Oriental Contractors Pvt. Ltd. Through Mohammed Salim Fida Hussain Chohan And Mohd.Nadeem S. ChohanVsMCGM +2 more

Date: 04-06-2019
Business: BY PRECIPEE
Adv.Mr.A.R.Pandey for plaintiff present and filed application for matter taken on today\''s board. O-Allowed.
Adv.Mr.Dhumale a/w. Adv.Mr.Atif Shaikh for defendant/MCGM present.
Adv.of Plaintiff filed draft notice of motion a/w. Affidavit t.o.r.
O-Leave granted to register draft notice of motion.
In the disposed suit bearing No.2811/18, the parties to the said suit were directed to maintain status quo. The said suit is posted on 20.06.2019. As there is already status-quo in respect of suit structure, it would be proper to post the present suit on 20.06.2019. In the meantime, the defendant/corporation to file reply to the notice of motion. It is made clear that the notice of motion would be heard finally that day. The corporation to supply the copy of reply to the notice of motion be provided to the advocate of the Plaintiff in advance.
Ld.Adv.for both the parties seeks authenticated copy of roznama. Copy be given to both the sides.
Matter adjd to 20.06.2019 for NM Reply.
Next Purpose: REPLY
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: Adv.G.P.Naik for plaintiff present.
Adv.Smt. Rawade for defendant/MCGM present.
Matter adjd to 16.07.2019 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 16-07-2019

Date: 16-07-2019
Business: Adv.Shoaib Shaikh for plaintiff Present.
Adv. Rawade for MCGM present.
Earlier order to continue till the next date.
Adjd to 05/09/2019 for reply.
Next Purpose: REPLY
Next Hearing Date: 05-09-2019

Date: 05-09-2019
Business: Adv. Mr. Shoab Shukla  for plaintiff present.
Adv. Ms. Dhuri for defendant/MCGM present.
At the request of Adv. Ms. Dhuri time granted for filling reply.
Earlier order if any to continue till the next date.
Adv. Mr. Shukla seeks time for argument. Time Granted.
Matter adjd to 19/09/2019 for N/M reply .
Next Purpose: REPLY
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Dhuri  for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 26/09/2019 for reply.
Next Purpose: REPLY
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Rawade  for defendant/MCGM present.
The plaintiff and the advocate are absent.
The earlier order granted is vacate.
Matter adjd to 05/10/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-10-2019

Date: 05-10-2019
Business: Wrongly shown on today\''s board. Already adjd. to 22/10/2019.
Next Purpose: HEARING
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: As Court is busy in recording evidence, hearing, passing order and misc. work hence, board is discharged.
Matter is adjd to 19.11.2019 for hrg.
Next Purpose: HEARING
Next Hearing Date: 19-11-2019

Date: 19-11-2019
Business: As Court is busy in hearing arguments, passing orders and
misc. work hence, board is discharged.
Matter adjd to 26/11/2019 for hrg.
Next Purpose: HEARING
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Dhuri  for defendant/MCGM present.
Matter adjd to 28/11/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: As Court is busy in recording evidence, hearing arguments, passing orders and misc. work hence, board is discharged.
Matter adjd to 03/12/2019 for hearing
Next Purpose: HEARING
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: Plaintiff and his adv present.
Adv. Mrs. Rawde a/w Mrs. Tondwalkar present.
Matter is adjd to 05/12/2019.
Next Purpose: HEARING
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Matter is adjd to 10.12.2019 for Argument
Next Purpose: ARGUMENTS
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: Adv. Mr. Suraj Gaikwad for plaintiff present.
Adv. Mrs. Rawade  for defendant/MCGM present.
Matter adjd to 12/12/2019 for hrg.on.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: dv. Mr. A. R. Pande for plaintiff present.
Adv. Mr. Shaikh  for defendant/MCGM present.
Heard arguments of both sides.
Earlier order if any to continue till the next date.
Matter adjd to 04/01/2020 for order on nm.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-01-2020

Date: 04-01-2020
Business: CORAM . HHJ. SHRI. H.A. LADDHAD             (CR No.07)
Matter Purtains to Court no. 5
Adv. Mr. Imriyaz Patel for the plaintiff present.
Adv. Mr. Nandanwar for the defendant MCGM Present.
Earlier order continue .
Matter is adjd. to 16/01/2020 for Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: Adv. Mr. Shaikh Mohd. Shohaib  for plaintiff present
Adv. Mr. A. N. Shaikh with Mrs. Rawade for defendant MCGM Present.
As Court is busy in recording evidence, hearing arguments and passing orders hence,
Mater is adjd to 20.01.2020 for orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Plaintiff and Adv. absent.
Adv.  Mr. Suryavanshi / Mr. Nandanwar  for the defendant  MCGM Present.
As Court is busy in recording evidence, hearing arguments, passing orders and other misc. work
Mater is adjd to 21/01/2020 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: Adv. for the plaintiff present.
Adv. Mr. A. N. Shaikh with Mrs. Rawade  for the defendant  MCGM Present.
F. R. S. R. Following common order is passed on N/M no. 2468/2019-
                              O R D E R
The Notice of Motion No. 2468/2019 is dismissed. ..........

Matter is adjd to 12/03/2020 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Plaintiff and Adv. absent.
Adv. Mr. Shaikh with Adv. Mrs. Rawade for MCGM/deft present .
Plaint.
Vakalatnama of Plaintiff.
Memorandum of address.
List of documents.
N/M reply treated as Written Statement.
Matter is adjd to 20/06/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-06-2020

Date: 26-06-2020
Business: As court is on leave, adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-07-2020

Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-08-2020

Date: 07-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: NOBTOB. SUOMOTO.
Adv Suryawanshi for defendant/MCGM present.
Issues framed at Exh.7.
Matter adjourned for list of witness/RE to 21.01.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: Court is on CSIC Training.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Adv GP Naik present for plaintiff and sought adjournment.
Adv Rawade present for MCGM/defendant.
Matter adjourned for evidence of plaintiff to 06.04.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Board is discharged due to covid-19 pandamic.
Matter adjourned for  R/e. to. 17/06/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2021

Date: 17-06-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: Adv. absent for plaintiff.
Adv Sutar present  for MCGM/defendant.
Plaintiffs evidence is awaited.
Matter adjourned for RE to. 21/09/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: None  for plaintiff.
Adv. Vyavhare present for MCGM/defendant.
Matter adjourned for  Plaintiff Evidence on 25-11-2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: None present  for plaintiff.
Adv. Vyavhare @ Sutar  for MCGM/defendant.
As plaintiff and his adv. absent
Matter adjourned for R/E on 20-01-2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2022

Date: 20-01-2022
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 is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: Adv G.B Naik for Plaintiff present.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
On  oral request made by adv for plaintiff adjournment granted for filing evidence as last chance.
Matter is adjd for filing evidence  on 12-07-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: As court is busy in order dictating and urgent hearing in HCTM matters. Hence, for want of time  board discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: Adv. Mohd. Shoeb for Plaintiff present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
On oral request made by advocate for plaintiff short adjournment is granted.
Matter is adjd for RE on 03-11-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-01-2023

Date: 03-01-2023
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
Plaintiff is absent, hence matter be posted for dismissal on next date.
Matter is adjd for dismissal on 04-02-2023
Next Purpose: DISMISSAL
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: As Court is busy in recording statement u/s 313 of Cr.P.C. in Session Case No. 1490 of 2019 and partly heard arguments in Suit No.2378 of 2012. Hence want of time board is discharged.
Adv Tawakuli for defendant/MCGM is present.
Matter is adjd for dismissal on 16-03-2023
Next Purpose: DISMISSAL
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: None for Plaintiff.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
As Court is busy in recording statement u/s 313 of Cr.P.C. in Session Case No. 406/2020.
Matter is adjd for dismissal on 25-07-2023
Next Purpose: DISMISSAL
Next Hearing Date: 25-07-2023

Date: 25-07-2023
Business: None for plaintiff.
Adv. Ms. Vyavahare for MCGM present.
Matter is adjd  to 14.09.2023  for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 14-09-2023

Date: 14-09-2023
Business: None for Plaintiff.
Adv. Ms. Vyavahare for MCGM present.
Matter is adjd  to 02.11.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Matter is adjd  to 14.12.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Matter is adjd  to 22.02.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 22-02-2024

Date: 22-02-2024
Business: None for Plaintiff.
Adv. Vyavahare for defendant/BMC present.
Matter is adjd  to 06.04.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 06-04-2024

Date: 06-04-2024
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2024

Date: 06-04-2024
Business: None for Plaintiff.
Adv. Vyavahare for defendant/BMC present.
Today also the plaintiff and his advocate are absent. Perusal of roznama reveals that the issues were framed on 05.11.2020 and thereafter matter was continuously proceeding for evidence till 08.09.2022. On 03.01.2023, in view of absence of the plaintiff and his advocate matter proceeded for dismissal. Inspite the matter is time to time kept for dismissal no steps are taken by the plaintiff to proceed with the suit by filing evidence on record. All these circumstances indicate that the plaintiff is not interested to proceed with the suit, therefore, there is no propriety by keeping the case in abeyance. Hence, in view of these reasons following order is passed -
ORDER
1. Suit stands dismissed in default.
2. L. C. Suit No. 1281 of 2019 stands disposed off accordingly.
Disposal Date: 06-04-2024

Date: 08-04-2024
Business: Adv. G. B. Naik for Plaintiff present.
Adv. Pradeep Patil for MCGM present.
Ld. Adv. for plaintiff has filed an application for adjournment. Taken on record and marked at Exh.9.  Order - the application is supported by a copy of discharge summary. Hence, in the interest of justice short adjournment granted.
Matter is adjd  to 12.04.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: None for Plaintiff.
Adv. Pradeep Patil for MCGM present.
Kept back.
Later on at 5.00 p.m.
The plaintiff and his advocate are absent. On 06.04.2024 suit was dismissed in default but on the same day it was restored back on the request of the Ld. Adv. for the plaintiff and matter was kept on 08.04.2024 for evidence. However, on that day, again adjournment application was filed with discharge medical summary, therefore, matter was adjourned till today. However, again nobody turned up. All these circumstance indicate that the plaintiff is not interested to proceed with the case. Hence, matter be kept in special drive on 20.04.2024 for dismissal order.
Matter is adjd to 20.04.2024 for dismissal.
Later on at 5.15 p.m. Adv. G. B. Naik for plaintiff present.
Ld. Adv. For plaintiff has filed affidavit of evidence of PW No. 1Mohd. Salim Fida Hussain Chauhan. TOR and marked at Exh. 10. Copy be served to other side.
He has also filed list of documents. TOR and marked at Exh.11. Copy be served to other side.
Matter is adjd to 01.07.2024 for say on Exh. 11/admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 01-07-2024

Date: 01-07-2024
Business: Adv. A. L. Shaikh for Plaintiff present.
Adv. G. V. Jawale for MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd to 08.08.2024 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 08-08-2024

Date: 08-08-2024
Business: Adv. Imtiyaz Patel for Plaintiff present.
Adv. Sachin Vajale h/f Adv. Chaitanya Dalvi for defendant/BMC present.
Ld. Adv. for MCGM has filed say on overleaf of the Exh.11. Taken on record.
Matter is adjd  to 01.10.2024 for hearing on admissibility of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 01-10-2024

Date: 01-10-2024
Business: Adv. G. B. Naik h/f Adv. Imtiyaz Patel for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 05.12.2024 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-12-2024

Date: 05-12-2024
Business: Adv. G. B. Naik for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to  28.01.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 28-01-2025

Date: 28-01-2025
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to 18.03.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 18-03-2025

Date: 18-03-2025
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd  to 17.06.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 17-06-2025

Date: 17-06-2025
Business: Adv. A. L. Shaikh for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present
Matter is adjd  to 29.07.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 29-07-2025

Date: 29-07-2025
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to 11.09.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: Adv. G. B. Naik for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Considering the submissions of both sides following documents below the List Exh.11 are exhibited as under -
Exh.12 - The document at Sr. No. 12, notice Dtd. 23.06.2017.
Exh. 13 - The document at Sr. No. 13, reply by the plaintiff to notice Dtd. 20.07.2017.
Exh. 14 - The document at Sr. No. 14, notice Dtd. 23.10.2018
Exh. 15 - The document at Sr. No. 15, reply through advocate Dtd. 24.10.2018.
Exh.  16 - The document at Sr. No. 25, speaking order Dtd 21.05.2019.
Matter is adjd  to 13.11.2025 for cross examination of PW No.1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-11-2025

Date: 13-11-2025
Business: None present for plaintiff, failed to adduce evidence.
Adv. Chaitanya Dalvi for Defendant/MCGM present
Matter is adjd to 15.01.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2026

Date: 15-01-2026
Business: In view of office circular No. 14/2026 dated 12.01.2026, holiday is declared on 15.01.2026 on account of election. Hence, matter is adjourned, EOC if any to continue till next date.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2026

Date: 16-03-2026
Business: None for Plaintiff.
Adv. G.V. Jawale for defendant no. 1 MCGM present.
Matter is adjd  to 09.06.2026  for evidence.
Later on 11.35 a.m. Adv. G. B. Naik for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2026

Date: 09-06-2026
Business: None for Plaintiff.
Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd to 04.08.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2026

Date: 04-08-2026
Business: The P.O. is on orientation training at Uttan. Hence, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-09-2026

Date: 05-09-2026
Business: In view of office order No. 270/2026 dated 04.09.2026 on account of Gopalkala holiday is declared. Hence, adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-10-2026

NOTICE OF MOTION/102468/2019

Filing Number: 105918/2019
Filing Date: 03-06-2019
First Hearing Date: 04th June 2019
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE