Date: 13-06-2019
Business: By praecipe
Advocate V.T.Dubey for plaintiff present and filed Draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion.
Advocate Mr. Giri for defendant/MCGM present.
Perused. Heard.
Perusual of proceedings revealed that plaintiff has replied the notice issued by defendant Corporation u/s 351 of MMC Act. There is nothing to reveal that an order is passed deciding plaintiff\''s reply. Advocate for defendant has no instructions whether any order is passed. Hence, following order -
ORDER
1. Ad interim relief is granted in terms of prayer clause (a) of the Notice of Motion till next date.
2. Leave is granted to register NM.
3. Defendant to file reply to NM.
Authenticated copy of roznama be given to the parties.
The case is adjourned to 22.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2019
Date: 29-06-2019
Business: By praecipe
Advocate V.T.Dubey for plaintiff present and filed draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register NM.
Advocate for plaintiff also filed draft chamber summons along with affidavit in support. T.O.R. Leave is granted to register Ch./s.
Advocate Mr. Giri for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 01.07.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 01-07-2019
Date: 01-07-2019
Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
KB
LO at 1.10pm
Same appearance.
Heard.
F.R.S.R. following order is passed in draft Chamber Summons
ORDER
1. The draft Chamber Summons is made absolute in terms of prayer clause (a).
2. Plaintiff shall amend the plaint within two weeks from today.
3. Plaintiff shall serve copy of amended plaint on the defendant and shall supply typed copy of amended plaint to the Court.
4. Draft Chamber Summons is disposed off. It be registered for statistical purpose.
Earlier order to continue till next date.
The case is adjourned to 02.07.2019 for ad-interim hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2019
Date: 02-07-2019
Business: None present. Only the Presiding Officer and typist are present. No other member of staff is present. Hence, board is discharged.
Earlier order, if any, is continued till next date.
The case is adjourned to 03.07.2019 at 2.45 pm for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2019
Date: 03-07-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 08.07.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2019
Date: 08-07-2019
Business: As Court is busy in hearing Notice of Motion in Suit no. 163/15, 1086/15 and passing orders in Suit no. 2158/14 and 762/12 also in dictating Judgment in suit no. 1109/10. The Board of afternoon session is discharged.
Earlier order to continue till next date.
The case is adjourned to 31.07.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2019
Date: 31-07-2019
Business: Adv. V.T.Dubey for Plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
Earlier order to continue till next date.
Matter adjd to 01.10.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present and submitted that his senior has personal difficulty. Time is granted.
Advocate Ms. Mhatre for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 03.12.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Advocate V. T. Dubey for plaintiff present.
Advocate Mhatre for defendant/MCGM, prayed for adjd to file additional ws.
Earlier order to continue till next date.
The case is adjourned to 25/02/2020 for NM hearing/ reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: None for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing on 24.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Business: Adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: None for plff.
Adv. Ms. Tondwalkar for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing on 03.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: None for plaintiff.
Adv. Tondwalkar h/f Adv. Mhatre for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd.to 10-02-2021 for NM for hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. Mr. Ansari for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested for short adjournment.
Earlier order if any, to continue till next date.
Matter is adjourned for NM reply/hearing to 12.04.21.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: Due to Covid-19, as per officer order no. 78/2021 dated 09.04.2021, on Monday 12.04.2021 declared as holiday, hence, matter is adjourned to 12.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2021
Date: 12-06-2021
Business: Due to Covid-19, matter is adjourned to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2021
Date: 10-07-2021
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Adv. V.T.Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM Hrg. to 29.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: CORAM-H.H.J. SMT. S.G.SHAIKH (CR.NO.06)
(Matter pertains to C.R. No.11)
Adv. V.T. Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM Hearing to 10.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. N.K.Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM hearing to 24.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: None for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
The record shows that till date, the plaintiff did not get register the motion. Hence, he is directed to get registered the same positively on the next date.
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 tendering registered NM/ NM hearing to 30.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
The plaintiff is absent to tender registered NM.
LO at 5.21 pm.
Adv. Mr. V.T. Dueby for plaintiff is present and filed original registered NM No. 804 of 22 along-with affidavit. TOR.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 20.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: Adv. Ms. Vijayarani Prasad for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
KB LO at 03:44 pm.
Advocate for defendant orally requested time for NM hearing. Granted strictly as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 23.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: Adv. V.T. Dubey for the plaintiff is present.
Adv. Khandagale for defendant/MCGM is present.
The Court is busy in dictating judgment in SU No.52/2012 and passing Order in NM Nos. 4018/2015, 4019/2015 and 655/2016.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply) to 09.11.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Heard both the sides on NM.
KB LO at 04:30 pm.
Adv. Ms. Prasad for the plaintiff is present.
The Court is busy in recording evidence in SU No. 890/2016 and SC No. 221/2022 and hearing on urgent matters.
Earlier order, if any, to continue till the next date.
Adjourned for NM Order to 07.12.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: Adv. Ms. Prasad for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
The Court is busy in R/E in SU Nos. 2332/10, 2944/13, 1549/13 and 2563/2016.
Earlier order, if any, to continue till the next date.
Adjourned for NM Order to 19.12.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: Adv. Ms. Vijyarani for the plaintiff is present.
Adv. Mrs. Mhatre h/f Mr. Khandagale for defendant /MCGM is present.
K.B. Later on 4.30
Court busy in other urgent matters.
Earlier order, if any, to continue till the next date.
Adjourned for NM Order to 11.01.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv. Ms. Prasad h/f Adv. V.T. Dubey for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
The following Order is passed on NM No. 804/2022:
-: O R D E R :-
Heard both the sides. Having considered their submissions and the record, at the outset, it is clarified that the plaintiff replied the notice dtd. 31.05.2019, on 07.06.2019, and copy of the said reply is filed at page 31 of the plaint compilation. Accordingly, he denied the suit notice on the grounds that the notice structure existed prior to datum line of 01.04.1964 and it was also assessed to Municipal Taxes. This reply is duly received by the Office of defendant on 07.06.2019. Despite this fact, he passed the Order dtd. 12.06.2019, contending that the plaintiff did not reply the said notice, which contrary to this record. That apart, the defendant did not prefer to contest the suit and this NM. Needless to say that the defendant was bound to pass the Speaking Order after considering the said notice reply, wherein he failed. In this way, he also failed to follow the due process of law. Whereas, the plaintiff could show a prima-facie case, specially in the light of the assessment record and the letter dtd. 30.10.2018, issued by the defendant\''s Office, confirming the fact that the said property was firstly assessed on 01.04.1964. In the circumstances, I am of the opinion that till the defendant follows the due process of law, the notice structure needs to be protected. Hence, the Order:
-: O R D E R :-
(i). Notice of Motion No. 804/2022 is made absolute in terms
of prayer clause (a) till the defendant follows the due
process of law.
(ii). Notice of Motion No. 804/2022 stands disposed of.
Adjourned for R/E (No WS) (LN) to 01.02.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: None present for the plaintiff.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
KB LO at 12:01 pm.
Adv. Ms. Prasad h/f Adv. Dubey for the plaintiff is present.
Mr. Nitin Baburao Kamble, SE, B&F, \''L\'' Ward is present. He informed that the defendant is in process to pass the speaking Order very shortly.
Adjourned for R/E (no WS) to 31.03.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2023
Date: 09-02-2023
Business: By Praecipe matter is taken on today\''s board.
Adv. Ms. Vijayarani for plaintiff is present and filed draft Ch/s. and draft NM along-with affidavit. O-Leave is granted to register the Ch/s. and NM till next date. Copies are supplied to the other side.
Adv. Mr. Khandagale for defendant/MCGM is present. He endorsed say on draft Ch/s.. Heard both the sides on draft Ch/s.
Order below Exhibit No. 1:
Considering the fact that recently the Speaking Order is passed in this matter and today, the Ch/s. is posted for Orders, in the meantime the defendant is restrained to proceed against the notice structure till next date.
Authenticated copy of this roznama be given to both the parties.
By consent, adjourned for tendering the registered Ch/s. and NM/ Ch/s. Order/NM reply to 08.03.2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv. Mr. N.K. Dubey for the plaintiff is present and filed original registered NM No. 656/2023 and Ch/s No. 342/2023 along-with affidavits. TOR.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
KB LO at 04:30 PM.
F.R.S.R. the following Order is passed on Ch/s No. 342/2023:
-: O R D E R :-
(i). Chamber Summons No. 342/2023 is partly allowed in terms
of prayer clause (a) only.
(ii). The plaintiff is called upon to carry out the proposed amendment in the plaint, positively till the next date and to file copy of amended plaint simultaneously.
(iii). Chamber Summons No. 342/2023 accordingly, stands disposed of.
Advocate for the defendant orally requested for time to file NM reply. Time is granted.
The interim protection to continue till the next date.
Adjourned for compliance/NM reply to 19.04.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: Adv. Ms. Prasad h/f Adv. Dubey for the plaintiff is present and filed the copy of amended plaint. TOR. It is marked at Exh.01/A.
O- Filed. Copy is supplied to the other side.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested for time to file NM reply. Time is granted. In the circumstances, the
interim protection is extended till the next date.
Adjourned for NM reply to 26.06.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested for time to file NM reply/WS. Time is granted.
Interim protection is extended till the next date.
Adjourned for NM reply/WS to 09.08.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: Adv. Ms. Prasad for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file NM reply/WS. Time is granted. In the mean time, the interim protection is extended till next date.
Adjourned for NM reply/WS to 20.10.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-10-2023
Date: 20-10-2023
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file NM reply/WS. Time is granted.
Interim protection is extended till the next date.
Adjourned for NM reply/WS to 15.12.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2023
Date: 15-12-2023
Date: 21-02-2024
Business: Adv. Mr. Fawas h/f Adv. V.T. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Interim protection, if any, is extended till the next date.
Adjourned for NM reply/WS to 26.04.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. V.T. Dubey for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Interim protection, if any, is extended till the next date.
Adjourned for NM reply/WS to 19.07.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-07-2024
Date: 19-07-2024
Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
Adv. Mr. Arvind Rathod for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Interim protection, if any, is extended till the next date.
Adjourned for NM reply/WS to 02.09.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-09-2024
Date: 02-09-2024
Business: Adv. Mr. N.K. Dubey h/f Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Arvind Rathod for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
Interim protection, if any, is extended till the next date.
Adjourned for NM reply/WS to 14.10.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2024
Date: 14-10-2024
Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Shinde for defendant/MCGM is present and sought time to file NM reply/WS. Granted. Interim protection, if any, is extended till the next date.
Adjourned for NM reply/WS to 13.12.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2024
Date: 13-12-2024
Business: Adv. Mrs. Prasad for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/MCGM is present and sought time to file NM reply/WS. Granted. Interim protection, if any, is extended till the next date.
Adjourned for NM reply/WS to 14.02.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2025
Date: 14-02-2025
Business: None present for the plaintiff. Adv. Mr. V.G. Shinde for defendant /BMC is present and sought time to file NM reply/WS. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 02.04.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-04-2025
Date: 02-04-2025
Business: Adv. Mrs. Prasad for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/BMC is present and sought time to file NM reply/WS. Time is granted lastly. Earlier order, if any, to continue till next date.
Adjourned for NM reply/WS to 23.06.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2025
Date: 23-06-2025
Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Botalwar for defendant/BMC is present and sought time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 13.08.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2025
Date: 13-08-2025
Business: Matter pertains to C. R. No. 11
Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Mr. V.G. Shinde for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for NM reply to 29.09.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2025
Date: 29-09-2025
Business: Adv. Mr. V.T. Dubey for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and sought time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 19.11.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-11-2025
Date: 19-11-2025
Business: Matter pertains to C. R. No. 11
Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Mr. V.G. Shinde for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for NM reply to 15.12.2025.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2025
Date: 15-12-2025
Business: Adv. Ms. Prasad for the plaintiff is present. Adv. Mr. V.G. Shinde for defendant/BMC is present and seeks time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 06.03.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2026
Date: 06-03-2026
Business: Adv. Mr. N.K. Dubey for the plaintiff is present. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav h/f Adv. Mr. Botlawar for defendant/BMC is present and seeks time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 20.04.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2026
Date: 20-04-2026
Business: Adv. Mrs. Vijaya Rani Prasad for the plaintiff is present.
Adv. Mr. Botlawar for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjourned for NM Reply/Rejoinder to 10.07.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-07-2026
Date: 10-07-2026
Business: Adv. Mr. N.K. Dubey for the plaintiff is present.
Adv. Mr. Botlawar for defendant/BMC is present and seeks time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
Adjourned for NM reply to 09.09.2026.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2026
Date: 09-09-2026
Business: None present for the plaintiff.
Adv. Mrs. B.R. Bisen for defendant/BMC is present and fail to file NM reply. Hence, NM is proceeded without reply and posted for NM hearing.
Adjourned for NM hearing (No reply) to 25.11.2026.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2026