Date: 13-04-2018
Business: By Precipee
Adv.Ms.Rubia Taneja for Plff.present.
Adv.for Plff.tendered draft N/m along with affidavit t.o.r. Leave granted to register N/m. Returnable on next date.
Adv.Mr.Giri for BMC/Deft.present.
Jr.Engineer, Mr.Nalawade is present.
Adv.for MCGM tendered Reply to N/m t.o.r.
Adjd.for N/m hearing on 16.04.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2018
Date: 16-04-2018
Business: Advocate Ms. Rubia Taneja for the plaintiff present.
Advocate Mr. Giri for BMC/deft present.
Original N/M no. 1575/18 alongwith affidavit in support tendered by the plaintiff. t .o.r.
BMC Officer Mr. Harshad Nalawade Junior Engineer present and he submitted that 70 percent of the building is vacated.
At this stage, plaintiff is present and the Ld adv for the plff submitted that in view of the guidelines of WP (L) no. 1135/14, the plaintiff intends to appoint their private Engineer and submit this structural Audit report on record. The plaintiff is directed to file an undertaking on record that he is occupying the premises on his own risk and MCGM will not be held responsible, if any, untoward incident takes place, till next date, no coercive action shall be taken.
Matter adjd to 6.06.2018 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 06-06-2018
Date: 06-06-2018
Business: Adv. Ms. Rubia Taneja for plaintiff present.
Adv. Mr. Giri for BMC present.
Advocate of plaintiff filed undertaking given as per the WP no. 1135/14.
Earlier order if any, to continue till next date.
Adjd to 13.6.2018 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-06-2018
Date: 13-06-2018
Business: Adv. Ms. Rubina Taneja for plaintiff present.
Adv. Mr. Giri for BMC present.
Officer of BMC, Mr. Nalawade present.
Earlier order if any, to continue till next date.
Adjd to 29.6.2018 for N/M rejoinder/hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2018
Date: 29-06-2018
Business: Adv. Ms. Rubia Taneja for Plaintiff present.
Adv. Mr. Giri for defendant / BMC present.
Adjd. to 09.07.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2018
Date: 09-07-2018
Business: Plff and Adv. absent.
Adv. Mr. Giri for defendant / BMC present.
Earlier order to continue till next date.
Adjd. to 23.07.2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2018
Date: 23-07-2018
Business: Adv. Mrs. Rubia Taneja for Plaintiff present and tendered additional affidavit. T.O.R.
Adv. Mr. Giri for defendant / BMC present.
O - Earlier order to continue till next date.
Adjd. to 13.08.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2018
Date: 13-08-2018
Business: Adv Taneja for plff present.
Adv Giri for BMC/deft present.
K.B..
Later on..
Adv Taneja for plff present.
Adv Giri for BMC/deft present.
Heard argument partly of plff\''s adv.
Earlier order to continue till next date.
Adjd to 16/08/2018 for arguments (PH).
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 16-08-2018
Date: 16-08-2018
Business: Plff present. Adv Taneja for plff present.
Adv Jyoti Mhatre for BMC/deft present.
Adv Wagle for applicant present and tendered draft ch/sum and vakalatnama as Exh.2.
Order - Leave is granted to register the ch/sum.
Heard arguments on NM by the plff.
Earlier order to continue till next date.
Adjd to 24/08/2018 for arguments on NM by deft and reply to ch /sum.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 24-08-2018
Date: 24-08-2018
Business: Adv Taneja for plff present.
Adv Jyoti Mhatre for BMC/deft present.
Adv Wagle for applicant present.
Ch/sum be registered.
Earlier order to continue till next date.
Adjd to 29/08/2018 for argument (PH)
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 29-08-2018
Date: 29-08-2018
Business: Adv.Rubia Taneja for plaintiff present.
Adv. Mhatre for defendant no. / BMC present.
Earlier order to continue till next date.
Matter adjd. to 7.9.18 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-09-2018
Date: 07-09-2018
Business: Matter pertains to C.R.No.8
Adv. Ms. Rubia Taneja for Plaintiff present.
Adv. Mrs.Mhatre for Defendant /BMC present.
Earlier order to continue till next date.
Adjd for N/m hearing to 01.10.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2018
Date: 01-10-2018
Business: Adv. Rubia Taneja for plaintiff present.
Adv. Mhatre for defendant no. / BMC present.
Adv. for deft. filed Addl. affidavit to notice of motion. Tor
copy served to other side.
Heard arguments of Adv. of plaintiff Partially.
Earlier order, if any, to continue till next date.
Matter adjd. to 8.10.18 for Further Arguments of plaintiff.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 08-10-2018
Date: 08-10-2018
Business: Adv. Rubia Taneja for plaintiff present.
Adv. Mhatre for defendant no. / BMC present.
K.B.
L.O
Same appearance.
Partly heard arguments of Adv. of plaintiff.
Earlier order, if any, to continue till next date.
Matter adjd. to 22.10.18 for Arguments P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 22-10-2018
Date: 22-10-2018
Business: Adv. Rubia Taneja for plaintiff present.
Adv. Mhatre for defendant no. / BMC present.
Earlier order, if any, to continue till next date.
Matter adjd. to 31.10.18 for Arguments P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 31-10-2018
Date: 31-10-2018
Business: Adv. Ms. Rubia Taneja for Plaintiff present.
Adv. Mrs. Mhatre for Defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 03.12.2018 for further argument of Plaintiff on Nm.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-12-2018
Date: 03-12-2018
Business: Adv Ms.Rubia Taneja for plff present and filed rejoinder.
Copy served to other side.
Adv Mr.Kuber Wagale for applicant present and filed vakalatnama, draft ch/s and affdvt in support of ch/s taken on record.
Adv Mrs.Mhatre for deft/BMC present.
Leave granted to register the ch/s.
Earlier order, if any, to continue till next date.
Adjd to 05.01.2019 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2019
Date: 05-01-2019
Business: Adv Rubia Taneja for plff present.
Adv Mhatre h/f adv Bhoir for BMC/deft. present.
Adv Bharucha for applicant present and tendered original ch/sum no.2261/18 alongwith affidavit in support. It is TOR.
Heard argument on NM of Ld adv for plff.
Adjd to 14/01/2019 for arguments of deft.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 14-01-2019
Date: 14-01-2019
Business: Adv Rubia Taneja for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
K.B..
Later on..
Adv Rubia Taneja for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Adv Mr.Kuber Wagle for applicant present.
Heard arguments of ld adv for BMC/deft.
Adjd to 25/01/2019 for NM orders.
Next Purpose: NM ORDERS
Next Hearing Date: 25-01-2019
Date: 25-01-2019
Business: Adv Rubia Taneja for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Earlier order, if any, to continue till next date.
Adjd to 11/02/2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 11-02-2019
Date: 11-02-2019
Business: Plaintiff present. Adv. for plaintiff absent.
Adv. Bhoir for Defendant/MCGM present.
Ld. Advocate for defendant orally submits that the matter is referred to TAC and the report is awaited.
Earlier order, if any, to continue till next date.
Adjd. to 01.03.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 01-03-2019
Date: 01-03-2019
Business: (Incharge Court of C.R.No.8)
Adv. Ms.Rubia Taneja for Plaintiff present.
Adv. Mr. Diwate for deft/BMC present.
Earlier order to continue till next date.
Matter adjd. to 25.03.2019 for N/m Order
Next Purpose: NM ORDERS
Next Hearing Date: 25-03-2019
Date: 25-03-2019
Business: Adv. Ms. Rubiya Taneja for Plff present.
Adv. Mrs. Bhoir for MCGM/Deft present.
Ld. Adv. for Deft/MCGM oral requests for two weeks time to obtain instructions from concerned officer.
Earlier order, if any, to continue till next date.
Adjd to 5/4/2019 for N/M order.
Next Purpose: NM ORDERS
Next Hearing Date: 05-04-2019
Date: 05-04-2019
Business: Son of Plff present and his Adv. absent.
Adv. Mrs. Bhoir for MCGM/deft. present.
KB - LO at 3.45 p.m.
Plff present and his Adv. absent.
Adv. Mrs. Bhoir for MCGM/deft. present.
Officer Mr. Harshad Nalawade, T.E. (N-Ward), MCGM present.
In view of office order No.66/19 dt.4/4/2019 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, this matter is transferred to C.R. No.9 for disposal in accordance with law.
Adjd to 3/5/2019 for N/M orders.
Next Purpose: NM ORDERS
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Business: Adv. Ms. Rubiya Taneja for Plff present.
Adv. Mrs. Bhoir for MCGM/Deft present.
Ld. Adv. for Deft submits that the Plffs are not allowing the structural auditor to conduct inspection of the suit building. Roznama shows that from February 2019 the matter is pending for N/M order and report of TAC was awaited. As submitted rightly by Ld. Adv. for Plffs has argued on N/M way back in December 2018 and thereafter Ld. Adv. for Deft/ MCGM has also argued in January 2019. Therefore it will not be proper to further wait for TAC report and the matter is fixed for order on next date.
Earlier order, if any, to continue till next date.
Adjd to 10/6/2019 for N/M order.
Next Purpose: NM ORDERS
Next Hearing Date: 10-06-2019
Date: 10-06-2019
Business: Adv. Rubia Taneja for Plaintiff present.
Adv. Ms. Patil for Defendant/BMC present.
Adv. Ms. Jheel Mehta for applicant is present.
FRSR the following order is passed on NM no. 1575/18.
ORDER
1. Notice of Motion is partly allowed in terms of prayer clause (a) and the defendant MCGM is temporarily restrained from acting in pursuance of the notice no.CAN/037/GEN/B and F dated 10/04/2018 purported to be under section 354 of the MMC Act till the Technical Advisory Committee follows the guidelines issued by the defendant MCGM which are approved on 23.02.2018 in respect of buildings in dilapidated condition and passes order in accordance with the same Policy.
2. Notice of motion is disposed off accordingly.
3. Costs in cause.
Adjd. to 23.07.2019 for Ch/s reply/hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 23-07-2019
Date: 23-07-2019
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: C/S REPLY
Next Hearing Date: 05-09-2019
Date: 05-09-2019
Business: As Court is on leave today, board is discharged. Matter is adjd. to 14.11.2019 for C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 24-10-2019
Date: 24-10-2019
Business: N.O.B.T.O.B (By precipe)
Adv. Rubia Taneja for plaintiff present and tendered Original NM No. 3730/19 along with affidavit in support. Copies served to other side.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
Mr. Harshad R. Nalawade, Jr. Engineer, ( B and F Department) N- Ward, MCGM, present.
Adv. Jheel Mehta for applicant present.
Heard both sides in Ad-interim relief
KB
LO
F.R.S.R. following order on Ad-interim relief in N/M No. 3730/19 is passed -
Order -
The defendant /MCGM is directed to follow the guidelines 1.07, 1.08 and 1.09 of guidelines of MCGM and take action in accordance with the said guidelines at the earliest. Till then no coercive action to be taken in respect of the suit building.
Authenticated copies be given to the both parties and the applicant in C/S.
Already adjd to 14-11-2019 for C/S Reply/hearing/NM Reply .
Next Purpose: C/S REPLY
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv. Rubia Taneja for plff present.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
Adv. G. Mehta for applicant present.
Shri. Harshad Nalawade Jr. Eng.(B/F) N-Ward present.
Adv. Harshal Parikh for applicant present.
Ld. Adv. for applicant has made an endorsement on chamber summons No. 2281/18 that his withdrawing the same. In view thereof, chamber summons No. 2281/18 is disposed off as withdrawn.
The applicant has tendered draft chamber summons alongwith affidavit. Leave granted to register. Copy be served to other side.
Matter adjd. to 22/11/2019 for service and reply to Chamber Summons.
Next Purpose: C/S REPLY
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Adv. Ms.Shama Taneja h/f adv. Rubia Taneja for plff present.
Adv. Ms. Patil for MCGM/Defendant present.
None for applicant.
Applicant is directed to register the Ch/s on or before next date.
K.B.
LO
Adv. Mr. Harshal Parekh for applicant present and tendered original Ch/s no. 2077/19 along-with affidavit in support.
Adv. for deft/MCGM, tendered reply to NM, copy is served to adv for plff.
On oral request of advocate for Plaintiff, adjournment granted to file reply to Ch/s as last chance.
Adjd to 28.11.2019 for Ch/s reply and NM hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: Advocate Ms. Taneja for plaintiff present
Adv. Mrs. Patil for Deft. /MCGM present.
Adv. Riya Menon for applicant present.
Earlier order, if any, to continue till next date.
Matter is adjourned to 10/12/2019 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Adv. Rubia Taneja for plaintiff present and tendered reply to C/S. Copies served to other side.
Adv. Mrs. D.D. Patil for Deft/MCGM present.
Adv. Riya Menon for applicant present.
Adjd to 10-01-2020 for C/S Hearing and N/M hearing
Next Purpose: C/S HEARING
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Adv. Ms. Rubia Taneja for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
None for applicant.
Adjd to 30/01/2020 for Ch/s. and Nm hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: None for plaintiff.
Adv.Z.K. Dalal for applicant.
Adv. Ms. Patil for MCGM/Defendant present.
On oral request of plaintiff , adjournment granted as last chance.
It is submitted by advocate for corporation that the suit premises is dilapidated building urgent hearing NM is required . Parties are present who has directed to secure presence of there lawyer for NM hearing /ch/ hearing as a last chance on next date without fail at 1.00pm.
Adjd to 11.02.2020 at 1.00pm for NM argument .
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Adv.Rubia Taneja for plaintiff present.
Adv. Dalal for applicant present.
Adv. Ms. Patil for MCGM/Defendant present.
Matter adjd to 25.02.2020 for NM/ ch/s hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv.Rubia Taneja for plaintiff present.
Adv.Bhrucha for applicant present.
Adv. Ms. Patil for MCGM/Defendant present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Matter adjd to 17.03.2020 for Chamber Summons hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: None for plaintiff.
Adv. Ms. Patil for MCGM/Defendant present.
None for applicant.
Matter adjd to 16.04.2020 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
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: 27-05-2020
Date: 27-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: Adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: None for plaintiff.
Adv. Mrs. Smita Chavan for Defendant/MCGM present.
Adv. Dia Menon for applicant present.
Matter adjd to 06/10/2020 for NM/Chs. hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: None for Plaintiff.
Adv. Smita Chavan for Defendant/MCGM present.
Adv. Mr. Dalal for applicant present.
Taken on Moderate Board considering the urgency of the matter of dilapidated building. Preceipe filed by the applicant for pursuing with Ch/s. No.2077/19 whereas no objection by the Defendant/MCGM.
Advocate for applicant is directed to intimate the next adjourned date to the Plaintiff.
Matter adjd to 08/10/2020 for service of preceipe/Ch/s./NM
hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: Adv. Rubia Taneja for plaintiff present.
Adv.Mrs.Chavan for Defendant/MCGM present.
Adv.Dalal for applicant present.
Matter adjd to 20.10.2020 for ch/s reply/ NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Business: Adv. Rubia Taneja for plaintiff present.
Adv. Smita Chavan for Deft/MCGM present.
Adv. Dalal a/w Adv. Harshal Parekh for applicant present.
Heard both sides on Ch/s No.2077/2019.
Matter adjd to 26/10/2020 for Order on Ch/s No.2077/19.
Next Purpose: CH/S ORDERS
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: None for plaintiff.
None for Deft/MCGM.
None for applicant.
FRSR following order is passed on Ch/s No.2077/19.
ORDER
1. Chamber Summons No. 2077 of 2019 is partly allowed.
2. Chamber Summons prayer (a) only is made absolute.
3. The plaintiff would be required to join the applicant as a
party defendant to the suit in question.
4. Plaintiff to carry out amendment within two weeks from
today and serve amended copy of the plaint on the defendant.
5. Chamber Summons No. 2077 of 2019 is disposed off
accordingly.
Matter adjd to 17/12/2020 for Compliance/NM Hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: None for Plaintiff.
Adv. Mrs. Smita Chavan for Defendant No.1/MCGM present.
Adv. Mr. Dalal for Defendant No.2 present.
Matter adjd to 04/03/2021 for compliance(service of copy of amended Plaint upon defendants)/NM reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Adv. Rubia Taneja for plaintiff present.
Adv. Mrs. Smita Chavan for Defendant No.1/MCGM present.
None for Defendant No.2.
Matter adjd to 06/04/2021 for Compliance (service of copy of amended Plaint upon defendants)/NM reply.
Later on.
Adv. Jheel Mehta for deft no.2 present.
Matter is already adjd to 06/04/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Due to Covid-19 SOP, matter is adjourned till next date.
Matter adjd to 04/05/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: Due to Covid-19 pandemic
Next Purpose: COMPLIANCE
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Court is half day (second sessions) leave
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv Rubia Taneja for plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM present.
Adv Jheel Mehta for defendant no.2 present.
Plaintiff is directed to serve the copy amended plaint and NM on defendant no.2 till next date.
Adjd. To 26/10/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-10-2021
Date: 30-09-2021
Business: Adv Rubia Taneja for plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM present.
Adv Jheen Mehta for defendant no.2 present.
Plaintiff is directed to serve the copy amended plaint and NM on defendant no.2 till next date.
Adjd. To 26/10/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant no.1/ MCGM present.
Adv. G. Mehta for Defendant No.2 is present and seeks time to file reply to NM. Time is granted till next date.
Matter is adjd to 25/11/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv. Rubia Taneja for Plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM present.
Adv. Bharucha for Defendant No.2 is present and seeks time to file reply to NM. Time is granted as a last chance till next date. If on next date, Defendant No. 2 failed to file reply, ''No reply order'' will be passed against Defendant No.2 in NM.
Matter is adjd to 06/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Adv Rubia Taneja for plaintiff present.
Adv Khandagale h/f Adv Rawade for defendant no.1/ MCGM present.
Adv Dalal for defendant no.2 present and states that there is no need to file reply to NM, hence No Reply to NM order is passed against defendant no.2.
Adjd. To 03/02/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 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 rejoinder/NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Plaintiff present. His advocate absent.
Adv Mrs Rawade for defendant no.1/ MCGM present.
None for defendant no.2.
Plaintiff tendered rejoinder. TOR. Copy is served to defendant no.1 / MCGM. Copy be served to defendant no.2.
Adjd. to 24/03/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adv Rubia Taneja for plaintiff present.
Adv Kumawat with Adv Mrs Rawade for defendant no.1/ MCGM is present.
Adv Dalal for defendant no.2 present.
K.B.
L.O. at 4.10 p.m.
Adv Rubia Taneja for plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM is present.
Adv Dalal for defendant no.2 present.
On oral request of advocate for plaintiff, matter is adjourned till next date.
Adjd. To 25/03/2022 at 2.45 p.m. for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Adv Rubia Taneja for plaintiff present.
Adv Kumawat with Adv Mrs Rawade for defendant no.1/ MCGM is present.
Adv Dalal for defendant no.2 present.
Mr Rahul Kamble, JE. B and F, N/Ward, MCGM present.
Heard Ld Adv for defendant no.1 and Adv for defendant no.2 on NM NO.3730/2019.
Adjd. To 01/04/2022 for order on NM NO.3730/2019.
Next Purpose: NM ORDERS
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Adv Rubia Taneja for plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM is present.
Adv Dalal for defendant no.2 present.
Due to paucity of time, matter is adjourned till next date.
Adjd. To 12/04/2022 for order on NM NO.3730/2019.
Next Purpose: NM ORDERS
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Adv Rubia Taneja for plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM is present.
Adv Harshed Parekh for defendant no.2 present.
F.R.S.R. Following order is passed on NM NO.3730/2019
ORDER
1. Notice of Motion No.3730/2019 and in L.C. Suit No.1047/2018 is dismissed.
2. Notice of Motion No.3730/2019 is disposed off accordingly.
Plaintiff has filed application by contending that he wants to challenge this order in Honble High Court, therefore prayed for grant of stay for eight weeks to a order passed on NM.
Both the defendants strongly opposed the application on a ground that the Suit structure falls under C-1 category, building is dilapidated and dangerous to live, therefore plaintiff is not entitled for any stay.
Perused application and say. Heard all advocates.
Previously protection was given to the plaintiff and defendant / MCGM was directed to follow the guidelines. So, plaintiff wants to challenge the order, therefore plaintiff is entitled for the stay to the execution and operation of this order. Therefore, three weeks time is granted to the plaintiff to approach Honble High Court. Therefore execution and operation of this order to be stayed for the period of three weeks from the passing of this order.
Adjd. To 28/06/2022 for W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Adv. Shama Taneja h/f Adv. Rubia Taneja for plaintiff present.
Adv. Mrs. Rawade for defendant No. 1/ MCGM is present.
Adv. Bharucha for deft. No. 2 present.
Adjd. to 11/08/2022 for filing W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Adv. Rubia Taneja for plaintiff present.
Adv. Mrs. Rawade for defendant No. 1/ BMC is present.
Adv. Bharucha for deft. No. 2 present.
Both advocates for defts. requested time file W/S. The Adv. for plaintiff strongly opposed for extension of time. The statutory period of file W/S since now is over. Hence, kept for No W/S order.
Adjd. to 20/09/2022 for No W/S order against both defts.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Plaintiff present, his advocate absent.
Adv. Mrs. Rawade for defendant No.1/ BMC is present.
Adv. Bharucha for deft. No.2 present and tendered draft N/M along with copy of written statement and document. Leave is granted to register the same, returnable on next date. Copy be supplied to other side.
Adjd. to 01/11/2022 for service and reply to N/M.
Next Purpose: SERVICE
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Adv. Taneja for plaintiff present.
Adv. Mrs. Rawade for defendant No.1/ BMC is present.
None for deft. No.2.
Adjd. to 06/12/2022 for service and N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Court is busy in urgent hearing. Hence, board is discharged.
Adjd. to 05/01/2023 for service and N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: Adv. Rubia Taneja for plaintiff present and requested time to file N/M reply. Time is granted till next date.
Adv. Mr. Khandagale h/f Adv. Mrs. Mhatre for defendant No.1/ BMC is present.
Adv. Bharucha for defendant No.2 present.
Adjd. to 18/04/2023 for N/M reply by plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Adv. Taneja for plaintiff present and requested time to file reply to N.M. O -Granted.
Adv. Ms. Mhatre for Defendant no.1/BMC present.
Adv. Harshal Parekh for defendant no.2 present.
Defendant no.2 is directed to tender original motion on next date.
Adjd. to 11/07/2023 for N.M. reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: Advocate Taneja for plaintiff present
Advocate Mhatre for defendant/BMC present.
Adv Bharucha I/b for def No. 2 present and tendered NM No. 3798/22.
Adv for plaintiff submitted she has filed reply to NM No. 3797/22 in LC 1046/2018 and same may be treated to reply to NM of this matter.
Keep back
L.O.
Heard argument of Adv for plaintiff and Adv defendant No. 2 on NM
Adjd to 24.07.2023 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: court is on leave
Next Purpose: NM ORDERS
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: None present for plaintiff.
Adv. Jhanavi Shah i/b Purnananda and Co. for def No.2 present.
Advocate Suryavanshi h/f Mhatre for defendant/BMC present.
FRSR following order is passed on Notice of Motion No. 3798/2022
ORDER
Notice of Motion No. 3798/2022 is dismissed.
Adjd to 19.08.2023 for No WS order against defendant/BMC
Next Purpose: ORDER
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: None present for plaintiff
None present for def No. 2
None present for defendant No.1/BMC
keep back
L.O.
Advocate Mhatre for defendant No.1/BMC present and has given endorsment to adopt NM Reply as WS. Granted.
WS is marked as Exh. ….
Adjd to 07.10.2023 for hearing on issues and draft issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-10-2023
Date: 07-10-2023
Business: C.A.of for plaintiff present.
Adv for plaintiff absent
Advocate Mhatre for defendant/BMC present.
Exh. …. Issues are framed.
Adjd to 04.12.2023 for List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-12-2023
Date: 04-12-2023
Business: None present for plaintiff
Advocate Suryavanshi h/f Mhatre for defendant/BMC present.
Today is first date for filing evidence of plaintiff. Hence matter adjourned
Adjd to 06.02.2024 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: None present for plaintiff.
Advocate Mhatre for defendant/BMC present.
Adjd to 28.03.2024 for plaintiff evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: None present for plaintiff.
Advocate Mhatre for defendant/BMC present.
Adjd to 20.06.2024 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: None present for plaintiff
Advocate Metakari for defendant No. 1/BMC present.
The suit is of year 2018 and issues are framed 07.10.2023 and since then matter repeatedly adjourned for plaintiff evidence. The roznama shows that neither plaintiff nor his adv remains present. hence matter adjourned and kept for dismissal of suit.
None present for D-2
Adjd to 20.07.2024 for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 20-07-2024
Date: 20-07-2024
Business: None present for plaintiff
Advocate Waghmare h/f Metakari for defendant/BMC present.
Due to heavy rain fall there is direction not to pass adverse order, hence matter adjourned
Adjd to 17.08.2024 for dismissal of suit.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 17-08-2024
Date: 17-08-2024
Business: Court is on leave
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 21-09-2024
Date: 21-09-2024
Business: PO is on leave, hence board is discharged and matter is adjourned
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 05-10-2024
Date: 05-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Nagarthawar for defendant/BMC present.
Order below Exh. 1
When called repeatedly till 1.30 p.m. neither plaintiff nor his Adv present. The suit is of year 2018 and issues are framed on 07.10.2023 and thereafter matter repeatedly adjourned for plaintiff’s evidence. However roznama shows that neither plaintiff nor his Adv remains present. Hence on 20.06.2024 matter was adjourned to 20.07.2024 for dismissal of suit. Thereafter matter adjourned to 17.08.2024 and 21.09.2024 but inspite of that none appeared for the plaintiff. This shows that plaintiff is not interested to proceed with the suit. Hence I pass following order.
ORDER
Suit is dismissed for want of prosecution under Order IX Rule 8 of Civil Procedure Code.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 05-10-2024