Shri Bivas Banasour GhoriVsMCGM +1 more

Date: 23-04-2018
Business: Mentioned by pracipee. NOB. TOB.
Adv. Jani for plaintiff tender draft NM with affidavit seeking injunction for restraining the defendant  from taking any action for removing the air blower pipes.  Leave to register is granted.  Adv. Jani adopted arguments of Adv. V.K. Gupta made in sister suit No. 1141/2018.  Adv. Tavakuli seeks time to make submissions on 26.04.2018.
Adjd for arguments on ad-interim reliefs to 26.04.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-04-2018

Date: 26-04-2018
Business: Resumed.
Adv. D.D. Jani for plaintiff and Adv. Tavakuli with Adv. Dhumale for BMC are present.
Heard, respective advocates on draft NM.  Leave to register is granted.
Adjd. for ad-interim orders to 27.04.2018.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 27-04-2018

Date: 27-04-2018
Business: Resumed.
Adv. D.D. Jani for plaintiff and Adv. Tavakuli with Adv. Dhumale for BMC.
FRSR the following order is passed on draft NM.
ORDER
1.  Ad-interim relief is rejected.
2.  An ordinary copy of this order duly authenticated by the Sheristedar of this Court be supplied to the respective parties.
3.  Defendant to file reply to notice of motion on or before next date.
Adjd. for NM hearing to 21.06.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2018

Date: 21-06-2018
Business: Resumed.
Adv. Vimala Gupta for plaintiff tender registered NM NO. 1797 of 2018.
Adv. Dhumale seeks time to file reply on the ground that the concern officer is not available.
Adjd for reply and arguments on NM No. 1797 of 2018 to 12.07.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 12-07-2018

Date: 12-07-2018
Business: Resumed.
Adv. Gupta for plaintiff and Adv. Tavakuli with Adv. Dhumale for MCGM are present.
Adv. Dhumale filed reply and compilation of documents.  Copies are supplied to plaintiff.
Adjd for argument on NM to 09.08.2018
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 09-08-2018

Date: 09-08-2018
Business: Resumed.
Adv. D.D. Jani for plaintiff and Adv. Rawade h/f Adv. Dhumale for MCGM are present.
Adv. Jani seeks time to file rejoinder.
Adjd for rejoinder to NM and arguments to 11.09.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 11-09-2018

Date: 11-09-2018
Business: Resumed.
Adv. Priti Bane for plaintiff and Adv. Dhumale with Adv. Tavakuli for MCGM are present.
In order to maintain proper record following Exh. Are marked. -
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Adv. Bane filed rejoinder.
Matter adjd for NM arguments to 30.10.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 30-10-2018

Date: 30-10-2018
Business: Resumed.
The P.O. is busy in passing judgment in Suit No. 577/2012 and recording evidence in sessions case no. 260/2017 and hearing ad-interim in Suit No. 1250/2009, 2811/2018 and 2830/2018.
For want of time the board is discharged.
Adjd for NM arguments to 20.12.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-12-2018

Date: 20-12-2018
Business: Resumed.
The P.O. is busy in dictating judgment in High Court time bound matter i.e. 1242/2015 and hearing ad-interim arguments in Suit no. 3329/2018, 3360/2018 and 1401/2011.  For want of time the board is discharged.
Adjd for NM arguments to 05.03.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 05-03-2019

Date: 05-03-2019
Business: As court busy in dictating order in Suit no. 778/15 and judgment          S. C. 750/12. Hence board is discharged.
Matter adjd. to 16.4.19 for NM Arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 16-04-2019

Date: 16-04-2019
Business: As Court is busy in dictating NM order and judgment hence board discharged.
Matter adjd to 11.07.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 11-07-2019

Date: 11-07-2019
Business: PO is  on training program at Uttan, hence, board discharged.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-08-2019

Date: 11-07-2019
Business: PO is  on training program at Uttan, hence, board discharged.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: Adv.Ms.V.K.Gupta for plaintiff present.
Adv.Meena Dhuri for defendant/MCGM present.
Matter adjd to 24.09.2019 for NM Argument
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Dhuri  for defendant /MCGM present.
Matter adjd to 19/10/2019 for orders.
Next Purpose: ORDER
Next Hearing Date: 19-10-2019

Date: 24-09-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Dhuri  for defendant /MCGM present.
Matter adjd to 19/10/2019 for orders.
Next Purpose: ORDER
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Adv. Vimla Gupta for plaintiff presentt.
Adv. Meena Dhuri is present for defedant No.3 MCGM.
KB.
The learned adv. Submits Notice of Motion No.1797/18 will be
heard with the suit.
Matter adjd. To 21/11/19 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-11-2019

Date: 19-10-2019
Business: Adv. Vimla Gupta for plaintiff presentt.
Adv. Meena Dhuri is present for defedant No.3 MCGM.
KB.
The learned adv. Submits Notice of Motion No.1797/18 will be
heard with the suit.
Matter adjd. To 21/11/19 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Dhuri/Rawade  for defendant/MCGM present.
Matter adjd to 04/01/2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-01-2020

Date: 21-11-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Dhuri/Rawade  for defendant/MCGM present.
Matter adjd to 04/01/2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-01-2020

Date: 04-01-2020
Business: As Court is on leave.
Matter is adjd to 27/02/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-02-2020

Date: 04-01-2020
Business: As Court is on leave.
Matter is adjd to 27/02/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Plaintiff and advocate absent.
Adv. Mrs. Rawade for MCGM/deft present.
Matter is adjd to 18/06/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-06-2020

Date: 27-02-2020
Business: Plaintiff and advocate absent.
Adv. Mrs. Rawade for MCGM/deft present.
Matter is adjd to 18/06/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-07-2020

Date: 18-06-2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-07-2020

Date: 20-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-09-2020

Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Business: Plaintiff absent.
Adv Nandanwar for MCGM/defendant present.
defendant already treated earlier reply as W/S by giving such endorsement on the reverse page of reply.
Exh.6- W/S.
Exh.7- Issues
Matter adjourned for list of witnesses to 8/10/20.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-11-2020

Date: 08-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-12-2020

Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Adv for plaintiff absent.
Adv Mrs. Rawde for MCGM/defendant present.
Matter adjourned for taking steps to 22/1/21.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-01-2021

Date: 15-12-2020
Business: Adv for plaintiff absent.
Adv Mrs. Rawde for MCGM/defendant present.
Matter adjourned for taking steps to 22/1/21.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: As Court is on leave, hence Matter is adjd to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-02-2021

Date: 22-01-2021
Business: As Court is on leave, hence Matter is adjd to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: None present for plaintiff.
Adv Soraan/Nandanwar (hf) present for MCGM/defendant.
Matter adjourned for steps to 16.03.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-03-2021

Date: 22-02-2021
Business: None present for plaintiff.
Adv Soraan/Nandanwar (hf) present for MCGM/defendant.
Matter adjourned for steps to 16.03.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: None present for plaintiff.
Adv. Nandanwar (hf) present for MCGM/defendant.
Matter adjourned for evidence of plaintiff to 14.06.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Business: Due to covid-19 matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2021

Date: 14-06-2021
Business: Due to covid-19 matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2021

Date: 19-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: As presiding officer is on leave, hence board is discharged and matter is adjd.to.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-10-2021

Date: 03-09-2021
Business: As presiding officer is on leave, hence board is discharged and matter is adjd.to.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: None present for plaintiff
Adv. Kumuda Soraan @ Adv. Amol Diwate present  for MCGM/defendant.
As court is busy in hearing arguments in urgent matters and dictating order on ad-interim relief in suit st. no. 2031/2021 hence remaining board is discharged and Matter adjourned for RE to.12/01/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2022

Date: 29-10-2021
Business: None present for plaintiff
Adv. Kumuda Soraan @ Adv. Amol Diwate present  for MCGM/defendant.
As court is busy in hearing arguments in urgent matters and dictating order on ad-interim relief in suit st. no. 2031/2021 hence remaining board is discharged and Matter adjourned for RE to.12/01/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, Matter adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2022

Date: 12-01-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, Matter adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: As presiding officer is on leave. Hence, Matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-04-2022

Date: 02-03-2022
Business: As presiding officer is on leave. Hence, Matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: As presiding officer is on training at Uttan. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: The court is busy in hearing of HIGH COURT TIME BOUND matter Suit no. 1315 of 2015 and Suit no. 4640 of 2009 hence, for want of time following board discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Court is busy in hearing in urgent matters i.e. Suit No. 3558/2013 and Suit No. 3560/2013 and Judgment dictating in SC No. 297/2019 and Order dictating in Suit No. 5057/12,5058/12,5058/12,1193/19 St. No. 9271/22 and St No. 9271/22. Hence want of time board is discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-11-2022

Date: 17-10-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: As court is busy in recording of evidence in High Court Time Bound Matter i.e. Suit No. 4640 of 2009, and other matters i.e. Suit No. 1520 of 2008, Suit No. 1728 of 2016. Hence want of time rest of the board is discharged.
Matter is adjd for RE on 09-01-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-01-2023

Date: 23-11-2022
Business: As court is busy in recording of evidence in High Court Time Bound Matter i.e. Suit No. 4640 of 2009, and other matters i.e. Suit No. 1520 of 2008, Suit No. 1728 of 2016. Hence want of time rest of the board is discharged.
Matter is adjd for RE on 09-01-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: None for Plaintiff.
Adv. Smt. Vidya Vyavahare @ Adv Tawakulifor MCGM/ defendant  present.
Plaintiff is absent continuously. Evidence not lead. Hence, matter be posted for dismissal on next date.
Matter is adjd for dismissal on 07-02-2023
Next Purpose: DISMISSAL
Next Hearing Date: 07-02-2023

Date: 09-01-2023
Business: None for Plaintiff.
Adv. Smt. Vidya Vyavahare @ Adv Tawakulifor MCGM/ defendant  present.
Plaintiff is absent continuously. Evidence not lead. Hence, matter be posted for dismissal on next date.
Matter is adjd for dismissal on 07-02-2023
Next Purpose: DISMISSAL
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: Adv. for plaintiff is present.
Adv. Tawakuli present for def./MCGM.
Matter adjourned for Dismissal on 28-03-2023.
Next Purpose: DISMISSAL
Next Hearing Date: 28-03-2023

Date: 07-02-2023
Business: Adv. for plaintiff is present.
Adv. Tawakuli present for def./MCGM.
Matter adjourned for Dismissal on 28-03-2023.
Next Purpose: DISMISSAL
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 06-06-2023

Date: 28-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: None for Plaintiff.
Adv. Ms. Tavaqully along with Adv. Rawde for MCGM present.
Matter is adjd to 03.08.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 03-08-2023

Date: 03-08-2023
Business: None for Plaintiff.
Adv. Tavakuli along with Adv. Ms. Rawade for MCGM present.
Matter is adjd  to 10.10.2023 for dismissal of NM.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: None for Plaintiff.
Adv. Tavakuli along with Adv.  Vidya Vyavahare for defendant/MCGM present.
Matter is adjd  to 21.10.2023 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: None for Plaintiff.
Adv. Tavakuli a/w Adv. Ms. Rawade for MCGM present.
Today also the plaintiff and his advocate are absent. Perusal of record reveals that on 19.10.2019, on the request of the Adv for the plaintiff NM No. 1797/18 was tagged with the main suit and accordingly issues have been framed on 14.09.2020. However, till this date, no steps are taken out by the plaintiff to proceed with the suit.
Hence, matter needs to be kept for passing dismissal order.
Matter is adjd  to 02.12.2023 for dismissal of suit.
Next Purpose: DISMISSAL
Next Hearing Date: 02-12-2023

Date: 02-12-2023
Business: None for Plaintiff.
Adv. Tavakuli a/w Adv.  Vidya Vyavahare for defendant/MCGM present.
Today also the plaintiff and his advocate remained absent. In the earlier roznama dtd. 21.10.2023, it was already recorded that NM No. 1797/18 was tagged with the main suit and inspite issues were framed on 14.09.2020, no steps are taken to proceed withh the suit by the plaintiff by tendering his evidence. It also revealed that ad-interim relief was rejected long back. The Ld. Adv. for the defendant submitted that it is also doubtful as to whether the notice structure is in existence or not after the rejection of ad-interim relief. Considering all these circumstances, in my view, there is no propriety by keeping the matter in abeyance which is pending since last five years. Hence, following order is passed -
ORDER
1. Suit stands dismissed in default.
2. NM No. 1797 of 2018 which was tagged with the main suit also stands disposed off in view of dismissal of suit in default.
3. Suit No. 1157 of 2018 stands disposed off accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 02-12-2023

NOTICE OF MOTION/101797/2018

Filing Number: 105833/2018
Filing Date: 20-04-2018
First Hearing Date: 16th July 2018
Decision Date: 02nd December 2023
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE