Date: 13-06-2018
Business: Resumed.
Adv. Sana Shaikh for intervenor. Chamber Summons No. 739/2018 taken on board.
The P.O. is busy in judgment of Suit No. 7115 of 2001. For want of time the board is discharged.
Earlier order if any to continue till the next date.
Adjd for NM arguments to 03.08.2018.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-08-2018
Date: 03-08-2018
Business: Resumed.
Adv. Ms. Memon h/f Adv. Memon for plaintiffs filed reply to Ch/s. Adv. Sana Shaikh for applicant and Adv. Chandramore for MCGM are present. Earlier order if any to continue till the next date.
Adjd for arguments on Ch/s to 29.08.2018.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 29-08-2018
Date: 29-08-2018
Business: Resumed.
Adv. Memon for plaintiff, Adv.Sana Shaikh for applicant and Adv. Ms. Patil for MCGM are present.
Adv. Memon submits that issue as to jurisdiction of this court has been decided by holding that this court has jurisdiction to decide the suit. However, thereafter the defendant corporation has filed an application praying that in view of the directions given in W.P. No. 1132/2002, the plaintiff may be directed to approach competent authority of corporation for redress of the matter in dispute.
On the other hand the ld. Adv. For defendant submits that the said application should also be decided along with motion taken out by the plaintiff.
Considering rival submission the ld. Adv. For defendant is directed to consider whether the defendant wants to prosecute the application in view of the decision on the point of jurisdiction by this Court and make submission on next date. Earlier order if any to continue till the next date.
Adjd for Ch/s arguments to 08.10.2018.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 08-10-2018
Date: 08-10-2018
Business: Resumed.
Adv. Ms. Memon for plaintiff, Adv. Ms. Patil for BMC, Adv. Sana Shaikh for intervenor are present
Adv. Memon seeks time to argue N/M, Adv. Sana Shaikh seeks time to argue on chamber summons
Heard earlier it was directed to the defendant to consider whether the defendant wants to prosecute the application in view of the decision on the point of jurisdiction by this Court and make submissions. It appears from record that the learned Predecessor of this Court had been pleased to allow Notice of Motion no. 4728 of 2015 and thereby framed a preliminary issue as to the jurisdiction of this Court in view of order dated 30.07.2012 passed in W. P. no. 1132 of 2002. Thereafter, the plaintiff took out N/M no. 1714 of 2017 seeking deletion of the preliminary issue as to jurisdiction. Thereafter, on 08.09.2017, the defendant corporation sought for direction to the plaintiff to approach before the competent authority of the corporation in view of the aforesaid order passed in W. P. no. 1132 of 2002.
Adv. Ms. Memon submits that Adv. Shoeb Memon has undergone heart surgery and will resume by the end of this month. In the circumstances, matter is adjd for arguments on all pending notice of motions.
Earlier order if any to continue till the next date
Adjd for N/M and Ch/sum argument to 31.10.2018
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 31-10-2018
Date: 31-10-2018
Business: Resumed.
Adv. Shoaib Memon for plaintiff, Adv. Ms. Patil with Adv. Vikrant Parashurami for MCGM are present.
Heard, respective advocates on application at length.
Earlier order if any to continue till the next date.
Adjd for orders on application to 26.11.2018.
Next Purpose: ORDER
Next Hearing Date: 26-11-2018
Date: 26-11-2018
Business: Resumed.
Adv. Vikrant Parshurami with Adv. Ms. Patil for MCGM are present.
The P.O. is busy in hearing final arguments in Suit no. 2511/2016 and passing order on NM No.4234/2018 in Suit No. 2324/2005 and order on Exh. 46 In Suit no. 1780/2009.
Earlier order if any to continue till the next date.
Adjd for orders on Exh. To 10.12.2018.
Next Purpose: ORDER
Next Hearing Date: 10-12-2018
Date: 10-12-2018
Business: Resumed.
Adv. Ms. Memon for plaintiff and Adv. Vikrant Parshurami for MCGM are present.
The P.O. is busy in dictating judgment in Suit no. 112/2013 and hearing final arguments in Suit no. 144/2008. For want of time the board is discharged.
Earlier order if any to continue till the next date.
Adjd for order on Exh. to 11.12.2018.
Next Purpose: ORDER
Next Hearing Date: 11-12-2018
Date: 11-12-2018
Business: Resumed.
Adv. Ms. Memon for plaintiff and Adv. Vikrant Parshurami for MCGM are present.
The P.O. is busy in order in NM No. 4127/2018 in high Court time bound suit no. 1217/2008 and framing charge in Sessions Case no. 6/2016. The ld. Adv. For plaintiff tendered chart of dates and events in the matter. For want of time the board is discharged.
Earlier order if any to continue till the next date.
Adjd for order on application to 03.01.2019.
Next Purpose: ORDER
Next Hearing Date: 03-01-2019
Date: 03-01-2019
Business: Resumed.
Adv. Memon for plaintiff and Adv. Vikrant Parshurami for MCGM are present.
FRSR the following order is passed on application -
ORDER
1. The applications dated 08.09.2017, Exhibit- A in the respective suits are allowed.
2. The L. C. Suit no. 5300 of 2012, Suit no. 5301 of 2012, suit no. 5302 of 2012, Suit No. 5303 of 2012, Suit no. 5304 of 2012, Suit No. 5305 of 2012, Suit No. 514 of 2013, Suit No. 1162 of 2013, Suit no. 1163 of 2013, Suit No. 714 of 2013, Suit No. 891 of 2013, Suit No. 991 of 2013 and Suit no. 2770 of 2010 are disposed off by this common order.
3. The plaintiffs in all aforesaid suits are at liberty to approach the Appellate Authority / Additional Municipal Commissioner for redress of their grievance against the impugned orders on or before 04.02.2019.
4. The defendant corporation is directed that no coercive action be taken against the suit hoardings / sky signs till 04.02.2019.
5. The notices of motion, chamber summonses, if any, pending in the aforesaid suits are disposed off.
6. In each suit the respective parties to bear their own costs of the suit.
Nature Of Disposal: DISMISSED
Disposal Date: 03-01-2019