Priyanka Mahila MandalVsMCGM

Date: 02-11-2020
Business: NOB TOB (By Precipe)
Adv. Mr. N. B. Shukla with Adv. J. S. Yadav for plaintiff present
and tendered draft NM
alongwith affidavit in support of draft NM. TOR. Leave is
granted to register draft NM.
Adv. Khandagale for Deft/MCGM present and tendered affidavit
of documents. TOR, marked as Exh.2. Copy is served to other
side.
He also tendered another list of documents. TOR, marked as
Exh.3. Copy is served to other side.
Mr. Zishan Sayed, Junior Engineer, Maintenance Dept, M/East
Ward, MCGM present.
Heard both sides at length on Ad-interim injunction.
Mr. Zishan Sayed, Junior Engineer, submitted that the corporation will follow due process of law regarding suit structure.
Adv. Khandagale submitted that plaintiff have come with per-mature stage. Adv. Khandagale for deft/ MCGM have objection of any interim relief.  Both parties are ready to follow due process of law regarding the suit structure. Therefore, I pass the following order.
Order on draft N/M -
1.     The deft/Corporation is hereby directed to follow due process of law regarding any action against suit structure.
2.     If any adverse order goes against plaintiff, two weeks protection granted to plaintiff to challenge adverse order from the date of communication of order to the plaintiff.
3.     Draft Notice of Motion is disposed off accordingly.
Draft Notice of Motion be registered for statistical purpose.
Authenticated copies be given to the both parties.
Matter adjd to 20/01/2021 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: NOB TOB (By Precipe)
Adv. J. S. Yadav for plaintiff present and and tendered draft NM  and draft Ch/s along-with affidavit in support. TOR. Leave is granted to register the NM and Ch/s, returnable on next date.
Copies are served to other side.
Adv. Khandagle for deft/MCGM present and requests for time to file affidavit cum reply and documents.
Adv. for plaintiff tendered original registered (disposed off) NM No.1591/2020 alongwith affidavit in support. TOR.
Parties are directed to maintain status-quo regarding Suit premises till filing reply by deft/Corporation.
Authenticated copies be given to the both parties.
Matter is adjd to 22/02/2021 for filing Reply to NM and Ch/s /Ad-interim Hearing.
Next Purpose: HEARING
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv. J. S. Yadav for plaintiff present and tendered original registered NM No.347/2021 along-with affidavit in support. TOR.
Adv. for plaintiff also tendered original registered Ch/s No.267/2021 along-with affidavit in support. TOR.
Adv. Khandagale for deft/MCGM present and tendered reply to NM No.347/2021. Copy is served to other side.
Adv. for deft/MCGM also tendered list of documents, TOR and marked at Exh.4.Copy is served to other side.
Officer Mr. Zishan Sayed, Junior Engineer (Maintenance), M/East Ward, MCGM, present.
Earlier order, if any, to continue till next date.
Matter adjd to 09/04/2021 for Hearing on Ad-interim relief.
Next Purpose: HEARING
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Adv. Mr. J. S. Yadav for plaintiff present.
Adv. Khandagale for deft/MCGM present and requests for time to file reply to Ch/s. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 11/06/2021 for Ch/s Reply and Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: None for plaintiff.
Adv Tondwalkar for defendant / MCGM present.
Mr Sayyed, Jr. Engineer, Maintenance, M/East Ward, MCGM, present.
Adjd. To 23/07/2021 for ch/s reply / ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: None for Plaintiffs.
Adv. Mrs. Tondwalkar for Defendants/MCGM is present.
Mr. Zishan Sayed, Jr. Engg.(Maint) M/East Ward, MCGM is present.
K.B. L.O.
Same appearance.
The Advocate of the Defendant submitted that this Court directed both the parties to maintain status quo regarding Suit premises. Therefore, since last two dates, Plaintiffs as well as their advocates remain absent. The advocate for the Defendant submitted that,   the protection was given to the Plaintiffs therefore he is not interested to argue N/m finally. Considering the fact Defendant shown urgency in the matter. Plaintiffs is directed to remain present next date and argue on N/m. The Plaintiff further directed to supply copy of Ch/s. to Defendants. On the next date, if Plaintiffs failed to argue on N/m., Defendant will be heard. Hence, comply accordingly.
Matter is adjd. to 09/08/2021 for N/m hearing/Ch/s. reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Adv Miss Remedious h/f Adv J.S. Yadav for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and has given say on Ch/s No.267/21 itself.
Mr Zishan Sayed, Jr. Engineer (B and F), M/East Ward, MCGM present.
Adjd. To 13/08/2021 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Adv Ravindra Singh h/f Adv J.S. Yadav for plaintiff present and tendered copy of Ch/s No.267/2021 on defendants / MCGM.
Adv for defendant / MCGM has already given say on Ch/s No.267/2021.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv for plaintiff seeks  short date to argue on Ch/s and NM.
Time is granted as a last chance.
Mr. Zishan Sayed, Jr. Engineer, (B and F), M/East Ward, MCGM present.
Adjd. To 20/08/2021 for hearing on ch/s and NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: Adv. Yadav for plaintiff present and submitted that advocate Mr. B. P. Shukla is not available today to argue the matter. Hence, request for time. O-Time is granted till next date.
Adv. Tondwalkar for BMC/defendant present
Earlier order, if any, to continue till next date.
Matter is adj. to 23/08/2021 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: CORAM - H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. NO.08)
Adv J.S. Yadav for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 27/08/2021 for NM and Ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: CORAM  H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. NO.08)
Adv. Mr. J.S. Yadav for Plaintiff is present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. to 30/08/2021 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Adv J.S. Yadav for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Heard both sides on Ch/s No.267/2021.
            Advocate for the plaintiff submitted that during pendency of the Suit, defendant / MCGM have issued similar notice dated 19.01.2021. Plaintiff has replied the said notice. This fact needs to be brought on record by way of amendment. This is a further development after filing of Suit, hence prayed for allowing the application.
    Advocate of the defendant / MCGM submitted that application is not maintainable, there is a delay in filing application, hence prayed for rejection of application.
          There is a application, say, heard both sides at length. It is a matter of record that defendant / MCGM issued notice after filing of Suit. Plaintiff wants to incorporate contents about notice and reply, therefore, in my opinion, it is a just ground to grant application. For final adjudication of the matter, application needs to be allowed. Considering that I pass following order -
ORDER
1. Application (Ch/s No.267/2021) is allowed.
2. Ch/s No.267/2021 stands disposed off accordingly.
Plaintiff is directed to carry out the amendments till next date.
Earlier order, if any, to continue till next date.
Adjd. To 03/09/2021 for Compliance / NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Adv Yadav for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Amendment is carried out by plaintiff in the plaint.
Copy of amended plaint is served to the advocate for defendant / MCGM
Earlier order, if any, to continue till next date.
Adjd. To 06/09/2021 at 1.00 p.m. for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Adv J.S. Yadav for plaintiff present and tendered list of documents, t.o.r. and marked as Exh.5.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Heard Adv for plaintiff in NM No.347/2021.
Heard partly argument of Adv for defendant / MCGM in NM No.347/2021.
K.B.
L.O. at 4.20 p.m.
Adv J.S. Yadav for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Heard further argument in NM No.347/2021 by Ld Adv for defendant / MCGM.
Earlier order, if any, to continue till next date.
Adjd. To 07/09/2021 for order on NM NO.347/2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Adv J.S. Yadav for plaintiff present
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 08/09/2021 for order on NM NO.347/2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: None for plaintiff.
Adv. Smita Chavan h/f Adv Mrs. Tondwalkar for Defendant/MCGM is present.
ORDER ON NM NO.347/2021
1.            Plaintiff has taken out this Notice of Motion NO.347/2021 and prayed that defendant be restrained from taking forceable possession of the Suit premises, in pursuance of notice dated 19.10.2020. The plaintiff alleged that they came in possession of acquired the Suit premises as a lessee from defendant by agreement dated 18.02.2002. Plaintiff has paid requisite charges of Rent till 2015. The plaintiff is ready and willing to pay the necessary charges, but defendants are not accepting the rent without any reason. In the year 2016, plaintiff make representation and requested defendants to renew the agreement to that effect plaintiff issued several letters but all goes in vain. Plaintiff is running Gymkhana in a Suit premises, it has taken Electricity Connection for the Suit premises. Recently on the complaint of person, defendant trying to illegally dispossess the plaintiff from the Suit premises. It is alleged by the plaintiff that the alleged at of defendant is illegal, arbitrary. The notice issued dated 19.01.2021 by Assistant Commissioner, M/West Ward is illegal, bad in law, malafied, unenforceable, hence plaintiff prayed for grant of injunction against the defendant from taking possession of the Suit premises from plaintiff.
2.       The defendant appeared in the matter and registered application by filing affidavit in reply by Shri Zishan Ali Y. Sayyed. Defendant alleged that the Suit premises is owned by the defendant and they have executed the leave and license agreement in favour of plaintiff for conducting Gym for the period of 12 months, commencing from 01.03.2015 to 28.02.2016. The terms and conditions in leave and license agreement is binding on plaintiff. In DP Plan 2034, Suit premises is reserved for Municipal Hospital, as there is no primary help center in Ward NO.134. There is a inconvenience to public about health facility, therefore, defendant has not renewed the license agreement with plaintiff. Therefore, plaintiff is permitted to use Suit premises upto 28.02.2016. By issuing letter dated 19.02.2021, defendant rightly revoked the leave and license agreement dated 31.08.2015, therefore plaintiff is not entitle for  the relief prayed.
3.             On going through the pleading of the parties and on hearing both sides, following points arose for my determination along-with my findings thereon, for the reasons mentioned below.

Sr. No.
POINTS
FINDINGS
1.
Whether plaintiffs have made out prima-facie case for grant of injunction
No
2.
Whether balance of convenience lies in favour of plaintiffs
No
3.
Whether plaintiffs will suffer irreparable loss, if injunction is refused
No
4.
What order
As per final order.
REASONS :
AS TO POINTS NOS.1 TO 3
4.            The advocate for the plaintiff submitted that plaintiff came in the possession of the Suit property by leave and license agreement dated 18.02.2002. Plaintiff is continuously running the Gym in the Suit premises. The termination notice is not issued by proper person and on valid ground. There is no specific notice is issued for the revocation and cancellation of agreement dated 18.02.2002, therefore, agreement is still valid. Plaintiff has not violated any terms and conditions of agreement dated 18.02.2002. The advocate for the plaintiff relied on a decision in a case of Mahendra Builders Vs Brihan Mumbai Municipal Corporation, Greater Mumbai, in Notice of Motion No.1115/2005 in Suit No.3553/2004 with Notice of Motion No.1320/2013. Therein the Hon\''ble High Court held that -
23. I believe it is settled law that in any tenancy or lease, possession can be regained or resumed by the lessor or landlord only in a way know t the law, i.e. either by an appropriate order of eviction and delivery of possession, or by a surrender of the tenancy or lease. Merely marching in is not a known mode of resumption of possession. The reason for this is plain. A lessee is not on the same footing as, say, a trespasser. A lessee\''s possession position is from the inception juridical, i.e. such as the law recognizes. A tenant or a lessee may be \''holding over\''. The concept of a tenant or lessee holding over is also well know to law.
5.          The advocate for the plaintiff submitted that the Suit premises is not convenient to run primary health center. Other properties in a same locality, is available to the defendant to set-up hospital, but with malafied intention defendant wants to dispossess the plaintiff from the Suit property.
6.           The advocate for the plaintiff submitted that in DP Plan 2034, the Suit location is reserved for Municipal hospital and remarked RH 1.2. There is no single primary health center in Ward No.134, therefore, defendant did not renew the leave and license agreement with plaintiff. In support of this contention, defendant filed on that all, extract of RH 1.2 of DP 2034 pertainant to Suit property. Intimation of revocation letter, the advocate for the defendant submitted that in leave and license agreement, it is clearly mentioned in Clause No.14,15, 32, 36 and 37 that, plaintiff shall hand-over possession of the Suit premises after the expiry of license period. Also stated that plaintiff will not plaint any right, title and interest in the Suit premises.
7.               Having heard both sides and on perusal of the record, it shows that, plaintiff is a licensee in Suit premises.  It was renewed on year to year basis. The last renewal period is from 01.03.2015 to 28.02.2016, for the period of 12 months. Defendant has filed on record extract of RH 1.2 of DP Plan 2034. Therein it is clearly mentioned that Suit was reserved for Municipal Hospital. Defendant has stated that there is no single primary health center in Ward No.134. To counter this argument advocate for plaintiff stated that two hospitals are exists in the same locality, he has filed photographs of its. The advocate for defendant stated that these two hospitals are private hospitals. There is no Government Hospital in the said locality. The advocate for plaintiff stated that Suit premises is not enough to run hospital, but it is defendant / MCGM to decide where to start a primary health center. Plaintiff is licensee, therefore he could not state that whether Suit premises is enough or sufficient to run the hospital. Defendant brought on record that Suit premises is reserved for setting up primary health center, therefore from 2016, they have not renewed the license agreement with plaintiff to run Gymkhana. Plaintiff is in possession of the Suit premises as a licensee and his period renewed from time to time for 12 months. So, after completion of 12 months, plaintiff could not show his right, title, interest in Suit property. Defendant had not renewed the license agreement with plaintiff and issued notice dated 19.01.2021, to revoke the leave and license agreement. Therefore, in my opinion, after completion of leave and license period and after revocation of agreement with plaintiff is not entitled to remain on Suit property. When defendant come of with the case that they revoked leave and license agreement, in pursuance to the provision of the agreement. It is no there mentioned in the agreement that defendant has to renewed agreement with the plaintiff, there is no binding clause in the agreement. Therefore, the action initiated by defendant for seeking the Suit premises is legal and valid. Therefore in my opinion, plaintiff failed to bring on record prima-facie case in his favour. The balance of convenience also not lies with the plaintiff. I also come to the conclusion that if injunction is refused, plaintiff will suffer irreparable loss, hence I answered point no.1 to 3 in negative and pass following order -
ORDER
1. Notice of Motion No.347/2021 in terms of prayer clause (a) is rejected.
2. Notice of Motion No.347/2021 in Suit No.1197/2020 stands disposed of accordingly.
Authenticated copy of Roznama be given to both the parties.
Adjd. To 10/11/2021 for written statement.
L.O. at 3.00 p.m.
Adv Shukla for the plaintiff present and filed application to continue the protection given to him as he wants to prefer an appeal before Honble High Court.
Adv for defendant / MCGM strongly opposed the application.
Perused application and say. Heard both sides.
In the interest of justice, protection given to the plaintiff be continued for two weeks till date execution and operation of this order be stayed for two weeks from today.
Adjd. To 10/11/2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: NOB-TOB (BY PRECEIPE)
Adv Yadav h/f Adv B.P. Shukla for plaintiff present and  tendered application for extension of earlier order. TOR and marked as Exh.6.
O- Other side to say.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and has given say on Exh.6  itself.
Heard both sides on Exh.6.
ORDER BELOW EXH.6
        Perused application and say filed by the advocate for defendant / MCGM.
            Heard both advocate at length.
           It is a matter of record that after rejection of NM of plaintiff, two weeks protection was given to  him to challenge the said order. The advocate for plaintiff submitted that he has challenged the order passed in NM NO.347/2021. Hence prayed for one weeks time be extended. The advocate for defendant / MCGM strongly opposed granting stay to the order passed dated 08.09.2021.
Considering the facts, plaintiff has challenged the order passed in NM NO.347/2021, one week protection is given to the plaintiff till next date i.e. 29.09.2021. Execution and operation of the order dated 08.09.2021 be stayed till next date i.e. 29.09.2021.
Authenticated copy of Roznama be given to both the parties.
Already adjd. To 10/11/2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file W/s
Time is granted till next date.
Adjd. To 12/01/2022 for W/s.....
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-01-2022

Date: 12-01-2022
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.
Adjd. to 11/03/2022 for W/s .
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present and tendered pursis to adopt the reply to NM as W/s. Said pursis is TOR and marked as Exh.7.
ORDER ON EXH.7- Allowed.
Exh.8 W/s.
Adjd. To 27/04/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: None for Plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Adjd. To 15/07/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: Adv. Yadav for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Draft issues not tendered by both the parties.
Hence, K.B. for framing issues.
L.O.
Exh. 9 - Issues are framed.
Adjd. to 05/09/2022 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Adv. Ms. Dubey h/f. Adv. Mr. Yadav for plaintiff present and requests time to file evidence-Granted.
Adv. Mrs. Rawade h/f. Adv. Mrs. Tondwalkar for D/BMC present
Adjd. to 28/9/2022 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: Adv. Yadav h/f Adv. J. S. Yadav for plaintiff present and requested time to file evidence. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 05/12/2022 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: Adv. J. S. Yadav for plaintiff present and requested time to file evidence. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 08/02/2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: Adv. Sunita Dube h.f. Adv. J.S. Yadav for plaintiff present and requested time to file evidence. Hence, adjourned on request.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Adjd. to 17/03/2023  for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: Adv Sunita Dubey h/f Adv J.S. Yadav for plaintiff requested time to file evidence. O-Time granted.
Adv. Mhatre h/f Mr. Suryavanshi for defendant/ BMC is present.
Adjd. to 10-07-2023 for filing plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-07-2023

Date: 10-07-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
None present for plaintiff. Hence, matter kept for dismissal of suit.
Adjd to 30.08.20223 for dismissal of suit.
Next Purpose: DISMISSAL
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: Advocate J.S. Yadav for plaintiff present and requested for short date as Appeal From Order is pending against order rejecting NM. However reason is not justifiable. However on his request matter adjourned and kept for evidence / dismissal of suit.
Advocate Suryavanshi for defendant/BMC present.
Adjd to  06.10.2023      for Evidence / dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: Advocate Sunita Dubey h/f Yadav for plaintiff present and requested to keep back as plaintiff is filing evidence affidavit. Hence kept back.
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
keep back
L.O. 1.15 p.m.
PW-1 present
Adv Sunita Dubey for plaintiff tendered affidavit of evidence.  of PW-1 TOR marked as Exh. 10.
Adjd  to 07.11.2023 for  Cross-examination of PW-1/RE.PH.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: Advocate J.S. Yadav for plaintiff present and requested to keep back. Hence kept back.
PW-1 present.
Advocate Mhatre for defendant/BMC present.
keep back
later on 12.10
Adv.  for plaintiff tendered application for production marked as Exh. 11. O- other side to say.
Adv for deft /BMC has given say on Exh. 11 overleaf.
Order on Exh. 11- Application allowed.
In view of above order, compilation of documents TOR and marked as Exh. 12 , copy is supplied to other side. O- Other side to admit or deny
Adjd  to  12.01.2024    for Admission denial
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: Advocate J. S. Yadav for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and has given say on Exh. 12 overleaf.
Adjd  to  23.02.2024   for Hearing on Exh. 12
Next Purpose: HEARING
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: Advocate Vidyadhar Patel h/f J. S. Yadav for plaintiff present and submitted that Yadav is not feeling well and requested time. Hence matter adjourned.
Advocate  Suryavanshi for defendant/BMC present.
Adjd  to  15.03.2024  for Hearing on Exh. 12/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-03-2024

Date: 15-03-2024
Business: Advocate Sagar Chaurasia h/f J.S.Yadav for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present.
Adjd  to 14.06.2024     for hearing on Exh. 12
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: None present for plaintiff
Advocate  Botlawar  for defendant/BMC present.
Heard Adv for the deft/BMC on Exh. 12. None present for plaintiff hence matter adjourned for order as to admissibility of document.
Witness absent.
Adjd  to 22.07.2024 for order on Admissibility of document on Exh. 12
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-07-2024

Date: 22-07-2024
Business: None present for plaintiff
Advocate  Botlawar  for defendant/BMC present.
Order on Exh. 12
1.    The plaintiff has filed  documents alongwith evidence affidavit vide list Exh. 12.
Document at sr. No. 1 is the zerox copy of certificate of registration of plaintiff society under the Bombay Public Trust Act 1950. The plaintiff has not laid down foundation for leading secondary evidence. Hence said document is not admissible in evidence.
Document at sr. No. 2 is the Agreement dated 18.02.2002 between plaintiff and second deft/BMC. Hence it be exhibited.
Document at sr. No. 3, 4 are the payment receipt and Electricity bills, hence  receipt and original Electricity bills  be exhibited.
Document at sr. No. 5 is the acknowledgment of letter dated 28.12.2015 by BMC, hence it be exhibited.
Document at sr. No. 6 original payment receipt  issued by BMC, hence it be exhibited.
Document at sr. No. 7 acknowledgment of letter by deft/BMC, hence it be exhibited.
Document at sr. No. 8 is the letter by Assistant Commissioner, M West Ward to the plaintiff society, hence it be exhibited.
Document at sr. No. 9 is the reply by the plaintiff through Adv to letter dated 19.10.2020 issued by BMC, hence it be exhibited.
Document at sr. No. 10 photocopy of the notice issued by deft/BMC to the plaintiff. Plaintiff has not laid down foundation for leading secondary evidence,  Hence said document is not admissible in evidence.
Document at sr. No.11 and 12 are the list of names and Mobile numbers, hence it can not be exhibited as same is not duly proved by plaintiff.
Document at sr. No.13 photographs of the Hospital. Plaintiff has not produced 65 (B) certificate. Hence photocopy of photograph is not admissible in evidence.
Document at sr. No.14 reply by the plaintiff to the Show Cause notice through his advocate with acknowledgment of deft/BMC, hence it be exhibited serially.
Exh. 13    Agreement dated 18.02.2022
Exh. 14 (Colly)  Payment Receipt of 2008
Exh. 15 ( Colly)  Electricity Bill
Exh. 16  Letter dated 28.12.2015 .
Exh. 17  Payment receipts  of 2015 issued by defendants
Exh. 18 Letter dated 02.04.2016, 03.10.2016, 10.04.2017, 06.09.2017, 20.03.2018, 18.09.2018, 05.01.2019, 27.01.2020 and 08.09.2020
Exh. 19  Notice dated 19.10.2020
Exh. 20  Reply dated 27.10.2020
Exh. 21  Reply dated 29.01.2021.
Adjd  to 04.09.2024 for Cross-examination fo PW-1/R.E.P.H
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: PW-1 present.
Advocate B. P. Shukla h/f J. S. Yadav for plaintiff present.
Advocate Honmane h/f Botlawar for defendant/BMC present
cross-examination of PW-1 by Adv for deft/BMC is partly recorded and deferred till next date
Adjd  to  09.10.2024 for further cross-examination of PW-1/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate J.S. Yadav h/f Shukla for plaintiff present and requested for short date, hence matter adjourned as a last chance.
Advocate Botlawar for defendant/BMC present.
PW-1 absent.
Adjd  to  04.11.2024    for further cross examination of
 PW-1/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-11-2024

Date: 04-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
PW-1 absent.
Advocate J. S. Yadav for plaintiff present and submitted that due to personal difficulty witness is not present. However in the interest of justice one more last chance is granted.
Advocate Sujata Puri for defendant/BMC present.
Adjd  to  18.11.2024      for further cross examination of PW-1/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-11-2024

Date: 18-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Sunita Dubey for plaintiff present.
Advocate Sujata Puri for defendant/BMC present.
keep back
Later on 3.30 p.m
PW-1 present
Rest of the same appearance.
Cross-examination of PW- 1 by Adv for deft/BMC is recorded and concluded.
Exh. 22  Agreement dated 31.08.2015
Adv for plaintiff requested next date for filing evidence close pursis. Hence matter adjourned.
Adjd  to  04.12.2024  for closing evidence pursis/ RE.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-12-2024

Date: 04-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate J.S. Yadav for plaintiff present.
Advocate   Honmane  for defendant/BMC present.
Exh. 23 evidence close pursis filed by adv for plaintiff
Adjd  to 08.01.2025    for evidence of deft/BMC/R.E.P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-01-2025

Date: 08-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Abhishek Shukla h/f Adv. Mr. J.S. Yadav  for the plaintiff is present. Adv. Ms. Sangita Honmane h/f Adv. Ms. Sujata Puri for defendant/MCGM is present and sought time to lead evidence. Time is granted shortly.
Adjourned for R.E.P.H. to 22.01.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-01-2025

Date: 22-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. J.S.Yadav for the plaintiff is present. Adv. Ms. Sujata Puri for defendant/MCGM is present and sought time to lead evidence. Time is granted strictly as a last chance.
Adjourned for RE.P.H.to 07.02.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-02-2025

Date: 07-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. J.S. Yadav for the plaintiff is present. Adv. Ms. Sujata Puri for defendant/MCGM is present. On her say, the matter is kept back.
Later on at 1.00 pm
The appearance is as above.  Advocate for the defendant filed affidavit of evidence of DW-1.Taken on record. It is marked as Exhibit 24. O- Read and Recorded. She also filed list of documents. Taken on record. It is marked as Exhibit 25. O- Other side to say. Copy is supplied to other side. DW-1  Sachin H. Rotkar is resumed on S. A. and his cross-examination is deferred till next date.
Adjourned for admission denial/R.E.P.H.to 10.03.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-03-2025

Date: 10-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Sunita Dubey h/f Adv. Mr. J.S. Yadav for the plaintiff is present. She endorsed say on list of documents (Exhibit 25).  She sought time for consideration. Time is granted. Adv. Ms. Sujata Puri for defendant/MCGM is present.
Adjourned for consideration /R.E.P.H. to 21.04.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-04-2025

Date: 21-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Ravindra Singh h/f Adv. Mr. J.S. Yadav for the plaintiff is present  and sought time for consideration. Time is granted.
Adv. Ms. Sujata Puri for defendant/MCGM is present.
Adjourned for consideration/R.E.P.H. to 25.07.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-07-2025

Date: 25-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. J.S. Yadav  for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
DW- 1-  Mr. Rotkar Sachin Hareshwar, J/E, for MCGM M-East ward for MCGM is present.
Heard both sides on Exhibition of documents.
Order Below Exhibit 25.
01.	I have gone through evidence affidavit of DW-1 along with documents tendered on record.
Document at sr. No. 1 photocopy of leave and license Agreement dtd 31.08.2015. today DW-1 has brought original leave and license agreement before the Court. The photocopy is verified with original. He is ready to bring the original at the time of his cross examination for the inspection of the plaintiff. In view of this said photocopy is verified and thus found duly executed. In the event it is marked as Exhibit 26 and read in to evidence.
Document at sr. No. 2 is verified copy of letter dtd 15.01.2021. it be marked as Exhibit 27.
Document at sr. No. 3 is copy of RH1-2. It being photocopy can not be executed and read in to evidence
Document at sr. No.  4 is verified copy of letter dtd 19.01.2021 addressed to the plaintiff. The receipt of said letter denied by the plaintiff. i.e. matter of adjudication. By leaving open on such adjudication, the photocopy of letter be marked as Exhibit 28 and read in to evidence.
Both parties to take note of this Order
DW-1 to bring all original documents before Court at the time of his cross examination for Reference and  inspection of the plaintiff.
Adjourned for cross examination of DW-1/RE.P.H. to 04.08.2025
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-08-2025

Date: 04-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. J.S. Yadav for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
DW-1 is present.
DW-1  Sachin H. Rotkar is resumed on SA
Cross examination of DW-1 by Adv for plaintiff is recorded and concluded.
Adjourned for further evidence of defendant/MCGM to 20.08.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-08-2025

Date: 20-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Ms. Sunita Dubey h/f Adv. J.S. Yadav for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for further evidence of defendant/MCGM.to 12.09.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-09-2025

Date: 12-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. J.S. Yadav for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Mr. Rotkar Sachin Hareshwar, J/E, M- East Ward for MCGM is present. He filed list of documents along-with affidavit U/s. 65 (B) of Indian Evidence Act.  The list is marked as Exhibit 29
O- Other side to say. Copy is supplied to other side.
Ld. Adv for plaintiff marked his reply over Exhibit 29.
Adjourned for Hearing on Exhibit 29/RE.P.H.
to 29.09.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-09-2025

Date: 29-09-2025
Business: Adv. Mr. J.S. Yadav for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and requested for adjournment as Officer is not present.
Adjourned for Hearing on Exhibit 29/RE.P.H.to 17.10.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-10-2025

Date: 17-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and requested time to file evidence affidavit.
Adjourned for Hearing on Exhibit 29/further evidence of defendant/R.E.to 17.11.2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-11-2025

Date: 17-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. J.S. Yadav  for the plaintiff is present and requested for adjournment.
Adv. Vidya Vyavhare for defendant/MCGM is present and requested time to file evidence affidavit.
Adjourned for Hearing on Exhibit 29/further evidence of defendant/R.E.to 17.12.2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-12-2025

Date: 17-12-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Sunita Dubey h/f Adv. J.S. Yadav for the plaintiff is present and requested time to file reply to affidavit U/s 65B of Evidence Act.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present
Adjourned for filing reply to affidavit by defendant/Hearing on Exhibit 29/R.E. to 19.01.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2026

Date: 19-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Mr. Yadav  for the plaintiff is present.
Adv. Ms.Vidya Vyavahare for defendant/MCGM is present.
Adv. for defendant has already filed application U/Sec 65B of the Indian evidence act, which is marked Exh.30. Adv. of plaintiff filed say on it.
Adjourned for hearing on Exh.30 to 11-02-2026
Next Purpose: HEARING
Next Hearing Date: 11-02-2026

Date: 11-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. J.S. Yadav a/w Adv. Ms. Sunita Dubey for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Hearing of both the sides on Exhibit 30.
Adv for defendant/MCGM seeks time to file certificate U/s. 65(b) of Evidence Act.  O- Granted.
Adjourned for filing documents to 02.03.2026.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 02-03-2026

Date: 02-03-2026
Business: Court is on leave
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 24-04-2026

Date: 24-04-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. J.S. Yadav for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and requested to file certificate U/s. 65 (B) of Evidence Act.
O- Time is granted.
Adjourned for filing certificate to 06.07.2026
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 06-07-2026

Date: 06-07-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
None present for defendant/MCGM
Adjourned for filing certificate to 16.09.2026
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 16-09-2026

Date: 16-09-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. J. S. Yadav for the plaintiff is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and filed certificate under section 65 (B) of the Evidence act, marked Exh. 30.A. Sachin Rotkar J.E. is present.
Adjourned for say on Exh. 30.A to 07.10.2026.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 07-10-2026

CHAMBER SUMMONS/100267/2021
NOTICE OF MOTION/101591/2020

Registration Number: 101197/2020
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 105303/2020
Filing Date: 28-10-2020
First Hearing Date: 02nd November 2020
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE