M/s. Sharad Industrial Estate H Building CHS LtdVsMCGM

Date: 23-04-2018
Business: It appears that in the sanctioned plan of the year 2005, there is lavatory block shown. It reveals that the Defendant has received complaint against the plaintiff in respect of unauthorized construction of society office by demolishing the common lavatory block. Thus, lavatory block was in the approved BMC plan. Prima facie it discloses from inspection report that the said lavatory block has been converted into office use without making addition and alteration to existing structure. It is urged by Ld adv for the Plaintiff that for change of use, there is no power u/s 351 of the MMC Act to take action.  But basically while converting use of lavatory block to office use, there must be changes inside the said structure so as to use it as office instead of lavatory block. The said changes seems to be prima facie without permission of competent authority. Therefore it is not fit case to grant ad-interim relief.  Hence, ad-interim relief is rejected.
Matter adjd to 6.06.2018 for reply to N/
Next Purpose: REPLY
Next Hearing Date: 06-06-2018

Date: 06-06-2018
Business: Plaintiff and adv absent.
Adv Tondwalkar for the def/BMC present.
Earlier order to continue till next date.
Adjourned to 06.08.2018  for reply.
Next Purpose: REPLY
Next Hearing Date: 06-08-2018

Date: 06-08-2018
Business: Court is vacant. Hence today board is discharged
Next Purpose: REPLY
Next Hearing Date: 03-10-2018

Date: 03-10-2018
Business: Court is busy in R/E in suit no.975/08 and dictating order in suit no.1866/10 and other matters, hence board is discharged and matter is adjourned to 14/11/2018.
Next Purpose: REPLY
Next Hearing Date: 14-11-2018

Date: 14-11-2018
Business: Court is busy in hearing and dictating order in urgent applications, hence board is discharged and case is adjourned to 29/01/2019.
Next Purpose: REPLY
Next Hearing Date: 29-01-2019

Date: 14-11-2018
Business: Court is busy in hearing and dictating order in urgent applications, hence board is discharged and case is adjourned to 29/01/2019.
Next Purpose: REPLY
Next Hearing Date: 29-01-2019

Date: 29-01-2019
Business: None present for Plaintiff.
Advocate Ms. Hajare for BMC/Deft present and sought time to file reply.  Granted.
Case is adjourned to 11/03/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2019

Date: 11-03-2019
Business: Court is busy in hearing Notice of Motion in suit no.1328/15 and court has to hear urgent matters, hence case is adjourned to 24/04/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: None for Plaintiff.
Advocate Ms. Tondwalkar for defendant/MCGM present.
The Case is adjd. To 02.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-08-2019

Date: 02-08-2019
Business: As Court is busy in hearing NM in suit no. 354/18 and in hearing urgent matter so also in dictating order in Chamber Summons in suit no. 1577/16 the case is adjourned.
The case is adjourned to 16.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: As Court is busy in hearing NM in suit No. 1759/13, 2057/19 and also in dictating orders the case is adjourned.
The case is adjourned to 16.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: None for plaintiff.
Advocate Ms. Chavan for defendant/MCGM present and sought time. Time is granted.
The case is adjourned to 13.01.2020  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: None for plaintiff present.
Adv.Mrs. Chavhan for deft./MCGM present, prayed for adjd to file reply on NM.
Matter is adjd. for NM reply on 20.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-07-2020

Date: 23-07-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present.
Matter is adjourned for NM reply to 11.03.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present.
Matter is adjourned for NM reply to 24.06.21.
                                                                               Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Business: Due to Covid-19 matter adjourned to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: Court is vacant. Matter adj. to next date
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Court is vacant. Hence, matter is adj.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: None present for Plaintiff.
Adv. Ms. Mhatre for Defendant/MCGM present.
On oral request of Adv. Ms. Mhatre to file reply.
Matter adjd  for NM reply to 13/01/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: None present for plaintiff.
Adv. Ms Mhatre for defendant/MCGM is present.
In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply / rejoinder to 22.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: None present for plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM dismissal to 28.04.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: PO is on training.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and filed affidavit on reply-cum-WS. TOR. It is marked at Exh.04. O-R&R.
She also filed list of document, with letter dated 27.02.2018 demanding expenses of demolition. TOR. List is marked at Exh.05. O- Other side to say on exhibition of documents.
The plaintiff is absent to get registered the NM and to proceed further with the same. Hence, the matter is posted for NM dismissal.
Adjourned for registration of NM/NM dismissal to 11.08.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: NOB TOB.
None present for plaintiff.
Adv. Ms. Mhatre for defendant/MCGM is present.
Matter is referred to National Lok-Adalat as there is a possibility of settlement in the matter. Both parties are directed to remain present before National Lok-Adalat will be held on 13.08.2022 at 10.00 am.
Issue notice to the both parties to remain present before National Lok-Adalat.
Adjourned for National Lok-Adalat to 13.08.2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: NATIONAL LOK ADALAT HELD ON 13-08-2022 (PANEL-VII)
Matter pertains to CR No.11
Plaintiff is absent.  Adv Sandeep Singh for plaintiff present.
Adv. Mhatre for defendant/BMC present.
Aakash Borse, Junior Engg. (B & F) S ward present.
Matter adjd to 13-09-2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: None present for the plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
KB LO at 03:52 pm.
The plaintiff is absent for registration of NM till date. In the result, the draft NM stands dismissed for want of prosecution. The plaintiff is called upon get registered this draft NM within one week.
Adjourned for draft issues to 10.11.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: None present for the plaintiff.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
Adjourned for draft issues to 10.01.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: None present for the plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
Adjourned for draft issues to 14.02.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: None present for the plaintiff.
Adv. Ms. Smita Chavan for defendant/MCGM is present.
Adjourned for draft issues to 06.04.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-04-2023

Date: 06-04-2023
Business: PO is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: None present for the plaintiff.
Adv. Mrs. Smita Chavan for defendant/MCGM is present.
Adjourned for draft issues to 10.08.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: None present for the plaintiff.
Adv. Khandagale h/f Adv. S.S. Chavan for defendant/MCGM is present.
Adjourned for draft issues to 05.10.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: None present for the plaintiff.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. The parties did not file draft issues.
Adjourned for draft issues to 07.12.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: None present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for draft issues to 02.02.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-02-2024

Date: 02-02-2024
Business: None present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for draft issues to 21.03.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-03-2024

Date: 21-03-2024
Business: None present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for draft issues to 07.05.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-05-2024

Date: 07-05-2024
Business: None present for the plaintiff to proceed with the matter.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for draft issues to 27.06.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: None present for the plaintiff.
Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant/ MCGM is present.
Adjourned for draft issues to 02.08.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-08-2024

Date: 02-08-2024
Business: None present for the plaintiff.
Adv. Mrs. S.R. Charatkar for defendant/MCGM is present.
Adjourned for draft issues to 08.10.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-10-2024

Date: 08-10-2024
Business: None present for the plaintiff. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present.
Adjourned for draft issues to 19.11.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-11-2024

Date: 19-11-2024
Business: None present for the plaintiff. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present.
Adjourned for draft issues to 21.01.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-01-2025

Date: 21-01-2025
Business: None present for the plaintiff. Adv. Mrs. S.R. Charatkar a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. Parties have not filed draft issues. Hence, the suit is posted for framing of issues.
Adjourned for framing of issues to 04.03.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-03-2025

Date: 04-03-2025
Business: None present for the plaintiff. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. The Court is busy in dictating Judgment in targeted SU Nos. 2407/2012 and 4248/2012.
Adjourned for issues to 08.05.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-05-2025

Date: 08-05-2025
Business: None present for the plaintiff. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. The Court is busy in other urgent matters.
Adjourned for framing issues to 15.07.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-07-2025

Date: 15-07-2025
Business: None present for the plaintiff. Adv. Mrs. Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for framing of issues to 04.09.2025.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-09-2025

Date: 04-09-2025
Business: court is on leave, hence adjd. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-11-2025

Date: 06-11-2025
Business: court is on leave, hence adjd.to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-01-2026

Date: 06-01-2026
Business: None present for the plaintiff. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. The Court is busy in other urgent matters.
Adjourned for framing of issues to 10.02.2026.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-02-2026

Date: 10-02-2026
Business: None present for the plaintiff. Adv. Mrs. Sheetal Metakari for defendant/BMC is present. The Court is busy in other urgent matters.
Adjourned for framing issues to 02.04.2026.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-04-2026

Date: 02-04-2026
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/ BMC is present. Issues are framed at Exhibit 6.
Adjourned for filing documents on affidavit to 9.06.2026.
                                                                                                 Judge
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 09-06-2026

Date: 09-06-2026
Business: None present for the plaintiff to file documents.
Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
Adjourned for filing documents on record to 14.07.2026.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 14-07-2026

Date: 14-07-2026
Business: None present for the plaintiff to file documents and evidence. Hence, suit is kept for closing evidence. Adv. Mrs. Sheetal Metakari for defendant/BMC is present.
Adjourned for no evidence order to 20.08.2026.
                                                                                                 Judge
Next Purpose: ORDER
Next Hearing Date: 20-08-2026

Date: 20-08-2026
Business: court is on leave, hence adjd, to
Next Purpose: ORDER
Next Hearing Date: 04-09-2026

Date: 04-09-2026
Business: None present for the plaintiff to file evidence and documents.
Adv. Mr. Santosh Yadav a/w Adv. Ms. Janhavi Mistry for defendant/ BMC is present. Kept back
Later on 4.00 p.m.
The appearance is as above. The suit is proceeded without  evidence and documents of plaintiff. Matter kept for dismissal.
Adjourned for dismissal to 01.10.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 01-10-2026

Filing Number: 105611/2018
Filing Date: 18-04-2018
First Hearing Date: 16th July 2018
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE