Date: 26-07-2018
Business: Resumed.
Adv. Ajay Dubey for plaintiff tendered draft NM with affidavit seeking ad-interim relief for restraining the defendant from creating the third party rights in respect of the suit stall. Leave to register is granted. Adv. Rawade h/f Adv. Chandramore for MCGM is present.
The matter pertains to D ward. Concern advocate Ms. Chandramore is absent. According to adv. Dubey the notice is served. Considering the absence of concern advocate the matter is adjourned to 27.08.2018.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-08-2018
Date: 27-08-2018
Business: Resumed.
PW No. 1 Mr. Krishnakumar is present. His advcoate is absent. .Adv. Ashutosh Kaushik along with Adv. Prakash Khati Def. no. 3 and Adv. Patil for MCGM are present.
Adv. Patil cross examined PW No. 1. Cross examination is deferred at her request till next date.
Adjd for further cross examination of PW No. 1 to 19.09.2018.
Next Purpose: NM ORDERS
Next Hearing Date: 30-08-2018
Date: 30-08-2018
Business: Resumed.
None for plaintiff. Adv. Dhumale h/f Adv. Patil for MCGM is present.
FRSR the following order is passed on NM No. 2879/2018.
ORDER
1. Notice of Motion No. 2879/2018 is dismissed.
2. The parties to bear their own costs of the motion.
Adjd for written statement to 25.10.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-10-2018
Date: 25-10-2018
Business: Resumed.
The P.O. is busy in dictating orders in NM in suit Nos. 2179/2017 and other sister suit. For want of time the board is discharged.
Adjd for written statement to 01.11.2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-11-2018
Date: 01-11-2018
Business: Resumed.
The P.O. is busy in hearing arguments in High Court Time Bound Suit no.1602/2011 and judgment of NM in Suit No. 417/2012 and recording evident in Sessions Case No. 577/2017 and 576/2017.
Adjd for written statements to 04.01.2019
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-01-2019
Date: 04-01-2019
Business: Resumed.
Adv. Ajay Dubey with plaintiff are present.
Adv. Ms. Patil for MCGM seeks time to file w.s. The plaintiff being senior citizen the matter is already expedited. In the interest of justice time is granted as last chance.
Adjd for written statement to 14.01.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-01-2019
Date: 14-01-2019
Business: Resumed.
Adv. Jitendra Mishra with plaintiff and Adv. Ms. Patil for MCGM are present.
In order to maintain proper record the following Exh. are marked.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Adv. Patil filed written statement.
Exh. 6 - Written statement.
Exh. 7 - Issues
Adjd for evidence of plaintiff to 25.01.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-01-2019
Date: 25-01-2019
Business: Resumed.
The P.O. is busy in dictating judgment in Suit No. 825/2012.
Adjd for evidence of plaintiff to 18.02.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-02-2019
Date: 18-02-2019
Business: Adv. Ajay Dubey for plaintiff present.
Adv. Smt. Patil for defendant no. /MCGM present.
The Ld. Adv. for the plaintiff he submits that some of the documents which are to be tendered as evidence are misplace and therefore, he could not file the affidavit of examination in chief. He seeks time to file the evidence of the plaintiff. The prayer of the plaintiff for time is allowed. Matter be posed for evidence.
Matter adjd. To 20.3.19 for Evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-03-2019
Date: 20-03-2019
Business: Adv.Dharmendra Mishra for plaintiff present.
Adv.Mrs.Patil for defendant/MCGM present.
KB
LO
Adv.Mr.Jitendra Mishra for plaintiff present and filed following documents t.o.r
Affidavit of evidence of plaintiff, Exh.8.
List of Exhibit, Exh.9
Matter adjd to 15.04.2019 for Cross-examination of plff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2019
Date: 15-04-2019
Business: Plaintiff present.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
Matter adjd to 28.06.2019 for R/E (P.H.)
LO
Adv.Mr.Jitendra Mishra h/f.Adv.Ajay Dubey for plaintiff present.
Matter adjd to 28.06.2019 for R/E (P.H.)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: Plaintiff and his Adv.absent.
Adv.Mr.Pradip Patil for defendant/MCGM present.
Matter adjd to 02.08.2019 for R/E/Order against Plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Plaintiff absent.
Adv.Mishra for plaintiff present.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
Say given by Adv.of MCGM..
Matter adjd to 04.09.2019 for Argument on Exh./R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2019
Date: 04-09-2019
Business: Adv. Ravindra Singh for plaintiff present.
Plaintiff absent. Adv. Shri Patil for defendantt MCGM present.Order passed on Exh. 9
Documents at sr. no. 1 to 9, 12 to 15 are exhibited. Any objections will be considered at final hearing. Copy of license. Receipt No. 710364766 dated 01.06.2017. Copy of Electric Bill dated May 2017. Show Cause Notice dated 31.05.2019 Copy of reply dated 09.06.2017.
Copy of Inspection report dated 30.05.2017.
Inspection report dated 12.06.2017. Impugned Order dated 15.06.2017
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: As Court is busy in hearing final argument in Suit No. 1819/2012 hence, board is discharged.
Matter adjd to 14/10/2019 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Plaintiff and Adv. Mr. Ravindra Singh present.
Adv. Mr. Patil for defendant/MCGM present.
K. B.
L. O. at 12.10 p.m.
Cross examination of PW No.1-Mr.Jahangir Darvesh Irani- is commenced and concluded by Adv. Mr. Patil for MCGM.
Matter adjd to 08/11/2019 for r/e.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-11-2019
Date: 08-11-2019
Business: As Court is busy in recording evidence, hearing arguments,
passing orders and misc. work hence, board is discharged.
Matter adjd to 29/11/2019 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-11-2019
Date: 29-11-2019
Business: As Court is busy in hearing arguments in Su.775/2012 with 668/2012, 548/2010, and misc. work hence, board is discharged.
Matter adjd to 08/01/2020 for r/e.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Adv. Jitendra Mishra for the plaintiff present.
KB
Adv. Ravindra singh filed pursis for closing evidence of plaintiff
Mater is adjd to 07/02/2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Plaintiff and advocate absent.
Adv. Mr. Suryavanshi for the defendant MCGM present and seeks time. Order- Granted time.
Matter is adjd to 16/03/2020 for r/e.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: As court is on leave.
Matter adjd to 12/06/2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Adv Ravindra Singh present for plaintiff.
Adv Suryawanshi present for MCGM/defendant.
Exh.24- Defendant /Corporation submitted affidavit of evidence of Vijay Gawade. Copy served to adv of plaintiff.
Exh.25- List of documents.
Matter adjourned for filing say on documents to 21.12.2020.
Next Purpose: FILING SAY
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: Adv Ravindra Singh present for plaintiff.
Adv Suryawanshi present for MCGM/defendant.
Adv of plaintiff gave objection on List of documents submitted by defendant at Exh.25.
Said documents be exhibited subject to objection from Exh.26 to Exh.32.
Exh.26- Copy of direction of the Asstt. Commissioner \''D\'' Ward dtd.29.05.2017.
Exh.27- Copy of Inspection Report dtd.30.05.2017.
Exh.28- Copy of Show Cause Notice dtd.31.05.2017.
Exh.29- Copy of 2nd Inspection Report dt.12.06.2017 and photographs.
Exh.30-Copy of cancellation of order dtd.15.06.2017.
Exh.31-Copy of intimation letter to the license holder dtd.15.06.2017.
Exh.32-Demolition Report made to Municipal Commissioner dt.19.06.2017 vide ACD/OD/165/Lic. And Photograf of Demolition dt.16.06.2017 and 09.01.2019.
Matter adjourned for RE to 08.01.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: Adv Ravindra Singh present for plaintiff.
Adv Suryawanshi present for MCGM/defendant.
DW-1 Vijay Janardan Gawade, BMC officer present for cross.
Adv of plaintiff is seeking adjournment.
Despite present of witness adv of plaintiff is not taking cross.
Hence as a last chance time is granted for cross subject to cost Rs.1500/- to witness for said delay.
Plaintiff to pay cost immediately or till next at 11.00 am.
Matter adjourned for cross examination to 22.01.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: As court is on Leave, Hence matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv Ravindra Singh present for plaintiff.
Adv Soraan present for MCGM/defendant.
DW-1 Vijay Janardan Gawade, BMC officer present for cross.
Cross of DW-1 is continued below Exh.24 and partly recorded.
Matter adjourned for further cross to 15.02.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv Singh (hf) present for plaintiff.
Adv Soraan present for MCGM/defendant.
DW-1 Vijay Janardan Gawade present and his cross partly recorded below exh.24 continued.
Adv of plaintiff sought adjournment for further cross. granted subject to cost of Rs.500/- to the witness.
Matter adjourned for further cross to 03.03.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv Ravindra Singh present for plaintiff.
Adv Soraan/Nandanwar present for MCGM/defendant.
DW-1 present.
Cross-Examination of DW-1 is completed at Exh.24 continued.
Defendant submitted list at Exh.33 alongwith documents Exh.34.
Adv of MCGM submitted evidence closing pursis at Exh.35.
Matter adjourned for arguments to 15.03.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv. Ravindra Singh present for plaintiff.
Adv. Soraan present for MCGM/defendant.
Adv of plaintiff sought adjournment.
Plaintiff to avoid delay in arguments.
Matter adjourned for arguments to 19.03.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: PO is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Plaintiff present.
Adv. Ravindra Singh present for plaintiff.
Adv. Soraan present for MCGM/defendant.
Adv of plaintiff submitted draft NM alongwith affidavit stating that his one application filed twice before concerned authority of MCGM is pending and directions be given to said authority to decide said application of plaintiff. Leave granted to register NM.
Adv of BMC submitted reply on reverseside of draft NM.
Order passed below Draft NM-
1.Plaintiff submitted draft NM today alongwith affidavit. Ld. Counsels on behalf of MCGM submitted say by stating that suit structure is already demolished alongwith 3-4 structures due to infrigement of license condition and nothing survives.
2. I have heard both the Ld. Counsels. In this NM Ld. Counsel of plaintiff requested that plaintiff has filed application Exh.19 and Exh.21 alongwith documents which is pending before the MCGM. He further requested that directions be given to MCGM that they should give hearing to plaintiff and to decide said applications dated 07.07.2017 and 24.01.2018 by following due procedure within stipulated period. Adv. of BMC opposed NM but submitted that if court directs then MCGM will surely follow directions of the court.
3. Considering peculiar facts and circumstances of the suit and this NM in the interest of justice I proceed to pass following order-
I. This draft NM stands disposed of on following grounds as prayed.
II. Within one month from today plaintiff shall produce additional documents if any if he desires before the concerned officer of MCGM.
III. Thereafter within two months from today the concerned officer shall gave hearing to plaintiff or his advocate and thereafter decide said applications on their own merits.
IV. If MCGM passes adverse order against plaintiff then they will given 15 days time to plaintiff to approach the court/any other forum as per law.
V. By consent main suit also stands disposed off with liberty to file fresh suit on the basis of proposed order of MCGM.
VI. Authenticated copy of roznama be given parties, if requested.
Nature Of Disposal: OTHER
Disposal Date: 26-03-2021
