Namdev Revappa ChandanshiveVsMCGM +1 more

Date: 04-05-2018
Business: Adv. Pagare for Plaintiff present
Adv. Tondwalkar for BMC/Deft.present.
Draft Ch/s along with affidavit in support taken out by the Plaintiff for seeking amendment in the suit plaint. t.o.r.
The Plaintiff is at liberty to produce concerned documents, if the pff have, to the Defendant. Leave granted to register.
Matter adjd to 06-06-2018 for reply to N/m/reply to Ch/s/WS by the Defendant.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2018

Date: 06-06-2018
Business: Adv Khobragade for the plaintiff present.
Adv Tondwalkar for the def/BMC present.
Adjourned to 13.08.2018  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2018

Date: 13-08-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2018

Date: 27-08-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2018

Date: 21-09-2018
Business: None for Plaintiff.
Advocate Ms. Tondvalkar for BMC/Deft. present.
Court is busy in hearing Notice of Motions in suit nos.1555/15, 1584/15, 1714/18 and 1407/15, hence board is discharged and case is adjourned to 22/10/2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2018

Date: 22-10-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2018

Date: 19-12-2018
Business: Advocate Mr. Khobragade for Plaintiff present and submitted that, Chamber Summons is not served upon Plaintiff.  Applicant is directed to serve copy of Chamber Summons no.1912/18 upon Plaintiff and Defendant/BMC.
Advocate Ms. Richa Singh for applicant present.
Advocate for BMC/Deft present.
Plaintiff is directed to file registered Chamber Summons no.861/18 in the Court.
Case is adjourned to 13/02/2019 for reply to Chamber Summons no.1912/18 and registered Chamber Summons no.861/18 and hearing of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2019

Date: 30-01-2019
Business: Advocate Mr. Hemant Ingle for Plaintiff present and submitted that, Defendant/BMC has given notice dated 24/01/2019 to Plaintiff informing that on 29/01/2019 or any day thereafter notice structure will be demolished by BMC.  Learned advocate for Plaintiff also submitted that, he will take out Chamber Summons to amend the plaint for bringing on record this subsequent development hence matter may be kept at the earliest.
Advocate Ms. Tondwalkar for BMC/Deft present.
Case is adjourned to 04/02/2019 for Hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2019

Date: 04-02-2019
Business: Advocate Mr. Hemant Ingle i/b Adv. Khobragade for Plaintiff present and registered NM no.1925/18 and Chamber Summons no.246/19 and 861/18 with affidavits in support, t.o.r.
Advocate Mr. Shrinavas Singh for applicant present.
Advocate Mr. Walavalkar @ Tondwalkar for BMC/Deft present and filed reply-cum-written statement Exh.5 and list of documents Exh.6 t.o.r.
Heard.
F.R.S.R. following orders has passed -
                               ORDER ON CHS NO.246/19
1. Chamber Summons no.246/2019 is partly allowed.
2. Plaintiff is permitted to carry out amendment in the plaint in respect of para no.19B and 19C and prayer clause C-1 shown in the schedule of amendment.  However, Plaintiff\''s prayer for granting stay to the notice dated 24/01/2019 stands rejected.
3. Plaintiff is directed to carry out proposed amendment in the plaint within stipulated time provided by law.
4. Plaintiff is further directed file typed copy of amended plaint before the Court and to serve its copy upon Defendant/BMC.
                        ORDER ON CHS NO.861/2018
1. Ch/s No.861/2018 is made absolute in terms of prayer clause (a)
2. Plaintiff is directed to carry out proposed amendment in the plaint within stipulated time provided by law.
3. Plaintiff is further directed to file on record typed copy of amended plaint and to serve its copy upon Defendant/BMC.
                              CHS NO.1912/2018
 Ch/s No.1912/2018 stands dismissed/disposed off.
Case is adjourned to 18/02/2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-02-2019

Date: 13-02-2019
Business: Order on preceipe.-Allowed, if time will permit then only the hearing for ad-interim relief will be heard.
L.O.
Advocate Mr. Hemant Ingle h/f Adv. Khobragade for Plaintiff present and filed draft Notice of Motion along with affidavit in support. Leave granted.
Advocate Ms. Tondwalkar for BMC/Deft present.
Learned advocate for Plaintiff referred documents filed at Exh.J page no.70 A of the plaint and referred it as the photo-pass issued by the Competent Authority under Slum Act.  It is argued that said photo-pass proves the authorization of notice structure and it makes clear that notice structure is authorized one, however said photo-pass was not available with Plaintiff while giving reply to the notice u/s 351 of BMC Act and therefore reference to said photo-pass is not appearing in the speaking order dated 26/03/2018.  Further, it is argued that, on the basis of said alleged photo-pass and receipt of said photo-pass NM is necessary to be allowed, because suit structure is situated in slum area and BMC can not take any action against structure from slum area.
Learned advocate for Defendant argued that the document which is alleged to be photo-pass is not the photo-pass but it is the application submitted for photo-pass hence it can not be considered as photo-pass and it can not give protection to Plaintiff.  Lastly, it is argued that Plaintiff has not produce any documents for authorization, hence NM may be dismissed.
Case is adjourned to 22/02/2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 22-02-2019

Date: 22-02-2019
Business: Advocate Mr. Khobragade for Plaintiff present.
Advocate Ms. Hajare for BMC/Deft present.
  Advocate for Plaintiff submitted that, yesterday itself BMC squad has demolished suit premises, hence Plaintiff\''s claim has become infructuous.
Considering submissions, suit stands disposed off as Plaintiff\''s claim has become infructuous.  Accordingly, NM No.1925/2018 stands disposed off.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 22-02-2019

NOTICE OF MOTION/101925/2018
CHAMBER SUMMONS/100861/2018
CHAMBER SUMMONS/101912/2018
CHAMBER SUMMONS/100246/2019

Filing Number: 105469/2018
Filing Date: 17-04-2018
First Hearing Date: 04th May 2018
Decision Date: 22nd February 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE