Shyama Sakaria - Suit St. No. 4822/2020VsMCGM

Date: 26-10-2020
Business: Adv. Mr. Sangale a/w adv. Mr. Nilesh Pandey for plff., filed registered NM no. 1519/2020 along-with affidavit.
Adv. Mrs. Mhatre for deft./MCGM present.
In view of detail roznama in Suit at St. no.4817/2020, adjd is granted.
Ld. Adv. Mrs. Mhatre submits that when officer of visited, it was locked. It require to verify by MCGM.  Accordingly, plff to keep open the suit premises and allow access to the officer of MCGM on dt. 28 and 29.10.2020.  Next date for hearing is fixed r/o 11.11.2020, in all group suits.
The reply submitted by plff is not reflected in speaking order.  It is submitted by MCGM that after speaking order reply was filed by the plff.
MCGM to proceed for fresh speaking order.  The plaint be consider as reply.
Interim relief/ protection to the notice structure is granted till issuance of speaking order and 10 days thereafter, if order would adverse to the interest of plff.
Matter is adjd. for NM hearing on 11.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Business: Adv. Nilesh Pande for plaintiff present.
Adv. Ms. Tondwalkar  for deft./MCGM present.
In view of reasons given in roznama of 4817/20, adjd. is gtd.
Earlier order, if any, to continue till next date.
Matter is adjd. to  02-12-2020  for Compliance.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: Adv. Priyank Shukla for Plaintiff , submits that Adv. Pande went for Funeral of nearest relative, prayed for adjournment.
Adv. Mhatre  for deft./MCGM , raised objection.
Earlier order, if any, to continue till next date.
Matter is adjd.to 13-01-2021 for NM Reply.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: Adv. Priyank Shukla for plaintiff present and tendered registered disposed off Ch/s No. 693/2020 TOR.
Adv. Tondwalkar for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd. to 22/02/2021 for NM Reply/Hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjourned for NM hearing to 05.04.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: None present for plaintiff.
Adv. Ms. Mhatre for defendant/MCGM present.
Earlier Order if any to continue till next date
Matter is adjourned for NM hearing to 23.04.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Business: Due to Surge in Covid-19, matter is adjourned to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Business: Due to Covid-19, matter is adjourned to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: Due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: CORAM H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv Mr. Bipin Tiwari for plaintiff.
Adv. Adv Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for  N/m Hearing to 13.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI
(Matter pertains to C.R. No.11)
Adv. Bipin Tiwari for plaintiff present.
Adv. Mrs. Mhatre  for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For  NM hearing to 15.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv.Bipin Tiwari for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM hearing to 20.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv. Mr. Bhosale for plaintiff is present.
Adv. Mr. Khandagale for Defendant/MCGM is present.
Adv for the plaintiff is directed to get registered the suit, positively on the next date.
Adv. for the plaintiff orally requested time for NM hearing.
Earlier order, if any, to continue till the next date.
Adjourned for registration of Suit/ NM hearing to 28/01/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Mr. Khandagale for defendant/MCGM  present.
In view of office order no. 07/2022 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.
Matter is adjd. for Registration of the suit/NM hearing
to 24.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv. Mr. Pathak h/f Adv. Nilesh Pandey for plaintiff is present and orally requested for time extension of time to registration of suit. The record shows that since last one year, the plaintiff could not register the suit even after specific directions. Hence, time is granted strictly as a last chance to register the suit. In case of failure, the suit would stand dismissed for want of compliance. The plaintiff to take note.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for registration of suit/NM hearing to 24.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adv. Mr. Nilesh Pandey for plaintiff is present orally requested time for registration suit. Granted strictly as a last chance. In default, the suit would stand dismissed. He submitted that he is willing to discharge on behalf of the plaintiff.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for registration of suit/dismissal to 12.07.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: Adv. Mr. Priyanka Dubey h/f Adv. Nilesh Pandey for the plaintiff is present.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
KB LO at 04:40 pm.
Adv. for the plaintiff filed application for adjournment. It is marked at Exh. 04. O-  The record shows that though the matter is filed in the year of 2020, till date, the suit is not registered. It seems that in view of the roznama dated 24.02.2022 and 23.03.2022, on request of the advocate, the matter was adjourned for registration. The plaintiff was informed that in default, the suit would stand dismissed, but in vain. Even today, the plaintiff is absent to get registered the suit, which is pending for dismissal, and is seeking time. It is, thus, clear that the plaintiff is not interested to proceed with matter. Still, considering the reasons, the suit is lastly adjourned for registration/dismissal, subject to payment of costs of Rs.3,000/- to deposited in favour of concerned department of the defendant/MCGM till next date. In default, the suit would stand dismissed.
Authenticated copy of this roznama be given to both the parties.
Adjourned for costs/registration of suit/dismissal to 05.09.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Adv. Mr. Nilesh Pandey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Advocate for the plaintiff orally requested for time to pay costs, imposed on the earlier date. He submitted that till then, earlier order may be continued. He further submitted that all of the office objections are removed. The record shows that though the matter filed since long, till date it is not registered. The plaintiff is also absent to proceed with the matter and to comply with the order of cost. Hence, this Court is not inclined to extend interim order in his favour, as the suit is being posted for dismissal orders.
Authenticated copy of this roznama be given to both the parties.
Adjourned for dismissal to 21.09.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: Adv. Bhosale for the plaintiff is present and informed this Court that his senior advocate is engaged before the Hon\''ble High Court. On inquiry, he is not able to assign as to whether what his senior with do as regards registration of suit. Still, the matter is kept back.
Adv. Khandagale for defendant/MCGM is present.
KB LO at 05:02: pm.
Advocate for the plaintiff is present and submitted that his senior advocate is not available. He requested for time to pay earlier costs and submitted that the Office objection are removed. He undertook to comply with the Order of registration till the next date. The record shows that sufficient time is already granted and the plaintiff could not register the suit till date, though the matter is  filed in the year of 2020. Still, considering his request, it is lastly adjourned with additional costs of Rs.3,000/- to be deposited with the concerned department of the defendant/MCGM. In default, the suit would stand dismissed, with no reference to this Court.
Adjourned for costs/dismissal to 31.10.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 31-10-2022

Date: 31-10-2022
Business: Adv. Bhosale h/f Adv. Nilesh Pandey and Adv. Gajanan Sangale for the plaintiff is present. He informed that the plaintiff is not in contact and therefore, the advocate is going to withdraw. On inquiry, he informed that the plaintiff did not comply with the earlier Order of costs. Hence, the suit is posted for dismissal Order.
Adv. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
Adjourned for dismissal Order to 21.12.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: None present for the plaintiff.
Adv. Mrs. J.V. Mhatre for the defendant /MCGM is present.
Order below Exhibit 1:
     Even today, the plaintiff is absent to proceed with the matter. The record shows that though, the suit is filed in the year 2020, it is still not registered despite specific directions by this Court and the imposition of costs. The plaintiff is absent even to comply with the Order of costs. On the last occasion, his advocate informed that the plaintiff is not in contact. It is, thus, clear he is not interested to proceed with the suit. In the result, it stands dismissed in default. All the pending applications and NM No. 1519/2020 are, therefore, disposed of. The plaintiff to bear costs of this litigation. Bill of costs be drawn-up accordingly. The plaintiff is further directed to get registered the suit within one week. The proceeding is closed.
Authenticated copy of this roznama be given to both the parties.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 21-12-2022

Filing Number: 105189/2020
Filing Date: 23-10-2020
First Hearing Date: 26th October 2020
Decision Date: 21st December 2022
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE