Laffans - India Pvt. Ltd. +1 moreVsDesignated Officer +1 more

Date: 04-05-2018
Business: Mentioned by pracipee. NOB. TOB.
Adv. P.D.Gandhi for plaintiff tender draft NM with affidavit seeking ad-interim protection to the notice structure.  Leave to register is granted.
Adv. Patil for BMC is present.
Adv. Patil seeks time to file reply.
Kept back.
At. 6.30 pm Adv. Patil tendered reply and copies of documents, photographs copies served on Adv. Bhushan for plaintiff.
Adjd. For arguments of defendant on ad-interim reliefs to 05.05.2018.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-05-2018

Date: 05-05-2018
Business: Resumed.
Adv. P.D. Gandhi for plaintiff and Adv. Patil for BMC are present.
Heard, respective advocates.  Perused the documents viz. The assessment extract for the year 1988-89, 1990-91, 2009-10, letters dtd. 10.08.2015 and 15.12.2016, issued by the defendant to the plaintiff which prima facie show the existence of mezzanine floor at the suit shop.  The plaintiff has also filed copy of agreement dtd. 19.06.1987, and the description and details of capital value calculation which prima facie show the existence of mezzanine floor.
  The first inspection report prima facie shows that the suit shop was inspected on 19.04.2018 and the construction of notice structure was found in progress.  The inspection report is supported by photographs which show prima facie installation of MS garders and existence of construction material.  According to the ld. Adv. For plaintiff repairing work of the existing mezzanine floor was in progress.  On the other hand the Ld. Adv. For defendant  submits that as stated in the inspection report it was an extension of the existing mezzanine floor .  Adv. Patil much harped upon the letter dtd. 26.04.2018, by which the plaintiff undertook to remove the said mezzanine floor.  However, the plaintiff has pleaded that the same letter has been written at the dictate of an under the threat of the officers of the defendant.
  Considering the aforesaid submissions and copies of documents placed on record, intervention of this court at ad-interim stage is warranted.  Therefore the defendant is directed that it should not take any coercive action against the notice structure till next date.
  An ordinary copy of this order duly authenticated by the Sheristedar of this court be supplied to both the parties.
Adjd. For reply of the defendant and arguments on NM to 22.06.2018.
Next Purpose: REPLY
Next Hearing Date: 22-06-2018

Date: 22-06-2018
Business: Resumed.
Adv. Bhushan for plaintiff.  Adv. Patil for MCGM is on leave.
Adv. Chandramore seeks time to file reply.  Adv. Bhushan seeks time to register the N/M.  Time is granted.  Adjd for reply and arguments  on N/M to 25.07.2018.  Earlier order if any to continue till the next date.
Next Purpose: REPLY
Next Hearing Date: 25-07-2018

Date: 25-07-2018
Business: Resumed.
Adv. Indira Bhushan for plaintiff is present.  Adv. Patil for MCGM filed reply to NM.
Adjd for NM arguments to 01.08.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 01-08-2018

Date: 01-08-2018
Business: Resumed.
The P.O. is busy in recording evidence in High Court time bound matter i.e. 2187/2006 and 3169/2006 and recorded statement of accused in sessions case no. 421/2016 and other ad-interim matters.
Adjd for NM arguments to 13.08.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 13-08-2018

Date: 13-08-2018
Business: Resumed.
The P.O. is busy in recording evidence in Sessions Case No. 568/2017 and 260/2017.  For want of time the board is discharged.
Adjd for NM arguments to 26.09.2018.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-09-2018

Date: 26-09-2018
Business: The P.O. is on leave.
Adv. P.D. Gandhy for plaintiff
Adjd for NM arguments to 12.11.2018
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 12-11-2018

Date: 12-11-2018
Business: Resumed.
Adv. Indira Bhushan for plaintiff and Adv. Patil for MCGM are present.
Adv. Bhushan seeks time to withdraw the suit on the ground that plaintiff is out of Mumbai.  Granted as last chance.
Adjd for withdrawal to 01.12.2018.
Next Purpose: WITHDRAWAL
Next Hearing Date: 01-12-2018

Date: 01-12-2018
Business: Resumed.
Adv. Mishra for plaintiff and Adv. Dhumale h/f Adv. Pradip Patil for MCGM are present.
Adv. Mishra seeks time to keep present plaintiff for withdrawal of suit.  Matter kept in Lok Adalat on 08.12.2018.
Adjd for withdrawal to 08.12.2018.
Next Purpose: WITHDRAWAL
Next Hearing Date: 08-12-2018

Date: 08-12-2018
Business: Plaintiff in person present.
Adv. Mr. Mithilesh Mishra for plaintiff present.
In view of affidavit at Exh. 2 plaintiff  permitted to withdraw the suit unconditionally.
Ld.  Counsel for plaintiff tendered registered NM No. 2677/2018 along with affidavit. TOR. It is not pressed.  Hence filed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 08-12-2018

Filing Number: 106427/2018
Filing Date: 02-05-2018
First Hearing Date: 26th July 2018
Decision Date: 08th December 2018
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE