Namdev Revappa ChandanshiveVsMCGM +1 more

Date: 06-06-2018
Business: Adv Khobragade for the plaintiff present.
Adv Tondwalkar for the def/BMC present.
Adjourned to 13.08.2018  for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-08-2018

Date: 13-08-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-08-2018

Date: 27-08-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-09-2018

Date: 21-09-2018
Business: None for Plaintiff.
Advocate Ms. Tondvalkar for BMC/Deft. present.
Court is busy in hearing Notice of Motions in suit nos.1555/15, 1584/15, 1714/18 and 1407/15, hence board is discharged and case is adjourned to 22/10/2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2018

Date: 22-10-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2018

Date: 19-12-2018
Business: Advocate Mr. Khobragade for Plaintiff present and submitted that, Chamber Summons is not served upon Plaintiff.  Applicant is directed to serve copy of Chamber Summons no.1912/18 upon Plaintiff and Defendant/BMC.
Advocate Ms. Richa Singh for applicant present.
Advocate for BMC/Deft present.
Plaintiff is directed to file registered Chamber Summons no.861/18 in the Court.
Case is adjourned to 13/02/2019 for reply to Chamber Summons no.1912/18 and registered Chamber Summons no.861/18 and hearing of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2019

Date: 13-02-2019
Business: Order on preceipe.-Allowed, if time will permit then only the hearing for ad-interim relief will be heard.
L.O.
Advocate Mr. Hemant Ingle h/f Adv. Khobragade for Plaintiff present and filed draft Notice of Motion along with affidavit in support. Leave granted.
Advocate Ms. Tondwalkar for BMC/Deft present.
Learned advocate for Plaintiff referred documents filed at Exh.J page no.70 A of the plaint and referred it as the photo-pass issued by the Competent Authority under Slum Act.  It is argued that said photo-pass proves the authorization of notice structure and it makes clear that notice structure is authorized one, however said photo-pass was not available with Plaintiff while giving reply to the notice u/s 351 of BMC Act and therefore reference to said photo-pass is not appearing in the speaking order dated 26/03/2018.  Further, it is argued that, on the basis of said alleged photo-pass and receipt of said photo-pass NM is necessary to be allowed, because suit structure is situated in slum area and BMC can not take any action against structure from slum area.
Learned advocate for Defendant argued that the document which is alleged to be photo-pass is not the photo-pass but it is the application submitted for photo-pass hence it can not be considered as photo-pass and it can not give protection to Plaintiff.  Lastly, it is argued that Plaintiff has not produce any documents for authorization, hence NM may be dismissed.
Case is adjourned to 22/02/2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 22-02-2019

Date: 22-02-2019
Business: Advocate Mr. Khobragade for Plaintiff present.
Advocate Ms. Hajare for BMC/Deft present.
  Advocate for Plaintiff submitted that, yesterday itself BMC squad has demolished suit premises, hence Plaintiff\''s claim has become infructuous.
Considering submissions, suit stands disposed off as Plaintiff\''s claim has become infructuous.  Accordingly, NM No.1925/2018 stands disposed off.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 22-02-2019

Main Case No: SUIT/0101245/2018
Main Cnr: MHCC010050142018
Main Filing No: 111447

Filing Number: 106927/2018
Filing Date: 16-05-2018
First Hearing Date: 06th June 2018
Decision Date: 22nd February 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE