Date: 23-04-2018
Business: Advocate Mr. Shaikh for the plaintiff present and filed reply on Ch/s alongwith affidavit. t.o.r.
Copy served to other side.
Advocate Ms. Sadaf for defendant no. 5 present.
Advocate Mr. Ashish Gatagat for applicant present and filed original registered Ch/s no. 758/18 alongwith affidavit in support. t.o.r.
As court is busy in dictating judgment.
Hence, matter adjd to 27.06.2018 for Ch/s hearing
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 27-06-2018
Date: 27-06-2018
Business: Plaintiff and adv absent.
Adv for def/BMC absent.
Adv Dave i/b by adv Patkar for applicant present.
KB
LO at 2.45 pm
Adv Kapadia for plaintiff present. She submits that her Senior Counsel is busy in another court.
Adv Sadap Khan for def no.2 to 4 present.
Adv Kamble for def no.1/BMC present.
At the request of adv for plaintiff matter adjourned to 10.07.2018 for R/E.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 10-07-2018
Date: 10-07-2018
Business: Adv Kapadia for plaintiff present.
Adv Khandagale for def/BMC present.
Applicant and adv absent.
Adjourned to 26.07.2018 for R/E.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-07-2018
Date: 26-07-2018
Business: Court is vacant. Hence board is discharged
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-08-2018
Date: 09-08-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-10-2018
Date: 04-10-2018
Business: None present for Plaintiff.
Advocate Ms. Sadaf Khan for Defendant no.2 to 4 present.
Advocate for BMC/Deft present.
K.B. at 2.45 p.m.
L.O. Same appearance.
Court is busy in hearing NM in suit no.1045/2010 and dictating order in EA 500/16, hence board is discharged and case is adjourned to 23/10/2018
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 23-10-2018
Date: 23-10-2018
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-11-2018
Date: 01-11-2018
Business: Court is on leave. Hence today board is discharged
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-11-2018
Date: 29-11-2018
Business: Plaintiff and its adv.absent. Suit is pending from 2001. Plaintiff is not offering himself for cross examination hence suit adjourned for dismissal order on 15.12.2018.
LO at 2.45 pm
Adv. Kapadiya for Plaintiff present and submitted ch/s no. 758/18 s pending for hearing and matter may fixed for hearing of Ch/s.
Considering submission earlier order for fixing the matter for dismissing the matter is set aside.
Adv. Sadap Khan for Deft.no. 2 to 4 present.
Case adjourned to 15.12.2018.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-12-2018
Date: 15-12-2018
Business: Adv. Kapadia h/f Dalal for plaintiff present.
Adv. Hajare for BMC/Defendant present.
None for Aplnt.
Adv. Makrand Kale on behalf of M/s M. P. Vashi and Associates representing to plaintiff filed pursis, informing to Court that, plaintiff has already no objection of M/s M. P. Vashi and Asso. and appointed another advocate. Pursis taken on record.
Order Filed, office is directed to replace the name of new advocate in the board in place of M/s M. P. Vashi and Assoc.
Adv. Wajid Shaikh newly appointed advocate present for plaintiff.
K.B. / L.O.at 2.45pm.
Adv. Wajid Shaikh for plaintiff present.
Adv. Zinal Karia for defendant no.2 present.
Heard plaintiffs advocate in respect of ch/s no.2008/18, that time Court raised the query that whether compliance is made of direction given by Hon\''ble High Court vide order dated 24/04/2006 to the effect that whether BMC has reconsidered the question that permission granted in favour of defendant no.2 developer to construct the building in the year 2001 is granted in accordance with law or not, after hearing the defendant no.2 and plaintiff and make a fresh order in that regard. Plaintiffs advocate submitted that on next date he will satisfied the Court about the query raised by the Court.
Case is adjourned to 04/01/2019 at 2.45pm.
L.O. at 5.30pm.
Adv. Shruti Gururaj Potnis present and filed her vakalatnama on behalf of Aplnt Ejaz Sayani, Secretary of ZA complex, Anjar nagar, Ad-hoc Housing Society, TOR.
Case is adjourned to 04/01/2019 at 2.45pm.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-01-2019
Date: 04-01-2019
Business: Advocate Ms.Kapadia h/f Adv. Wazid Shaikh for Plaintiff present and submitted that, matter may be kept back at 2.45 p.m. for hearing of Chamber Summons.
Advocate for BMC/Deft present.
K.B.
L.O.
Advocate Ms.Sruti Potnis applicant present.
Advocate Mr. Jariwala i/b Wazid Shaikh for Plaintiff present.
Advocate Mr. Memon for Defendant no.2 present
Learned advocate for Plaintiff referred the order dated 13/07/2006 passed by Executive Engineer (building proposal) western suburbans H and K/East ward and argued that executive engineer has reconsider the question that permission granted in favour of Defendant no.2 developer to construct building in the year 2001 is according to law, hence Plaintiff has satisfied by the Court about query.
Applicant\''s advocate submitted that, the counsel who is going to argue Chamber Summons will argue Chamber Summons on next date.
By consent, case is adjourned to 21/01/2019 for hearing of Chamber Summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-01-2019
Date: 21-01-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-02-2019
Date: 11-02-2019
Business: AS THE P.O. IS ON LEAVE TODAY
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-02-2019
Date: 21-02-2019
Business: Wrongly on board.
Next Purpose: C/S HEARING
Next Hearing Date: 25-02-2019
Date: 25-02-2019
Business: Advocate Mr. Dalal for Plaintiff present.
Advocate Ms. Memon for Defendant no.2 present and filed reply to Chamber Summons, t.o.r.
Advocate Mr. P. D. Gandhi for applicant present.
Advocate Ms. Tondwalkar h/f Adv. Mhatre for BMC/Deft present.
Heard advocate Mr. P. D. Gandhi for applicant, who has referred arrays of Plaintiff\''s and Defendant from the suit and who has pointed out prayer clause of the suit. Advocate Mr. Gandhi pointed out that prayer clause G of the plaint is going to directly affect rights of applicant as applicant is the society and its members have agreed to purchase the flat from the buildings to be constructed in suit premises. Advocate for applicant also referred Exh.1 to 4 annexed to the affidavit of applicant and argued that in the light of observation in the cited cases Chamber Summons is necessary to be allowed. Advocate for applicant referred prayer clause 8 to 13 of the plaint.
Plaintiff\''s advocate Mr. Dalal argued that, unless applicant becomes the member of Federation of society Plaintiff no.7, applicant can not have legal entity. It is further argued that the term ad-hoc society is not identified under law, hence said ad-hoc society can not have legal entity. Learned advocate for Plaintiff argued that applicant\''s advocate avoided to refer para no.7 of the plaint which is material to show that Plaintiff\''s claim is centered with the dispute in respect of construction made by Defendant no.6,7,8 and 9 only and said construction is related only to hutment of those Defendants and electric substation constructed by them. It is argued that Plaintiff claim is regarding conveyance deed to be executed by Defendant no.2 in favour of Plaintiff, further said claim is related to the amenities like road, recreation ground etc which were agreed to be provided by Defendant no.2. Learned advocate for Plaintiff pointed out that applicant has not filed any document like agreements executed by Defendant no.2 in favour of prospective members of applicant ad-hoc society. It is further argued that applicant has not filed any approved lay out plan as referred in Exh.4 annexed to the affidavit of applicant. Learned advocate for Plaintiff pointed out that in para 7 of the affidavit filed in support of Chamber Summons applicant has raised grievance that Defendant no.2 is avoiding to make construction of building for applicant, hence applicant or its proposed members have no direct interest in the subject matter of this suit which is restricted only to the construction referred in para 7 of the plaint. It is argued that the case laws cited by applicant are not help full to applicant in any way, hence according to advocate for Plaintiff Chamber Summons is necessary to be dismissed.
Advocate Ms. Memon for Defendant no.2 submitted that, Defendant no.2 has no objection to allow the Chamber Summons.
Advocate Mr. Hardik Desai h/f Adv. P. D. Gandhi for applicant replied that para no.19 of the plaint with all the prayer clauses make it clear that applicant is necessary party to the suit.
Case is adjourned to 07/03/2019 for Chamber Summons order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-03-2019
Date: 07-03-2019
Business: Advocate Mr. Mishra h/f Adv. Gandhi for applicant present and filed citations, t.o.r.
Advocate for BMC/Deft present.
Court is busy in recording evidence in suit no.8278/95 and 1519/02, hence case is adjourned to 19/03/2019 for Chamber Summons order.
L.O.
Representative of Plaintiff present.
Advocate Ms. Amruta Ketkar for Defendant no.2 present and submitted that, Defendant no.2 is intending to make further submissions in respect of Chamber Summons, hence matter may be adjourned. Considering submissions case is adjourned to 19/03/2019 for Chamber Summons arguments by Defendant no.2.
Next Purpose: CH/S ORDERS
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 25-03-2019
Date: 25-03-2019
Business: Adv. Mr. Ansar for applicant present and filed Vakalatnama as Exh. 18.
Plaintiff and adv absent.
Adv., Memon for Defendant no.2 present and submitted that today he has noted down the list of citation produced by applicant and Plaintiffs. He will take out printout of those citations, will study them and will reply the arguments on next date. It is also pointed out that rejoinder to the reply of Plaintiff is also filed by applicant on record but its copy is not served upon Defendant no.2 hence applicant is directed to serve the copy of said rejoinder upon adv. for Defendant. no. 2.
Advocate Ms. Tondwalkar for BMC/Deft present.
Case is adjourned to 12.04.2019 for further CH/s arguments.
Next Purpose: C/S HEARING
Next Hearing Date: 12-04-2019
Date: 12-04-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: C/S HEARING
Next Hearing Date: 26-04-2019
Date: 26-04-2019
Business: Advocate Gandhi for applicant present.
KB
LO at 2.55 pm
Adv. Vighnesh Nair h/f Thakore Jariwala for Plaintiff present.
Advocate Ms.Chavan for defendant/MCGM present.
Adv. Ms. Memon for Defendant. no. 2 present.
Adv. Aviraj Sharma for applicant present.
Adv. for Plaintiff and applicant submitted that the Counsel for respective parties are held up in other matters. Considering reason time is granted as last opportunity.
The Case is adjd. To 14.06.2019 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 14-06-2019
Date: 14-06-2019
Business: Advocate Ms. Kapadia for plaintiff present.
Advocate Mr.Ahmed for defendant no. 2 present.
Advocate Ms.Mhatre for defendant /MCGM present.
Advocate Mr.Gandhi for applicant present.
Heard advocate for applicants in Chamber Summons no.758/18.
Advocate for plaintiff sought time. Time is granted.
The case is adjourned to 24.06.2019 for Chamber Summons hearing (PH).
Next Purpose: C/S HEARING
Next Hearing Date: 24-06-2019
Date: 24-06-2019
Business: Advocate adv. Mr. Dalal a/w adv. Ms. Kapadia for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
Advocate Mr. Ansari for applicant present.
Heard advocate for plaintiff on Ch./s no. 758/18.
The case is adjourned to 29.06.2019 for orders.
LO at 4.00pm,
Advocate Mr. Shoib Menon for defendant no.2 present.
Heard advocate for defendant no.2
Already the case is adjourned to 29.06.2019 for orders.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-06-2019
Date: 29-06-2019
Business: Advocate holding for adv. Dalal for plaintiff present.
Advocate holding for adv. Gandhy for applicant present.
Advocate Ms.Mhatre for defendant/MCGM present.
As Court time is over the case is adjourned to 01.07.2019 for Chamber Summons order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-07-2019
Date: 01-07-2019
Business: None for plaintiff.
None for applicant.
Advocate Mr. Giri for defendant no. 1 /MCGM present
None for other defendants.
The case is adjourned to 02.07.2019 for Chamber Summons order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 02-07-2019
Date: 02-07-2019
Business: None present. Only the Presiding Officer and typist are present. No other member of staff is present. Hence, board is discharged.
The case is adjourned to 03.07.2019 for Chamber Summons order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-07-2019
Date: 03-07-2019
Business: Advocate Kapadia for plaintiff present.
Advocate Ms. Chavan for defendant /MCGM present.
Adv. Ansar h/f adv. Gandhi for applicant present.
F.R.S.R. following order is passed Chamber Summons No. 758/18
ORDER
1. Chamber Summons no. 758/18 is dismissed.
2. Costs in cause.
Nature Of Disposal: DISMISSED
Disposal Date: 03-07-2019