Date: 10-06-2019
Business: Adv. Dharmesh Joshi for Plaintiff present.
Adv. Ms. Patil for Defendant/BMC present.
Adv. A.B. Dubey for applicant present.
Applicant is directed to serve copy of affidavit along with Ch/s to the plaintiff forthwith.
Plff is directed to register the suit on or before next date.
On oral request of ld adv for plff, adjournment granted as a last chance.
Adjd. to 25.06.2019 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 25-06-2019
Date: 25-06-2019
Business: None for plaintiff.
Adv. Ms. Patil for MCGM/Defendant present.
Adv. A. B. Dubey for applicant present.
Plaintiff and his ld. Advocate are absent when called at 2.55 p.m. Last chance was granted on previous date to file ch/s reply. Despite that the plaintiff has not turned up or filed reply. Hence Ch/s will be heard without reply of plaintiff.
Kept back.
L.O. at 3.50 p.m. Adv. Dharmesh Joshi for plaintiff present and tendered registered NM No. 2162/19 with affidavit.
On oral request of ld adv for plff, order of no reply passed today is set aside and affidavit in reply is taken on record.
Heard arguments of Adv. for plaintiff and Adv. for applicant on Ch/s.
Ld. adv. for plaintiff makes oral statement that regularization proposal is still pending.
Adjd to 06.07.2019 for Ch/s orders.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-07-2019
Date: 06-07-2019
Business: As P.O. is on leave, hence board is discharged.
Adjd to 16.07.2019 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Court is on leave today hence, Board is discharged.
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-08-2019
Date: 03-08-2019
Business: Court is on leave. Hence, matter is adjd. to next date.
Next Purpose: CH/S ORDERS
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: CH/S ORDERS
Next Hearing Date: 05-09-2019
Date: 05-09-2019
Business: As Court is on leave today, board is discharged. Matter is adjd. to 13-09-2019 for CH/s Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 13-09-2019
Date: 13-09-2019
Business: Adv. Mr. Joshi for plaintiff present.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
Adv. Dubey for applicant.
K.B./L.O. at 3.35 p.m.
Court is busy in hearing on ad-interim reliefs in fresh suits and N/M in old suit no. 387/14
Adjd to 30.09.2019 for Ch/sum order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Adv. Paranjpe for plaintiff present.
Adv. Mrs. R.M. Hazare h/f Adv. Mr. S.C. Khandagale for Deft /MCGM present.
Adv. A.B. Dubey for Applicant is present.
KB
LO
Order on C/S No. - 865/19 -
Instant C/S is taken out by the applicant claiming that, the deft./MCGM initiated action under MRTP Act against the plaintiffs at the instance of his complaint and persuasion to it\''s officers. It is also contended that in the plaint name of the applicant has been mention and the plaintiffs have attributed mala fide intention of the applicant for the said action and therefore he is necessary party. The plaintiff have objected the C/S by filing affidavit in reply. After going through the plaint and prayers therein, the plaintiff are challenging action of a local authority viz. Deft./MCGM of issuing notice u/s 53(1) of MRTP Act and the allegation are that the said authority acted mala fide and /or did not follow due process of law. From the plaint as a whole, the prayers and allegations are against deft./MCGM and not the intention of the applicant hearing. The scope of the suit is restricted to the impugned notices u/s 53(1) of MRTP Act. The deft./MCGM can bring the applicant as witness if it so desires. Only because the action was initiated at the instance of the applicant, his presence as defendant is not necessary for the determination of the real matter in dispute. Hence, C/S is rejected.
Nature Of Disposal: OTHER
Disposal Date: 30-09-2019
