Date: 16-04-2018
Business: Resumed.
Adv. Vaibhav Mehta tender registered NM No. 1572/2018 with affidavit. Adv. Chandramore with Mr. Ravindra Shelke, Sub Engineer, D ward, are present. The defendant has not filed any reply or documents.
Heard, Adv. Mehta, Adv. Chandramore on the point of ad-interim reliefs.
Adjd. For orders on ad-interim reliefs to 17.04.2018.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 17-04-2018
Date: 17-04-2018
Business: Resumed.
Adv. J. S Shukla holding for Adv. Mehta for plaintiff.
FRSR the following order is passed in NM No. 1572/2018
ORDER
1. Ad-interim relief is rejected.
2. Certified copy of the order is expedited.
Adv. J.S. Shukla prays for protection till the plaintiff challenges the order before the Hon\''ble High Court.
On the other hand Adv. Rawade holding for Adv. Chandramore objected to grant such protection. Earlier no such protection was granted to the suit structure by order of this Court and therefore the prayer for granting such protection is rejected.
Adjd. for reply to NM to 15.06.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2018
Date: 15-06-2018
Business: Resumed.
The P.O. is on leave, hence board is discharged.
Adjd for direction to 02.07.2018
Next Purpose: DIRECTIONS
Next Hearing Date: 02-07-2018
Date: 02-07-2018
Business: Resumed.
None for plaintiff. Adv. Chandramore for MCGM is present.
Adv. Chandramore seeks time to file to NM. Time is granted.
Adjd for NM reply to 20.08.2018.
L.O. at 3.30 p.m. Adv. Pande appared in the matter.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2018
Date: 20-08-2018
Business: Resumed.
Adv. Mitali Shah for plaintiff is present.
Adv. Patil for MCGM seeks time to file reply to NM.
Adjd for NM reply to 15.10.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-10-2018
Date: 15-10-2018
Business: Resumed.
Adv. Nitish Pande for plaintiff is present.
Adv. Ms. Patil for MCGM seeks time to file reply to NM. Granted as last chance. Adv. Pande submits that A.O. against the order dtd. 17.04.2018 is pending.
Adjd for NM reply to 28.01.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2019
Date: 28-01-2019
Business: Resumed.
Adv. J. S. Shukla for plaintiff is present.
Adv. Ms patil for MCGM is on leave.
Earlier order if any to continue till the next date.
Adjd for NM reply to 18.03.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2019
Date: 18-03-2019
Business: Adv.Mr.Nitesh Pandey for plaintiff present.
Adv.Mrs.Patil for defendant/MCGM present.
Reply not filed. Last chance is given to file reply.
Matter adjd to 12.04.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-04-2019
Date: 18-03-2019
Business: Adv.Mr.Nitesh Pandey for plaintiff present.
Adv.Mrs.Patil for defendant/MCGM present.
Reply not filed. Last chance is given to file reply.
Matter adjd to 12.04.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-04-2019
Date: 12-04-2019
Business: As Court is busy in dictating judgment in SU No.558/2006, hence board discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-07-2019
Date: 03-07-2019
Business: Plaintiff and his Adv.absent.
Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
Matter adjd to 14.08.2019 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-08-2019
Date: 14-08-2019
Business: Matter adjd to 19.09.2019 for Taking steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Plaintiff and Adv. Mr. Yadav present.
Adv. Mr. Patil for defendant/MCGM present.
Matter adjd to 14/10/2019 for reply on N/M.
Next Purpose: REPLY
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Plaintiff absent and Adv. Mr. Shukla present.
Adv. Mr. Patil for defendant/MCGM present.
Matter adjd to 18/11/2019 for reply.
Next Purpose: REPLY
Next Hearing Date: 18-11-2019
Date: 14-10-2019
Business: Plaintiff absent and Adv. Mr. Shukla present.
Adv. Mr. Patil for defendant/MCGM present.
Matter adjd to 18/11/2019 for reply.
Next Purpose: REPLY
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Adv. For plaintiff absent.
Adv. Mr. Patil for respondent/MCGM present.
Matter adjd to 29/11/2019 for NM arg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2019
Date: 18-11-2019
Business: Adv. For plaintiff absent.
Adv. Mr. Patil for respondent/MCGM present.
Matter adjd to 29/11/2019 for NM arg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2019
Date: 29-11-2019
Business: Wrongly on board. Already adjd. To 16/12/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2019
Date: 29-11-2019
Business: Adv. Ms. Indira Bhushan for plaintiff presnet.
Adv. Mr. Patil/Mrs. Tondwalkar for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 20/01/2020 for hrg. On n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2020
Date: 16-12-2019
Business: As Court is busy in hearing arguments, passing orders and misc. work hence, board is discharge.
Matter adjd to 10/02/2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2020
Date: 16-12-2019
Business: As Court is busy in hearing arguments, passing orders and misc. work hence, board is discharge.
Matter adjd to 10/02/2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: As Court is busy in hearing arguments, recording evidence, passing orders and misc. work hence, board is discharged.
Matter is adjd to 30/03/2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-03-2020
Date: 10-02-2020
Business: As Court is busy in hearing arguments, recording evidence, passing orders and misc. work hence, board is discharged.
Matter is adjd to 30/03/2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 02.06.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-06-2020
Date: 22-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 02.06.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: COVID-19 LOCKDOWN.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-06-2020
Date: 02-06-2020
Business: COVID-19 LOCKDOWN.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-09-2020
Date: 29-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-12-2020
Date: 02-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: As P.O. is on Leave, hence matter is adjd. to.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-01-2021
Date: 18-12-2020
Business: As P.O. is on Leave, hence matter is adjd. to.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: None present for plaintiff.
Adv Soraan present for MCGM/defendant.
Matter adjourned for steps to 12.02.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-02-2021
Date: 13-01-2021
Business: None present for plaintiff.
Adv Soraan present for MCGM/defendant.
Matter adjourned for steps to 12.02.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv for plaintiff absent.
Adv Soraan/Nandanwar present for MCGM/defendant.
Defendants adv. sought adjournment.
Matter adjourned to 10/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-03-2021
Date: 12-02-2021
Business: Adv for plaintiff absent.
Adv Soraan/Nandanwar present for MCGM/defendant.
Defendants adv. sought adjournment.
Matter adjourned to 10/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: As court is on leave hence matter is adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2021
Date: 10-03-2021
Business: As court is on leave hence matter is adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Adv. Thakar present for plaintiff.
Adv. soraan for MCGM/defendant.
Plaintiff\''s adv requested time
Matter adjourned for NM Arg. to. 28/04/2021
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: Due to covid-19 pandemic, matter is adjd. to
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-07-2021
Date: 28-04-2021
Business: Due to covid-19 pandemic, matter is adjd. to
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: As presiding officer is on leave today hence matter is adjourn to
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Adv. Nitesh present for plaintiff and sought adjournment.
Adv. Amol Diwate present for MCGM/defendant.
Matter adjourned for NM argument on 29-09-2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 29-09-2021
Date: 25-08-2021
Business: Adv. Nitesh present for plaintiff and sought adjournment.
Adv. Amol Diwate present for MCGM/defendant.
Matter adjourned for NM argument on 29-09-2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. Nilesh Pandey present for plaintiff and he requested time.
Adv. Kumuda Soraan @ Adv. Amol Diwate present for MCGM/defendant.
Matter adjourned for nm arg. to. 12/11/21
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-11-2021
Date: 29-09-2021
Business: Adv. Nilesh Pandey present for plaintiff and he requested time.
Adv. Kumuda Soraan @ Adv. Amol Diwate present for MCGM/defendant.
Matter adjourned for nm arg. to. 12/11/21
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: adv. pandy present for plaintiff and sought adjournment.
Adv. soraan present for MCGM/defendant.
Matter adjourned for nm arg. to. 12/01/21.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-01-2022
Date: 12-11-2021
Business: adv. pandy present for plaintiff and sought adjournment.
Adv. soraan present for MCGM/defendant.
Matter adjourned for nm arg. to. 12/01/21.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence , Matter adjourned to
Next Purpose: NM ARGUMENTS
Next Hearing Date: 18-02-2022
Date: 12-01-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence , Matter adjourned to
Next Purpose: NM ARGUMENTS
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv. Nitesh pandey present for plaintiff and sought adjournment..
Adv. Soraan present for MCGM/defendant.
Matter adjourned for nm arg. to 06/04/22.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 04-03-2022
Date: 18-02-2022
Business: Adv. Nitesh pandey present for plaintiff and sought adjournment..
Adv. Soraan present for MCGM/defendant.
Matter adjourned for nm arg. to 06/04/22.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Coram H.H.J. Smt. S.G. Shaikh, City Civil Court, Mumbai.(C.R.06)
Original writ received from Hon\''ble Bombay High Court in civil application no. 242/2019 in AO No. 205/19 Order dtd. 22-02-2022.
(Coram Sandeep K . Shinde, J.)
1. List the appeal for final hearing on 08-03-2022.
2. Ad-interim order, if any, granted earlier, shall continue to operate till then.
O- Sheristedar is directed to comply notice be served upon respondent through sheriff.
I/c Judge
Next Purpose: NM ARGUMENTS
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: None for Plaintiff.
Adv. Smt. Kumud Soraan for MCGM/ defendant present.
Matter is adjd for NM hearing on 20-06-2022
Next Purpose: NM ARGUMENTS
Next Hearing Date: 13-04-2022
Date: 06-04-2022
Business: None for Plaintiff.
Adv. Smt. Kumud Soraan for MCGM/ defendant present.
Matter is adjd for NM hearing on 20-06-2022
Next Purpose: NM ARGUMENTS
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: By precipe
Plaint at Exh.1.
V/P at Exh.2.
Memorandum of address at Exh.3.
List of documents at Exh.4.
Affidavit in support of plaint. Exh.5
Adv. Pandey for Plaintiff present.
Adv Sorran Sonawane for defendant present tendered affidavit in
reply and W/S.TOR. Exh.6 and she also tendered list of
documents. TOR. Exh.7.
Copies served upon other sides.
Plaintiff is requested time to file rejoinder. Granted.
Matter is adjd for NM expedited on 26-04-2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: As presiding officer is on training at Uttan. Hence, matter is adjourned to
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 02-05-2022
Date: 26-04-2022
Business: As presiding officer is on training at Uttan. Hence, matter is adjourned to
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: HCTB
Adv. Nilesh Pandey for Plaintiff.
Adv. Soraan present for BMC/Defendant.
Plff adv tendered application for adjournment. t.o.r. Order- Otherside to say.
Say filed by Deft advocate.
Order- Read the application and say. It is necessary to note that thus matter is made time bound by the order of Hon\''ble High Court in Appeal from order No. 205/2019 with Civil Application No. 242/2019 and it is directed to depose of the matter till 06/05/2021. The pleading are completed and parties are known about the above order. Therefore, it is not possible to adjourn the matter on same other day.
Hence application stands rejected.
The NM is not argue by the Plaintiff side though the application for adjournment stood rejected. hence I proceed to hear the deft on the NM.
NM is partly heard for Deft.
Matter is adjd for Defts remaining argument on 04/05/2022.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: Adv. Mitali Shah for Plaintiff present.
Adv. Sorran for MCGM/ defendant present.
Sub Engineer, Mr.Sandip Kharat, attached to Building and Factory Department (D ward) present.
Heard advocate for defendant.
Adv. for Plaintiff made submission that her senior advocate is suffering from viral fever and unable to appear for argument on NM. They are preparing to get extention from Hon\''ble High Court. Therefor, matter may be adjourned to next date for argument on NM. It is pertinent to note that the matter is made time bound by Hon\''ble High Court and this Court is not in receipt of any order of extention of time for disposal of NM. Hence, in said circumstances it is undesirable to grant any adjournment to the plaintiff for arguments on NM. On last date also similar prayer for adjournment was made and rejected. The defendant side has already argued on last day. Hence, considering all these circumstances, the prayer for grant of adjournment is rejected and the matter be posted for orders on NM No. 1572/18 on next date.
Matter is adjd for order on NM on 05-05-2022
L.O. at 3.00 pm
Adv for Plaintiff has filed application for adjournment. TOR.Exh.8
O- Other side to say.
Say filed by defendant.
Order on Exh.8
Putting the similar submission as has been made orally in the first half. The submission is not supported by any medical documents. There is nothing is record to show that the Plaintiff has applied for extention of time before Hon\''ble Bombay High Court. Hence I am not inclined to grant adjournment in this matter. Hence application stands rejected.
Matter is adjd for order on NM on 05-05-2022
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Adv Shah for Plaintiff present.
Adv. Smt. Vidya Vyavahare h/f Adv Sorran for MCGM/ defendant present.
FRSR THE FOLLOWING ORDER IS PASSED ON NOTICE OF MOTION NO.1572 OF 2018
ORDER
1. Notice of Motion No.1572/2018 stands dismissed.
2. The prayer for grant of interim relief stands dismissed.
3. Notice of Motion No. 1572/2018 is disposed off accordingly.
Adv for Shah Plaintiff filed stay application. TOR. Exh.9
Adv for deft filed say.
ORDER ON EXH.9
Read the application and say. Perused the record. It transpires that this Court has rejected ad-interim relief and therefore, said order came under challenge before Hon\\\''ble Bombay High Court in Appeal in from order 205 of 2019. It reveals that Hon\\\''ble Bombay High Court has granted interim protection by order till disposal of notice of motion. Notice of Motion is dismissed today itself. The plaintiff has apprehension that the notice structure will be demolished if said interim order is not extended. It is pertinent to note that the interim protection granted by Hon\\\''ble Bombay High Court cannot be extended by this Court. However, the record shows that the adv for Plaintiff could not participate at the hearing of Notice of Motion on account of alleged ill health. The interim protection granted by Hon\\\''ble Bombay High Court prevailed till today and the Plaintiff inclines to challenged the order passed by this court before Hon\\\''ble Bombay High Court. Hences in order to facilitate reasonable opportunity to the plaintiff to opt for legal remedy of appeal and to challenge the order on notice of motion, it would be in the interest of justice to stay the execution and operation of said order on notice of motion for 5 weeks.
Hence this order
1. Application is partly allowed.
2. The execution and operation of the order on notice of motion is stayed for 5 weeks from the date of order.
Authenticated copy of today\\\''s roznama be given to the parties if requested.
Matter is adjd for issues on 20-07-2022
Nature Of Disposal: DISMISSED
Disposal Date: 05-05-2022