Date: 16-04-2018
Business: Advocate Ms. Rubia Taneja for the plaintiff present.
Advocate Mr. Giri for BMC/deft present.
Original N/M no. 1576/18 alongwith affidavit in support tendered by the plaintiff. t .o.r.
BMC Officer Mr. Harshad Nalawade Junior Engineer present and he submitted that 70 percent of the building is vacated.
At this stage, plaintiff is present and the Ld adv for the plff submitted that in view of the guidelines of WP (L) no. 1135/14, the plaintiff intends to appoint their private Engineer and submit this structural Audit report on record. The plaintiff is directed to file an undertaking on record that he is occupying the premises on his own risk and MCGM will not be held responsible, if any, untoward incident takes place, till next date, no coercive action shall be taken.
Matter adjd to 6.06.2018 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 06-06-2018
Date: 06-06-2018
Business: Adv. Ms. Rubia Taneja for plaintiff present.
Adv. Mr. Giri for BMC present.
Advocate of plaintiff filed undertaking given as per the WP no. 1135/14.
Earlier order if any, to continue till next date.
Adjd to 13.6.2018 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-06-2018
Date: 13-06-2018
Business: Adv. Ms. Rubina Taneja for plaintiff present.
She filed additional affidavit in support of N/M.
Earlier order if any, to continue till next date.
Adjd to 29.6.2018 for N/M rejoinder/hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2018
Date: 29-06-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2018
Date: 09-07-2018
Business: Plff and Adv. absent.
Adv. Mr. Giri for defendant / BMC present.
Earlier order to continue till next date.
Adjd. to 23.07.2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2018
Date: 23-07-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2018
Date: 13-08-2018
Business: Adv Taneja for plff present.
Adv Giri for BMC/deft present.
K.B..
Later on..
Adv Taneja for plff present.
Adv Giri for BMC/deft present.
Heard argument partly of plff\''s adv
Earlier order to continue till next date.
Adjd to 16/08/2018 for arguments (PH).
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 16-08-2018
Date: 16-08-2018
Business: Plff present. Adv Taneja for plff present.
Adv Jyoti Mhatre for BMC/deft present.
Adv Wagle for applicant present and tendered draft ch/sum and vakalatnama as Exh.2.
Order - Leave is granted to register the ch/sum.
Heard arguments on NM by the plff.
Earlier order to continue till next date.
Adjd to 24/08/2018 for arguments on NM by deft and reply to ch /sum.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 24-08-2018
Date: 24-08-2018
Reason For Adjournment: court time is over
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 29-08-2018
Date: 29-08-2018
Business: Adv.Rubia Taneja for plaintiff present.
Adv. Mhatre for defendant no. / BMC present.
Earlier order to continue till next date.
Matter adjd. to 7.9.18 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-09-2018
Date: 07-09-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2018
Date: 01-10-2018
Business: Adv. Rubia Taneja for plaintiff present.
Adv. Mhatre for defendant no. / BMC present.
Adv. for deft. filed Addl. affidavit to notice of motion. Tor
copy served to other side.
Heard arguments of Adv. of plaintiff Partially.
Earlier order, if any, to continue till next date.
Matter adjd. to 8.10.18 for Further Arguments of plaintiff.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 08-10-2018
Date: 08-10-2018
Business: Adv. Rubia Taneja for plaintiff present.
Adv. Mhatre for defendant no. / BMC present.
K.B.
L.O
Same appearance.
Partly heard arguments of Adv. of plaintiff.
Earlier order, if any, to continue till next date.
Matter adjd. to 22.10.18 for Arguments P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 22-10-2018
Date: 22-10-2018
Business: Adv. Rubia Taneja for plaintiff present.
Adv. Mhatre for defendant no. / BMC present.
Earlier order, if any, to continue till next date.
Matter adjd. to 31.10.18 for Arguments P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 31-10-2018
Date: 31-10-2018
Reason For Adjournment: court time is over
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-12-2018
Date: 03-12-2018
Business: Adv Ms.Rubia Taneja for plff present and filed draft N/m and rejoinder. Leave granted to register the N/m.
Copy is served to other side.
Adv Mr.Kuber Wagale for applicant present and filed vakalatnama, draft ch/s and affdvt in support of ch/s taken on record.
Adv Mrs.Mhatre for deft/BMC present.
Leave granted to register the N/M and Ch/s.
Adjd to 04.12.2018 for order on ad-interim relief.
Next Purpose: ORDER
Next Hearing Date: 04-12-2018
Date: 04-12-2018
Business: Son of plff present and ten dered original NM NO.4546/18 alongwith affidavit.
Adv Mrs.Bhoir for BMC/deft. present
Order on ad-interim relief -
By the instant notice of motion the plaintiff has prayed for temporary injunction restraining the defendant/corporation from canceling license of plaintiff pursuant to notice come order no. ACL/162/MOHN/dated 8/06/2018, from harassing and disturbing the plaintiff in carrying her peaceful business activity and directing the defendant to renew the hotel business license of plaintiff.
The record shows that the plaintiff has challenged notice u/s.354 of MMC Act which provides for removal of structures etc which are in ruins or likely to call. Accordingly to learned advocate for plaintiff, the defendant/corporation has cancelled hotel business license of the plaintiff on the basis of issuance of said notice to remove the structure even though the suit is pending challenging the said notice. She has further added that the license issuing authority is the same defendant and therefore, the defendant/corporation needs to be restrained in terms of prayer clauses.
It is not in dispute that the health department of the corporation issues licenses u/s.394 of the MMC Act. The plaintiff had not challenged the notice come order dated 8/06/2018 in this suit. No amendment is carried out in the plaint to the effect. Therefore, when there is no relief in respect of the said notice in the plaint, interim relief also cannot be granted in respect of the said notice.
The plaintiff has also prayed to direct the defendant/corporation to renew hotel business license of the plaintiff. However, the defendant/corporation is the independent authority to decide about renewal of the license. Civil Court cannot give mandatory injunction to the authority to pass an order in a particular manner. If the authority acts malafide or without following principles of natural justices then the civil court can entertain prayers to set-aside the orders. In this matter ad-interim relief in terms of prayer clauses (a), (b), (c) cannot be granted. Hence, ad-interim relief is rejected.
Earlier order, if any, to continue till next date.
Adjd to 5/01/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-01-2019
Date: 05-01-2019
Business: Adv Rubia Taneja for plff present.
Adv Mhatre h/f adv Bhoir for BMC/deft. present.
Adv Bharucha for applicant present and tendered original ch/sum no.2258/18 alongwith affidavit in support. It is TOR.
Heard argument on NM of Ld adv for plff.
Adjd to 14/01/2019 for arguments of deft.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 14-01-2019
Date: 14-01-2019
Business: Adv Rubia Taneja for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
K.B..
Later on..
Adv Rubia Taneja for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Adv Mr.Kuber Wagle for applicant present.
Heard arguments of ld adv for BMC/deft.
Adjd to 25/01/2019 for NM orders.
Next Purpose: NM ORDERS
Next Hearing Date: 25-01-2019
Date: 25-01-2019
Business: Adv Rubia Taneja for plff present.
Adv Mrs.Bhoir for BMC/deft. present.
Earlier order, if any, to continue till next date.
Adjd to 11/02/2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 11-02-2019
Date: 11-02-2019
Business: Plaintiff present. Adv. for plaintiff absent.
Adv. Bhoir for Defendant/MCGM present.
Ld. Advocate for defendant orally submits that the matter is referred to TAC and the report is awaited.
Earlier order, if any, to continue till next date.
Adjd. to 01.03.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 01-03-2019
Date: 01-03-2019
Business: (Incharge Court of C.R.No.8)
Adv. Ms.Rubia Taneja for Plaintiff present.
Adv. Mr. Diwate for deft/BMC present.
Earlier order to continue till next date.
Matter adjd. to 25.03.2019 for N/m Order
Next Purpose: NM ORDERS
Next Hearing Date: 25-03-2019
Date: 25-03-2019
Business: Adv. Ms. Rubiya Taneja for Plff present.
Adv. Mrs. Bhoir for MCGM/Deft present.
Ld. Adv. for Deft/MCGM oral requests for two weeks time to obtain instructions from concerned officer.
Earlier order, if any, to continue till next date.
Adjd to 5/4/2019 for N/M order.
Next Purpose: NM ORDERS
Next Hearing Date: 05-04-2019
Date: 05-04-2019
Business: None for Plff.
Adv. Mrs. Bhoir for MCGM/deft. present.
KB - LO at 3.45 p.m.
Plff present and his Adv. absent.
Adv. Mrs. Bhoir for MCGM/deft. present.
Officer Mr. Harshad Nalawade, T.E. (N-Ward),
MCGM present.
Earlier order, if any, to continue till next date.
Adjd to 3/5/2019 for N/M orders.
Next Purpose: NM ORDERS
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Business: Adv. Ms. Rubiya Taneja for Plff present.
Adv. Mrs. Bhoir for MCGM/Deft present.
Ld. Adv. for Deft submits that the Plffs are not allowing the structural auditor to conduct inspection of the suit building. Roznama shows that from February 2019 the matter is pending for N/M order and report of TAC was awaited. As submitted rightly by Ld. Adv. for Plffs has argued on N/M way back in December 2018 and thereafter Ld. Adv. for Deft/ MCGM has also argued in January 2019. Therefore it will not be proper to further wait for TAC report and the matter is fixed for order on next date.
Earlier order, if any, to continue till next date.
Adjd to 10/6/2019 for N/M order.
Next Purpose: NM ORDERS
Next Hearing Date: 10-06-2019
Date: 10-06-2019
Business: Adv. Rubia Taneja for Plaintiff present.
Adv. Ms. Patil for Defendant/BMC present.
FRSR the following order is passed on NM no. 1576/18.
ORDER
1. Notice of Motion is partly allowed in terms of prayer clause (a) and the defendant MCGM is temporarily restrained from acting in pursuance of the notice no.CAN/037/GEN/B and F dated 10/04/2018 and notice no.CAN/15/MCH N/DATED 05/04/2018 purported to be under section 354 of the MMC Act till the Technical Advisory Committee follows the guidelines issued by the defendant MCGM which are approved on 23.02.2018 in respect of buildings in dilapidated condition and passes order in accordance with the same Policy.
2. Notice of motion is disposed off accordingly.
3. Costs in cause.
Adjd. to 23.07.2019 for Ch/s reply/hearing
Nature Of Disposal: ALLOWED
Disposal Date: 10-06-2019
