Mr. Shashikant Baliram YadavVsMCGM

Date: 18-06-2019
Business: Mentioned by precipe.  NOB. TOB.
Adv. Kudalkar for plaintiff present.
Adv. Ms. Hajare for MCGM/Def. present.
Adv. for plaintiff tendered draft NM along with affidavit.  Leave is granted to register NM r/o next date.
Order on ad-interim relief.
By instant NM plaintiff has prayed to restrain defendant MCGM from acting in pursuance of notice No. SAT/AEM/214 dtd. 13.05.2019.  In that notice it is stated that at the time of allotment of premises the plaintiff had filed undertaking stating that he did not have any other premises in Mumbai and upon investigation it was found that the plaintiff was in possession of another premises in Mumbai.  On that ground it is stated that the plaintiff will be evicted from the premises no. 101, 1st floor, C wing, Marathwadi CHS, City Survey No. 398,398/1 to 19, near Metro Mall, Kanjurgaon, Bhandup West and he will be prosecuted for commission of offences punishable U/s 468, 471, 420 and 181 of I.P.C. According to Ld. Adv. for plaintiff the premises, which the corporation alleges to be in the name of the plaintiff having room at Sanjay Gandhi Nagar, Dr. R. P. Road, Gupta Compound, Mulund (w), was in fact in the name of plaintiff\''s father and the plaintiff had got transferred electricity connection in his name for the purpose of school admission of his son.  His argument is that the plaintiff was never owner of the said premises at Sanjay Gandhi Nagar and therefore, he has not committed any illegality in saying in the affidavit dtd. 18.05.2013 that he did not have any other house in Mumbai.  The defendant MCGM has filed on record documents of MSDCL showing that the electricity meter was standing in the name of plaintiff from 11.08.2011 till February 2019.  From this it is clear that the plaintiff continued his name on the electricity meter for more than 8 years.  Moreover, the plaintiff himself executed agreement for sale of the said room on 12.03.2015 in favour of Vinaykumar Ramasare Yadav.  Therefore, it can be seen that the plaintiff created record for his convenience by getting transferred electricity meter in his name in the year 2011.  In the plaint it is stated that his parents sold the room at Sanjay Gandhi Nagar to Vinaykumar Yadav during their lifetime.  This is also not as per the documentary evidence filed by the plaintiff himself.  From the above plaintiff is not coming before the clean hands and he is not entitled for discretionary relief of injunction.
     Hence ad-interim relief is rejected.
Adjd to 23.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: As P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Adv.   Jain h/f Adv. Kudalkar for plaintiff present and tendered original registered NM NO. 2350/19 along with affidavit.
None for defendant
Defendant has not filed reply  till today. Hence NM will be heard without reply of deft./MCGM
Adjd to  24-01-2020 for NM Hearing  (Without Reply)
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Adv.Ms.Pawar for plaintiff presnet.
Adv. Mrs. Hajare for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Matter adjd to 17.03.2020   for NM hearing (without reply.)
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: None for plaintiff.
Adv. Ms. Patil for MCGM/Defendant present.
EOC.
 Matter adjd to 14.07.2020    for Nm hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2020

Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2020

Date: 16-07-2020
Business: Parties and advocates absent.
Matter adjd to 20/10/2020 for N/m hearing.
                                                                                   Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2020

Date: 20-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Adv. Mr. Jain h/f Adv. Mr. Kudalkar for plaintiff present.
Adv. Mrs. Hajare for deft/MCGM present.
On oral request of advocate for plaintiff, adjournment granted to argue the NM No.2350/19.
Matter adjd to 25/02/2021 for NM Hearing (without reply)
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present and requests for time to argue on NM. Time is granted till next date.
Adv. Ms. Hajare for deft/MCGM present.
Matter adjd to 22/04/2021 for NM Hearing (Without reply).
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: As court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Adv Vaibhavi Pawar h/f Adv Kudalkar for plaintiff present and requests for time to argue on NM.
Time is granted till next date.
Adv Smita Chavan for defendant / MCGM present.
Adjd. To 25/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: None for plaintiff.
Adv Mrs Rawade h.f. Adv. Chavan  for defendant / MCGM present.
Today matter is fixed for NM hearing, but neither Plaintiff nor his advocate present. Hence, matter be kept for NM hearing/NM dismissal.
Matter is adjd to 13/01/2022 for NM hearing/NM dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2022

Date: 13-01-2022
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.
Matter is adjd to 10/03/2022 for NM hearing/NM dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Adv Vaibhavi Pawar h/f Adv Kudalkar for plaintiff present and requests for time to argue on NM.
Adv Mrs Smita Chavan for defendant / MCGM present and states that she has to take steps to file reply to NM.
Earlier order, if any, to continue till next date.
Adjd. To 31/03/2022 for NM hearing / steps by defendant / MCGM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Adv Vaibhavi Pawar h/f Adv Kudalkar for plaintiff present and requests for time to argue NM. Time is granted till next date.
Adv Mrs Smita Chavan for defendant / MCGM present.
Adjd. To 21/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv. Kudalkar for plaintiff present and requested time to argue on N/M No. 2350/2019. Time is granted till next date.
Adv. Mrs. Smita Chavan for defendant/ MCGM is present.
Adjd. to 11/08/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Adv. Kudalkar for plaintiff present.
Adv. Mrs. Chavan for defendant/ BMC is present and requested time to file reply to N/M by setting aside no say order. Hence, time is granted till next date.
Adjd. to 11/10/2022 for steps by deft./BMC/ N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Chavan for defendant/ BMC is present and requested time as matter is pertains to T-ward. Hence, time is granted till next date.
Adjd. to 08/12/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Adv. Kudalkar for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Rawade for defendant/ BMC is present.
Adjd. to 14/02/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mr. Khandagale h/f Adv. Mrs. Mhatre for defendant/ BMC is present.
Adjd. to 06/04/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2023

Date: 06-04-2023
Business: Adv. Vaibhavi Pawar h/f Adv.Kudalkar for plaintiff is present and requested for time to argue on NM. Time is granted till next date.
Adv. Ms. Mhatre for defendant / BMC is present.
Adjd. to 10.08.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: Advocate Vaibhavi Pawar h/f Kudalkar for plaintiff present and submitted that AO against order refusing ad-interim is pending in Hon’ble High Court and seeks time to argue NM. Hence, matter adjourned.
Advocate Mhatre for defendant/BMC present.
Adjd to 19.10.2023  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: Advocate Vaibhavi Pawar h/f Kudalkar for plaintiff present submitted that she is filing written argument in NM and hence seeks time. Granted.
Advocate Mhatre for defendant/BMC present.
Adjd  to 30.11.2023 for  NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2023

Date: 30-11-2023
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Matter is kept for  hearing of NM but none present for plaintiff. Hence matter adjourned and kept for dismissal of NM.
Adjd  to  16.12.2023   for NM dismissal
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2023

Date: 16-12-2023
Business: As PO is on training at Uttan, matter is adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2024

Date: 06-02-2024
Business: None present for plaintiff.
Advocate Mhatre for defendant/BMC present.
Adjd  to 17.02.2024 for N/M dismissed.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-02-2024

Date: 17-02-2024
Business: Advocate Kudalkar for plaintiff present and submitted that Appeal From Order No. 17299/2019 against ad-interim order is pending before Hon’ble Bombay High Court and there is status-quo order. Hence matter removed from caption of dismissal and adjourned for NM Hearing.  hence
Advocate Jyoti Mhatre-Patil  for defendant/BMC present.
Adjd  to  18.04.2024   for  NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: Advocate Vaibhavi Pawar h/f Kudalkar for plaintiff present.
Advocate Waghmare for defendant/BMC present
Plaintiff is directed to take necessary steps to serve writ of summons
Adjd  to   08.08.2024  for NM Hearing  and writ summons
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2024

Date: 08-08-2024
Business: Advocate Vaibhavi Pawar h/f Kudalkar for plaintiff present and submitted that Appeal From Order against refusing ad-interim relief is pending before Hon’ble Bombay High Court and requested time to argue NM. Hence matter adjourned.
Advocate  Metakari  for defendant/BMC present.
Adjd  to 12.09.2024 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2024

Date: 12-09-2024
Business: P. O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2024

Date: 03-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Vaibhavi Pawar h/f Kudalkar  for plaintiff present and submitted that Appeal From Order pending before Hon’ble Bombay High Court and same will be mentioned after Diwali Vacation. Hence matter adjourned
Advocate Nagarthwar   for defendant/BMC present.
plaintiff to server writ of summons upon deft/BMC.
Adjd  to 14.11.2024    for NM  Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2024

Date: 14-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Dhotre h/f Kudalkar for plaintiff present and submitted that AO against ad-interim is pending and this ground is not for adjournment. She further requested time to serve writ of summons. Hence in the interest of justice time is granted to writ of summons as well as NM hearing.
Advocate Nagarthawar a/w Adv. Waghmare for defendant/BMC present.
Adjd  to   07.01.2025  for  NM hearing and service of writ of summons.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2025

Date: 07-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Ms. Farkhanda Shaikh i/b Adv. Mr. Kudalkar for the plaintiff is present. She sought time to argue the NM and to ensure writ of summons. Time is extended till the next date. Adv. Ms. Pooja Nagarthwar for defendant/MCGM is present.
Adjourned for NM hearing /writ of summons to 06.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2025

Date: 06-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Suraj Kudalkar for the plaintiff is present and requested time to file written submissions on NM. Time is granted strictly as a last chance. In default, the NM would stand dismissed. Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
Adjourned for written submissions on NM/dismissal to 27.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2025

Date: 27-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Suraj Kudalkar for the plaintiff is present and filed written submissions on NM. Taken on record. O- Filed. Copy is supplied to the other side. He submitted that in view of Order dtd. 05.05.2022 in AO St. No. 17299 of 2019, the interim order is continued till date. Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present and requested time to file written submissions on NM. Granted.
Adjourned for written submissions on NM by defendant to 24.07.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2025

Date: 24-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Mr. Kudalkar for the plaintiff is present.
Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present and sought time to file short written submissions on NM. Granted as a last chance.
Adjourned for written submissions on NM to 21/08/2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2025

Date: 21-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Ms. Tanmayee Dhotre h/f Adv. Mr. Kudalkar for the plaintiff is present and tendered original writ of summons Taken on record.O- Filed.
Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
She sougth time to file written submission on NM. Time is granted strictly as a last chance.
If on next date, written submissions are not filed, Court will proceed further.
Adjourned for written submissions on NM to 11.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Ms Tanmayee Dhotre h/f Adv.Mr. Kudalkar for the plaintiff is present.
Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present and sought time to file written submissions on NM.
adv for plaintiff raised strong objection for adjournment. Purely in the interest of justice last chance is granted or else NM will be stand over for Order.
Adjourned for written submissions NM to 09.10.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2025

Date: 09-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Ms. Vaibhavi Pawar h/f Adv. Mr. Kudalkar  for the plaintiff is present.
Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present and requested for adjournment
Adjourned for written submissions on NM to 27.11.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2025

Date: 27-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Adv. Darshan Jain h/f Adv. Kudalkar for the plaintiff is present and requested for adjournment.
Adv. Ms.  Rupali Patil  for defendant/MCGM is present.
Adjourned for Nm hearing to 29.01.2026
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2026

Date: 29-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Ms. Tanmayee Dhotre for the plaintiff is present and tendered draft Chamber Summons along-with affidavit in support.  O- Leave is granted to register before next date.
 Copy is supplied to the other side.
Adv. Ms. Rupali Patil for defendant/MCGM is present.
Adjourned for tendering registered Ch/s/CH.s Reply and hearing on NM No. 2350/2019 .to 24.03.2026
Next Purpose: C/S REPLY
Next Hearing Date: 24-03-2026

Date: 24-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Tanmayee Dhotre h/f Adv. Kudalkar for the plaintiff is present and filed registered Chs. No. 545/2026 with affidavit.
Adv. Ms. Rupali Patil for defendant/MCGM is present and seeks time to file reply on Ch/s No. 545/2026
Adjourned for ch/s reply to 25.06.2026
Next Purpose: C/S REPLY
Next Hearing Date: 25-06-2026

Date: 25-06-2026
Business: CORAM - H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms.Dhotre    for the plaintiff is present.
Adv. Ms. Rupali Patil for defendant/MCGM is present and filed handwritten say on Ch/s 545/26.
Adjourned for C/s hearing to 10.09.2026.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-09-2026

Date: 10-09-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms.Tanmayee Dhotre h/f Adv. Mr. Kudalkar for the plaintiff is present and seeks time to argue on Ch/s. O- Granted.
Adv. Mr. G. V. Jawale for defendant/MCGM is present
Adjourned for Chs hearing to 10.12.2026
Next Purpose: C/S  HEARING
Next Hearing Date: 10-12-2026

CHAMBER SUMMONS/100545/2026
NOTICE OF MOTION/102350/2019

Registration Number: 101410/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 106405/2019
Filing Date: 15-06-2019
First Hearing Date: 18th June 2019
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE