Suyog Telematics Ltd Through Mr. Shivshankar LatureVsThe Asst. Municipal Commissioner +2 more

Date: 26-04-2019
Business: (By preceipe).
Adv. Mr. Ansari Asggar Kalim for Plff present and tendered draft N/M alongwith affidavit.
O. - Leave is granted to register the N/M.
Adv. Mrs. Mhatre for MCGM/Defts No.1 and 2 present.
None for Deft No.3.
KB - LO at 4.00 p.m.
Same appearance.
Order on ad-interim relief of draft N/M
Perused contents of plaint, documents annexed thereto and heard bothsides. Documents annexed with the plaint show that the Plff has filed application for regularization on 20/4/2019 to Ward Executive Engineer, T-ward.  But online application is not filed.
In such circumstances the Plff is granted liberty to make an online application for regularization of the mobile tower through a licensed architect to the Building and Proposal Department of MCGM within next 3 weeks from today.  Same shall be decided within a period of 6 weeks from the date of making said application.  The order passed on the application will be communicated to the Plff or her licensed architect immediately till the communication of said order to the concern the parties shall maintain the status quo.  If the order goes against the Plff the MCGM will grant the time of 1 week for taking appropriate steps. Till that time if any mishap happens, it will be entire responsibility of Plff to bear the loss arising out of the same and arrange for the compensation. The Plff shall file its undertaking before the Court. If the Plff fails to make the application for regularization within aforesaid period the MCGM will be at liberty to implement this notice impugned in present suit. If the Plff files such undertaking within 2 days from today, the aforesaid order will come in existence.  Then the draft N/M is disposed off.
Authenticated copy be given to the both parties.
Adjd to 26/7/2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: Adv. Ansari for plaintiff present and tendered original writ of summons.  TOR.
Adv. Mrs. Hajare for MCGM/Deft. 1 and 2 present.
None for defendant no. 3.
On oral request of ld adv for def., adjournment granted.
Adjd to 26.09.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: None for plaintiff.
Adv. Mrs. R.M. Hazare for Deft no. 1,2/MCGM present.
None for defendant no. 3
On oral request of advocate for Defendant no. 1 and 2, adjournment granted.
KB
LO
Adv. Ansari Asggar Kalim for plaintiff
Adjd to 10-01-2020 for Written statement
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: None for plaintiff.
Adv. Ms. Hajare for MCGM/Defendant no. 1 and 2 present.
None for defendant no. 3.
On oral request of advocate for Defendant no. 1 and 2, adjournment granted.
Adjd to 25/02/2020 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: None for plaintiff.
Adv. Mrs. Hajare for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
 Matter adjd to 18.06.2020 for W/S.
L.O.
Adv. Ansari for plaintiff present.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: None for plaintiff.
Adv. Hazare for deft nos.1 and 2/MCGM present.
None for deft no.3.
On oral requests of advocate for deft nos. 1 and 2, matter adjourned till next date.
Matter adjd to 02/02/2021 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-02-2021

Date: 02-02-2021
Business: None for plaintiff.
Adv. Ms. Hajare for deft no. 1 and 2/MCGM present and requests for time to file WS. Time is granted till next date.
None for deft no.3.
Matter adjd to 25/03/2021 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: None for plaintiff.
Adv. Ms. Smita Chavan h/f Adv. Ms. Hazare for deft/MCGM present and requests for time to file Ws. Time is granted till next date.
Matter adjd to 22/06/2021 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: None for plaintiff.
Adv Smita Chavan for defendant nos.1 and 2 / MCGM present and requests for time to file W/s. Time is granted till next date.
None for defendant nos.3.
Adjd. To 05/10/2021 for filing written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None for plaintiff.
Adv Smita Chavan for defendant  nos.1 and 2/ MCGM present and and requests for time to file W/s.
O- Time is granted till next date.
None for defendant no.3..
Adjd. To 18/11/2021 for filing W/s.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: None for plaintiff.
Adv Mrs Rawade h.f. Adv. Chavan for defendant No. 1 and 2 / MCGM present and seeks time to file W.S. Time is granted till next date.
None for Defendant No.3.
Matter is adjd to 20/01/2022  for W.S.
L.O.
Adv. Ansari Assgar Kalim for Plaintiff present.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-01-2022

Date: 20-01-2022
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.
Matter is adjd to 08/03/2022 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: None for plaintiff.
Adv Mrs Smita Chavan for defendant nos.1 and 2  / MCGM present and requests for time to file W/s. Time is granted till next date.
None for defendant no.3.
Adjd. To 05/04/2022 for W/s by defendant nos.1 and 2 / MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: HHJ is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: None for plaintiff.
Adv. Mrs. Rawade h/f Adv. Mrs. Smita Chavan for defendant Nos. 1 and 2/ MCGM is present and requested for time to file W/S.
None for deft. No. 3.
Adjd. to 06/08/2022 for passing No w/s orders.
Next Purpose: ORDER
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: None for plaintiff.
Adv. Mrs. Smita Chavan for defendant Nos. 1 and 2/ BMC is present and requested time to file W/S. Time is granted till next date.
None for deft. No. 3.
Adjd. to 13/09/2022 for No W/S order.
Next Purpose: ORDER
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: None for plaintiff.
None for defendant Nos.1 and 2/ BMC, T-ward.
None for defendant No.3.
K.B.
L.O.
Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant Nos.1 and 2/ BMC present and requested time to file W/S.
Rest of the same appearance.
K.B. till 02.45 p.m.
L.O.
Same appearance.
Suit be proceeded without W/S of all defendants.
Adjd. to 03/11/2022 for R/E (without W/S).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: P.O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant Nos.1 and 2/ BMC is present.
None for deft. Nos.3.
Adjd. to 28/03/2023 for R/E (without W/S).
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: Advocate Jyoti Mazkar h/f Ansari for plaintiff present and seeks time to file evidence. Matter adjourned for filing evidence
Advocate Mhatre for defendant No. 1 and 2/BMC present.
None present for defendant No.3
Adjd to 24.08.2023  for Plaintiff evidence
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Advocate Shrish Shigwan h/f Ansari for plaintiff present and requested to keep back  the matter. Hence kept back
Advocate Mhatre for defendant No. 1 and 2/BMC present.
None present for def No. 3
L.o. 13.53
None present for plaintiff.
Keep back
L.O.
None present for plaintiff.
Adjd to 10.10.2023 for plaintiff evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: Representative of plaintiff Ramesh Yarzal present and seeks time to file evidence. Time is granted.
Adv for plaintiff is absent.
Advocate Mhatre for defendant No. 1 and 2/BMC present.
None present for deft No. 3
Adjd  to  18.01.2024   for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-01-2024

Date: 18-01-2024
Business: None present for plaintiff
Advocate Mhatre for defendant No. 1 and 2/BMC present and requested to keep back the matter.
None present for deft No. 3
keep back
Same appearance
Shri. Rajendra R Barwade, Jr. Engineer, ( B & F), T Ward for present.
Adv for deft/BMC tendered draft Notice of Motion @ affidavit in support alongwith written statement TOR
O- Leave granted to register NM
Earlier order, if any, to continue till next date.
Adjd  to  20.02.2024 at morning session for NM Reply by plaintiff and plaintiff evidence/R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-02-2024

Date: 20-02-2024
Business: Advocate Ansari Kalim for plaintiff present and requested adjournment for filing evidence. Hence matter adjourned.
Advocate Jyoti Mhatre- Patil  for defendant No. 1 and 2/BMC present.
Defendant No. 1 and 2/BMC directed to register NM till next date
None present for deft No. 3.
Adjd  to   16.04.2024 for filing evidence by plaintiff/NM Reply /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2024

Date: 16-04-2024
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Adjd  to 16.07.2024   for plaintiff evidence/R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-07-2024

Date: 16-07-2024
Business: None present for plaintiff
Advocate Waghmare for defendant No. 1 and 2/BMC present.
None present for D-3
Deft No. 1 and 2 is directed to register NM within seven days.
Adjd  to  22.08.2024   for NM Reply/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-08-2024

Date: 22-08-2024
Business: None present for plaintiff
Advocate Metakari   for defendant/BMC present.
Today matter is listed for plaintiff evidence and reply by plaintiff to NM but none present for plaintiff since last two dates. Hence no say order passed against plaintiff. Hence matter adjourned for NM hearing.
Deft/BMC to tender NM No.3457/2024 till next date.
Adjd  to 24.09.2024  for NM Hearing/R.E.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2024

Date: 24-09-2024
Business: None present for plaintiff.
Advocate Nagarthwar for defendant No. 1 and 2/BMC present.
Deft/BMC to tender original NM till next date.
Adjd  to 24.10.2024    for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-10-2024

Date: 24-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Adv. Ansari Kalim for plaintiff present.
Advocate Nagarthawar for defendant No. 1 and 2/BMC present.
Deft/BMC to tender NM No. 3457/2024 till next date without fail otherwise necessary order will be passed.
Adjd  to 14.11.2024   for NM Hearing / Compliance
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2024

Date: 14-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate  Nagarthawar a/w Adv. Waghmare  for defendant No. 1 and 2/BMC present.
None present for deft No. 3
keep back
Later on 4.10 p.m
Same appearance
Adv for deft/BMC tender NM NO. 3457/2024 and requested time to argue on NM. Time is granted.
Adjd  to  10.12.2024   for NM hearing /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-12-2024

Date: 10-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Nagarthawar  for defendant No. 1/BMC present.
None present for deft No. 2 and 3.
As Court is busy in Targeted matter, matter adjourned.
Adjd  to 16.01.2025  for NM Hearing /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2025

Date: 16-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ansari Kalim for the plaintiff is present. Adv. Ms. Pooja Nagarthawar for defendant No.1/MCGM is present. Rest of the defendant are absent. Heard both the sides on NM. As Court is busy in urgent matters, the matter is adjourned for NM Order.
Adjourned for NM Order to 01.02.2025.
Next Purpose: NM  ORDERS
Next Hearing Date: 01-02-2025

Date: 01-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sujata Puri h/f Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present. The matter is kept back for NM Order.
Later on at 4.45 pm
None of the parties are present.
Following Order is passed on NM No. 3457/2024.
1.	Perusal of the record reveals that even after ample chances, as defendant Nos. 1 and 2 failed to contest the suit, in view of the Order dtd.13.09.2022, it proceeded without their defence. Still, the fact remains that since passing of the said Order, there could be no substantial progress in the suit and the trial is yet to begin. Further, considering the reliefs sought, it would be just to permit defendant Nos. 1 and 2 to contest the suit. It would facilitate just decision of this suit. Additionally, they could shows their bonafide to proceed with the matter by placing their written statement along-with this NM. Hence, in the interest of justice and to have trial on its merits, I am the view that this NM needs to be allowed. Hence the Order:
1.	Notice of Motion No. 3457/2024 is made absolute in terms 	of prayer clause (a) and (b). As such, the written statement, 	filed by defendant Nos. 1 and 2, is taken on record.
2.	Notice of Motion No. 3457/2024 is, accordingly, disposed of.
The written statement of defendant Nos. 1 and 2 is marked as Exhibit 3.
Adjourned for draft issues to 25.02.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-02-2025

Date: 25-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Nikita Kamble h/f Adv. Mr. Ansari Asggar Kalim for the plaintiff is present and sought time to tender draft issues. Time is granted. Adv. Ms. Shital Waghmare h/f Adv. Mr. Swapnil Bharti for defendant/MCGM is present.
Adjourned for draft issue to 10-06-2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-06-2025

Date: 10-06-2025
Business: Court is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-07-2025

Date: 19-07-2025
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. Nagarthawar for defendant/MCGM is present.
Exhibit 04  - Issues framed
Adjourned for List of witnesses/R.E.to 04.10.2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-10-2025

Date: 04-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for RE. to 30.10.2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-10-2025

Date: 30-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
Adjourned for recording evidence to 04.12.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-12-2025

Date: 04-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Rupali Patil for defendant/MCGM is present.
Adjourned for RE.to 13.01.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-01-2026

Date: 13-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Ms. Nikita Kamble h/f Adv. Ansari  for the plaintiff is present and seeking time to file evidence affidavit. O- Last chance is granted.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for filing evidence affidavit /R.E.to 10.03.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-03-2026

Date: 10-03-2026
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.
Adjourned for filing evidence affidavit /R.E to 28.04.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-04-2026

Date: 28-04-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR C.R. No. 04
None present for the plaintiff.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
	Plaintiff and his advocate are absent when called repeatedly. It appears plaintiff is absent since long and failed to take appropriate steps in order to proceed. As plaintiff is not attending the Court it means he is not keenly interested to proceed. Suit is pending since 2019. It would not be appropriate to keep the suit pending unnecessary for years together. Thus, suit stands dismissed for want of prosecution and finally disposed off.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 28-04-2026

NOTICE OF MOTION/103457/2024
NOTICE OF MOTION/101703/2019

Registration Number: 101107/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 105055/2019
Filing Date: 23-04-2019
First Hearing Date: 26th April 2019
Decision Date: 28th April 2026
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE