Hiralal Gurjar +11 moreVsMCGM +1 more

Date: 19-06-2019
Business: Adv. A. B. Ketkar with Adv. Kapil Shetye for plaintiff present and tendered draft NM with affidavit.  Leave is granted to register the NM.
Adv. Khandagle for Deft./MCGM present and filed compilation of documents.
Adjd to  21.06.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 21-06-2019

Date: 21-06-2019
Business: None for plaintiff.
Adv. Khandagle for Deft./MCGM present.
Kept back.
L. O. at 3.30 p.m. Adv. A. B. Ketkar with Adv. Kapil Shetye for plaintiff present and tendered affidavit. Copy served to defendant/MCGM.
Plaintiff is directed to register the NM on or before next date.
Ld. adv. for defendant MCGM seeks time to file documents.  Hence defendant/MCGM is directed to maintain status-quo in respect of the suti premises till next date.
Authenticated copy be given to the both parties.
Adjd to 26.06.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: Adv. Kapil Shetye for plaintiff present and tendered registered NM No. 2282/19 with affidavit.
Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for def., adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 24.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: Adv. Kapil Shetye for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for def., adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 18.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: Adv. Kapil Shetye for plaintiff present.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd to  18-12-2019 for N.M. Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Adv.  Kapil Shetye for plaintiff present.
Adv. Mrs. D.D. Patil h/f Adv. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to  08-04-2020 for N/M reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

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

Date: 17-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2020

Date: 25-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: None for plaintiff.
Adv. Ms. Hajare h/f Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 22/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv. Kapil Shetye for plaintiff present.
Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 14/06/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Business: Due to Covid-19, matter is adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: CORAM  H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
(Matter pertains to C.R. NO.08)
Adv Kapil Shetye for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 11/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Adv Kapil Shetye for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 17/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: Adv. Kapil Shetye for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and filed reply to NM cum W.S., t.o.r. and marked as Exh.2. Copy is supply to other side.
Earlier order, if any, to continue till next date.
Matter is adjd to 28/01/2022  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: In view of office order no.7/2022 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 next date.
Adjd. to 25/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Adv Kapil Shetye for plaintiff  present.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 25/04/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Adv. Sweety Murugule for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present and tendered list of documents t.o.r and marked as Exh.3. Copy is serve to other side.
Earlier order, if any, to continue till next date.
Adjd. To 29/06/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Adv. Mugdha Bhosale h/f  Kapil Shetye for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. to 13/07/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Adv. Kapil Shetye for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. to 10/08/2022 at 01.00 p.m. for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Agnes for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 24/08/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Adv. Jamkhande for plaintiff present and tendered V/P. TOR and marked as Exh.3.
Adv. Mrs. Tondwalkar for defendant Nos.1 to 3/ BMC is present. Adv. for plaintiff requested time to argue on N/M. Adv. for corporation opposed for adjournment on ground that PAP structures. There is a interim injunction. However, time is granted as a last chance.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 23/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: Adv. Jamkhandi for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 30/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: Adv. Jamkhandi for plaintiff present and tendered draft Ch/S, TOR. Leave is granted to register the same, returnable on next date. Copy be served to other side.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and opposed continuation of earlier order stating that these are the tactics of the plaintiff to prolong the suit. Today Adv. for plaintiff tendered draft Ch/S for amendment hence, matter is adjourned for filing say.
Plaintiff is directed to serve copy of Ch/S to deft.
Earlier order, if any, to continue till next date.
Adjd. to 03/10/2022 for service and reply to Ch/S.
Next Purpose: SERVICE
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Adv. Jamkhandi for plaintiff present and tendered Ch/S No.1586/2022, TOR. Copy is supplied to other side.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B.
L.O.
Same appearance.
Adv. for deft/BMC has given say on Ch/S overleaf.
Heard both sides on Ch/S. No.1586/2022
Adjd. to 07/10/2022 for order on Ch/S No.1586/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Adv. Jamkhandi for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Following order is passed on Ch/S No.1586/2022-
O R D E R
1.     The plaintiff taken out this Ch/S under order 6 rule 17 of CPC for carrying out amendment in the plaint. It is contended that after filing Suit plaintiffs collected documents which were not in their possession to plaintiffs are seeking amendment in the pleading in regard to the documents which were not in possession of the plaintiffs at the time of filing of suit.
2.    Adv. for defendant/ corporation opposed application and denied contentions in the application. It is further contended that plaintiffs filed the suit on the basis of forged and fabricated documents and prolonging the suit to enjoy interim protection. Therefore, Ch/S be dismissed.
3.     Heard Adv. for the parties. Perused Ch/S, affidavit in support thereof and documents on record.
4.     The plaintiffs has taken out the Ch/S for amendment in the plaint. It is contended that after filing suit plaintiffs have collected some documents which are necessary for effective adjudication of dispute. It is well settled that the amendment of pleading at pretrial stage should be normally allowed if no any prejudice or injustice is caused to the other side and if the nature of the Suit is not likely to be changed as result of the amendment. In this case the Suit is at pretrial stage. The purpose of allowing amendment is to set arrest the controversy in the same suit. Mere delay cannot be ground to reject the amendment. In the case in hand the suit is pretrial stage and proposed amendment appears to be just and necessary for effective adjudication of the dispute. The nature of Suit is not likely to be changed as a result of amendment  Therefore, Ch/S deserves to be allowed. Hence, I passed following order-
O R D E R
1.     Ch/S No.1586/2022 is allowed in terms of prayer clause(a).
2.     Plaintiff to carry out necessary amendment till next date.
3.     Copy of amended plaint be served upon other side.
4.   Ch/S No.1586/2022 stands disposed of accordingly.
Earlier order, if any, to continue till next date.
Adjd. to 12/10/2022 for compliance and N/M hrg.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 07/11/2022 for compliance and N/M hrg.
L.O.
Adv. Shejal V. Nag h/f Adv. Jamkhandi for plaintiff present.
Earlier order, if any, to continue till next date.
Already adjd. to 07/11/2022 for compliance (service of copy of amended plaint upon defendant) and N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2022

Date: 07-11-2022
Business: Adv. Shejal V. Nag h/f Adv. Jamkhandi for plaintiff present and requested time to argue on N/M on ground that senior Adv. is held up in Dindoshi Court. Adv. for deft./ BMC opposed for adjournment on ground that this matter is pertains to PAP. However, as a last chance time is granted.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 11/11/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: Adv. Shejal V. Nag h/f Adv. Jhamkhandi for plaintiff present and served the copy of amended plaint to other side. She further submitted that advocate on record not received copy of N/M reply. However, copy has been received by previous advocate. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and opposed continuation of earlier order. However, as a last chance time granted with direction if plaintiff did not argue N/M, earlier order will not be continued.
Earlier order, if any, to continue till next date.
Adjd. to 16/11/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Adv. Shejal V. Nag h/f Adv. Jhamkhandi for plaintiff present and tendered rejoinder, TOR. Copy is supplied to other side.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B.
L.O.
Same appearance.
Due to paucity of time, matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. to 07/12/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: Adv. Kharatmol h/f Adv. Jamkhandi for plaintiff present and requested time to argue on N/M as Adv. on record is going to file written argument on next date and requested short date. Adv. for corporation opposed adjournment. However, on previous date rejoinder has been filed and today is the first date for hearing.  Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 16/12/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Adv. Kharatmol h/f Adv. Jamkhandi for plaintiff present and tendered reply argument in N/M, TOR and marked as Exh.4. Copy is supplied to other side.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B. for defendant\''s argument on N/M.
L.O.
None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Heard Adv. for defendant/BMC on N/M No.2282/2019.
Earlier order, if any, to continue till next date.
Adjd. to 16/01/2023 for order on N/M No.2282/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Adv. Jamkhandi for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
F.R.S.R. following order is passed on N/M No.2282/2019-
O R D E R
1.     Notice of Motion No.2282/2019 is dismissed.
2.     Cost in cause.
Adjd. to 20/03/2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: Court is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-06-2023

Date: 17-06-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant/BMC present.
Draft issues not tendered by both parties. hence matter adjourned for framing issues.
Adjd  to  05.08.2023 for framing issues
L.O. 11.40 a.m.
Adv. Jamkhandi for plaintiff present.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-08-2023

Date: 05-08-2023
Business: Adv. Jamkhandi for plaintiff present.
Advocate Mhatre h/f Suryavanshi for defendant /BMC present.
Adjd to 07.10.2023 for draft issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: Advocate Kharatmol for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Exh. …. Issues are framed.
Adjd  to 19.12.2023     for  List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: Advocate Jamkhandi for plaintiff present and submitted that AO against dismissal of NM is pending. Today is first date for evidence of plaintiff . Hence matter adjourned
Advocate Mhatre for defendant/BMC present.
Adjd  to  13.02.2024    for  plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-02-2024

Date: 13-02-2024
Business: None present for plaintiff
Advocate Jyoti Patil-Mhatre for defendant/BMC present.
Adjd  to 16.04.2024  for  plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2024

Date: 16-04-2024
Business: None present for plaintiff.
Advocate Mhatre h/f Suryavanshi for defendant/BMC present.
Adjd  to 15.07.2024   for plaintiff evidence/R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2024

Date: 15-07-2024
Business: Advocate V.S. Khandelwal h/f Jamkhandi for plaintiff present and submitted that  plaintiff wants to withdraw the suit.
Plaintiff absent.
Advocate   Botlawar  for defendant/BMC present.
Matter is referred to National Lokadalat will be held on 27.07.2024.
Plaintiff is directed to remain present on 27.07.2024 at 10.30 a.m before National Lokadalat.
Adjd to 27.07.2024 for Report
Next Purpose: REPORT
Next Hearing Date: 27-07-2024

Date: 27-07-2024
Business: Matter pertains to CR No. 4
Adv. V. S. Khandelwal for plaintiff present.
Plaintiff No. 1 is present.
Mr. Suryakant Botlawar, SE (Road) present.
Adv. Pooja Nagarthwar for Defendant/MCGM present.
In terms of unconditional withdrawal by the Advocate for the plaintiffs, this suit has sought to be withdrawn unconditionally for which defendant/MCGM have no objection. Hence, the Ld Adv. For the plaintiff is allowed to withdraw the suit unconditionally in the Lok Adalat. Accordingly, LC Suit No. 1462/2019 stands disposed of. Deficit court fee be refunded to the plaintiff as per the rule.
Nature Of Disposal: WITHDRAWL
Disposal Date: 27-07-2024

CHAMBER SUMMONS/101586/2022
NOTICE OF MOTION/102282/2019

Registration Number: 101462/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 106130/2019
Filing Date: 10-06-2019
First Hearing Date: 19th June 2019
Decision Date: 27th July 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE