Date: 11-06-2019
Business: Advocate V.T.Dubey for plaintiff present filed original Notice of Motion no. 1983/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms. Mhatre for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 19.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Advocate V.T.Dubey for plaintiff present draft notice of motion along with affidavit in support.T.O.R. Leave is granted to register NM.
Advocate for plaintiff also filed Draft chamber summons along with affidavit in support. T.O.R.
Advocate Ms.Mhatre for defendant/MCGM present.
Heard advocates for both parties.
F.R.S.R. following order is passed in draft Chamber Summons ORDER 1. The draft Chamber Summons is made absolute in terms of prayer clause (a).2.Plaintiff shall amend the plaint within two weeks from today. 3.3. Plaintiff shall serve copy of amended plaint on the defendant and shall supply typed copy of amended plaint to the Court.4. Draft Chamber Summons is disposed off. It be registered for statistical purpose. 5. Costs in cause.
Advocate Dubey sought time to submit photographs of the suit premises and adjoining structures as well as the measurements of the suit premises. Time is granted.
The case is adjourned to 17.07.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 17-07-2019
Date: 17-07-2019
Business: Advocate V.T.Dubey for plaintiff present and filed list of documents. TOR and marked as Exh.2
Advocate Ms.Mhatre for defendant/MCGM present.
Heard advocates for both parties.
F.R.S.R. following order is passed
ORDER
Ad-interim relief as sought in terms of prayer clause (a) of the Notice of Motion is rejected.
The case is adjourned to 19.08.2019 for NM reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: As Court is busy in dictating order in suit no. 169/09 and hearing NM in suit no. 282/16 and ad-interim hearing in ST no. 8899/19 and 8902/19 and other matters on board. The board is discharged.
The case is adjourned to 07.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: As Court is busy in hearing ad-interim matters in SU no.2624/19, 2627/19 and in hearing NM in Suit no.1753/16, 1939/12 and in hearing Ch/s. in suit no. 4486/07 and also in dictating orders in NM in SU no. 1571/15 and 1572/15, 1939/12 and Ch/s order in 4486/07. The Court is also busy in other matters on board. The case is adjourned.
The case is adjourned to 10.12.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Adv. Mr. V.T. Dubey for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd.
Matter is adjd. for NM reply on 03.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: HHJ is on leave. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Business: adjd.to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: None present for plaintiff.
Adv. Tondwalkar h/f Adv. Mhatre for deft./MCGM present.
Matter is adjd. to 10/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Mr. V.T. Dubey for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Matter is adjourned for NM reply to 21.06.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Court is Vacant. Matter adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Court is vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv. Mr. V.T. Dubey for plaintiff is present.
Adv. Mr. Khandagale for Defendant/MCGM is present.
Adv. for the defendant orally requested for time to file NM and C/S reply.
Adjourned for NM and C/S reply to 23/02/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv. Ms. Vijayarani Prasad for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Adjourned for NM reply and WS to 18.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: H.H.J. gone to training, hence matter adjourned to 04-07-2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
Adjourned for NM hearing (No reply) to 26.08.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Mr. V.T. Dubey for the plaintiff is present. He submitted that in this matter Speaking Order is not passed and therefore with suitable directions to the defendant the matter may be disposed of.
Adv. Mr. Khandagale for defendant/MCGM is present.
Heard both the sides on NM.
Earlier order, if any, to continue till the next date.
Adjourned for NM Order to 21.09.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Adv. Mr. V.T. Dueby is present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
The following order is passed on NM No. 1983/2019:
ORDER
1. Heard both the sides.
2. Having considered their submissions, at the outset, it seems that in view of the notice dated 14.05.2019 the plaintiff filed his reply on 20.05.2019 and admittedly, as of now, the Speaking Order is awaited in the matter. The learned advocate for the plaintiff made the statement at bar that till date, no Speaking Order is communicated to the plaintiff. Even the defendant did not file reply on this NM to rebut this position. Needless to say that having received the notice reply, it was required from the defendant to consider the same and to communicate his response/outcome, in either form, to the plaintiff. However, this procedure is not followed. Nor, till date, the passing of speaking order is communicated on the record. On this background, it can safely be concluded that the defendant is yet to follow the due process of law before proceeding against the notice structure. In the result, the defendant is called upon to consider the notice reply dated 20.05.2019 filed by the plaintiff and to pass the Speaking Order afresh, as early as possible, preferably within four weeks from the passing of this Order. In the meantime, he is restrained to proceed against the notice structure, without following the due process of law, on the basis of the suit notice dated 14.05.2019. In case, the Speaking Order is adverse to the plaintiff, the effect and operation thereof be stayed for the period of one week from the date of its communication to the plaintiff, so as to enable him to exercise the remedies legally available to him. In the light of these observations, NM No. 1983/2019 is disposed of as partly allowed.
Advocate for the plaintiff orally requested for time to verify and file the registered NM No. 2876/2019. Time is granted as a last chance.
Authenticated copy of this roznama be given to both the parties.
Adjourned for tendering registered NM/filing affidavit of documents/NM hearing to 21.11.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Adv. Mr. V.T. Dubey for the plaintiff is present. He informed that the plaintiff is not in contact and he has no instructions. On his request, the suit is kept in 2nd session for tendering registered NM.
Adv. Mr. Khandagale for defendant/MCGM is present.
KB LO at 02:45 pm.
None present for the plaintiff to proceed with the suit and to tender registered NM. It is, thus, clear that the plaintiff is not interested in the matter. Hence, it is posted for dismissal Order.
Adjourned for dismissal Order to 11-01-2023.
Next Purpose: DISMISSAL
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv. Ms. Prasad h/f Adv. Dubey for the plaintiff is present. She informed that the plaintiff is not in contact.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Order below exhibit No.01:
The record shows that the plaintiff is absent to proceed with the matter since last considerable time and to tender registered NM. As such, the suit is posted for dismissal order. Nor, any stay order is communicated on the record. It is, thus, clear that he is not worried to proceed further with the suit. In the result, the suit stands dismissed for want of prosecution on his behalf. All the pending applications and un-tendered NM No. 2876/2019 are disposed of. The plaintiff is directed to tender the registered NM within a period of one week. The parties are called upon to bear their own costs of litigation. Bill of costs be drawn-up accordingly. The proceeding stands closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 11-01-2023