Date: 19-06-2019
Business: By praecipe
Advocate S.K.Dubey for plaintiff present and filed draft notice of motion along with affidavit in support. T.O.R.
Advocate Mr. Giri for defendant/MCGM present.Heard advocate for both the parties. The plaintiff has sought ad-interim injunction on the ground that the Notice under Section 354A cannot be made applicable to the suit structure since the construction was already in existence before the impugned Notice was served on the plaintiff. In such circumstances, according to the plaintiff the defendant can act under Section 351 of MMC Act but not under Section 354A of MMC Act.The defendant has filed affidavit in support of documents. The photographs produced by defendant revealed that the construction was going on as on 13.5.2019. Other photographs produced by defendant, however, mention that on 29.5.2019 the construction was over. This is so because there is an endorsement on those photographs photographs after construction. The impugned Notice is dated 13.6.2019 i.e. issued much after the completion of the construction on 29.5.2019.The advocate for defendant submitted that the construction can be presumed to be completed only when some authorized person certifies it.The arguments cannot be accepted as, if there is an unauthorized construction no authority will certify its completion.
Considering that the construction is already completed on 29.5.2019, the application of provisions of Section 354A to such construction does not arise. Though, it is argued that plaintiff has come with a false version before this Court and though prima facie it can be so seen, the remedy for defendant Corporation lies under Section 531 as per its own circular. Hence the Order-ORDER
1. Ad-interim relief is granted in terms of prayer Clause (a).
2. Leave is granted to register the Notice of Motion.
3. Defendants to file reply to the Notice of Motion.
4. Authenticated copy of Order be given to the parties.
The case is adjourned to 04.09.2019 for NM reply.
LO at 5.35pm,
Heard advocate for both the parties.
F.R.S.R. following order is passed in draft chamber summons.
ORDER
1. Draft Chamber Summons is made absolute in terms of prayer clause (a).
2. Plaintiff to carry out amendment within two weeks from today
3. Plaintiff shall serve the copy of amended plaint on the defendant and shall submit a typed copy of amended plaint before this Court.
4. Draft Chamber Summons is disposed off. It be registered for statistical purpose.
Already the case is adjourned to 04.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2019
Date: 04-09-2019
Business: Advocate Mukesh Dubey for plaintiff present.
Advocate Ms. Chavan for defendant/MCGM present.
Leave is extended to carry out the amendment.
Earlier order to continue till next date.
The case is adjourned to 18.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: (In charge Court to C.R. no.11)
Adv. Mr. S.K. Dubey for plaintiff present.
Adv. Mr. Giri for deft/MCGM present.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 14.01.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Adv. Mr. Mukesh Dubey for plaintiff present, tendered disposed of Chamber Summons no. 1634/19. It is prayed for extension of time to carry out amendment as per order dtd. 19.06.2019, extension is granted till 31.01.2020.
Adv. Mrs. Mhatre for deft./MCGM present, prayed for adjd as reply is send for approval.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 04.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv. Mr. Mukesh Dubey for plaintiff, prayed for adjd to supply copy of amended plaint to MCGM.
Adv. Mrs. Mhatre for deft./MCGM present
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 17.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: Adv. Mr. Mukesh Dubey for plaintiff, prayed for adjd to supply copy of amended plaint to the MCGM.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 23.06.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Business: Adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv. Mr. S.K. Dubey for the plaintiff is present.
Adv. Ms. Mhatre for deft./MCGM present and requested for short adjournment to file reply.
Earlier order if any, to continue till next date.
Matter is adjourned for NM reply to 12.03.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Mr. Mukesh Dubey for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Earlier order if any, to continue till next date.
Matter is adjourned for NM reply to 16.06.21.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI , (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for Nm reply to 08.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: Adv.Mukesh Dubey for plaintiff present.
Adv. Mr. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 26.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 12.01.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and filed list of documents and reply in NM No. 1634/19.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 07.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: In view of the Office Order No. 27/2022 dtd. 06/02/2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/02/2022 of Hon\''ble Bombay High Court, declared holiday on 07.01.2022, due to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar.
Earlier order if any, to continue till the next date.
Hence, matter is adjourned to 19.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: Adv. Mr. Mukesh Dueby for plaintiff is present.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and copy of reply and list of documents supplied to the advocate for the plaintiff.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 01.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Adv. Mr. Mukesh Dueby for the plaintiff is present and tendered draft Ch/s and draft NM along-with affidavits. Leave is granted to register till the next date. Copies are supplied to the other side.
Adv. Mr. Khandagale for defendant/MCGM is present.
KB LO at 04:03 pm.
Advocate for the plaintiff not pressed NM No. 3339/2019. In the circumstances, NM No. 3339/2019 stands disposed off as not pressed. However, in view of the recent draft NM, the interim order is continued till the next date.
Advocate for the defendant endorsed say on draft Ch/s.
Heard both the sides on draft Ch/s.
Earlier order, if any, to continue till the next date.
Adjourned for registration of Ch/s and NM/Ch/s Order/NM reply to 15.07.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Adv. Mr. Mukesh Dueby for the plaintiff is present and filed original registered Ch/s. No. 934/2022 along-with affidavit. TOR.
He also filed original registered NM No. 2324/2022 along-with affidavit. TOR.
Adv. Mr. Khandagale for defendant/MCGM is present.
F.R.S.R. following order is passed on Ch/s No. 934/2022:
ORDER
(i). Chamber Summons No. 934/2022 is made absolute in terms of prayer Clause (a) and (b) only.
(ii). The plaintiff is directed to carry out the proposed amendment in the plaint, positively within two weeks from
the passing of this Order and to file copy of amendment
plaint simultaneously.
(iii). Costs to follow the event.
(iv). Chamber Summons No. 934/2022, accordingly, stands
disposed of.
Earlier order, if any, to continue till the next date.
Adjourned for compliance/NM hearing to 29.07.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and orally requested for time to compliance. Granted.
Adv. Mrs. J.V. Mhagtre h/f Adv. Khandagale for defendant/MCGM is present.
Adjourned for compliance/NM hearing to 03.09.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2022
Date: 03-09-2022
Business: Holiday declared due to Ganpati Festival
Next Purpose: COMPLIANCE
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Adv. Mr. Mukesh Dubey for the plaintiff is present and filed pursis along-with copy of notice to the plaintiff and postal receipt and acknowledgment, for withdrawal of his appearance. TOR. It is marked at Exh. 02. O- Considering this record, the advocate is permitted to withdraw his appearance. The plaintiff is absent for compliance. Hence, the matter is posted for dismissal Order.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for dismissal Order to 20.01.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Adv. Mr. Mukesh Dubey for the plaintiff present and informed that the plaintiff is not responding for this matter.
Adv. Mr. Khandagale for defendant/MCGM is present.
Order below Exhibit 01-
The record shows that the plaintiff is absent since long to comply with the Order on Ch/S. No.934/2022, dated 15/07/2022 even after affording ample opportunities. In the result, the suit stands dismissed in default for want of compliance of the Court\''s Order. All the pending applications and N/M No.2324/2022 also stand disposed of as filed. The plaintiff to bear the costs of litigation. Bill of costs be drawn-up accordingly. The proceedings is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 20-01-2023