Date: 09-11-2020
Business: Adv. Mr. P.D. Gandhy for plaintiff present.
Adv Mr. Walawalkar for defendant No.1 and 2 absent.
Adv. Mr. Lalit Jain for defendant No.3 present.
Plaintiff\''s advocate tendered registered N/M No.1617/20 alongwith affidavit. t.o.r.
Adv Mr. Nandanvar h/f Walavalkar for defendant No.1 and 2 present and filed affidavit in reply alongwith list of document.
Adv for defendant no.3 filed affidavit in reply. t.o.r.
LO
Adv. Mr. Vikram N. Walawalkar alongwith Adv. Seema Rawade for defendant No.1 and 2/MCGM present.
Heard arguments of Adv. for plaintiff since 11.30 to 2.00 p.m.
Earlier order if any, to continue till next date.
Matter adjourned for arguments of advocates for defendants to 10/11/2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: Adv Hardeep Desai I/b PD Gandhi for plaintiff present.
Adv Walavalkar for MCGM/defendant no.1 and 2 present.
Adv Lalit Jain for defendant No.3 present.
Court is busy in other matters.
On behalf of defendants both the Ld. Advocates submitted that undertaking or statement of plaintiff be taken on record because they are carrying out business in the dangerous building at their own risk. Adv of plaintiff made statement in the open court that plaintiff are staying their at their own risk and said fact is already recorded in the order of Hon\''ble High Court. Hence said statement of Adv is hereby recorded.
Earlier order to continue till the next date.
Matter adjourned for arguments of plaintiff on NM to 27.11.2020.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Business: Adv. Desai h/f Adv. P. D. Gandhy present for plaintiff.
Adv Lalit Jain for defendant 3.
Adv. for defendant No. 1 and 2 absent
Plaintiff and Defendant No. 3 advanced Arguments from 11:15 am till 1:35 pm.
On behalf of plaintiff written arguments submitted.
Heard arguments partly on behalf of defendant No. 3.
EOC E- framing to continue.
Matter adjourned for defendant No. 3 to 01/12/2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ARGUMENTS
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: Adv Indira Labde for plaintiff present.
Adv Walavalkar for defendant no.1 and 2 present.
Adv Lalit Jain for defendant No.3 present.
Adv of defendant no.3 completed arguments.
Adv of defendant no.1 and 2 completed arguments.
Plaintiff wants to reply arguments. Hence with consent of parties matter be kept on 04.12.2020.
Earlier order if any to continue till the next date.
From the submissions it appears that there are chances of amicable settlement because parties are appearing from the record, prudent and qualify persons hence it is requested that parties to remain present on next date for amicable settlement if any alongwith Ld. Advocates.
Matter adjourned for reply and arguments to 04.12.2020.
Next Purpose: REPLY
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Adv Indira Labde present for plaintiff.
Plaintiff no.1 absent.
Plaintiff no.2 present.
Defendant no.3 present.
Adv Lalit Jain for defendant no.3 present.
KB.
LO at 12.45 pm.
Adv PD Gandhi for plaintiff present.
Adv Suryawanshi (I/b Adv Walavalkar) present for defendant.
Today both the Ld. Counsels tried for settlement between the parties but no any settlement is possible. Arguments are completed.
Earlier order if any to continue till the next date
Matter adjourned for Order on NM to 08.12.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Adv Indira Labde for plaintiff present.
Adv Vikram N. Walawalkar panel counsel for MCGM alongwith Adv. Seema Rawade for defendant no.1 and 2/MCGM present.
Adv Lalit Jain for defendant No.3 present
F.R.S.R. Following order is passed below NM No.1617/2020-
ORDER
1.Notice of Motion No.1617 of 2020 is partly allowed.
2.Plaintiffs are hereby permitted at their costs to appoint an independent Architect or structural Engineer to conduct said tests in the notice premises, who shall submit the report within eight weeks from today.
3.Similarly MMC and defendant No.3(Landlord) at their own costs are hereby given liberty to appoint their Architect or structural Engineer independently who would also carry said tests and submit their reports respectively as above within the same period.
4.Parties or anybody on their behalf shall not interfere in the functioning of structural audit report of each others.
5.Parties to maintain status quo regarding said structure till next eight weeks.
6.Parties shall avoid delay on their parts.
7.Architect/structural Engineer shall submit said report within prescribed time as above.
8.This Notice of Motion stands disposed off accordingly with permission to file fresh one after receipt of said reports, if required.
Matter adjourned for Structural Audit report to 04.02.2021.
LO at 2.15 pm.
Exh.7 Application filed by Adv of deft no.3 application for stay the operation of the order. O- other side to say.
Adv of defendant no.3 submitted application stating that his client wants to consider whether to challenge the order before Hon\''ble High Court. Hence he is requesting to stay operation of the order dated 08.12.2020 for four weeks.
Adv of plaintiff submitted say that Plaintiff have already given undertaking to occupy the suit premises on their own risk. According to her said order is not going to affect to the defendants adversely in any manner. She opposed this application. On behalf of BMC Ld. Advocate orally submitted to pass necessary order as per discussion of the court.
Heard both the parties.
If any party thinks to challenge order of this court before Hon\''ble High Court then there is no point in rejecting such application. Hence Execution of said order to the extent of structural audit report is hereby stayed for the period of two weeks only.
Application Exh.7 stands disposed of accordingly.
Matter adjourned for Structural Audit report to 04.02.2021.
Nature Of Disposal: OTHER
Disposal Date: 08-12-2020
