Sunil Tarkehswar Singh and Anr.VsThe State of Maharashtra and Ors.

Date: 30-05-2019
Business: Adjd
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-06-2019

Date: 03-06-2019
Business: Adjd
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-06-2019

Date: 04-06-2019
Business: Adjd
Next Purpose: ORDER
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Adjd
Next Purpose: ORDER
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: Adv. Holmagi for the Plaintiff present.
Adv. Bhupesh Dhumatkar I/b Alisha Pinto for Defendant no. 5 present.
Adv. Suryawanshi for MMC/Defendant No.2 and 3 present
Adv Ms. Krishana Patel for Defendant no. 4 filed Vakalatnama. t.o.r. O-filed.
Copy of the N/M received by Defendant no. 5.
Matter is adjd. to 19.06.2019 for reply to N/M by Defendant no. 5/ passing no reply against the Plaintiff at 2.45p.m
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2019

Date: 19-06-2019
Business: Adjd
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2019

Date: 24-06-2019
Business: Adv. Holamagi for the Plaintiff present.
Adv. Bhupesh Dhumatkar h/f Alisha Pinto for Defendant no. 5 present.
Adv. Krishna Patel for Defendant no 4 present.
Adv. Kapse for Defendant no. 1 present.
Adv. Suryawanshi for MMC/Defendant No. 2 and 3 present
Original registered N/M No. 932/19 alongwith affidavit in support tendered by Defendant no. 5. t.o.r.
On last date, Ld adv for the Plaintiff has argued in respect of prayer clause (d) and (e) only in N/M no. 1923/19. It is urged by Ld adv for Defendant no. 5 that already he has filed reply to N/M and according to him, the N/M is ready for final arguments. Further he has submitted that the Plaintiff is not pressing other reliefs except relief prayed in clause No. (d) and (e). Besides it is urged by Ld adv for the Plaintiff that on last date, he argued only for appointment of court commissioner and for (d) prayer as ad-interim relief. Considering the fact that now pointed out before me, it appears that N/M has become ready for hearing, as according to Defendant no. 5 details reply on behalf of Defendant no. 5 has already been filed. In such circumstances, the stage of granting adinterim relief has not remained in view of details reply before the court tendered Defendant no. 5. Therefore, it is just and proper to hear N/M on its merits, by giving opportunity to the Plaintiff and Defendant no. 5. Hence, desirable to keep N/M for final hearing and this is not a fit case now to grant any ad-interim relief.
Defendant no. 5 is directed to furnish copy of N/M to the Plaintiff and accordingly copy of N/M furnished to the advocate for the Plaintiff.
Ld adv for the pff has submitted that N/M of the Plaintiff and N/M of Defendant no. 5 are two different aspects. Considering the facts that Defendant no. 5 has appearing in the court, it is for Defendant no. 5 to tender WS on record as per provision of CPC. It appears that there has occurred delay in filing WS and therefore Defendant no. 5 has taken out N/M for condonation of delay in filing WS. Therefore, in the suit both motions will proceed simultaneously.
Matter is adjd. to 19.08.2019 for N/M hearing/ reply to N/M of Defendant no. 5 by the Plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: Adjd
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Adv.A.K.Roy for plaintiff present.
Adv.Ms.Chandramore for BMC/deft/No.2 and 3 Present.
As court is busy in hearing urgent matters.Hence, Board is discharged.
Matter adj for  NM hearing 24.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2020

Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: None for plaintiff.
Adv. Dhumatkar for the defendant No.1 present.
Adv. Mr. Trivedi for defendant No.4 present.
Matter is adjd. to 15/11/2021 for service.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Adv. Mr. Arun Kumar Roy for the plaintiff present.
Adv. Mr. Trivedi for defendant No.4 present.
Adv. Chandramore for defendant/BMC present.
Adv. Mr. Harishankar Pandey h/f Adv. Anisha Pinto for defendant No.5 present and submitted that he is ready to give copy of NM No.1923/2019 to plaintiff.
Copy of NM No.1923/2019 is given to plaintiff by defendant No.5.
Matter is adjd. to 11/01/2022 for NM No.1923/2019 reply and NM No.923/2019 hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: Adv.Arun Kumar Roy for plaintiff.
None for defendant.
Matter is adjd. to 08.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: Adv. Priyanka Mhaske for plff. present.
Adv. Bhupesh Dhumatkar for Deft. No. 5 present.
Adv. Kudalkar Deft. No. 1 present.
Adv. Trivedi for Deft. No. 4 present.
Adv. Hajare for Deft. No. 2 and 3/Corporation present.
Ld. Adv. for Plff. seeks time to file reply to N/m 1923/19 and hearing of N/m 932/19. -O-Time granted as last chance.
Matter is adjd. to 25-04-2022 reply to N/m 1923/19 and hearing of N/m 932/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Adv. Arun Kumar Roy for plaintiff present and files reply to N/m no.932/19 and served copy upon defendants.
Adv. Chandramore for BMC present.
Adv. Bhandari h/f Adv. Trivedi for SRA present.
Adv. Bhupesh Dhumatkar I/f Alisha Pinto for defendant no. 5 present.
Matter is adjd. to 04-07-2022 for hearing of N/m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv. Holamagi for plaintiff present and seeking extension of time to service contempt motion.-O-time extended.
Adv. Chandramore for BMC present.
Adv. Trivedi for SRA present.
Adv. Bhupesh Dhumathar I/b Alisha Pinto for defendant no. 5 present.
Matter is adjd.to 25-07-2022  for
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Adv. Holamagi for plaintiff present and filed joint affidavit of service of NM and filed register NM no. 1790/22 alongwith affidavit.
Adv.Chandramore for defendant/BMC present.
Adv. Bhupesh h/f Adv. Hari Pandey for defendant no. 5 present and seeking time to file reply. Time granted.
Adv.Priyanka Gavkar h/f Adv. Martina Sakpal / State present.
Matter is adjd. to 05.09.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Adv. Arun Kumar Roy with Adv. Holamagi and Adv. Yadav for plaintiff present.
Adv. Priyanka Gaonkar h/f Adv. Martina Sakpal for deft.no. present.
Adv. Trivedi for defendant no. 4 present.
Adv.  Bhupesh Dhumathar a/w Adv. Hari Pandey I/b Ms. Alisha Pinto for deft.no. 5 present and seeking time for filing reply. One week time is granted to file reply.
Adv.Chandramore for defendant no. 2 and 3/BMC present.
Matter is adjd. to 13.09.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Plaintiff present.
Adv. Trivedi for defendant no. 4/SRA present.
Adv. Bhupesh Dhumatkar I/b Adv. H. S. Pandey Deft.no. 5 present and filed reply to contempt NM 1790/22. Copy served to plaintiff.
Matter is adjd. to 14.11.2022 for NM hearing.
LO At 3.31
Adv. Holamagi seeking preponed the date as there is urgency and he will communicate the preponed date to the other party with direction preponed date on 27.09.2022.
Hence, Matter is adjd. to 27.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Plaintiff present.
Adv.Bhandari h/f Adv.Tiwari for defendant no.4 is present.
Adv.Chandramore for defendant no.2 and 3 /BMC present.
Adv.Priyanka Gaonkar h/f Adv.Martina Sakpal for defendant no.1 is present.
Matter is adjd. to 05.12.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: As the Court is on leave.  Board is discharged and matter stands adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2022

Date: 14-12-2022
Business: Adv. Arun Kumar Roy for plaintiff present and filed rejoinder to NM No. 1790/22.
Adv. Mr. Trivedi for Deft.no.4/SRA present
Adv. Bhupesh Dhumatkar for defendant no. 5 present.
Matter is adjourned to 23.01.2023 for Notice of Motion Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Adv. Arunkumar Roy for plaintiff present and submitted that relative of plaintiff expired today. Therefore, unable to conduct the matter and seeking time. Considering nature, time granted.
Adv. Priyanka Gaonkar h/f Adv. Martina Sakpal for Defendant nos.1/State present.
Adv. Mr. Trivedi for Deft.No. 4/SRA present
Matter is adjourned to 20.02.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: Adv. Holamagi a/w Adv. A.K. Roy for plaintiff present.
Adv. Priyanka Gaonkar h/f Adv. Martina Sakpal for Defendant no.1/State present.
Adv. Chandramore for defendant Nos. 2 and 3/BMC present.
Adv. Mr. Trivedi for Defendant No.4/SRA present
Adv. Harishankar Pande for defendant No. 5 present.
As Court is busy in dictating order in NM No. 3814/2022 in Suit No. 296/2020, NM No. 3804/22 in Suit No. 2309/21 and NM No. 713/2017 in Suit No. 38/2017. Hence, Matter is adjourned to 06.03.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: Court is on leave. Hence, board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: Adv. Arun Kumar Roy for plaintiff present.
Adv. Mr. Trivedi for Defendant No.4/SRA present
Adv. Chandramore for defendant Nos. 2 and 3/BMC present.
As Court is busy in dictating judgment in Suit No. 864/2016 and Order in Misc. App. No. 61/2021. Hence, Matter is adjourned to 27.03.2023 for Notice of Motion hearing.
LO at 3.38 pm
Adv. Rupesh Dhumatkar for defendant No. 5 present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: Adv. Arun Kumar Roy for plaintiff present.
Adv. Mr. Trivedi for Defendant No. 4/SRA present
Adv. Khandagle for defendant Nos. 2 and 3/BMC present.
Adv. Rupesh Dhumatkar for defendant No.5 present and seeking time for NM hearing. Time granted.
Adv. Vaibhavi Pawar h/f Adv. Kudalkar for Deft No.1/State present.
By Consent Matter is adjourned to 18.04.2023 for NMs No. 1923/19 and 1790/22 hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: By precipe
Adv. Holamagi h/f. Adv. Arun Kumar Roy for plaintiff present and submitted that he is going to file contempt proceeding.
Adv. Bhupesh Dhumatkar for defendant No.5 present.
With the consent of both the advocate matter is fixed on 05.04.2023 for filing application on record.
The plaintiff is directed to serve the copy of application in advance to other party.
Matter is adjourned to 05.04.2023 for Compliance (filing application).
Next Purpose: COMPLIANCE
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: As the Court is on leave. Hence board is discharged and matter adjd. to 17.04.2023 for N/M hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Adv. Holamagi for plaintiff present and filed violation of undertaking by defendant no. 5. Copy supplied to defendant no. 5
Adv. Mr. Trivedi for Defendant No.2/SRA present
Adv. Rupesh Dhumatkar for defendant No.5 present.
Matter is adjourned to 03.05.2023 for NM hearing/Reply on violation of undertaking by defendant no.5.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: None present for the plaintiff.
Adv. Ms. Chandramore for defendant Nos. 2 and 3/BMC is present.
Adv. Mr. Trivedi for defendant No.4/SRA is present.
Adjourned for NM hearing to 12.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Adv. Ms. Sudha Kanojiya for the plaintiff is present.
Adv. Ms. Chandramore for defendant Nos. 2 and 3/BMC is present.
Adv. Mr. Trivedi for defendant No.4/SRA is present.
Adv. Mr. Harishankar Pandey for defendant No. 5 is present.
Adv. for the plaintiff seeks time for hearing on NM by submitting that her senior is busy in Hon’ble High Court. Time is granted.
Matter is adjourned to 28.11.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2023

Date: 28-11-2023
Business: None present for the plaintiff.
Adv. Ms. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant No.1/State is present.
Adv. Ms. Chandramore for defendant Nos. 2 and 3/BMC is present.
Adv. Mr. Trivedi for defendant No.4/SRA is present.
Adv. Mr. H.S. Pandey for defendant No. 5 is present.
Matter is adjourned to 20.02.2024 for NM hearing.
Later on 04:40 pm.
Adv. Mr. Kumar Roy for the plaintiff is present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2024

Date: 20-02-2024
Business: Adv. Mr.Arun Kumar Rao for the plaintiff is present.
Adv. Ms.Martina Sakpal for defendant no.1/State is present.
Adv. Mrs.Chandramore for defendant no.3/BMC is present.
Adv. Mr.Trivedi for defendant no.4/SRA is present.
Adv. Mr. H.S.Pande for defendant no.5 is present.
Adv. for plaintiff seeks time for NM hearing.
Matter is adjourned to 26.04.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: Adv. Ms.Sudha Kanojiya a/w Adv.  Sujata Shivale for the plaintiff is present.
Adv. Mr.Krishna Yadav h/f Adv. Martina Sakpal for defendant no.1/State is present.
Adv. for plaintiff seeks time for NM Hearing.
Matter is adjourned to 03.07.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: Adv. Mr.Arun Kumar Roy  for the plaintiff is present.
Adv. Mrs. Priyanka Gaonkar h/f Adv. Martina Sakpal for defendant No.1/State is present.
Matter is adjourned to 25.07.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2024

Date: 25-07-2024
Business: Adv. Ms.Sujata Shivale i/b Adv. Arun Roy for the plaintiff is present.
Adv. Mr.Khatib h/f Adv. Martina Sakpal for defendant/State is present.
Matter is adjourned to 03.09.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2024

Date: 03-09-2024
Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2024

Date: 11-11-2024
Business: Adv. Sumit h/f Adv. A. K. Roy present for plaintiff and sought adjournment.
Advocate Rahul Rathod for defendant/BMC present.
Advocate Kudalkar h/f Adv. Sachin Kadam present for defendant/State.
Advocate Trivedi for defendant/SRA present.
Matter is adjourned to 17/01/25 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2025

Date: 17-01-2025
Business: Adv. Arun Kumar Roy present for plaintiff.
Adv. Farkanda Shaikh h/f Adv. Martina Sakpal present for defendant no. 1/State.
Advocate Rahul Rathod for defendant no. 2 and 3/BMC present.
Advocate Trivedi for defendant no. 4/SRA present.
Defendant no. 1 to 4 failed to file reply on NM no. 932/19, 1790/22 and 1923/19. Hence, Matter to proceed without reply on NM.
Adv. for plaintiff seeks time for hearing on NM.
Matter is adjourned for NM hearing to 04/03/25.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2025

Date: 04-03-2025
Business: As court is on half day leave, board is discharged and matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2025

Date: 21-04-2025
Business: As court is on leave. Board is discharged and matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2025

Date: 24-06-2025
Business: None present for plaintiff.
Adv. Rahul Rathod present for defendant/BMC.
Adv. Priyanka Gaonkar  H/F Adv.Sakpal Defendant No.1 present.
Adv.Dube for Defendant No.4 present.
Matter is adjourned to 4.08.2025  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2025

Date: 04-08-2025
Business: P.O. is on leave today hence, board is discharged and matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2025

Date: 06-10-2025
Business: Adv. Bhawani Pher Dubey i/b Adv. Arun Kumar Roy present for plaintiff and sought adjournment. O-Allowed.
Adv. V. G. Shinde h/f Adv. Rahul Rathod for defendant/BMC present.
Adv. Trivedi for defendant/SRA present.
Matter is adjourned to 26.11.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2025

Date: 26-11-2025
Business: None present for plaintiff.
Adv. Namrata Kharat h/f Adv. Martina Sakpal present for defendant no.1/state.
Adv. Rahul Rathod for defendant/BMC present.
Adv. Bhandari h/f Adv. Trivedi for defendant/SRA present.
As plaintiff and his advocate are absent, Matter is adjourned to 27.01.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2026

Date: 27-01-2026
Business: Adv. Bhawani Pher Dubey i/b Adv. Arun Kumar Roy present for plaintiff.
Adv. Kapse for defendant/State present.
Adv. Rahul Rathod for defendant/BMC present.
Order on NM 932/2019
This NM is filed by the defendant no.5 for condonation of delay caused in filing WS. Perused the NM as well as reply filed by the plaintiff on 25.04.2022. There is delay of 87 days in filing WS by the defendant no.5. Hence, in order to decide the matter on merit and though plaintiff has opposed present NM on various grounds, delay caused in filing WS is hereby condoned as prayed and accordingly, Notice of Motion no.932/2019 is allowed subject to cost of Rs.1,000/- to be paid by the defendant no.5 to the plaintiff till next date. After payment of amount of cost, defendant no.5 to file WS forthwith.
Matter is adjourned to 23.02.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-02-2026

Date: 23-02-2026
Business: Adv. Jayant Parab i/b Arun Kumar Roy present for plaintiff.
Adv. Rahul Rathod for defendant/BMC present.
Adv. Namrata Kharat h/f Adv. Martina Sakpal present for defendant/State.
No amount of cost is deposited hence, Matter is adjourned to 02.04.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-04-2026

Date: 02-04-2026
Business: As the Court is on leave.  Hence, board is discharged and matter stands adjd.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2026

Date: 17-06-2026
Business: Adv. Rohit Yadav i/b Adv. Arun Kumar Roy present for plaintiff.
None present for defendants.
The Court is busy in hearing argument in NM no. 2746/2024 and passing order in NM. Hence, matter adjourned.
Matter is adjourned to 05/08/2026 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 05-08-2026

Date: 05-08-2026
Business: Adv.  Arun Kumar Roy a/w Adv. Shyampati Yadav present for plaintiff.
Adv. Anjali Dhange i/b Adv. Martina Sapkal for defendant no.1/ State present.
Adv. Pooja Nagarthawar for defendant nos.2 to 4/BMC present.
Adv. Darshit Rupda i/b MDP Legal present for defendant no.5.
Already note of non-deposit of amount of cost by the defendant no.5 is taken in roznama dated 23.02.2026. Hence, matter to proceed further without WS of defendant no.5.
Adv. Darshit Rupda filed pursis vide Exh.__ intimating that he will appear on behalf of defendant no.5 and undertakes to file Vakalatnama on next date.
Matter is adjourned to 14.10.2026 for Hearing of NM and No WS.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2026

Main Case No: SUIT/0100287/2019
Main Cnr: MHCC010069922018
Main Filing No: 111447

Registration Number: 101923/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 105817/2019
Filing Date: 30-05-2019
First Hearing Date: 30th May 2019
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE