Denzil Paul CoutinhoVsThe Asst. Municipal Commissioner

Date: 23-04-2019
Business: Advocate V.T.Dubey for plaintiff present filed draft notice of motion.
Advocate Ms.Hajare for defendant/MCGM present.
Heard advocate Dubey and advocate Ms. Hajare. Perused the documents.
It appears from the notice Exh. D that it was prepared on 15.04.2019 but is signed on 18.04.2019.  The plaintiff admits service of notice on 18.04.2019 itself. However, according to him it was served at 5.00pm.  Advocate for plaintiff submitted that 19.04.2019 being holiday, reply was submitted to the defendant on 20.04.2019.  But on same day order is passed stating that no reply is filed. In such circumstances, the impugned order prima-facie is not  passed after following the principles of natural justice. Hence, the order.
Order-
1. Ad-interim relief in terms of prayer clause (c) is granted till next date.
2. Leave is granted to register N/M.
3. Defendant to file reply to N/M.
4. Plaintiff to serve writ of summons on defendant.
Authenticated copy of roznama be given to the parties.
The Case is adjd. To 15.06.2019   for  N/M reply and steps.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2019

Date: 15-06-2019
Business: Advocate V.T.Dubey for the plaintiff present.
Advocate Ms. Mhatre for BMC/deft present.
Earlier order to continue till next date.
Matter adjd to  30.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-07-2019

Date: 30-07-2019
Business: Adv. V. T. Dubey for Plaintiff present.
Adv. Ms. Mhatre  for Deft./BMC present.
Earlier order to continue till next date.
Matter adjd to 01.10.2019 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Advocate N.K.Dubey h/f adv.V.T.Dubey for plaintiff present and filed original Notice of Motion No. 1745/19      along with affidavit in support of Notice of Motion. T.O.R.
Advocate for plaintiff also filed Writ of summons. TOR and marked as Exh.2
Advocate Ms. Mhatre  for defendant/MCGM present.
The case is adjourned to 20.12.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: Adv. Mr. V. T. Dubey for plaintiff present and filed an application t.or. Marked as Exh.03.
Adv. Mrs. Tondwalkar  for deft./MCGM prayed adjd. to file reply.
Matter is adjd. 17/01/2020 for reply on n.m
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: Adv. Mr. Rashid Ansari for plaintiff present.
Adv. Mrs. Tondawalkar for deft./MCGM, no reply filed by BMC on Exh.3.  Hence, EOC is continued.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 27.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2020

Date: 25-08-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Adv. Mr. V.T. Dubey for plaintiff present and requested to continue earlier order.
Adv. Ms. Mhatre for deft./MCGM present and filed reply cum written statement at Exhibit-3.
Earlier order if any, to continue till next date.
Matter is adjd. for reply to 17.02.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Adv. Ansari for plaintiff present.
Adv. Mhatre for deft./MCGM present.
Matter is adjourned for N/M hearing to 19.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: Due to surge in Covid-19 matter is adjourned to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Adv. Mr. V.T.Dueby for plaintiff is present.
Adv. Ms. Mhatre h/f Mr. Khandagale for defendant/MCGM is present and orally requested time for NM hearing. Granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 06.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: Adv. Ms. Vijyarani Prasad for plaintiff is present and requested for keeping back the matter.
Adv. Mr. Khandagale for defendant/MCGM is present.
KB LO at 3:58 pm.
Adv. Mr. Mohd. Rashid for plaintiff is present and orally requested time for NM hearing. Granted strictly as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 12.08.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv. Mr. V. T. Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Heard both the sides on NM No. 1745/2019.
Earlier order, if any, to continue till the next date.
Adjourned for NM Order to 29.08.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Adv. Mr. V. T. Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
The Court is busy in passing order in SU Nos. 1199/2017, 1412/2017, 1207/2020 and 620/21.
Earlier order, if any, to continue till the next date.
Adjourned for NM Order to 26.09.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: Adv. V.T. Dubey for the plaintiff is present.
Adv. Khandagale for defendant/MCGM is present.
KB LO at 05:32 pm.
F.R.S.R. following order is passed on NM No. 1745/2019:
                                    ORDER
(i).	Notice of Motion No. 1745/2019 is partly allowed.
(ii).	The defendant, its agents, its servants and anybody else
          claiming through him are hereby restrained from proceeding
          against the notice structure, in pursuance of the
          suit notice dtd. 15.04.2019 and Order dtd. 20.04.2019,
          except by following the due process of law.
(iii).   Notice of Motion No.1745/2019, accordingly, stands
          disposed of.
Adjourned for draft issues to 25.11.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: Court is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: None present for the plaintiff.
Adv. Khandagale for defendant/MCGM is present.
Adjourned for draft issues to 17.04.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for draft issues to 26.06.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for draft issues to 21.08.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for draft issues to 11.10.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-10-2023

Date: 11-10-2023
Business: PO is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-12-2023

Date: 08-12-2023
Business: Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for draft issues to 07.02.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-02-2024

Date: 07-02-2024
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. He submitted that in view of the NM Order, calling the defendant to follow DPL, the suit may be referred for lok-adalat.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
By concent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.
Adjourned for Lok-adalat to 03.03.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 03-03-2024

Date: 03-03-2024
Business: NATIONAL LOK-ADALAT HELD ON 03.03.2024 (Panel No.V)
Matter pertains to C.R. No. 11.
Plaintiff is present.
Adv. Mr. Nagendra Dubey for plaintiff is present.
Adv. G. O. Giri for defendant is present.
Concerned Officer is absent.
The case is adjourned to 15.04.2024.
Adv. Mr. Sanjay P. Patankar       Panel Member                    HHJ. SHRI. B. Y. PHAD
                                                    Panel Head
Next Purpose: HEARING
Next Hearing Date: 15-04-2024

Date: 15-04-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. Mr. V. T. Dubey for the plaintiff is present and sought time to take instructions for lok-adalat.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for draft issues (LN) to 01-07-2024
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-07-2024

Date: 01-07-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Arvind Rathod for defendant/MCGM is present.
By concent of the parties, the matter is referred to ensuing Lok-Adalat and issuance of separate notices is dispensed with.
Adjourned for lok-adalat to 27.07.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 27-07-2024

Date: 27-07-2024
Business: PANEL HEAD - HHJ SHRI R. M. MISHRA
Panel Member - Adv. Shri. Vishal Bhogle
Matter pertains to CR No. 11
Adv. V. T. Dubey for plaintiff present.
Plaintiff present.
Adv. Arvind Rathod for defendant/MCGM present.
Mr Sanjay Dudhbhate, Assistant Engineer, L ward present.
     It has been agreed between the parties in view of the order dtd. 26.09.2022 passed in notice of motion no. 1745/2019 this suit is to be disposed of. Hence, in terms of the settlement award Exh. 5, suit stands disposed of.
  Accordingly, L C Suit No. 1086 of 2019 stands disposed of.
Nature Of Disposal: LOKADALAT
Disposal Date: 27-07-2024

NOTICE OF MOTION/101745/2019

Filing Number: 104858/2019
Filing Date: 22-04-2019
First Hearing Date: 23rd April 2019
Decision Date: 27th July 2024
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE