Date: 05-07-2019
Business: Adjd
Next Purpose: COMPLIANCE
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: None present for plaintiff.
Adv. Vishwakarma with Adv. Suryawanshi for Defendant No. 1 to 3 present.
Exh- 6 Adv. for defendant No. 1 to 3 filed written statement. O- tor.
Mr. S. L. Sarvade, sub engineer maintenance S-ward BMC present.
Adv. Subhedar for defendant No. 4 present.
Matter is adjd. to 20/07/2019 for NM hearing at 11.00 am.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-07-2019
Date: 20-07-2019
Business: Relative of plaintiff present. He has tendered adjournment application signed by Adv. for plaintiffs.
Mr. Sachin L. Sarwade sub Engineer S- ward BMC is present.
Exh-7 Adjournment tendered by the Adv. for plaintiffs. Tor.O- Granted.
Adv. Suryawanshi for defendant/BMC present.
Adv. Subhedar for Defendant No. 4 present.
Exh- 8 Pursis tendered by the plaintiffs. Tor. R and R.
Perused pursis. Considering the fact that though matter was fixed for NM hearing on 19/07/2019 at 2.45 pm, this court has given today\''s date in the morning session on 19/07/2019, as Adv. for the defendants present in the morning session and submitted in respect of public project in the public interest and urgency in the matter, as there is a stay order passed in appeal against order by the Hon\''ble High Court, operative till decision of this pending Notice of motion. Further on 19/07/2019 in the afternoon session the court was on leave and in view of submissions of Adv. for the defendants, keeping in mind urgency expressed, the court has fixed the matter today at 11 am. Further it is informed by the Sheristedar that Adv. for plaintiffs had come in the afternoon session on 19/07/2019 at 2.45 pm and made grievance in respect of the date given in the morning session. In the above facts and circumstances today it is not desirable to hear the motion in the absence for Adv. for the plaintiffs. Further sheristedar has informed that Adv. for the plaintiffs informed her that he will be available for NM hearing on 22/07/2019 at 2.45 pm and accordingly date be given. Therefore, it is just to consider submissions of Adv. for plaintiffs, in the interest of justice, to hear Notice of Motion on merits, by giving sufficient opportunity to the Plaintiffs as per his convenience. Even this court has already granted adjournment application of the plaintiffs.
Further in the pursis the plaintiff\''s advocate has mentioned in respect of written statement taken on record by the court on 19/07/2019. It is stated in the pursis that the court has further proceeded to take on record the written statement of the corporation after the expiry of the three and half years after the appearance of the corporation, without any notice of motion for condonation of delay. Perused record and proceedings and roznama of the present suit. It appears that the plaintiffs have not tendered proof of service of writ of summons to the defendants, by filing affidavit of service of writ of summons or by tendering original writ of summons showing due service of writ of summons upon the defendants.
On 19/07/2019 the advocate for the defendants No. 1 to 3 has made submission also that writ of summons was not served upon the defendants. Order 8 Rule 1 of the CPC provides that the defendant shall, within thirty days, from the date of service of summons on him, present a written statement of his defence. Thus prescribed limitation for filing written statement by the defendants had not been commenced, due to want of service of writ of summons. Further on 05/07/2019 in the presence of Adv. for plaintiff, the court has fixed the suit on 19/07/2019 for passing no WS order against the defendant. Thus it appears that till 19/07/2019 no Written statement order has not been passed against the defendants. Due to want of service of writ of summons, upon the Defendants, there was no question of condonation of delay for consideration, when defendant no. 1 to 3 tendered before the court written statement. Thus in view of above facts, the court has accepted written statement of defendant No. 1 to 3 on record. The plaintiffs to take note of this.
The defendant No. 4 has failed to file written statement till today Hence no written statement order is passed against defendant No. 4.
Matter is adjd. to 22/07/2019 for NM hearing/draft issues at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2019
Date: 22-07-2019
Business: Adv. Kanchanpurkar for the Plaintiff present.
Adv. Suryawanshi with Vishwakarma for Defendant no.1 to 3 present.
Adv. Subhedar for defendant no. 4 present.
Partly arguments heard advocate for plaintiff on NM No. 2151/19.
Matter is adjd. To 23.07.2019 at 11.00am for further arguments.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2019
Date: 23-07-2019
Business: Adv. Kanchanpurkar for the Plaintiff present and filed list of documents. TOR and marked as Exh.
Adv. Suryawanshi with Vishwakarma for Defendant no.1 to 3 present.
Adv. Subhedar for defendant no. 4 present.
Arguments heard advocates for both parties.
Matter is adjd. to 31.07.2019 at for order.
Next Purpose: ORDER
Next Hearing Date: 31-07-2019
Date: 31-07-2019
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 01-08-2019
Date: 01-08-2019
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: Adjd
Next Purpose: NM ORDERS
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: Adv. Gautam Kanchanpurkar for the plaintiff present.
Adv. Chandramore for Defendant nos. 1 to 3 present.
Mr. Sarvade, Sub - Engineer, attached to Maintenance deaprtment of \''S\'' Ward of BMC is present.
Advocate for the plaintiff files application for deferring the matter for passing order. t.o.r. O - O. S. to say.
Adv for the defendant nos. 1 to 3 files the say on the application, ex. 11 itself.
In view of application filed by Advocate for plaintiff matter is adjd to 09/09/2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Adv. Gautam Kanchanpurkar for the Plaintiff present.
Adv. Ms. Subhedar for deft no. 4 MMRDA present
Adv. Ms. Chandramore for BMC/Defendant no.1 to 3 present.
Application tendered by the Plaintiff alongwith copy of Order passed in Writ Petition No. 8226/19. t.o.r. It is urged by Ld adv for the plff that while passing order in N/M. Already tendered Written Statement by Defendant no. 1 to 3 cannot be taken into consideration in view of order passed in Writ Petition No. 8226/19. Perused the order passed by the Hon\''ble High Court, it reveals that the directions are given to this Court to pass appropriate order on application for taking the Written Statement on behalf of present Defendant no. 1 to 3 after hearing the Plaintiffs. It appears from the record that Defendant nos. 1 to 3 have already filed reply to the N/M. Therefore, while passing the order, only reply on record will be considered alongwith submissions made by advocate before the court. At this juncture for decision of N/M, Written Statement on record cannot be read, in view of order passed in Writ Petition no. 8226/19. Thus accordingly this application is disposed of.
Now the matter is to be posted for N/M order.
Matter is adjd. to 26.09.2019 for N/M orders.
Next Purpose: NM ORDERS
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: As Court is busy in recording evidence in SU No. 9113/93 and mediation matters, hence board discharged.
Matter is adjd. to 15.10.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: None present for the Plaintiff. .
Adv. Ms. Chandramore for BMC/Defendant no. 1 to 3 present.
Adv. Subhedar for deft no. 4 MMRDA present
It appears that already arguments have been heard, hence matter is adjd. to 11.11.2019 for orders.
Next Purpose: NM ORDERS
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: Adv. Kandarkar for plaintiff present. 2151/19
Adv.Chandramore for defendant No.1 to 3present, she tendered draft NM. Leave to register granted. Copy is served on other side.
Matter adj for filing original NM and reply and argument on NM 2151/19 to 22.11.2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Adv. Kanchanpurkar for plaintiff.
Adv. Mahesh Vishwarkama a/w Adv. Chandramore for Defendant 1 to 3 present, he tendered register NM 4320/19 along with affidavit in support.
Adv.Subhedar for defendant No.4 present.
By consent matter adjd for argument to 9.12.2019
Next Purpose: ARGUMENTS
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: Adv.Gautam Kancanpurkar for Plaintiff is present.
Adv. Chandramore with Adv. Mahesh Vishwakarma for defendant no 1 to 3 is present.
Adv. Subhedar for defendant no. 4 is present.
Matter is not traced out.
Matter is adjourned to 12/12/2019.
LO at 03.00 PM
Matter is traced out.
Same appearance of plaintiff.
Same appearance of defendant no. 1 to 3.
Heard argument of advocate of plaintiff and defendant no. 1 to 3 partly heard.
Matter is adjourned for further argument of advocate of plaintiff to 18/12/2019. at 11.00 AM
Next Purpose: ARGUMENTS
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Next Purpose: ARGUMENTS
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: None for Plaintiff .
Adv. Chandramore for defendant no.1 to 3 is present.
Adv. Subhedar for defendant no. 4 is present.
Court is busy in dictating judgment in Suit No. 1576/2018.
Matter is adjd. for NM order to 14/01/2020 .
Next Purpose: NM ORDERS
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Adv.Kanchanpurkar for Plaintiff is present.
Adv. Chandramore for defendant no. 1 to 3 is present.
Mr. Sachin Sarvode Sub-Engineer Maintenance S Ward for MCGM is present.
Order on NM partly dictated
Adv.Ms.Subhedar for MMRDA/deft. Present.
Matter is adjd. for NM Order to 17/01/2020.
Next Purpose: NM ORDERS
Next Hearing Date: 17-01-2020
Date: 17-01-2020
