Date: 10-05-2019
Business: Adv.Nichani with Adv.S.T.Manek for the plaintiff present and tendered registered NM 1775/19 with affidavit in support.
AGP Shri.Kudalkar for defendant Nos.1 to 3 present and filed reply to NM 1775/19.
Adv.Patil for defendant no.4 present and seeks time to file reply to NM.
Heard learned advocates for the parties on prayer made by the plaintiff for grant of ad-interim protection to the plaintiff.
Order- Learned advocate for the plaintiff submitted that there is apprehension of removal of suit hoarding by the defendants if ad-interim protection till filing of reply by defendant no.4 is not granted in favour of the plaintiff. She argued that suit hoarding is in existence since year 2001 and police authorities have given permission to use neon lights for the suit hoarding in year 2005 due to which, it is necessary to grant ad-interim protection.
As against this, Learned AGP for defendant Nos.1 to 3 vehemently opposed the prayer for grant of ad-interim relief by submitting that as per the guidelines issued in year 2008, plaintiff is not entitled to use illumination for suit hoarding hence, legal notice is served on the plaintiff for removing said illumination as it is proving to be dangerous to road traffic and public at large as there are chances of happening untoward incident of accidents as the drivers of the vehicles may get disturbed due to the illumination. He argued that the suit hoarding is at a distance of 11 mtr only from the traffic signal which is against guidelines issued in clause 16(d) of Section 328 and 329 of MMC Act as said clause prescribes that hoarding shall be at a distance of more than 25 meter from the traffic signal.
Having gone through the record, I found that the suit hoarding is in existence since last about 19 years and permission to use neon lights for making its use appears to have granted by the Police Authorities way back in year 2005. Even though learned AGP submitted that plaintiff is not entitled for interim protection on the basis of the permission granted by Police Authorities in year 2005 in view of the guidelines issued subsequently in year 2008, it appears to be an admitted fact that despite issuance of those guidelines in year 2008, defendants have not taken any action in respect of the suit hoarding for a period of around 11 years and impugned notice is issued to the plaintiff in year-2019. Considering those aspects of the matter, I am of the opinion that it is necessary to grant interim protection to the plaintiff till next date as defendant no.4 is not in a position today to file its reply. Prima facie case appears to be in favour of the plaintiff for issuing direction to maintain statusquo as on today till next date otherwise, the very purpose of filing this NM may get frustrated. Thus, parties to maintain status quo in respect of the suit hoarding till next date.
By consent, matter is adjourned to 06.06.2019 for filing reply to NM by defendant no.4.
On request of advocates for parties, authenticate copies of todays roznama be given to them.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2019
Date: 06-06-2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2019
Date: 14-06-2019
Business: Adjd
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2019
Date: 02-07-2019
Business: Adjd
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2019
Date: 06-07-2019
Business: Adjd
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-07-2019
Date: 14-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-07-2019
Date: 28-07-2019
Business: Adjd
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Court is busy hearing urgent matters. Hence board is discharged.
Matter adj for hearing to 07.02.2020.
Next Purpose: HEARING
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: matter adjd to 30.03.2020
Next Purpose: HEARING
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Next Purpose: HEARING
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Next Purpose: HEARING
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Next Purpose: HEARING
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: HEARING
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 11-09-2020
Date: 14-09-2020
Business: Due to direction to combat Corona Virus, board is discharged as
only matters for argument are taken up.
Next Purpose: HEARING
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: None present for the plaintiff.
None present for the defendant.
Matter is adjd. to 06.03.2021 for N/M reply
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Director of the plaintiff is present.
None for defendants.
Matter is adjd. to 28/04/2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: due to covid-19
Next Purpose: REPLY
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: REPLY
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: As Court is busy is in hearing argument in SU 1954/21 NM 2416/21 and precipe matters. Hence, Board is discharged. Matter is adjd. to 08.02.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 21.04.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Date: 22-07-2022
Business: Adv. Hardik Desai present for plaintiff. Adv. Darshan Jain hf adv. kudalkar present for defendant 01 to 03. Adv. Chandramore present for defendant/MCGM and sought adjournment to file reply to the nm. Matter adjourned for nm reply as a last chance to 17/08/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: Adv Hardik Desai present for plaintiff.
Adv Chandramore present for defendant no. 04/MCGM and sought time to file reply.
None present for other defendants.
Matter adjourned for Notice of Motion reply/No reply order to 12.09.22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant/MCGM and sought adjournment to file reply.
None present for other defendants.
Matter adjourned for no reply order to 04/10/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant/MCGM and sought adjournment to file reply.
It appears that Inspite of just opportunities, defendants no. 04 did not filed reply to the nm no. 1775/2019, Hence, notice of motion no. 1775/2019 be proceeded without reply of defendants no. 04.
None present for other defendants.
Matter adjourned for nm hearing to 18/11/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: AdvMitesh present for plaintiff and sought adjournment.
Adv Priyankar Gaonkar h/f Adv Kudalkar present for defendant no. 01 to 03.
Adv Chandramore present for defendant no. 04/MCGM.
Matter adjourned for Notice of Motion hearing to 19.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: Adv. Hardik Desai present for plaintiff and sought adjournment.
Adv. Kudalkar present for the defendant no. 01 to 03..
Adv. Chandramore present for defendant 04/MCGM.
Matter adjourned for nm hearing to 06/02/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: Director of Plaintiff Mr. Sukesh Vora in person present and tendered application for adjournment. t.or.. marked as Exh. 06.
Order on Exh 06.
O- Considering the reason application is allowed.
Adv. Chandramore present for defendant/MCGM.
None present for other defendants.
Matter adjourned for nm hearing to 20/03/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2023
Date: 20-03-2023
Business: None present for plaintiff.
Adv. Chandramore present for defendant no. 04/MCGM.
None present for other defendants.
As plaintiff and his adv. are absent, Matter adjourned for dismissal order of nm no. 1775/2019 to 19/04/2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: Adv. Hardik Desai present for plaintiff and sought adjournment.
Adv. Chandramore present for defendant no. 4/MCGM.
None present for other defendants.
Matter adjourned for nm hearing to 12/06/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: As court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: Adv. Hardik Desai present for plaintiff. He sought an adjournment.
Adv. Chandramore present for defendant no. 4/MCGM.
Adv. Suraj Kudalkar for defendant/State present.
Matter adjourned for NM hearing to 13.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: As court is on leave. Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: Adv. Hardik Desai present for plaintiff.
Adv. Chandramore present for defendant no. 4/MCGM.
Adv. Pathak h/f Adv. Suraj Kudalkar for defendant No. 2 to 5.
Earlier order if any to continue till next date.
Matter adjourned for NM hearing to 13.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2023
Date: 13-12-2023
Business: As court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2024
Date: 05-02-2024
Business: Adv. Hardik Desai present for plaintiff.
Adv. Chandramore present for defendant no. 4/BMC.
Earlier order, if any, to continue till next date.
On oral request of plaintiff, Matter adjourned for NM hearing to 01.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2024
Date: 01-04-2024
Business: Adv. Hardik Desai present for plaintiff. He prays for an adjournment.
Adv. Chandramore present for defendant no. 4/BMC.
Adv. Martina Sapkal present for defendant/State.
Heard partly argument of learned counsel of plaintiff on Notice of motion No.1775/2019.
Earlier order, if any, to continue till next date.
Matter adjourned for NM hearing to 03.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: Adv. Yash Gawade h/f. Adv. Hardik Desai present for plaintiff.
Adv. Chandramore present for defendant no. 4/BMC.
Adv. Krishna Yadav h/f. Adv. Martina Sapkal present for defendant/State.
Earlier order, if any, to continue till next date.
Matter adjourned for NM hearing to 19.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2024
Date: 19-04-2024
Business: Adv. Simran Choudhary h/f. Adv. Hardik Desai present for plaintiff.
Adv. Pradnya Chandramore present for defendant no. 4/BMC.
Adv. Priyanka Gaonkar h/f. Adv. Martina Sapkal present for defendant/State.
Earlier order, if any, to continue till next date.
On oral request of advocate for plaintiff, Matter adjourned for NM hearing to 21.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: Adv. Hardik Desai present for plaintiff.
Adv. V. G. Shinde present for defendant no. 4/BMC.
Adv. Amit Kapse h/f. Adv. Martina Sapkal present for defendant/State.
Earlier order, if any, to continue till next date.
Matter adjourned for NM hearing to 22.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2024
Date: 22-07-2024
Business: Adv. Hardik Desai present for plaintiff.
Adv. Martina Sapkal for defendant Nos.1 to 3/State present.
Adv. Apurva Dalal present for defendant No. 4/BMC. She is not ready with argument today. She prays for an adjournment. Adjournment is granted as last chance.
Earlier order, if any, to continue till next date.
Matter adjourned for NM hearing to 09.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2024
Date: 09-08-2024
Business: Adv. Hardik Desai present for plaintiff.
Adv. Martina Sapkal for defendant Nos.1 to 3/State present.
Adv. Apurva Dalal for defendant/BMC present.
Earlier order, if any, to continue till next date.
Matter adjourned for NM hearing to 13.09.2024.
J
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2024
Date: 13-09-2024
Business: Adv. Hardik Desai present for plaintiff.
Adv. Priyanka Gaonkar h/f Adv. Martina Sapkal for defendant Nos.1 to 3/State present.
Adv. Apurva Dalal for defendant/BMC present.
Earlier order, if any, to continue till next date.
Matter adjourned for NM hearing to 24.09.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2024
Date: 24-09-2024
Business: Mr. Sukesh Vora, Director of plaintiff present.
Adv. Apurva Dalal for defendant No.4/BMC present. She tendered draft notice of motion along with affidavit in support and along with affidavit in reply to NM No.1775/2019. O-Leave granted.
Earlier order, if any, to continue till next date.
Copy of draft notice of motion and affidavit and reply tendered to plaintiff.
Matter adjourned for NM reply to 11.11.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-11-2024
Date: 11-11-2024
Business: P. O. is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-12-2024
Date: 12-12-2024
Business: Adv. Tajas Shah plaintiff present.
Adv. Amar Patil h/f. Adv. Apurva Dalal for defendant No.4/BMC present.
Adv. Amit Kapse h/f. Adv. Kudalkar for defendant/State present.
Earlier order, if any, to continue till next date.
Matter adjourned for NM reply to 29.01.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: Adv. Hardik Desai plaintiff present. He tendered reply to NM No.5007/2024. Taken on record.
Adv. Apurva Dalal for defendant No.4/BMC present. She tendered registered NM No.5007/2024. t.o.r.
Heard both sides on NM No.5007/2024
Order on Notice of Motion No.5007/2024
By way of present notice of motion, defendant No.4/BMC seek setting aside no reply order dated 04.10.2022.
Ld. Adv. for defendant No.4 submits that, due to transfer of the employees and due to communication gap, reply could not be filed within time. She submits that, the delay is not intentional or deliberate. Ld. Adv. submits that, the draft reply is ready, however due to inadvertence it remained to get affirmed. She submits that, today she will file draft reply and further undertake to file affirmed reply on next date.
Ld. Adv. for plaintiff though objects the notice of motion on the ground of lack of sufficient reasons, however in-alternate submits to pass appropriate order.
Considering the nature dispute involved in the matter, I find that, reply by BMC is necessary for just disposal of the suit. Although there is delay on the part of the BMC. I find it just and proper to condone the delay and permit BMC to file reply. Hence, the order
ORDER
1. Notice of Motion No.5007/2024 is allowed.
2. Defendant No.4 is permitted to file draft reply today and copy of affirm reply on next date.
Ld. Adv. for defendant No.4/BMC tendered draft reply to NM No.1775/2019. t.o.r.
Matter adjourned for Hearing NM No.1775/2019 to 21.04.2025.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2025
Date: 21-04-2025
Business: Adv. Hardik Desai plaintiff present.
Adv. Apurva Dalal for defendant No.4/BMC present.
Matter adjourned for Hearing NM No.1775/2019 to 07.07.2025.
Earlier order, if any, to continue till next date.
Later on at 03.16 p.m.
Ld. Adv. for defendant/BMC submits that, she has already filed reply to NM and same is already placed on record.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2025
Date: 07-07-2025
Business: None present for plaintiff.
Adv. Pooja Nagarthawar h/f. Adv. Apurva Dalal for defendant No.4/BMC present.
Matter adjourned for Hearing NM No.1775/2019 to 25.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2025
Date: 25-08-2025
Business: Coram H.H.J. Shri. R.M. BHANDARWAR, City Civil Court, Mumbai.(C.R.09) (In-charge of C.R. No.08)
Adv. Hardik Desai present for plaintiff.
None for defendant.
Earlier order, if any, to continue till next date.
Matter adjourned for Hearing NM No.1775/2019 to 19.09.2025.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2025
Date: 19-09-2025
Business: Adv. Hardik Desai for plaintiff present and seek time. Time granted.
Adv. T.A. Dhotre h/f. Adv. Martina Sapkal for defendant No.1 to 3/State present.
Adv. Apurva Dalal for defendant No.4/BMC present.
Earlier order, if any, to continue till next date.
Matter adjourned for Hearing NM No.1775/2019 to 29.10.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2025
Date: 29-10-2025
Business: Coram: H.H.J. Shri. S. K. KARHALE, City Civil Court, Mumbai.(C.R.08)
Adv. Hardik Desai for plaintiff present.
Adv. Namrata Kharat h/f. Adv. Martina Sapkal for defendant No.1 to 3/State present.
Adv. Apurva Dalal for defendant No.4/BMC present.
Kept Back for argument
Heard advocate for plaintiff, defendant no. 1 to 3 and defendant no. 4 on NM 1775/2019.
Earlier order, if any, to continue till next date.
Matter adjourned for NM order 1775/2019 to 04.11.2025.
Judge
Next Purpose: NM ORDERS
Next Hearing Date: 04-11-2025
Date: 04-11-2025
Business: Adv. Neha Pandey h/f. Adv. Hardik Desai for plaintiff present.
Adv. Namrata Kharat h/f. Adv. Martina Sapkal for defendant No.1 to 3/State present.
Adv. Aslam Tadvi for defendant No.4/BMC present.
Ealier order, if any, to continue till next date.
Court is busy dictating judgment in Suit No.2436/2018, order in Ch/s. No.2020/2025, order in NM No.1734/2024 and NM 3863/2023 and order on draft NM in Suit No.1017/2025.
Matter adjourned for Order on NM 1775/2019 to 10.11.2025.
Next Purpose: NM ORDERS
Next Hearing Date: 10-11-2025
Date: 10-11-2025
Business: Adv. Hardik Desai for plaintiff present.
Adv. Namrata Kharat h/f. Adv. Martina Sapkal for defendant No.1 to 3/State present.
Adv. Aslam Tadvi for defendant No.4/BMC present.
F.R.S.R. following order passed on Notice of Motion No.1775/2019
ORDER
1. Notice of Motion No.1775/2019 is hereby rejected and disposed off accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 10-11-2025