Hema Bhavesh Jain +2 moreVsAssistant Commissioner +1 more

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.
Next Purpose: REPORT
Next Hearing Date: 01-02-2021

Date: 01-02-2021
Business: Matter is taken on board by praciepe. O-Allowed.
Adv Indira Labde present for plaintiff.
None present for MCGM/defendant.
Adv Lalit Jain present for defendant no.3.
Adv of plaintiff submitted Audit report alongwith list towards compliance at Exh.8.
Matter already adjourned for report to 04.02.2021.
Next Purpose: REPORT
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv  Indira Labade for plaintiff present
Adv Ravade for MCGM/defendant present.
Adv. Lalit Jain for defendant  no. 3 present.
Adv of defendant  no. 3 short time for submitting report due to compromise talk in between. time granted.
Matter adjourned 23/02/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: None present for plaintiff.
Adv Rawade present for MCGM/defendant.
Adv Mishra present for defendant no.3.
KB for afternoon. LO at 12.15 pm
Adv Indira Labde present for plaintiff.
Matter adjourned for compliance to 16.03.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Adv. Indira Labde present for plaintiff.
Adv. Nandanwar (hf) present for MCGM/defendant.
Adv. CV Mishra present for defendant no.3.
Matter adjourned for compliance to 08.04.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: As court is busy in dictating the Order on NM No. 89/2021 and NM 524/2021, hence The board is discharged.
Matter adjourned for
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Due to covid-19 matter adjd. to
Next Purpose: COMPLIANCE
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
Next Purpose: COMPLIANCE
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
Next Purpose: COMPLIANCE
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: Presiding Officer is on Leave, Hence matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: In the view of Holiday declared by the Hon''ble Bombay High Court, Board is discharged and Matter is adjd. to.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Adv. Panchal present for plaintiff and submitted that structural audit report as per order dtd. 08-12-2020 in NM no. 1617/20 is already submitted on 1-02-2021  and it is at Exh. 8. Therefore the Order is already complied.
Adv. Sutar present  for MCGM/defendant.
Matter adjourned for no WS order on 04-01-2022.
Next Purpose: ORDER
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: Adv. Panchal present for plaintiff.
Adv. Sutar present for MCGM/defendant and he filed affidavit in reply and he submitted that reply may be treated as WS t.o.r marked as Ex. 08.
Matter adjourned for to. 01/03/2022.
Next Purpose: ORDER
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: ORDER
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
Next Purpose: ORDER
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Adv. Labde present  for plaintiff.
Adv. Vyavhare for MCGM/Defendant.
The reply to theNM filed below Exh 8 is treated as ws in view of the submission made by adv. for def.
Matter adjourned for  issues 08-09-2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: Adv. Labde for Plaintiff present.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
Matter is adjd for  framing issues on 10-11-2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: Adv Harsh Pathak for Plaintiff present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
Matter is adjd for issues on 12-01-2023
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: Adv Harsh Pathak h/f Adv Labde for Plaintiff present.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
Matter is adjd for framing of issues on 03-04-2023
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: None for plaintiff present.
Adv Pradeep M. Patil for defendant /MCGM present.
Matter is adjd for framing issues on 26-06-2023
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd  to 25.08.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: Adv. Harsh Pathak h/f Adv. Indira Labde for Plaintiff present.
Adv. Pradip Patil for MCGM present.
Matter is adjd  to 20.10.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-10-2023

Date: 20-10-2023
Business: Adv. Dimpal Jain h/f Adv. Indira Labde for Plaintiff present.
Adv. Sayli Gangan h/f Adv. Vikram Walavalkar a/w Adv. Pradip Patil for MCGM present.
Matter is adjd  to 05.01.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-01-2024

Date: 05-01-2024
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd  to 04.03.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-03-2024

Date: 04-03-2024
Business: None for Plaintiff.
Adv. Sayli Gangan h/f Adv. Walawalkar for MCGM present.
Matter is adjd  to 12.06.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-06-2024

Date: 12-06-2024
Business: None for Plaintiff.
Adv. G. V. Jawale for MCGM present.
Matter is adjd  to 29.07.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-07-2024

Date: 29-07-2024
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM present.
Matter is adjd  to 04.10.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-10-2024

Date: 04-10-2024
Business: None for Plaintiff.
Adv. G. V. Jawale for MCGM present.
Matter is adjd  to 09.12.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-12-2024

Date: 09-12-2024
Business: None for Plaintiff.
Adv. Madhura Mulay h/f Adv. Vikram Walwalkar a/w Adv. G. V. Jawale for MCGM/D-1 present.
The P.O. is busy in dictating judgment in Suit No. 644/2012. Hence, adjourned.
Matter is adjd  to 24.02.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-02-2025

Date: 24-02-2025
Business: None for Plaintiff.
Adv. Madhura Mulay h/f Adv. Vikram Walawalkar a/w Adv. G. V. Jawale for MCGM/D-1 and D-2 present.
Matter is adjd  to 02.05.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-05-2025

Date: 02-05-2025
Business: None for Plaintiff.
Adv. G. V. Jawale for MCGM present.
Matter is adjd to 21.07.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: None for Plaintiff.
Adv. G. V. Jawale for Defendant/MCGM present.
Exh. 9 - Issues are framed.
Matter is adjd  to 25.08.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-08-2025

Date: 25-08-2025
Business: The P.O. is on leave. Hence, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-10-2025

Date: 27-10-2025
Business: None present for plaintiff, failed to adduce evidence.
Adv. G. V. Jawale for Defendant/MCGM present.
Matter is adjd  to 23.01.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-01-2026

Date: 23-01-2026
Business: The P.O. is on Half day(First Session) leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-04-2026

Date: 02-04-2026
Business: None for Plaintiff.
Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd  to 02.07.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-07-2026

Date: 02-07-2026
Business: None for Plaintiff.
Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd  to 25.08.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-08-2026

Date: 25-08-2026
Business: None for Plaintiff.
Adv. Rohan Desai h/f Adv. Vikram Walawalkar a/w Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd  to 03.11.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-11-2026

Filing Number: 105298/2020
Filing Date: 28-10-2020
First Hearing Date: 09th November 2020
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE