Date: 05-11-2020
Business: By Precipe.
Adv. Mr. A.P.Khanduri for plaintiff, filed draft n/m alongwith affidavit. Leave is granted for registration.
Adv. Mrs. Tondwalkar for deft./MCGM.
Exh.2 Affidavit in support of documents filed by MCGM. (Copy supplied to the plff.)
MCGM submits that in view of Section 217 of MMC Act, this Court do not vest the jurisdiction. Accordingly, following preliminary issue is framed
Whether this Court vest the jurisdiction to try and entertain the present suit
Matter is adjd. for arguments of preli. issue to 10.11.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: Adv. Khanduri for plff.
Adv. Ms. Tondwalkar for deft./MCGM.
Mr. Mahesh Kapre, Suptd. \''L\'' Ward.
It is not possible to reach. Considering workload prior to Diwali vacation.
MCGM shall not disconnect electricity/water for two weeks. Both side to argue positivity on 26.11.2020.
Authenticated copy be given.
Matter is adjd. to 26.11.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: Adv. Khanduri for plaintiff, submitted regd. NM no. 1790/2020.
Adv. Ms. Tondwalkar for deft./MCGM.
Heard both side at sufficient length.
Matter is adjd. to 27.11.2020 for order on NM and P
Issue.
Next Purpose: NM ORDERS
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Business: Adv. Khanduri for plaintiff present.
Adv. Mhatre for deft./MCGM present.
F.R.S.R. following order is passed below Exh.1.
ORDER
1. Suit is dismissed for want of jurisdiction with cost.
2. Plaintiff is at liberty to prefer fresh suit before competent
forum.
3. N/m No. 1790/2020 stands dismissed.
F.R.S.R. following order is passed below N/m No. 1790/2020.
ORDER
1. Notice of Motion No. 1790/2020 stands dismissed, no
order of cost.
2. N/m No. 1790/2020 stands disposed off accordingly.
(Note : Ld. Adv. Khanduri for plaintiff submits that MCGM may disconnect electricity and water. Plaintiff intends to challenge the order in appeal. Adv. Mhatre for MCGM raised objection. At the request of plaintiff, no action be taken in view of impugned notice for one week from uploading the order.
Authenticated copy be given to the parties.
Nature Of Disposal: DISMISSED
Disposal Date: 27-11-2020