M/s. Kamal Construction Co. Suit St. No. 5090 of 2019VsState Of Maharashtra And Ors

Date: 07-06-2019
Business: Adjd
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-07-2019

Date: 19-07-2019
Business: Court is on Half day leave (2nd Session)
Next Purpose: COMPLIANCE
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: Adv.P.D.Gandhy a/w adv. A.V.Jain for the Plaintiff present.
Adv. Suryawanshi for MMC/Defendant No.2 to 4 present.
Adv. Kandekar a/w adv. Tare for Defendants no. 5 and 6 present.
Heard advocates for both parties.
The Plaintiff has asked extension of time to serve letter of request. Granted.
Written statement tendered by adv. for Defendants no. 5 and 6. TOR
Matter is adjd. to 07.08.2019 for reply by Defendant 2 to 4 to commissioner\''s report.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Adjd
Next Purpose: REPLY
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Matter is adjd. to 26.09.2019 for reply to N/M/ WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Adv. Mr. Ashok Jain for the Plaintiff present.
Adv. Mr. Diwte for BMC/deft present.
As Court is busy in recording evidence in SU No. 9113/93 and mediation matters, hence board discharged.
Matter is adjd. to 4.10.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: Adjd
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: The Court is on Leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-11-2019

Date: 23-11-2019
Business: Adv. Jain for plaintiff present, he tendered writ of summons.
Adv.Darshan Jain h/f Adv.Kudalkar for state/defendant No. 1 is present.
Defendant No. 1 to 4 failed to file reply NM No.1833/19. Therefore, NM to proceed without reply to defendant No. 1 to 4.
Matter adj for NM hearing/ W.S to 04.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: Matter adjd for NM Hearing to 12.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: matter adjd to 29.02.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: matter adjd to 24.03.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: None for plaintiff.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.5.
Defendants No.1 to 4 have failed to file written statement. Hence, the suit to proceed without WS against defendants No.1 to 4
Today, plaintiff and his advocate are absent. No steps have been taken by the plaintiff for NM hearing. Hence, NM No. 1833/2019 is dismissed for default. NM No. 1833/2019 is accordingly disposed of.
L.O.
Adv. Indira for the plaintiff.
On her oral request, NM NO.1833/2019 is restored to file.
KB
L.O.
Adv. Mr. Jain  for the plaintiff.
Adv. Mr. Kandekar for the defendant No.5
Advocate for the defendant No.5 submitted that that the WS filed defendants No.5 and 6 may be treated as reply to NM.
On oral request of the ld. advocate for the plaintiff, matter is adjd. to 12/03/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Adv. Mr. Jain for the plaintiff.
Adv. Vaibhav Pawar  for the defendant No.1.
Adv. Chandramore for the defendant No.2 to 4
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.5.
KB
L.O.
On oral request of the ld. advocate for the defendants No.2 to 4, matter is adjd. to 09/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 06.07.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: Due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Adv. Mr. Dinesh Jain for the plaintiff present and requested date.
Adv. Pawar for defendant No.1 present.
Matter is adjd. to 30/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Business: As Court is busy in hearing the arguments in SU No.6988/06. Hence, Board is discharged.
Matter is adjd. to 28.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 31.03.2022 for NM hearing,
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Adv. Jain present  for plaintiff.
Adv. Chandramore present for defendant 02, 03 and 04/MCGM and sought adjournment on the ground that, counsel is not available.
None present for other defendants.
Adv. Kandekar For defendant no. 01.
kb.
l.o. at 03.35 pm.
Adv. Ashok jain present for plaintiff.
Matter adjourned for nm hrg. To 11/04/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: Adv. Ashok Jain present for plaintiff and sought adjournment.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
Adv. Gajanan shinde alongwith adv. chandramore present for MCGM.
Adv. Kapse present for df. no. 01.
Mr. Khan Jr. Eng. \''S\'' Ward Present for MCGM.
By consent, Matter adjourned for nm hrg. To 20/06/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv. Hardik Desai present for plaintiff and sought adjournment. Adv. Pathak hf adv. Kandekar present for defendant 05 and 06/MHADA. Adv. Gajanan shinde @ Chandramore present for defendant 02 03 and 04/MCGM. None present for other defendants. Matter adjourned for nm hrg. As a last chance to 27/06/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Advocate Aditya Khare hf/ Advocate Hardik Dessai present for plaintiff. Advocate Gajanan Shinde @ Advocate Sutar present for defendant/MCGM. By consent. Matter adjourned for NM Hearing to 18.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: None present for plaintiff.
Adv. Chandramore present for defendant 02, 03 and 04/MCGM.
Adv. Vaibhavi pawar hf adv. Kudalkar present for the defendant no. 01.
l.o. at 02.44 pm
Adv. Gajanan Shinde @ Adv. Chandramore present for defendant no. 02, 03 and 04 BMC and tendered report of compliance.
Adv. Ashok jain present for plaintiff.
Mr. Nandkishore Bhghat, Jr. Eng. Maintenance Dept. \''S\'' Ward present for the MCGM.
Adv. Gajanan shinde sought adjournment.
Matter adjourned for nm hearing to 26/07/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: Adv. Ashok Jain present for plaintiff.
Adv. Gajanan Shinde @ adv. Chandramore present for defendant 02 to 04/MCGM.
Adv. Priyanka gavkar hf. Adv. kudalkar present for deff. no.01.
By consent,  Matter is adjd. For nm hearing to 29/07/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: Adv. Ashok Jain present for plaintiff.
Adv. Gajanan shinde @ Adv. Chandramore present for defendant/MCGM and tendered application for taking on record, structural audit report t.o.r. marked as Ex. 04.
copy served to the other side.
Mr. Nandkishor Bhagar, Jr. Eng.  Dept. \'' S \'' Ward present for the MCGM.
Matter adjourned for nm hearing to 03/08/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: Adv. Hardik Desai present for plaintiff.
Adv. Gajanan shind @ Adv. Chandramore present for defendant 02 to 04/MCGM.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
None present for other defendants.
Heard arguments of ld. Adv. For plaintiff and part arguments of  ld adv. For defendants on n no. 1833/2019.
Matter adjourned for further arguments  on nm no. 1833/2019 to 05/08/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Adv. Hardik desai present for plaintiff.
Adv. Gajanan shinde @  Adv. Chandramore present for defendant 02 to 04/MCGM and sought adjournment for further arguments.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
None present for other defendants.
Matter adjourned for further arguments on nm no. 1833/2019 to 10/08/22.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Hardik Desai present for plaintiff.
Adv. Gajanan shinde @ Adv. Chandramore present for defendant/MCGM.
Adv. Kandekar present for defendant/MHADA.
Mr. Devesh Paradhi, Jr. Eng. B & F Dept. \''S\'' Ward present for the MCGM and made statement before court that, MCGM will consider and decide the application for prepare of the suit wall within 02 weeks from the date of tendering the application to the MCGM.
Matter adjourned for arguments of defendant on nm no. 1833/2019 to 26/08/22.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: Adv. Hardik desai present for plaintiff. Adv. Pathak hf adv. Kandekar present for defendant/MHADA. Adv. Gajanan shinde @ Adv. Chandramore present for defendant/MCGM. Adv. Darshan Jain hf adv. Kudalkar present for defendant no. 01. By consent, Matter adjourned for further hearing on nm to 05/09/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: (Matter pertains to C. R. No. 08)
None present for plaintiff.
Adv Gajanan Shinde @ Adv. Chandramore present for defendant/MCGM.
Earlier order, if any, to continue till next date.
Matter adjourned for NM hearing to 03.10.22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: By praecipe
Adv. Hardik desai present for plaintiff.
Adv. Gajanan shinde @ Adv. Chandramore present for defendant 02 to 04/MCGM.
Adv. Kandekar present for defendant 04 and 05/MHADA.
Mr. Nandkishore Bhagat, Jr. Eng. Maintenance Dept. \''S\'' Ward present for the MCGM and he made statement that, MCGM is ready to demolish the toilet block as sought in prayer clause (a) of nm no. 1833/2019 in view of the structural audit report dt. 20/07/22. The above statement is accepted and recorded.
As per request of advocate for all the parties, Matter is preponed and adjourned to 14/09/22.
Authenticated copy of Roznama be given to both the parties if requested.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2022

Date: 14-09-2022
Business: Adv Ashok Jain present for plaintiff and made statement before court that once the toilet block is removed plaintiff will make necessary application for grant of permission to repair the suit wall. The above statement is accepted and recorded. Adv Gajanan Shinde @ Chandramore present for defendant No.2 to 4/MCGM. None present for other defts. Mr. Devesh Pardhi, Jr. Engineer, B &amp F Dept, S ward is present and made statement that MCGM will consider the application of plaintiff for grant of permission to repair the suit wall as per law. The above statement is accepted and recorded. By consent, matter adjourned for further submission to 17-10-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: As P.O. is on Half Day leave, Matter adjourned .
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: Adv. Ashok Jain present for plaintiff and submitted that, as per statement dt. 12/09/22, MCGM has not demolished the Toilet Block. Adv. Gajanan Shinde Adv. Chandramore present for defendant 02 to 04/MCGM and submitted that, construction alternate toilet is going on and after completion of construction of same, the toilet block will be demolish. None present for other defendants. Matter adjourned for further submission about mutual settlement if any to 23/12/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-12-2022

Date: 23-12-2022
Business: Adv. Ashok Jain present for plaintiff. Adv. Kapse present for defendant no. 01. Adv. Gajanan shinde @ adv. Adv. Chandramore present for defendant 02, 03 and 04/MCGM and submitted that, proposal for demolition of toilet block is submitted to BMC for approval and it will take around one month to complete the demolition of toilet. Adv. Pathak hf adv. Kandekar present for defendant/MHADA. By consent, Matter adjourned for further submission about settlement to 14/02/23.
Next Purpose: SETTLEMENT
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: None present for plaintiff.
Adv. Priyanka gavkar hf. Adv. kudalkr present for deff. no. 01.
Adv. Gajanan Shinde @ Adv. Chandramore present for defendant no. 02 to 04/MCGM and requested to keep back matter as officer of MCGM is yet to come.
Adv. Pathak hf adv. Kandekar present for defendant no. 05 and 06/ MHADA.
None present for other defendants.
Kb till afternoon
l.o. at 02.54 pm.
Adv. Ashok Jain present for plaintiff.
Adv. Gajanan Shinde requested to keep back matter as officer of MCGM is yet to come.
Mr. Nandkishore Bhagat, Jr. Eng. Maintenance Dept. \''S\'' Ward present for the MCGM and submitted that, disputed toilets block are already demolished but the tank of the said toilet block is yet to be demolished. As the disputed wall is in dilapidated condition, it is likely to collapse, if the MCGM demolish the tank below toilet blocks.
Adv. For plaintiff sought adjournment for taking instructions from the plaintiff.
Adv. Kudalkar present for defendant no. 01.
By consent, Matter adjourned for further submission to 21/02/23.
Next Purpose: HEARING
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: None present for plaintiff.
Adv. Khatib present for defendant no. 01/STATE.
Adv. Harshita darji hf adv. Kandekar present for defendant/MHADA.
Kb
l.o. at 12.31 pm.
Adv. Ashok jain present for plaintiff and submitted that, in view of the statement made by the officer of the MCGM on 14/02/2023 they have informed MCGM that, if the compound wall is damaged while demolition of safety tank, they will repair same upon grant of permission by MCGM.
Adv. Gajanan shinde @ adv. chandramore present for defendant no. 02 to 04/MCGM.
Advocate for plaintiff sought time to take steps in respect of nm no. 1833/2019.
None present for other defendants.
Matter adjourned for steps to 09/03/23.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: Advocate Ekta Mistri I/b Advocate Gajanan Shinde present for plaintiff.
Advocate Kudalkar present for the defendant no. 01.
Advocate Harshita Darji holding for Advocate Kandekar present for defendant nos. 05 and 06/MHADA.
kb.
l.o. at 04.39 pm.
Adv. Ashok Jain present for plaintiff and submitted that, plaintiff will tender application for permission to repair wall in dispute.
Adv. Gajanan shinde present for defendant/MCGM.
Adv. For plaintiff also sought adjournment for want of instructions.
Matter adjourned for steps to 17/03/23.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: None present for plaintiff.
Clerk of Adv for plaintiff present and submitted that Adv for plaintiff is unable the court today.
Adv Gajanan Shinde @ Adv Chandramore present for defendant no. 04.
None present for other defendants.
Matter adjourned for steps to 30.03.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-03-2023

Date: 30-03-2023
Business: Adv. Ashok Jain present for plaintiff and tendered affidavit of Mohd. Omar Azad.
copy served to the advocate for the present defendant.
Adv. Gajanan Shinde @ adv. Khandagale present for defendant no. 03 to 04/MCGM and he tendered application for taking on record status of the toilet block. t.o.r. marked as Exh. 05..
Copy served to the advocate for the plaintiff.
Adv. Janhvi Kandekar present for defendant/MHADA.
Adv. Sachin kadam hf adv. Kudalkar present for defendant no. 01.
Adv. For defendant no. 02 to 04 sought time for taking instructions.
Matter adjourned for submission of the parties/steps/nm hearing to 17/04/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Adv. Ashok Jain present for plaintiff.
Adv. Chandramore @ adv. Gajanan shinde present for defendant no. 2, 3 and 4/MCGM.
Adv. Harshita darji hf adv. Kandekar present for defendant/MHADA.
None present for other defendants.
Mr. Nandkishore Bhagat, Jr. Eng.  Maintenance Dept. \''S\'' Ward present for the MCGM and submitted that, only toilet blocks are removed and septic tank could not be removed as the adjoining slum structure may collapse. He further made statement that, 4 to 5 feet septic tank from the side of the compound wall of the plaintiff can be demolished and defendant no. 3 and 4 are ready to demolish the structure.  The above statement is recorded and accepted.
Matter adjourned for submission of parties whether the septic tank from the side of plaintiffs compound wall is removed as per statement of officer of defendant/MCGM to 19-06-23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: Adv. Swapnil Bangur present for plaintiff.
Adv. Kandekar for defendant No.6 present.
Adv. Gajanan Shinde a/w. Adv. Chandramore present for defendant No.2 to 4/BMC and filed pursis. TOR and marked as Exh.6.
Mr. Nandkishor Bhagat, Junior Engineer, S Ward, BMC present.
Matter adjourned for Compliance to 18.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: None present for plaintiff. Adv. Chandramore present for defendant/BMC and tendered compliance. TOR and marked as Exh. O-Filed. Adv. Gajanan Shinde for defendant Nois. 2 to 4 present. Adv. Harshida Darji h/f. Adv. Kandekar for defendant/MHADA. Mr. Nandkishor Bhagatr, Je. S Ward present. Matter adjourned for NM Hearing to 07.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: Adv. Ashok Jain present for plaintiff.
Adv. Gajanan Shinde a/w. Adv. Chandramore present for defendant Nos.2 to 4/BMC.
Matter adjourned for NM Hearing to 04.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2023

Date: 04-09-2023
Business: Adv. Ashok Jain present for plaintiff and Affidavit filed in respect of NM No. 1833/2019.
Adv. Kudalkar present for Def. No. 1.
Adv. Gajanan Shinde a/w. Adv. Chandramore present for defendant Nos.2 to 4/BMC.
Matter referred to Lok-Adalat on 09.09.2023.
Matter adjourned for settlement to 09.09.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023

Date: 09-09-2023
Business: Matter pertaining to C.R.No.8
None present for parties.
Matter is adjourned to 29.09.2023.
Next Purpose: HEARING
Next Hearing Date: 29-09-2023

Date: 29-09-2023
Business: None present for plaintiff.
Adv. Vaibhavi  Pawar h/f. Adv. Kudalkar present for Def. No. 1.
Adv. Gajanan Shinde a/w. Adv. Chandramore present for defendant Nos.2 to 4/BMC.
Adv. Janhavi Kandekar h/f. Adv. Kandekar present for defendant No.6/MHADA.
     Case is fixed for hearing on Notice of Motion No.1833/2019. Plaintiff and his counsel are absent. Therefore it appears they are not interested in proceeding with Notice of Motion No.1833/2019. Therefore following order is passed
ORDER
1. Notice of Motion No.1833 of 2019 dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 29-09-2023

Registration Number: 101833/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101833/2019
Transfer Date: 30-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 105642/2019
Filing Date: 22-05-2019
First Hearing Date: 07th June 2019
Decision Date: 29th September 2023
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE