Date: 28-06-2019
Business: BY PRECIPEE
Adv.Mr.Bhatia for plaintiff present.
Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
Exh.1 - Plaint
Exh.2 - Vakalatnama. O-Seen and filed.
Exh.3 - Address Memo. O-R and R.
Exh.4 - List of documents. O-Seen and filed.
Exh.5 - Affidavit in support of plaint.
Adv.of Plaintiff filed draft notice of motion a/w. Affidavit t.o.r.
O-Leave granted to register draft notice of motion.
Adv.of Deft.filed affidavit-in-support of documents t.o.r.
Heard both the sides.
The Order under challenge directs the Plaintiff to discontinue commercial use of notice premise and restored it to as garage within seven (7) days from the receipt of the order, failing which the Plaintiff would be prosecuted u/S.475 of MMC Act.
Section 41(d) of Specific Relief Act points out that an injunction cannot be granted to restrain any person from instituting or prosecuting any proceeding in a criminal matter.
The Plaintiff is seeking injunction restraining the MMC from prosecuting the Plaintiff u/S.475A of the MMC Act. Such injunction cannot be granted. The prayer for ad-interim injunction cannot be considered is rejected.
Matter adjd to 16.08.2019 for NM Reply.
Next Purpose: REPLY
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: Matter adjd to 27.09.2019 for Reply
Next Purpose: REPLY
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: Adv. Mr. Jay K. Bhatia for plaintiff present and filed registered
notice of motion no. 2432/2019 alongwith afffidavit in
support t.o.r.
As Court is busy in recording evidence in various matter,
arguments and passing orders hence, board discharged.
Matter adjd to 16/10/2019 for reply.
Next Purpose: REPLY
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Plaintiff and Adv. absent.
Adv. Mr. Patil for defendant/MCGM present.
As court busy in hrg. argument in other suits, hence board discharged.
Matter adjd to 29/11/2019 for N/M reply.
Next Purpose: REPLY
Next Hearing Date: 29-11-2019
Date: 29-11-2019
Business: s Court is busy in hearing arguments in Su.775/2012 with
668/2012, 548/2010, passing orders and misc. work hence,
board is discharged.
Matter adjd to 13/12/2019 for reply.
Next Purpose: REPLY
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: As Court is on leave,Hence board is discharged.
Matter is adjd to 20/01/2020
Next Purpose: REPLY
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Adv. for plaintiff present.
Adv. Mr. Nandanwar for the defendant MCGM Present.
Mater is adjd to 17/02/2020 for reply
Next Purpose: REPLY
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv. Mr. Datta for plaintiff present.
Adv. Mr. Nandanwar for MCGM/deft present.
Matter is adjd to 13/03/2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv Vaibhav Kamble for plaintiff present.
APP Nandanwar for MCGM present.
As a last chance Matter adjourned for reply to 22.06.2020.
Next Purpose: REPLY
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Business: coivd-19, adjd
Next Purpose: REPLY
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
Matter adjourned for reply to 08.01.2021.
Next Purpose: REPLY
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: None present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
Matter adjourned for reply to 29.01.2021.
Next Purpose: REPLY
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: None present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
Matter adjourned for reply to 24.02.2021.
Next Purpose: REPLY
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: None present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
Court is busy in another matter hence board discharged.
Matter adjourned for reply to 15.03.2021.
Next Purpose: REPLY
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: None present for plaintiff.
Adv. Nandanwar present for MCGM/defendant and sought adjournment.
Matter adjourned for NM reply to 14.06.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: Due to covid-19 pandemic matter is adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. t
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: As court is busy in dictating order on NM no. 3690/18 in suit no.2209/18 hence remaining board is discharged. Hence, matter is adjourned to 25-10-2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: None present for plaintiff.
Adv. Soraan present for MCGM/defendant.
As plaintiff and his adv. absent, Matter adjourned for nm reply rejoinder to. 01/12/21.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: None present for plaintiff.
Adv. soraan present for MCGM/defendant.
As plaintiff and his adv. absent, Matter adjourned for nm reply rejoinder to. 03/01/22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: None present for plaintiff.
Adv. Diwate present for MCGM/defendant and sought adjournment for filling reply.
Matter adjourned for reply to. 04/02/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Matter adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: The court is busy in orders dictating in Suit No.6123/2003, Suit No.1201/2022 and Suit No. 1821/16 hence, for want of time following board discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: As court is busy.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: None for Plaintiff.
Adv. Mr. Diwate for MCGM/ defendant present.
Matter is adjd for NM order on 05-12-2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: P.O. is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: As P.O. is on leave in second session. Hence matter adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: None for plaintiff.
Adv. Patil for MCGM/defendant.
Matter adjourned for Nm reply 03-07-2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd to 23.08.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd to 18.09.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2023
Date: 18-09-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd to 27.10.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2023
Date: 27-10-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd to 06.12.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd to 15.01.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd to 14.02.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2024
Date: 14-02-2024
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd to 05.04.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2024
Date: 05-04-2024
Business: Adv. J. S. Yadav h/f Adv. B. P. Shukla for Plaintiff present.
Adv. Pradeep Patil for MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd to 21.06.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: None for Plaintiff.
Adv. Nandanwar for MCGM present.
On the request of advocate for MCGM matter is adjourned.
Matter is adjd to 29-07-2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2024
Date: 21-06-2024
Business: None for Plaintiff.
Adv. Nandanwar for MCGM present.
On the request of advocate for MCGM matter is adjourned.
Matter is adjd to 29-07-2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM present.
Ld. Adv. for MCGM has filed affidavit in reply cum written statement. Taken on record and marked at Exh.6. O- R and R. Copy be served to other side.
Matter is adjd to 23.08.2024 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2024
Date: 23-08-2024
Business: None for Plaintiff.
Adv. Nandanwar present for defendant/MCGM and submitted that reply is already tendered on record. Hence, matter be kept of NM hearing.
Matter is adjd to 07.10.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2024
Date: 07-10-2024
Business: None for Plaintiff.
Adv. G. V. Jawale for MCGM present.
Matter is adjd to 27.11.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2024
Date: 27-11-2024
Business: P.O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2025
Date: 05-02-2025
Business: None for Plaintiff.
Adv. Nandanwar for Deft/MCGM present.
Matter is adjd to 10-03-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2025
Date: 10-03-2025
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM/Defendant present.
The plaintiff is directed to tender registered NM No. 2432/2019 on or before next date.
Matter is adjd to 09.06.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2025
Date: 09-06-2025
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM/Defendant present.
Matter is adjd to 27.06.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2025
Date: 27-06-2025
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM/Defendant present
Matter is adjd to 12.09.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2025
Date: 12-09-2025
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM/Defendant present.
Matter is adjd to 03.10.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2025
Date: 03-10-2025
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM/Defendant present.
Matter is adjd to 10.12.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2025
Date: 10-12-2025
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM/Defendant present.
NM No. 2432/19 is pending since long but plaintiff has failed to proceed with. Hence, notice of motion be kept for dismissal order on next date.
Matter is adjd to 09.02.2026 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 09-02-2026
Date: 09-02-2026
Business: None for Plaintiff.
Adv. A. K. Nandanwar for MCGM/Defendant present.
Order below Exh. 1
From the record it seems that plaintiff has challenge the notice issued by the defendant/MCGM under section 351 of the MMC Act 1888 and by way of filing notice of motion sought the relief of ad-interim injunction. However, by order dated 28.06.2019, the predecessor of this court has rejected the prayer of ad-interim injunction for the reason that Section 41(d) of Specific Relief Act says that an injunction cannot be granted to restrain any person from instituting or prosecuting any proceeding in a criminal matter. The said order has been challenged by the plaintiff before the Honble High Court in A. O. No. 707/2019 wherein the impugned notice dated 11.03.2019 and speaking order dated 14.06.2019 are quashed and set aside by the Honble High Court. Therefore, when the impugned notice and speaking order are set aside, I think there is no point to continue with the proceeding of present suit, so accordingly, in the result following order is passed -
ORDER
1. L. C. Suit No. 1580/2019 is hereby disposed of cum withdrawn for the reason of setting aside of impugned notice and speaking order.
2. In view of disposal of suit, NM No. 2432/2019 does not survive so, stands disposed of.
3. Bill of cost be drawn up accordingly.
Nature Of Disposal: OTHER
Disposal Date: 09-02-2026