Nitin Lakhbahi ParmarVsMCGM

Date: 04-05-2019
Business: (By preceipe)
Adv. Mr. Vijay Mishra for Plff present and tendered draft N/M alongwith affidavit.
O. - Leave is granted to register the N/M.
Adv. Mrs. Bhoir for MCGM/Deft present.
Officer Mr. Atul Kale, Jr. Engineer (Maintenance Dept.) N-Ward, MCGM present.
Order on ad-interim relief of draft N/M
Perused contents of plaint, documents annexed thereto and heard both sides.
The instant motion is for temporary injunction restraining the Deft/MCGM from demolishing the suit premises without allotting proper and suitable premises to the Plffs where they can instantly carry on/start their business till final disposal of the suit.  It is not in dispute that the Plffs are found eligible for permanent alternative accommodation.  Ld. Adv. for Deft/MCGM has pointed out that the Deft/MCGM has framed policy to grant compensation or permanent alternative accommodation to eligible persons.  She has shown letters issued by both Plffs to Deft/MCGM showing their willingness to accept compensation. Now, the Plffs are claiming that they want alternative accommodation.  Therefore they have changed their stand subsequently and therefore the Plffs are not entitled for ad-interim relief. However, the Deft/ MCGM shall ensure that the compensation is paid to the Plffs before taking any coercive action in respect of the suit premises.
Adjd to 26/6/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-05-2019

Date: 10-05-2019
Business: (By preceipe by Adv. for Deft/MCGM).
Adv. Mrs. Bhoir for MCGM/Deft present.
Plffs present and their Adv. absent.
Adv. for Deft/MCGM has filed reply to N/M. t.o.r.
Copy is received by Plff.
At the request of Adv. for Deft/MCGM, adjourned date is preponed.
Authenticated copy be given to the both parties.
Adjd to 3/6/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-06-2019

Date: 03-06-2019
Business: Adv. Mishra for plaintiff present.
Adv. Mrs. Deepali Patil along with Adv. Parshurami for MCGM Defendant present.
Mr. R. R. Jagtap, Sub Engineer N ward present.
Order
On 04.05.2019, ad-interim relief was refused but following order was passed -
The def./MCGM shall insure that the compensation is paid to the plaintiffs before taking any coercive action in respect of the suit premises.
  Today Ld. Adv for def. has, on instructions, submitted that the amount of Rs. 8,96,717/- is sanctioned and the same will be paid within a week if the plaintiffs co-operate by giving bank details.  He further submits that the public project is stalled due to above order of the Court.
      Ld. Adv. for plaintiff seeks time to file rejoinder to the reply of the Def.
  Considering the above submissions and fact that rainy season is fast approaching and if the order dtd. 04.05.2019 is continued, there may be water logging in the area, the above order is vacated.
 Ld. Adv. for plaintiff requests to extend the earlier order for a period of one week to approach Hon\''ble High Court.  Ld. Adv. for def. objects to the prayer.
    Considering the reasons given above it is not proper to extend the order particularly when ad-interim relief was not granted in favour of the plaintiff.  Hence, plaintiff\''s prayer is rejected.
Authenticated copies be given to the both parties.
Plaintiff is directed to register the NM on or before next date.
Adjd to 06.06.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2019

Date: 06-06-2019
Business: Adv. Parshurami with Adv. Khandagle for MCGM present.
Adv. V. B. Mishra for plaintiff present and filed rejoinder.  He also tendered registered NM No. 1977/19 with affidavit.
Copy served to other side.
On oral request of ld adv for def. MCGM, adjournment granted as a last chance.
Adjd to 10.06.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2019

Date: 10-06-2019
Business: Plaintiff no. 2 is present.  His advocate is absent.
Adv. Ms. Patil for MCGM Def. Present.
KB.
L.O. at 3.00 p.m. Adv. V. B. Mishra for plaintiff present.  On oral request of ld adv for plff, adjournment granted.
Adjd to 20.06.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: Adv. V. B. Mishra for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
On oral request of ld adv for plff, adjournment granted.
Adjd to 04.07.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: Plaintiff present, his advocate is absent.
Adv. Ms. Patil for MCGM/Defendant present.
On oral request of plaintiff, adjournment granted.
Adjd to 20.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: As P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Both plaintiffs are present.
Adv. Vijay Mishra for plaintiff present.
None for defendant/MCGM
Exh. 1 - Plaint
Exh. 2 - Vakalatnama.
Exh. 3 - Memo of Address.
Exh. 4 - List of documents.
Exh. 5 - Application u/s 151 if C.P.C. 1908 on behalf of plaintiff no. 1.
Copy be served to other side.
Exh. 6 - Application for cancellation of monetary compensation sanction letter from all BMC Sections. Constitutional right to not accept given amount and given PAP in substitute of my demolished in Nalanda BMC Market, Ghatkopar West.
Copy be served to other side.
Adjd to 04-11-2019  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: Plaintiff No. 2 is present.
Adv. V.B. Mishra  for plaintiff no. 1 is present.
Adv. Mrs. R.M. Hazare h/f Adv. Mrs. Patil for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Copy of Exh. 06 is served to the deft./MCGM.
Adjd to 08-11-2019  for N/M Hearing  and filing say to Exh. 5 and 6.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: (By precipe)(NOB TOB)
Plaintiff no. 2 is present
Adv. R. V. Mishra for plaintiff no. 1 present
Adv. Mrs. D.D. Patil for Deft/MCGM present.
Adjd to 11-11-2019 for NM Hearing / Say on Exh. 5 and 6.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Adv. V. B. Mishra   for plaintiff  No. 1 present.
Plaintiff no. 2 is present and tendered application t.o.r. and marked as Exh. 7
Adv. Mrs. D.D. Patil for Deft/MCGM present.
Adjd to 15-11-2019 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Plaintiff no. 2 is present.
Adv.  Vijay Mishra for plaintiff no. 1 present
Adv. Mrs. D.D. Patil for Deft  /MCGM present.
KB
LO
Adv. Mr. Parshurami for Deft/MCGM present and given hand written reply on the applications (Exh. 5 and 6)
Pawan R. Birewar (J.E. Maintenance) is present.
Adjd to 22-11-2019 for  Order on applications (Exh. 5 and 6)
Next Purpose: ORDER
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Business: plaintiff no. 2 present in person.
Today, plaintiff no. 2 is present in person and tendered pursis      (Exh. 8) for withdrawal of the suit. On oral inquiry , plaintiff no. 2 has reiterated the contents of the pursis that he wants to withdraw the suit due to financial difficulty. In view of the said withdrawal, the suit stand withdrawn by plaintiff no. 2. now, suit will be proceeded by plaintiff no. 1 only.
Authenticated copy be given to the plaintiff no. 2.
Already Adjd to  22-11-2019  for Order on applications (Exh. 5 and 6)
Next Purpose: ORDER
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: None for plaintiff no.1 present.
Adv. Mrs. Hajare for MCGM/Deft. present.
Order on below Exh.5
By instant application the plff has prayed to pass order directing the concerned officer of deft/MCGM to issue allotment and possession of alternate premises as per letter dtd. 30.03.2019.  Learned adv for plff has submitted that the officer of deft/MCGM is demanding withdrawal of the suit before making such allotment and plff is undertaking to withdraw the suit forthwith on receipt of allotment letter from deft/MCGM as per their letter dtd. 30.03.2019.  The deft/MCGM as given reply stating that the  plff will be alloted a commercial P.A.P. after following due procedure as per availability.  From the above averrments by either parties, it can be seen that deft/MCGM has not disputed that the plff is entitled for P.A.P.  But the deft/MCGM wants the plff the withdraw the instant suit before allotment.  In this regard it is stated that this court has not granted any injunction restraining deft/MCGM from issuing allotment letter of P.A.P. to the plff till date. In other words the apprehension by deft/MCGM about such injunction against it is without any basis.  With above clarification the deft/MCGM to decide issue of the plff in respect of the suit premises after following due procedure at the earliest.
Adjd to 13.02.2020 for NM hearing.
LO
Adv. Mr. Vijay Mishra for plff no.1 present.
Adv. Ms. Patil for MCGM/Defendant present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2020

Date: 13-02-2020
Business: Adv.V.P.Mishra for plaintiff present.
Adv.Parshurame a/w Adv.Ms. Patil for MCGM/Defendant present.
It is submitted by the Learned advocate for Defendant that the handingover of alternative accommodation of PAPs is in progress. It is undertaken by plaintiff as soon as the process completed plaintiff will withdrawal suit .
 Matter adjd to  09.04.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Business: Adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv. R. B. Mishra h/f Adv. V. B. Mishra for plaintiff present.
Adv. Ms. Smita Chavan for deft/MCGM present.
On oral request of advocate for plaintiff, adjournment granted till next date.
Matter adjd to 30/03/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: Adv. Mr. R. D. Mishra h/f Adv. V. B. Mishra for the plaintiff present and requests for time to argue on NM.
O-Time is granted till next date.
Adv. Tondwalkar h/f Adv. Rawade for BMC/defendant present.
Matter is adj. to 14/10/2021  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: As Court is busy in urgent ad-interim hearing and orders on ad-interim reliefs of CR NO.08 and 11, board is discharged.
Adjd. To 21/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: Adv. V.B. Mishra for plaintiff No.1 present.
Adv. Parshuram a/w adv. Rawade for MCGM present.
NM 1977/19 is not pressed by adv. for plaintiff and he has given endorsement on said NM, hence NM 1977/19 is disposed off as withdrawn.
Adv. For defendant /MCGM states that reply to NM is already filed by defendant be treated as W/S. O-Allowed.
Exh.9  W/S
Matter is adjd to 27/1/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-01-2022

Date: 27-01-2022
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 24/02/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: None for plaintiff.
Adv Mrs Rawade for defendant / MCGM present.
Adjd. to 29/03/2022 for draft issues.
L.O. at 12.05 p.m
MCGM Counsel Adv  Miss  Roma Naik for defendant  /MCGM present.
Already adjd. to 29/03/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: Plaintiff no.1 present his advocate absent.
Adv. Rawade h/f Adv. Chavan For defendant No.6/MCGM present.
KB.
Later On. At 12.20 p.m.
Adv. V. B. Mishra for plaintiff no.1 present.
Plaintiff no.1 is also present.
MCGM Counsel Adv. Vikrant Parshurame with Adv. Rawde for defendant/MCGM present.
Adv. for Plaintiff No.1 has given endorsement on plaint (Exh.1) regarding withdrawal of Suit.
         The plaintiff No.2 already withdrawn the Suit unconditionally on 19.11.2019. Since then plaintiff no.1 is continuing the Suit. Today plaintiff no.1 along-with his advocate present. The plaintiff no.1 made an endorsement on plaint that he do not want to proceed with the Suit as alternate accommodation provided by defendant. The plaintiff no.1 has admitted the contents of endorsement and his signature over withdrawal note on Exh.1.
    The defendant/MCGM have no objection as plaintiff no.1 is withdrawing the Suit unconditionally. Therefore, plaintiff no.1 is permitted to withdrawal the Suit. Considering this, I pass following order :-
ORDER
1. L. C. Suit No.1161 of 2019 is disposed of as withdrawn.
2. The pending application if any, also disposed off.
3. Proceeding is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 29-03-2022

NOTICE OF MOTION/101977/2019

Registration Number: 101161/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 105036/2019
Filing Date: 23-04-2019
First Hearing Date: 04th May 2019
Decision Date: 29th March 2022
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE