Mr. Inquilab Ahmed Khan (St. No. 5692 ofVsMCGM

Date: 08-12-2020
Business: Adv. Megha Shigvan  h/f Adv. Kajal Chaurasia  for Plaintiff , prayed for short adjournment.
She has also tendered registered NM 1828/20.
Adv. Tondwalkar for deft./MCGM present.
Ptf. to register the suit within 10 days.
Earlier order, if any, to continue till next date.
Matter is adjd.to 05-01-2021  for NM Reply.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Next Purpose: REPLY
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Next Purpose: REPLY
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Next Purpose: REPLY
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Due to surge in Covid-19 matter is adjourned to next date.
Next Purpose: REPLY
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: CORAM - H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to CR NO.11)
Adv Kajal Chaurasiya for plaintiff present and tendered application for continuation of earlier order. Said application is TOR and marked as Exh.2
Adv Mrs Mhatre for defendant / MCGM present.
Adv for plaintiff filed application to continue the ad-interim protection given to him on 24.11.2020. The advocate for defendant opposed the application on a ground that plaintiff has not complied the directions given to him in order dated 24.11.2020.
ORDER
Perused application. Heard both sides.
On 24.11.2020, specific directions was given to the plaintiff. The advocate for the plaintiff admitted that they have not complied the directions. Hence plaintiff is directed to file documents given in order dated 24.11.2020.
Earlier order, if any, to continue till next date.
Adjd. To 18/11/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Kajal Chourasia for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For compliance to 07.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Gyatri Kumar for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For compliance to 13.01.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: None present for plaintiff.
Adv. Ms Mhatre for defendant/MCGM is present.
In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till the next date.
Adjourned for Compliance to 17.02.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv. Ms. Gaytri Kumar for the plaintiff is present and filed copy of un-scaled map and photograph. TOR. It is marked at Exh.3
O- Filed.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and filed Affidavit in reply, along-with list of documents. TOR. It is marked Exh.4. O- Filed.
Copy is supplied to the advocate for plaintiff.
Advocate for the plaintiff also filed Contempt NM No. 635/2021, along-with the affidavit. TOR. It is marked Exh.5. The advocate for defendant denied personal service of this motion. Hence, the plaintiff is directed to ensure due service of this motion upon the concerned. The advocate for the plaintiff is further called upon to argue on the maintainability of this Contempt NM along-with the suit.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing and argument on maintainability of Contempt NM to 31.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Adv. Ms. Megha Shigwan for plaintiff is present and orally requested time for NM hearing and securing service of contempt NM on the concerned officer. Time is granted.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for steps/NM hearing/argument of contempt NM to 05.07.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Adv. Ms. Kajal Chowrasiya for the plaintiff is present and orally requested for time to argue on maintainability of contempt NM with the suit. Time is granted.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for maintainability of contempt NM/NM hearing to 18.08.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Adv. Ms. Gayatri Kumar for the plaintiff is present and orally requested for keeping back the matter.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
KB LO 03:25 pm.
None present for plaintiff. The plaintiff is called upon to proceed with the matter. In default, the NM would stand dismissed.
Earlier order, if any, to continue till the next date.
Adjourned for hearing /Orders on Contempt NM to 11.10.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv. Kajal Chourasia for the plaintiff is present and orally requested for time to argue on contempt NM. Granted as a last chance.
Adv. Khandagale h/f Adv. J.V. Mhatre for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for hearing on contempt NM to 15.11.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: Adv. Ms. Kajal Chourasiya  for the plaintiff is present and submitted that the contempt NM may be registered as Misc. Judicial Application.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for Order on contempt NM to 06.12.2022.
Next Purpose: ORDER
Next Hearing Date: 06-12-2022

Date: 06-12-2022
Business: Adv. Ms. Kajal Chourasia for the plaintiff is present.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
KB LO at 03:55 pm.
Order below exhibit No. 01:
     Heard learned advocate for the plaintiff. Having considered her submissions, it is to be noted that NM No. 635/2021 is filed to initiate contempt action against the concerned Officer of the defendant to have willfully committed the violation of the Order
dtd. 24.11.2020. As such, trying of this NM, along-with the suit, would certainly delay the trial. On this background, in view of the ratio laid in the matter of Rampyaribai wd/o. Sukhdeo Daga and others V. Niladevo wd/o. Narayandas Jakhotiya and Others, 2007(4) Mh.L.J. 213, it would be just to separate this contempt NM and to get registered as an independent proceeding, as is suggested by the learned advocate for the plaintiff. In the result, without recording any finding on merits, the Contempt NM
No. 635/2021 stands disposed of as not tenable, along-with the suit. The plaintiff is placed at liberty to file separate Miscellaneous Judicial Case as regards the alleged Contempt, if he so desires, by withdrawing this NM and relevant papers from the record, on furnishing its true copies. The Sheristedar to do the needful.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 07.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: Adv. Ms. Kajal Chourasia for the plaintiff is present.
Adv. Khandagale h/f Adv. Mhatre for defendant/MCGM is present.
Earlier order to continue till next date.
Adjourned for NM Hearing to 11.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2023

Date: 11-04-2023
Business: PO is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2023

Date: 02-09-2023
Business: NOBTOB
None present for the plaintiff.
The record shows that the SU No. 1316/2020 is already disposed of as withdrawn unconditionally by the plaintiff on 30.09.2022. However, inadvertently, it seems that while disposing of this matter NM No. 1875/2020 (wrongly linked with the Stamp No. 5692 of 2020, SU No. 1451/2020) could not be disposed of and therefore, it is pending as per CIS. Hence, to regularize the CIS updates, even NM No. 1875/2020 (which was originally filed in this matter) also stands disposed of in view of the disposal of the suit itself on 30.09.2022. The Sheristedar to take the needful entry on CIS.
Nature Of Disposal: OTHER
Disposal Date: 02-09-2023

Filing Number: 106045/2020
Filing Date: 08-12-2020
First Hearing Date: 08th December 2020
Decision Date: 02nd September 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE