.C. :-
Perused the impugned order. Indisputably, the order protecting the notice structure was in force till 18th September, 2021. Notice of Motion No. 227/2021 moved by the Appellants-Plaintiffs is scheduled for hearing on 16th June 2022. Having regard to this fact, it would be expedient, in the interest of justice, to continue ad-interim protection granted by the Trial Court vide order dated 4th August, 2021 till notice of motion No. 2274/2021 in Suit No. 1789/2021 is decided. Otherwise in absence of protection, second speaking order of Designated Officer will attain finality. As such, the Trial Court shall decide Notice of Motion 2274/2021 on it\''s own merits without being influenced by the impugned order. The parties shall appear before the Trial Court on 16th June, 2022, without fail. Whereafter, Learned Trial Judge shall make an endevour to dispose of notice of motion preferably, before 30th, July, 2022. For the reason stated above, Appeal and all applications therein are disposed of in the aforesaid terms.
Matter Already Adjd to 16.06.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: As court is on leave. Board is discharged.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: As court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: As court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Advocate Indira Labde for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Advocate Zubin Dalal, Rajmahi Varma, Navdeep Vora Sean Ma for applicant present.
Advocate Aniruddha A. Sapre for defendant No. 3 and 4 present and filed written statement at Exh.7. Copy served.
Adjd for NM Reply of defendant no. 1 and 2 (BMC) /NM Hearing to 07.07.2022.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Advocate Indira Labde for plaintiff present.
Advocate Dalal for applicant present.
Advocate for defendant No. 3 and 4 present.
Advocate Dharmesh Vyas alongwith Smt. Meena Dhuri for defendant/BMC present.
Heard argument on both sides.
Adjd for Order to 14.07.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Advocate for plaintiff present.
Advocate Rajmani Verma for applicant present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Ch/s Order to 19.07.2022.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Advocate Indira Labdhe for plaintiff present.
Advocate Dharmesh Vyas alongwith Smt. Meena Dhuri for defendant/BMC present and filed reply to Notice of Motion. Copy served.
Advocate Sean Ma for Applicant present.
FRSR FOLLOWING ORDER PASSED on chamber summons 572/2020
ORDER
1. Chamber Summons No. 572 of 2020 is dismissed.
2. Chamber Summons No.572 of 2020 in Suit No. 1789 of 2021 is disposed off.
Adjd for NM Hearing to 26.07.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: None present for plaintiff.
Advocate Shri. Dharmesh Vyas alongwith Smt. Meena Dhuri for defendant/BMC present.
Advocate for Defendant No. present.
L.O. 11.44 a.m.
Advocate Indira Labdhe for plaintiff present.
Adjd for Argument to 28.07.2022 at 1 “o” Clock.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: Advocate Indira Labdhe for plaintiff present and filed rejoinder to Notice of Motion No. 2274/2021. copy served.
Advocate Dharmesh Vyas alongwith Smt. Meena Dhuri for defendant/BMC present.
Heard argument on both sides on Notice of Motion No. 2274/2021
Adjd for further NM No. 2274/21 Hearing to 29.07.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Advocate Indira Labdhe for plaintiff present
Advocate Dharmesh Vyas, Advocate Krisha Dedhia alongwith Smt. Deepali Patil for Defendant No. 1 and 2/BMC present.
Advocate Aniruddha Sapra for Defendant No. 3 to 4 present.
Heard argument on both sides on Notice of Motion No. 2274/21.
Adjd for further Notice of Motion No. 2274/21 Hearing to 30.07.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Business: Advocate Indira Labdhe for plaintiff present.
None present for defendant/BMC present.
Adjd for NM Order to 06.08.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: Advocate for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Stenographer is not available, hence matter adjourned to Notice of Motion order.
Adjd for NM Order to 08.08.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Advocate Indira Labdhe for plaintiff present
Advocate Dharmesh Vyas alongwith Smt. Deepali Patil for defendant/BMC present.
FRSR FOLLOWING ORDER PASSED
ORDER
1. Notice of Motion No. 2274/2021 is rejected.
2. Notice of Motion No. 2274/2021 is disposed off.
Adv.for plaintiff filed application Marked as Exh. 8
Advocate for defendant/BMC and filed say on Application Exh. 8 itself.
Heard argument on Application Exh. 8
Order
Adv. Indira Labdhe for plaintiff filed Stay application Exh. 8
is allowed till appeal period is over.
Adjd for Ch/s Hearing to 20.10.2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: Court is on leave
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: Advocate for plaintiff present.
Advocate Diwate for defendant/BMC present.
Adjd for to
KB
LO 2.50 pm.
Advocate for plaintiff present.
Advocate for Defendant No. 3 and 4 present.
Adj for chamber summons hearing to 17.01.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 17-01-2023
Date: 17-01-2023
Business: Advocate Harsh Pathak h/f Indira Labde for plaintiff present.
None present for Defendant No. 3 to 4
Advocate Smt. Meena Dhuri for defendant No. 1 and 2/BMC present.
Adjd for Ch/s Hearing to 14.02.2023
Next Purpose: C/S HEARING
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: Advocate Harsh Pathak h/f Indira Labdhe for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
On request of advocate for plaintiff adjournment is granted for filing reply on ch/s filed by plaintiff.
Adjd for Ch/s Reply to 01.04.2023
Next Purpose: C/S REPLY
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: Advocate Harsh Pathak h/f Indira Labdhe for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
On request of advocate for plaintiff adjournment is granted.
Adjd for Ch/s Reply to 22.06.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: As P.O. is gone on training to uttan. Hence, matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: None present for plaintiff.
Advocate Meena Dhuri present for defendant/BMC and sought adjournment for filling reply.
Matter adjourned for cs hearing to 3/10/23.
l.o. at 03.43 pm.
Advocate Harsh Pathak for plaintiff present.
Next Purpose: C/S HEARING
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: Advocate Dimple Jain present for plaintiff and sought adjournment..
Advocate Meena Dhuri present for defendant/BMC.
Matter adjourned for CS reply to 07/12/23.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-11-2023
Date: 28-11-2023
Business: Advocate Dimple Jain present for plaintiff and sought adjournment for filling amended copy of plaint. O- Granted..
Advocate Meena Dhuri present for defendant/BMC.
Matter is wrongly on board. Matter adjourned for CS reply to 07/12/23.
Next Purpose: C/S REPLY
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Advocate Dimple Jain present for plaintiff.
Advocate Meena Dhuri present for defendant/BMC and file reply to cs no. 1209/21.
Copy served.
Matter adjourned for cs hearing to 15/2/24.
Next Purpose: C/S HEARING
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: Advocate Dimpal Jain present for plaintiff and sought adjournment. O- Granted.
Advocate Meena Dhuri present for defendant/BMC.
Matter adjourned for CS hearing to 20.06.2024.
Next Purpose: C/S HEARING
Next Hearing Date: 12-03-2024
Date: 12-03-2024
Business: By Praecipe.
Advocate Dimpal Jain h/f Adv. Indira Labdhe present for plaintiff and filed application for adding party to the suit as per order of Honble high court in writ petition no. 14672 of 2022 dtd. 20.02.2024.
Advocate Meena Dhuri present for defendant/BMC.
Adv. Prajit Vora h/f Navjeet Vora and Assoc. for applicant present.
The following order is passed below Exh. 9
ORDER
In view of order passed by Honble High Court in W. P. No. 14672 of 2022 dated 20th February, 2024 plaintiff is permitted to carry out amendment by impleading party to suit as prayed.
Matter already adjourned to 20.06.2024.
Next Purpose: C/S HEARING
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: Advocate Dimpal Jain present for plaintiff and filed amended copy of plaint.
Advocate Dharmesh Vyas present for defendant/BMC no. 1.
Adv. Meet Vora for defendant no. 5 present.
Plaintiff is directed to supply amended copy of plaint along with document to newly added defendant no. 5.
Matter adjourned for CS reply by defendant no. 5 to 25.09.2024.
Next Purpose: C/S REPLY
Next Hearing Date: 25-09-2024
Date: 25-09-2024
Business: None present for plaintiff.
Advocate Dharmesh Vyas present for defendant/BMC.
Adv. Shraddha Chheda for defendant no. 5 present.
Matter adjourned for CS reply to 22.01.2025.
Next Purpose: C/S REPLY
Next Hearing Date: 22-01-2025
Date: 22-01-2025
Business: Advocate Tejas Shah present for plaintiff.
Advocate Kartikay Kaushik h/f Adv. Dharmesh Vyas present for defendant/BMC and sought adjournment. O- Granted.
None present for defendant no.5.
Matter adjourned for CS reply to 17.04.2025.
Next Purpose: C/S REPLY
Next Hearing Date: 17-04-2025
Date: 17-04-2025
Business: None present for plaintiff.
Advocate Bibhishan Sutar present for defendant/BMC.
Adv. Shraddha Chheda for defendant no. 5 present and sought adjournment for filing reply. O- Granted.
Matter adjourned for CS reply to 24.07.2025.
Next Purpose: C/S REPLY
Next Hearing Date: 24-07-2025
Date: 24-07-2025
Business: Advocate Indira Labdhe present for plaintiff.
Advocate Dharmesh Vyas present for defendant/BMC no. 1 and 2.
None present for defendant no. 3 and 4.
Adv. Kinjal Jain for defendant no. 5 present. The defendant no. 3 to 5 have failed to file their reply on the CS No. 1209 of 2021 hence no reply order passed against them.
Heard argument of plaintiff as well as BMC on CS No. 1209 of 2021.
F.R.S.R. following order is passed on CS No. 1209 of 2021.
ORDER
1. Chamber Summons No.1209 of 2021 is allowed and disposed of,
accordingly.
2. Plaintiff is directed to carry out necessary amendment within
limitation.
3. Cost in main cause.
Matter adjourned for compliance to 30.09.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2025
Date: 30-09-2025
Business: COURT IS ON LEAVE.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-10-2025
Date: 30-10-2025
Business: Advocate Nidhi Chawla h/f Adv. Indira Labde present for plaintiff and submitted application at Exh. 9 to seeks time to carry out amendment. O - Granted.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for compliance to 27.01.2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2026
Date: 27-01-2026
Business: Advocate Nidhi Chawda h/f Adv. Indira Labhde present for the plaintiff and seeks time for compliance. O - Time granted as a last chance.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for compliance to 26.03.2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-03-2026
Date: 26-03-2026
Business: Advocate Nidhi Chawda h/f Adv. Indira Labdhe present for the plaintiff and seeks time for compliance. O - Time granted.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for compliance to 30.04.2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-04-2026
Date: 30-04-2026
Business: None present for the plaintiff.
Advocate Ruhi Hajare present for defendant/BMC.
Adv. Komal Jadhav for defendant No. 5 present.
Time extended for compliance as last chance.
Matter adjourned for compliance to 11.06.2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-06-2026
Date: 11-06-2026
Business: Advocate Nidhi Chawda h/f Advocate Indira Labde present for the plaintiff. Advocate for plaintiff is unable to submit in respect of the stage and proceedings of the suit. Hence, seek adjournment for taking proper instructions from Advocate on record for proceedings further with the suit. O- Time granted for taking steps.
Advocate Ruhi Hajare present for defendant/BMC.
Matter adjourned for taking steps to 08.09.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-09-2026
Date: 08-09-2026
Business: Advocate Aryan h/f Adv. Indira Labdhe present for the plaintiff and supplied the amended copy of plaint to the defendant. He seeks time for filing amended copy of plaint on record. O - Time granted.
Advocate Kamini Pagare present for defendant/BMC.
Adv. Komal Jadhav for defendant No. 5 present.
Matter adjourned for filing amended copy of plaint to 19.11.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-11-2026