Date: 05-05-2018
Business: Resumed.
Adv. Bhuvan Thakkar tendered NM No. 1877/2018. TOR.
The P.O. is busy in orders on NM No. 1313/2018 in Suit No. 1163/018, NM NO. 45/2010 in Suit No. 2990/2015 and Ch/s in Suit No. 1034/2018 and arguments /orders on ad-interim in Suit No. 1261/2018, 1249/2018 and 1234/2018. For want of time the board is discharged.
Adjd for NM reply to 22.06.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2018
Date: 22-06-2018
Business: Resumed.
Adv. Ms. Dedhia for plaintiff submits that the amendment has been carried out. Advocate Patil for MCGM is on leave on 05/05/2018 when the board was discharged, the earlier order was not continued. In the circumstances it is necessary to continue the said order and accordingly, it is continued till next date.
Adjourned for N/M reply to 11/07/2018
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-07-2018
Date: 11-07-2018
Business: Adv. Minal Dedhia for plaintiff and Adv.Anuja for defendant no. 2 are present.
The P.O. is busy in hearing of NM No.1891/2011 in Suit No. 1746/2011 and orders on NM No. 423/2017 and 422/2017 in Suit No.1400/2008 and 1396/2008 respectively. For want of time the board is discharged.
Earlier order if any to continue till the next date.
Adjd for NM reply to 08.08.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-08-2018
Date: 08-08-2018
Business: Resumed.
Adv. Minal present.
Earlier order if any to continue till the next date.
Adjd for NM reply rejoinder to 17.09.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2018
Date: 17-09-2018
Business: Resumed.
Adv. Minal Dedhia for plaintiff, Adv. Verma for def. no. 2 and Adv. Pradip Patil for MCGM are present.
Adv. Patil and Adv. Verma seek time to file reply to NM. Granted as last chance.
Adjd for NM reply or orders to 19.10.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2018
Date: 19-10-2018
Business: Resumed.
Av. Minal Dedhia for plaintiff is present.
The P.O. is busy in hearing arguments in NM No. 1768/2016 in suit No. 1566/2015 and other ad-interim matters. For want of time the board is discharged.
Earlier order if any to continue till the next date.
Adjd for NM reply to 09.01.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-01-2019
Date: 09-01-2019
Business: Resumed.
Adv. Menal Dedhia for plaintiff, Adv. Verma for def. no. 2 and Adv. Pradip Patil for MCGM are present.
Adv. Patil seeks time to file reply to NM. Time is granted as last chance with a direction that if the defendant fails to file reply the NM will be heard and decided on its own merits.
Adjd for NM reply to 18.01.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2019
Date: 18-01-2019
Business: Resumed.
Adv. Minal Dedhia for plaintiff and Adv. Verma for def. no. 2 and Adv. Pradip patil for MCGM are present.
Adv. Dedhia seeks time to argue the NM on the ground that Adv. Dubhash is busy in other Court.
Adv. Patil seeks time to file reply.
Earlier order if any to continue till the next date.
Arguments on NM with a direction that if the defendants are filing the reply the copy thereof should be served in advance to the plaintiff.
Adjd for NM arguments to 06.02.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 06-02-2019
Date: 06-02-2019
Business: Resumed.
Adv. Dubhash for plaintiff, Adv. Purvi Jain with Adv. Verma for def. no. 2 and Adv. Pradip Patil for MCGM are present.
Adv. Pradip Patil filed reply.
Heard, respective advocates on NM No. 1877/2018.
The ld. Adv. For plaintiff submits that the plaintiff apprehends forcible dispossession of from the suit premises in furtherance of the show cause notice dtd. 01.01.2018, issued by the defendant corporation to the def. no. 2. According to him the suit is part heard and earlier protection granted may be continued till disposal of the suit.
On the other hand, the ld. Adv. For def. no. 2 submits that the aforesaid notice has been issued in respect of an issue relating to renewal of lease. The def. no. 2 has no nexus with the notice structure impugned in the present suit. The scope of aforesaid show cause notice is between the defendant corporation and def. no. 2. Lastly he submitted that the def. no. 2 has complied with the notice and the matter is pending for renewal of lease.
The ld. Adv. For defendant corporation submits that the plaintiff has no locus standi to said notice and get any order of stay as he is a sub tenant.
Considering rival submissions, the relationship inter se the def. no. 1 and def. no. 2 on one hand and def. no. 2 and plaintiff on the other is prima facie un disputed. Similarly, the scope of the notice and order impugned in this suit is also limited to the extent of legality and vires of the action taken by the defendant corporation. Similarly, the scope of notice dtd. 01.01.2018, is restricted to the extent of the renewal of lease of plot no. 84. the plaintiff herein has no locus standi in that respect. Moreover, the said show cause notice is beyond the scope of the suit therefore, the notice of motion no. 1877 of 2018 is dismissed with a direction that the parties should bear their own costs of the motion.
Adjd for cross examination of PW no. 1 to 07.03.2019.
Nature Of Disposal: DISMISSED
Disposal Date: 06-02-2019
