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Date: 11-11-2019 Business: Adv. Rajanish Dubey for plaintiff present. Adv. Mrs. D.D. Patil for Deft/MCGM present. On oral request of advocate for Defendant, adjournment granted. Earlier order, if any, to continue till next date. Adjd to 03-02-2020 for N/M Reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 03-02-2020 Date: 03-02-2020 Business: Plaintiff present. Adv. Rajnish Dubey for plaintiff present. Adv. Khandagle for MCGM/Deft. present. On oral request of advocate for Defendant, adjournment granted as last chance. Earlier order, if any, to continue till next date. Adjd to 09.03.2020 for NM reply . Next Purpose: NM REPLYREJOINDER Next Hearing Date: 09-03-2020 Date: 09-03-2020 Business: Adv.Ms.Pooja for plaintiff present. Adv. Khandagle for MCGM/Deft. present. On oral request of advocate for Defendant, adjournment granted as last chance. Earlier order, if any, to continue till next date. Matter adjd to 03.07.2020 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 03-07-2020 Date: 03-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 16-09-2020 Date: 16-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 06-11-2020 Date: 06-11-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 03-02-2021 Date: 03-02-2021 Business: None for plaintiff. Adv. Khandagle for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date. Matter adjd to 09/04/2021 for NM Reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 09-04-2021 Date: 09-04-2021 Business: None for plaintiff. Adv. Khandagale for deft/MCGM present. Earlier order, if any, to continue till next date. Matter adjd to 30/06/2021 for NM Hearing. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 30-06-2021 Date: 30-06-2021 Business: Due to Covid - 19. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 20-08-2021 Date: 20-08-2021 Business: None for plaintiff. Adv. Tondwalkar for BMC/defendant present and requests for time to file NM reply. Time is granted till next date. Earlier order, if any, to continue till next date. Matter is adj. to 29/09/2021 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 29-09-2021 Date: 29-09-2021 Business: Adv Adv Shobet Shukla h/f Adv A.R. Pandey for plaintiff present. Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date. Earlier order, if any, to continue till next date. Adjd. To 10/11/2021 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 10-11-2021 Date: 10-11-2021 Business: Adv Rajnish Dubey h/f Adv A.R. Pande for plaintiff present. Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date. Earlier order, if any, to continue till next date. Adjd. To 10/01/2022 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 10-01-2022 Date: 10-01-2022 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. Adjd. To 14/03/2022 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 14-03-2022 Date: 14-03-2022 Business: Adv Rajnish Dubey h/ Adv A.R. Pande for plaintiff present. Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date. Earlier order, if any, to continue till next date. Adjd. To 22/04/2022 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 22-04-2022 Date: 22-04-2022 Business: Adv Rajnish Dubey h/f Adv A.M. Pande for plaintiff present. Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date. Earlier order, if any, to continue till next date. Adjd. To 15/06/2022 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 15-06-2022 Date: 15-06-2022 Business: CORAM H. H. J. SHRI A. G. SANTANI (C. R. No.11) (Matter pertains to C.R. No. 4) Adv. Shobet Shukla h/f Adv. A. R. Pandey for plaintiff present. None for defendants. Earlier order, if any, to continue till next date. Adjd. to 29/07/2022 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 29-07-2022 Date: 29-07-2022 Business: Adv. Rajanish Dubey h/f Adv. A. R. Pandey for plaintiff present. Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date as a last chance. Earlier order, if any, to continue till next date. Adjd. to 14/09/2022 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 14-09-2022 Date: 14-09-2022 Business: Adv. Rajanish Dubey h/f Adv. A. R. Pandey for plaintiff present. Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date. Earlier order, if any, to continue till next date. Adjd. to 12/10/2022 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 12-10-2022 Date: 12-10-2022 Business: Adv. Shobhet Shukla h/f Adv. A. R. Pandey for plaintiff present. Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date. Earlier order, if any, to continue till next date. Adjd. to 04/11/2022 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 04-11-2022 Date: 04-11-2022 Business: Adv Mr. Shobet Shukla h/f. Mr. A. R. Pandey for plaintiff present None for defendant/BMC Earlier order, if any, to continue till next date. Adjd. to 14/11/2022 for N/M. hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 14-11-2022 Date: 14-11-2022 Business: CORAM H.H.J.SHRI A.G. SANTANI(COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4 Adv. Shobhet Shukla h/f Adv. A. R. Pande for plaintiff present. Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC present. Earlier order, if any, to continue till next date. Adjd. to 21/11/222 for N/M hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 21-11-2022 Date: 21-11-2022 Business: Adv. A. R. Pandey for plaintiff present and requested time to argue on N/M. Granted. Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present. Earlier order, if any, to continue till next date. Adjd. to 23/11/2022 for N/M hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 23-11-2022 Date: 23-11-2022 Business: Adv. A. R. Pandey for plaintiff present. Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present. Earlier order, if any, to continue till next date. Adjd. to 25/11/2022 at 12.00 noon for N/M hrg. Next Purpose: NM FOR HEARING Next Hearing Date: 25-11-2022 Date: 25-11-2022 Business: Adv. A. R . Pandey for plaintiff present. Adv. Kumawat with Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present. Heard both sides on N/M. Earlier order, if any, to continue till next date. Adjd. to 30/11/2022 for N/M order. Next Purpose: NM ORDERS Next Hearing Date: 30-11-2022 Date: 30-11-2022 Business: Adv. Shobeth Shukla h.f. Adv. A.R. Pande for plaintiff present. Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ MCGM is present. On perusal of record, it appears that Defendant/BMC has not yet filed reply to N/M, hence matter is for filing reply to N/M. Kept Back. L.O. Adv. Ms. Deepanjali h/f. Adv. Mr. Pandey present. On oral request of Adv. Mr. Sutar for BMC adjourned. Interim relief to continue till next date. Adjd. to 5/12/2022 for N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 05-12-2022 Date: 05-12-2022 Business: Adv. Pooja Pandey h/f Adv. A. R. Pandey for plaintiff present. Adv. Mrs. Tondwalkar for defendant/ BMC is present and tendered N/M reply, TOR. Copy is supplied to other side. Adv. for plaintiff tendered pursis for adopting rejoinder in Suit No.1414/2019, TOR. Heard both sides on N/M. Earlier order, if any, to continue till next date. Adjd. to 14/12/2022 for N/M order. Next Purpose: NM ORDERS Next Hearing Date: 14-12-2022 Date: 14-12-2022 Business: Adv. Deepanjali h/f Adv. A. R. Pandey for plaintiff present. Adv. Mrs. Tondwalkar for defendant/ BMC is present. Due to paucity of time, matter is adjourned. Earlier order, if any, to continue till next date. Adjd. to 03/01/2023 for N/M order. Next Purpose: NM ORDERS Next Hearing Date: 03-01-2023 Date: 03-01-2023 Business: None for plaintiff. Adv. Mrs. Rawade h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present. Following order is passed on draft N/M - O R D E R 1. This is a suit to challenge the Show Cause Notice under Section 351 of the MMC issued by the Corporation and the plaintiff prayed for interim injunction restraining the defendant/ Corporation from implementing the notice. 2. It is the contention of the plaintiff that he is a tenant of the suit structure and he is in possession of the suit structure from the date of construction of suit building. The plaintiff has challenged notice on various grounds. It is the main contention of the plaintiff that the impugned notice has not been served upon him and it is served only upon the landlord. It is his further contention that the impugned notice ought to have been served upon him and given opportunity of putforth his case. It is a matter of record that previously notice under Section 351 of the MMC Act was given to the plaintiff which was challenged by him, by filing suit L.C. No.165/2012. This Court has decreed the said suit with liberty to the Corporation to take action only after correcting the defects as observed by the Court and by following due process of the law. 3. Advocate for the corporation submitted that the Corporation has issued fresh notice to the landlord as per the observations of this Court in L.C. Suit No.165/2012. He further submitted that corporation has follow due process of law. 4. Admittedly the impugned notice has not been issued to the Plaintiff. The plaintiff is a tenant and he in possession of suit structure since 1987. The plaintiff being a tenant has interest in the suit structure. It is well settled that where the rights of the person are adversely and prejudicially affected by an order made by the Authority, such person is entitled for notice and no decision should be taken in such proceeding without first giving the person adversely affected an opportunity of putting his case. An order of demolition of structure under Section 351 of the MMC Act results in serious civil consequences leading to loss of money and property. Moreover, my Ld. Predecessor while granting ad-interim relief observed that \''the interpretation of the word used in the Section 351 of the MMC Act is applicable when the owner himself is in occupation of the suit structure. In other words, if person other than the owner is in occupation of the suit structure, then mere notice to the owner will not be sufficient\''. 5. In this case on hand the impugned notice has not been served upon plaintiff. Therefore, in view of the settled principle of law and facts of the case interest of the justice would be served if fair opportunity is given to the plaintiff to Show Cause to the notice. Therefore, in my view, if defendant/Corporation is requested to serve impugned notice to the plaintiff and decide issue again after giving opportunity to the plaintiff to submit reply and documents, will curtail further litigation as well as resolve the dispute at the earliest. The interest of justice will be served by adopting this course of action. Hence I pass following order - O R D E R 1. Assistant Engineer/Designated Officer to issue impugned notice to the plaintiff and give opportunity to him to submit reply and document as per provisions of Section 351 of The Mumbai Municipal Corporation Act and pass fresh Speaking Order. 2. It is made clear that the defendant/Corporation not to take further action based upon the impugned notice till Assistant Commissioner/Designated Officer decide the issue again after giving opportunity to the plaintiff. 3. The Assistant Commissioner/Designated Officer to dispose off the issue as expeditiously as possible. 4. The earlier order to continue for two weeks thereafter passing fresh Speaking Order if the adverse is passed against the plaintiff. 5. In view of the observations above made, nothing remains in the suit, therefore, suit as well as Notice of Motion is disposed of. 6. Draft N/M be registered for statistical purpose. Nature Of Disposal: OTHER Disposal Date: 03-01-2023
Filing Number: 106547/2019 Filing Date: 18-06-2019 First Hearing Date: 11th November 2019 Decision Date: 03rd January 2023 Court Number And Judge: 4-COURT 04 AD-HOC JUDGE
Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 04 ADHOC ASST SESSIONS JUDGE Case No. :SUIT/0102843/2019 Mr. Premji Keshavji Gala Vs MCGM Date : 03012023 Business : None for plaintiff. Adv. Mrs. Rawade h/f Adv. Mrs. Tondwalkar for defendant/BMC is present. Following order is passed on draft N/M O R D E R 1. This is a suit to challenge the Show Cause Notice under Section 351 of the MMC issued by the Corporation and the…
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