Nice AdsVsState of Maharashtra +3 more

Date: 01-07-2019
Business: Adv. Dhima h/f Makrand Raut for the Plaintiff present.
Adv. Martina Sapkal for Defendant present.
Adv. Suryawanshi for MMC/Defendant No. 2 and 3 present
Matter is adjd. to 12.07.2019 for N/M hearing/ passing no WS order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: Adv. Raut for the Plaintiff present.
Adv. Gadkar for Defendant-5 present.
Adv. Suryawanshi with Puranik for MMC/Defendant present
Court is busy in hearing arguments in St 8104/19, 8105/19 and 8106/19.
Earlier ad interim order be continued till next date.
Matter is adjd. to 28.08.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: Adv. Raut for the Plaintiff present.
Adv. Mrs. Gadkar for Defendant no. 3 present.
Adv. Shukla h/f Martina Sapkal for Defendant present.
Court is busy in hearing arguments and dictating order in other matters on board.
Matter is adjd. to 26.09.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Adv. Mr. Raut for the Plaintiff present.
Adv. Mr. Shukla h.f Martina Sapkal for Defendant present.
Earlier ad interim order be continued till next date.
As Court is busy in recording evidence in SU No. 9113/93 and mediation matters, hence board discharged.
Matter is adjd. to 8.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: Adv. Vidhi Doshi for the Plaintiff present.
Adv. Shukla h/f adv. Martina Sapkal for Defendant no.1 to 3/ state present.
Earlier order to continue till next date.
Court is busy in passing order and preceipe matters, hence matter is adjd. to 29.11.2019 for N/M reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2019

Date: 29-11-2019
Business: Adv. Hima Khuman, for plaintiff present.
Adv. Shukla h/f Adv. Martina Sapkal for defendant Nos. 1 to 3 present.
Earlier order to continue till next date.
Adjd for NM reply/re-joinder to 19.12.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Adv. Makrand Raut  for Plaintiff is present.   He filed draft Ch/s along with affidavit in support. Leave to register is granted. NM/reply tendering Ch/s. He also filed rejoinder to reply of defendant Nos. 1 and 2.  Copy be served on Advocate of defendant Nos. 1 to 2.
Adv. Gadkar  for defendant no.4  is present. She seeks time for tendering NM reply. O- Granted as a last chance..
Adv. Chandramore for defendant No.2 and 3 present. She seeks time for tendering NM reply. O- Granted as a last chance..
Adv. Shukla h/f Adv. Martina Sakpal for defendant No.1 to 2 is present.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjd. for  NM reply / tendering registered Ch/S / service to 20.02.2020.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Adv. Heema for plaintiff is present.
Adv. Chadramore for defendant no. 2 and 3 is present. She submitted that copy of Ch/s is not served to defendant no. 4 and 5. adv. of plaintiff undertakes to serve the copy of Ch/s.
Adv. Shukla h/f Sakpal for defendant no. 1 is present. He submitted that he do not wish to file reply on N/M no. 2197/2019.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjd. for N/M hearing to 27/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Earlier order, if any to continue till next date
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: Both the parties and their advocates are absent.
Matter is adjd. to 20/03/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: Adv.Hima for plaintiff.
None for defendant.
KB.
Compilation of documents filed on be half of defendants t.o.r.
Application for continuation of ad-interim relief. Other side to say.
KB
Adv.Martina Sakpal for defendant no. 1 to 3.
Say filed by AGP.
Order
Heard. On 04.06.2019, ad-interim relief was granted to the plaintiff till next date i.e. 07.06.2019. However, on 07.06.2019, 15.06.2019, 20.06.2019, 01.07.2019 and 12.07.2019, ad-interim relief was not extended. It means that on 07.06.2019 itself the ad-interim relief granted to the plaintiff stood vacated. However, on 27.09.2019, the earlier ad-interim order was extended till next date without referring to the earlier Rozanama. On 19.12.2019 and 20.02.2020,  the earlier ad-interim relief, if any was directed to be continued till next date. On 08.04.2020, 20.04.2020, 11.05.2020, 30.05.2020, 17.06.2020, no order regarding extension of ad-interim relief was passed. On 06.11.2020,  the earlier ad-interim relief, if any was directed to be continued till next date i.e. till 08.01.2021. On  08.01.2021, ad-interim relief was not extended. As per the order dated 09.12.2020 in Suo Motu Writ Petition (ST) No. 93432 of 2020, the Hon\\\''ble Bombay High Court had extended the protective order restraining public authorities from giving effect to the order of demolition and other orders that might entail civil consequences to the citizens till 31.01.2021 and not beyond. On 31.01.2021 or on 01.02.2021, ad-interim injunction order was not extended. In para 7 of the judgment in Vishnu Dutt Sharma Vs. Regional Joint Director of Education, Agra and others (MANU/UP/0133/2001),  the Hon\\\''ble Allahabad High Court made it clear that the direction given in that order were applicable only to that Court. Even otherwise, in the order dated 09.12.2020 in Suo Motu Writ Petition (ST) No. 93432 of 2020, the Hon\\\''ble Bombay High Court specifically made it clear that after 31.01.2019, the public authorities shall be at liberty to enforce orders, passed against parties adverse to their interest, in accordance with law. The ad-interim injunction orders were extended by virtue of the order dated 09.12.2020 in Suo Motu Writ Petition (ST) No. 93432 of 2020 till 31.01.2021 and not beyond. So, the decision in Vishnu Dutt Sharma\\\''s case will be of no avail to the plaintiff. Today, the ad-interim relief is not in existence. So, the question of extension of the ad-interim injunction does not arise. Now, the NM can be decided on merits.  Hence, the application stands rejected.
On oral request of the advocate for the plaintiff, time for registration of  Ch/s is extended till next date.
On oral request of the advocate for the plaintiff, matter is adjd. to 16.04.2021 for tendering registered NM and Ch/s/reply.
Next Purpose: REPLY
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: due to covid-19
Next Purpose: REPLY
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: None for plaintiff.
Adv. Mr. Kapse for the defendants No.1 to 3 present.
Adv. Chandramore for defendants No.4 and 5/BMC present.
Matter is adjd. to 21/10/2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv. Poonam Parab for Plff present.
As Court is busy in recording evidence in Suit No.5108/2012. Hence, board is discharged.
Matter is adjd. to 21-01-2022.
Next Purpose: REPLY
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: Adv Mr.Redij for plaintiff present.
Matter is adjd. to 01.04.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Adv. Mr. Akshay Nawar for Plff. present and tendered registered N/M NO.722/2021. T.O.R.
As Court is busy in hearing argument SU 1340/20 and recording evidence in SU 2010/10.
Matter is adjd. to 28.06.2022 for Ch/s. reply.
Next Purpose: REPLY
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: court is on leave
Next Purpose: REPLY
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: Adv. Hima Kumar h/f Adv. Makrand Raut for plaintiff present.
Adv.Chandramore for defendant no. 5/BMC present.
Adv. Gadkar for deft.no. 4 present and filed reply to NM no. 2197/19. Copy served to Plaintiff.
Matter is adjd. to 06.10.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: Adv. Hima Kumar h/f Makrand Raut for plaintiff present.
Adv. Gadkar for Deft.No. 4 present.
Court is busy in hearing argument in Misc. Application NO. 128/22 in Suit No. 3147/2018.
Hence, Board is discharged.
Matter is adjd. to 23.11.2022 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: Adv. Hima Kumar h/f Adv. Makrand Raut for plaintiff present.
Adv. Chandramore for defendant/BMC present.
Adv. Gadkar for defendant No. 4 present.
Adv. Priyanka Gaonkar h/f Adv. Martina Sakpal for deft.no.1/State present.
After giving sufficient opportunities to the BMC, they failed to file reply to CS. Hence, no reply order is passed against BMC.
Matter is adjd. to 13.01.2023 for ch/s Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: As Court is busy in dictating orders in draft NM in Suit No. 1552/21 and in Suit No. 1688/10 hence, the board is discharged.
Matter is adjourned to 08.03.2023 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: court is on leave
Next Purpose: C/S  HEARING
Next Hearing Date: 21-04-2023

Date: 21-04-2023
Business: dv. Hima Khuman h/f Adv. Makrand Raut for plaintiff present.
Adv. Chandramore for defendant/BMC present.
Adv. Mrs. Gadkar for defendant No. 4 present.
Matter is adjourned to 06.07.2023 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Adv. Ms. Hima Khuman h/f Adv. Raut for the plaintiff is present.
Adv. Ms. Vaibhavi Pawar h/f Adv. Sakpal for defendant No. 1/State is present.
Adv. Ms. Chandramore for defendant Nos. 2 and 3/BMC is present.
Adv. Ms. Gadkar for defendant No. 4 is present.
Adv. for the plaintiff seeks time for hearing on Ch/s. Time is granted.
Matter is adjourned to 06.09.2023 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: Adv. Mr. Makrand Raut for the plaintiff is present.
Adv. Mr. Darshan Jain h/f Adv. Martina Sakpal for defendant/State is present.
Adv. Ms. Chandramore for defendant Nos. 2 and 3/BMC is present.
Adv. Ms. Gadkar for defendant No. 4 is present.
Plaintiff filed the application for withdrawal of suit along with authority letter. TOR. It is marked at Exh. 06.
O- Today, it is submitted on behalf of plaintiff that plaintiff is desirous to withdraw the present suit. Since, plaintiff is withdrawing the suit unconditionally. Permission is granted to withdraw the suit.
Hence, suit stands disposed of as withdrawn and pending NM No. 2197/2019 and Ch/s No. 722/2021 also stands disposed off.
Nature Of Disposal: WITHDRAWL
Disposal Date: 06-09-2023

CHAMBER SUMMONS/100722/2021

Registration Number: 101615/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 105866/2019
Filing Date: 03-06-2019
First Hearing Date: 01st July 2019
Decision Date: 06th September 2023
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE