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MISC APPEAL

Mr.Bhushan Eknath Padwal Son of Mr.Eknath Sadashiv PadwalVsMCGM

CNR MHCC01006423201819-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--JUDGMENT
Decision Date: 09th February 2023

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
100178/2018
Registration Date
04 Jul 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Terrorist and Disruptive and Activities (Prevention) Act · Sec 105F

    Case History / Proceedings

    Case History
    Date: 11-07-2018
    Business: Adv. B.S. Baraskar for appellant present.
    Adv. A.V. Divate for respondent present.
    At the request of Ld. Counsel for respondent, adjd. to 01/09/2018 for R and P.
    Next Purpose: AWAITING R AND P
    Next Hearing Date: 01-09-2018
    
    Date: 01-09-2018
    Business: Adv. B.S.Baraskar for appellant present.
    Adv. A.V. Divate for respondent present.
    Respondent files R and P.
    Copy furnished to appellant.
    Adjd. to 06/10/2018 for hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 06-10-2018
    
    Date: 06-10-2018
    Business: Adv. B.S. Baraskar for appellant present.
    Adv. A.V. Divate for respondent present.
    Heard arguments of Ld. Counsel for appellant.
    At the request of Ld. Counsel for respondent, adjd. to 20/10/2018 for arguments of respondent.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 20-10-2018
    
    Date: 20-10-2018
    Business: Adv. B.S. Baraskar for appellant present.
    Adv. Vikrant Parashurami with Adv. Atif
    Noorhasan Shaikh and Adv. A.V. Divate for
    respondent present.
    Adjd. to 26/11/2018 for hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 26-11-2018
    
    Date: 26-11-2018
    Business: Adv. B.S. Baraskar for appellant present.
    Adv. Mrs. Murgude with Adv. Parshmane with Adv. Atif Shaikh with Adv. A.V. Diwate for respondent present.
    Adjd. to 15/12/2018 for hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 15-12-2018
    
    Date: 15-12-2018
    Business: Adv. B.S.Baraskar for appellant present.
    Adv. Atif Shaikh with Adv. Vikrant Parshurame with Adv. A.V. Diwate for respondent present.
    Heard arguments of Ld. Counsel for respondent.
    Adjd. to 02/02/2019 for further hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 02-02-2019
    
    Date: 02-02-2019
    Business: CORAM HIS HONOUR 2nd ADDITIONAL PRINCIPAL JUDGE,  SHRI S. A. QUAZI.
    Adv. B.S. Baraskar for appellant present.
    Adv. Parshurami and Adv. Atif Shaikh with Adv. A.V.Diwate for respondent present.
    Adjd. to 21/02/2019 for hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 21-02-2019
    
    Date: 21-02-2019
    Business: CORAM HIS HONOUR 2nd ADDITIONAL PRINCIPAL JUDGE,  SHRI S. A. QUAZI.
    Adv. Madhuri Kadam for appellant present.
    Adv. Divate @ Adv. Vikrant Parshurami for respondent present.
    Adjd. to 11/04/2019 for hearing
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Adv. Parshuram a/w A.V. Diwate for respondent present.
    On request of Adv. for  appellant Matter is adjd. to.22.04.2019  for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 22-04-2019
    
    Date: 22-04-2019
    Business: Adv. B.S. Baraskar for appellant present.
    Adv. A.V. Diwate for respondent present.
    By consent matter is adjd. to. 12.07.2019 for hearing
    E.O. to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 12-07-2019
    
    Date: 12-07-2019
    Business: Court is on leave
    Next Purpose: HEARING
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Next Purpose: HEARING
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Adv. Mr. Baraskar for Appellant present.
    Adv. Mr. A. V. Diwate @ Adv. Parshurame @ Adv. Atif Shaikh for Respondent present.
    Earlier order, if any, to continue till the next date.
    Matter adj. to 18/02/2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv. B. S. Baraskar for appellant is present.
    Adv. Parshurami a/w Adv. Alif Shaik, Adv. Anita Murgude and Adv. A. V. Diwate for respondent/BMC present.
    As the court is busy in dictating Judgment in Misc Appeal No.4/19, 5/19 and 45/19, hence adjourned to 26.03.2020 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Next Purpose: HEARING
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 17-07-2020
    
    Date: 17-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: Due to Covid-19, both parties are absent, hence adjourned to 13.10.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Business: Both sides absent.
    Due to COVID-19, adjourned to 05.11.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: None present for appellant.
    Adv. A. V. Diwate for respondent/BMC is present.
    Adjourned to 10.12.2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: Adv. B. S. Baraskar for appellant is present.
    Ld. Counsel Mr.Dharmesh Vyas a/w Adv. Vikram Parshurami, Adv. Anita Murgude, Adv. Atif Shaikh and Adv. A. V. Diwate for respondent/BMC present.
    At the request of Ld. counsel for appellant, by way of last opportunity, matter adjourned to 14.01.2021 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Adv. Bhalchandra S. Baraskar for appellants is present.
    Adv. Dharmesh Vyas a/w Adv. Atif Shaikh, Adv. Anita Murgude, Adv. Parashurame and Adv. A. V. Diwate for respondent/BMC present.
    Adjourned to 11.02.2021 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: CORAM HIS HONOUR I/C PRINCIPAL JUDGE,
    SHRI. A. T. WANKHEDE (C.R. No.57)
    (Matter pertains to C.R. No.19)
    Adv. B. S. Baraskar for appellant present.
    Adv. A. V. Divate with Adv. Dharmesh Vyas and Anita Murgude for Respondent/BMC present.
    Adjd. to 15.03.2021 for hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant is present and files vakalatnama. TOR and marked as Exh.3.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. A. V. Diwate, Adv. Atif Shaikh and Adv. Vikrant Parshurami for respondent present.
    Since connected matters are posted on 24.03.2021, matter adjourned to 24.03.2021 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Ld. counsel Mr. P. D. Gandhy a/w Adv. Arvind Giriraj, Adv. Kunal Vaishnav and Adv. Kavita Sharma i/b Ganesh and Co for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. A. V. Diwate for respondent/BMC present.
    Ld. counsel for appellant submits that all his family members are infected with Covid-19 and as such seeks time.
    Adjourned to 16.04.2021 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Business: COURT IS ON LEAVE TODAY.
    (In view of Office Order No.79 of 2021 dt.12.04.2021, holiday is declared on 16.04.2021, hence matter is taken on todays board.)
    Due to holidays declared on 12th, 15th, 16th, so also as per SOP dated 06.04.2021 the day 17th being Saturday declared as holiday, hence adjourned to 06.05.2021 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 06-05-2021
    
    Date: 06-05-2021
    Business: None present for appellant.
    None present for respondent.
    Due to COVID-19, matter adjourned to 19.06.2021 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 19-06-2021
    
    Date: 19-06-2021
    Business: None present for appellant.
    None present for respondent.
    Adjourned to 13.07.2021 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Business: HONBLE THE PRINCIPAL JUDGE IS ON LEAVE TODAY.
    None present for the appellant.
    Adv. R. M. Hajare for respondent/BMC present.
    Adjd. to 13.08.2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Ld. counsel Mr. P. D. Gandhy a/w Adv. Kavita Sharma i/b Ganesh and Co for appellant present.
    Adv. Ruhi Hajare a/w Adv. Gajanan Shinde for respondent/BMC present.
    Ld. counsel for appellant submits that out of in the entire group of matters more than 40 appellants have expired due to Covid-19 or otherwise and as such he seeks time to take out appropriate proceedings for bringing heirs on record. Time granted.
    Adjourned to 22.09.2021 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC present.
    Since connected matter is adjourned to 06.10.2021, this matter is adjourned to 06.10.2021 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Adv. Kavita Sharma h/f Ganesh and Co for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC present.
    Since connected matter is adjourned to 29.10.2021, this matter is also adjourned to 29.10.2021 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Adv. Kavita Sharma i/b Ganesh and Co for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas for respondent/BMC is present.
    Since connected matter is adjourned, present appeal is also adjourned to 26.11.2021 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas for respondent/BMC is present.
    Adv. Vikrant Parashurami for respondent/BMC in MA No.170/18 is present.
    By consent, adjourned to 05.01.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
    None present for appellant.
    Adv. K. Dedhia h/f Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present.
    Ld. advocate for the respondent/BMC submitted that she learned from the sources that Ld. advocate for the appellant tested Covid positive. No one appear on behalf of the appellant or on behalf of the Ld. advocate. There is no such intimation to the court. However considering the statement made by the Ld. advocate for respondent matters are adjourned to 27.01.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    L.O.
    Adv. Kavita Sharma for appellant is present.
    Next Purpose: HEARING
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
    Adv. Prajakta Gaonkar for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present.
    Mr. Narayan Vishnu Matkar, Senior Estate Inspector, ME-Ward for respondent/BMC is present.
    Adjourned on 28.02.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 28-02-2022
    
    Date: 28-02-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
    Ld. counsel Mr. P. D. Gandhi a/w Adv. Kavita Sharma i/b Ganesh and Co for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Krisha Dedhia for respondent/BMC is present.
    Adv. Apoorva Thakre h/f Adv. Vikrant Parashurami for respondent/BMC in Misc Appeal No.170/18, 178/18, 179/18 is present.
    Mr. Narayan Vishnu Matkar, Senior Estate Inspector, ME Ward for respondent/MCGM is present.
    Adjourned on 28.03.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
    Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present.
    Adv. Roma Naik a/w Adv. Gargi Maideo h/f Adv. V. V. Parshurami for respondent/BMC in Misc Appeal No.170/18 and 178/18 is present.
    Adjourned on 18.04.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
    Adv. Kavita Sharma i/b Ganesh and Co for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present.
    Adjourned on 20.06.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: CORAM - HIS HONOUR 2nd ADDITIONAL PRINCIPAL JUDGE,
    SHRI. R. N. ROKADE (C.R. No.54)
    (Matter pertains to C.R. No.19)
    Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant is present.
    Adv. Krisha Dedhia h/f Ld. counsel Mr. Dharmesh Vyas for respondent/BMC present.
    Adv. Advait Hattangadi h/f Adv. V. V. Parashuram in Misc Appeal No.170/18, 178/18, 261/18 for respondent/BMC present.
    Mr. Narayan Matkar, Senior Inspector (Estate), M/E Ward for BMC  present.
    Adjourned on 18.07.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
    Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas for respondent/BMC is present.
    Adv. Gargi Maideo h/f Adv. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18 and 261/18 is present.
    Adjourned on 22.08.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Adv. Mani Thevar i/b Ganesh and Co for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Vidya Vyavhare for respondent/BMC present.
    Adv. Akash Vikram Singh h/f Adv. Vikrant Parshurami for respondent/MCGM in Misc. Appeal No.261/18, 170/18 and 178/18 present.
    Adjourned on 07.09.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
    Ld. counsel Mr. P. D. Gandhy a/w Adv. Kavita Sharma i/b Ganesh and Co for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Krisha Dedhia and Adv. Som Sinha for respondent/BMC present.
    Smt. Pratibha Arvind Sankhe, Estate Officer P to R Ward for BMC present.
    Adv. Gajanan Shinde for respondent/BMC in Misc. Appeal No.22/18 is present.
    Adv. Vikram Walawalkar for respondent/BMC in Misc. Appeal No.295/18 and 305/18 is present.
    Adv. Gargi Maideo h/f Adv. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18 and 261/18 is present.
    Adjourned on 19.10.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C.R. NO.19)
    Adv. Kavita Sharma i/b Ganesh and Co for appellant present.
    Adv. Ruhi Hajare a/w Adv. Krisha Dedhia for respondent/BMC present.
    Mr. Gajanan D. Shinde for respondent/BMC in Misc. Appeal No.22/18 present.
    Adv. Apoorva Maurya h/f Adv. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18 and 261/18 present.
    Shri. Narayan V. Matkar, M/E Ward - Estate Dept. for BMC present.
    Adjourned on 28.11.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C.R. NO.19)
    Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC present.
    Adv. Gajanan Shinde for respondent/BMC in Misc. Appeal No.22/18 is present.
    Adv. Roma Naik h/f Adv. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18, 179/18 and 261/18  is present.
    Appellant to file written notes of arguments and synopsis on next date. Advance copy be served to other side.
    Adjourned on 06.01.2023 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 06-01-2023
    
    Date: 06-01-2023
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C.R. NO.19)
    Adv. Hardik Desai a/w Adv. Kavita Sharma i/b M/s. Ganesh and Co. for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC is present.
    Adv. Gajanan Shinde for respondent/BMC in Misc. Appeal No.22/18 is present.
    At the request of appellant, matter is adjourned on 13.01.2023 for hearing as a last chance. The matter will be posted for judgment based on written arguments submitted earlier.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C.R. NO.19)
    Ld. counsel Mr. P. D. Gandhy a/w Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC is present.
    Adv. Gajanan Shinde for respondent/BMC in Misc. Appeal No.22/18 is present.
    Adv. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18, 179/18 and 261/18 is present.
    Smt. Ujwala Hire, A. O. Estate a/w Shri. Narayan Matkar, Estate Inspector of ME Ward for BMC is present.
    Smt. Vishakha Bhatkar, A.O. Rajawadi Hospital a/w Ms. Jayashri Shirole, H. C. Rajawadi Hospital is present.
    Heard common final arguments of Ld. counsel Mr. P. D. Gandhy for appellants.
    Adjourned on 21.01.2023 at 11.30am for Final Arguments of Respondent.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C.R. NO.19)
    Adv. Suraj Iyer a/w Adv. Kunal Vaishnav, Adv. Hardik Desai and Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC present.
    Adv. Gajanan D. Shinde for respondent/BMC in Misc. Appeal No.22/18 is present.
    Adv. Vikrant V. Parashurami for respondent/BMC in Misc. Appeal No.178/18, 170/18 and 261/18 is present.
    Adv. Vikram Walawalkar for respondent/BMC in Misc Appeal No.295/18 and 305/18 is present.
    Smt. Ujwala Hire, A. O. Estate a/w Shri. Narayan Matkar, Estate Inspector of M/E Ward for BMC is present.
    Smt. Vishakha Bhatkar, A.O. Rajawadi Hospital a/w Ms. Jayashri Shirole, H. C. Rajawadi Hospital is present.
    Heard final arguments of Ld. counsel Mr. Vyas for respondent/BMC.
    Also heard final arguments of Adv. Walawalkar for respondent/BMC
    Adv. Parashurami and Adv. Shinde adopted arguments advanced by Ld. counsel Mr. Vyas and Adv. Walawalkar for respondent/BMC.
    Adjourned on 25.01.2023 for Reply Arguments.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C.R. NO.19)
    Ld. counsel Mr. P. D. Gandhy a/w Adv. Kunal Vaishnav, Adv. Kavita Sharma and Adv. Mani Thevar i/b M/s. Ganesh and Co for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC is present.
    Adv. Gajanan Shinde for respondent/BMC in Misc. Appeal No.22/18 is present.
    Adv. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18 and 261/18 is present.
    Smt. Ujwala Hire, A. O. Estate a/w Shri. Narayan Matkar, Estate Inspector of M/E Ward for BMC is present.
    Smt. Vishakha Bhatkar, A.O. Rajawadi Hospital a/w Ms. Jayashri Shirole, H. C. Rajawadi Hospital is present.
    Counsel for respondent filed common written submissions on behalf of MCGM in Misc. Appeal No.179/18 and 292/18. They are kept in Misc. Appeal No.22/18.
    Counsel for appellant filed common rejoinder. It is taken on record. It is kept in Misc. Appeal No.22/18.
    Counsel for appellant also filed common compilation of citation/judgments alongwith list. It is taken on record. It is kept in Misc. Appeal No.22/18.
    Heard common reply arguments of Ld. counsel Mr. Gandhy for appellants.
    Adjourned on 02.02.2023 for Judgment.
    Earlier order, if any, to continue till next date.
    Next Purpose: JUDGMENT
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C.R. NO.19)
    Adv. Kavita Sharma i/b M/s. Ganesh and Co for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC present.
    Adv. Gajanan Shinde for respondent/BMC in Misc. Appeal No.22/18 is present.
    Adv. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18 and 261/18 is present.
    Adv. Vikram Walawalkar for respondent/BMC in Misc Appeal No.295/18 and 305/18 is present.
    Adjourned on 06.02.2023 for Judgment.
    Earlier order, if any, to continue till next date.
    Next Purpose: JUDGMENT
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C.R. NO.19)
    Adv. Kavita Sharma i/b M/s.Ganesh and Co for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC present.
    Adv. Gajanan Shinde for respondent/BMC in Misc. Appeal No.22/18 is present.
    Adv. Vikrant Parshuram for respondent/BMC in Misc. Appeal No.170/18, 178/18 and 261/18 is present.
    Adv. Vikram Walawalkar for respondent/BMC in Misc. Appeal No.295/18 and 305/18 is present.
    Smt. Ujwala Hire, A. O. Estate of M/E Ward for BMC is present.
    Mr. S. D. Sawant, Dy CFO (Byculla) a/w Mr. B. R. Yamgar, Clerk for respondent/BMC present.
    Ms. Jayashri Shirole, H. C. (A) Rajawadi Hospital is present.
    Adjourned on 08.02.2023 at 02.45pm for Judgment.
    Earlier order, if any, to continue till next date.
    Next Purpose: JUDGMENT
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C.R. NO.19)
    Adv. Kavita Sharma a/w Adv. Mani Thevar i/b M/s. Ganesh and Co for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC is present.
    Adv. Gajanan Shinde for respondent/BMC in Misc. Appeal No.22/18 is present.
    Adv. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18 and 261/18 is present.
    Adv. Vikram Walawalkar for respondent/BMC in Misc. Appeal No.295/18 and 305/18 is present.
    Smt. Ujwala Hire, A. O. Estate of M/E Ward for BMC is present.
    Mr. Baban R. Yamgar, Clerk, CFO Byculla for BMC present.
    Smt. Anuja Padal, Head Clerk, Deonar Slaughter House for BMC present.
    As court is busy in hearing final arguments in old matter i.e. in Misc. Appeal No.6/07 and recording evidence of under trial prisoners matter i.e. in SC No.1029/19, matter is adjourned on 09.02.2023 at 03.00pm for Judgment.
    Earlier order, if any, to continue till next date.
    Next Purpose: JUDGMENT
    Next Hearing Date: 09-02-2023
    
    Date: 09-02-2023
    Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
    SHRI. A. SUBRAMANIAM (C.R. NO.19)
    Adv. Kavita Sharma a/w Adv. Mani Thevar i/b M/s. Ganesh and Co. for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC is present.
    Adv. Vikrant Parashurami for respondent/BMC in Misc. Appeal No.170/18, 178/18 and 261/18 is present.
    Judgment is pronounced in open court.
    Exh.     - Judgment.
    F.R.S.R. Following order is passed.
    ORDER
    1. Misc. Appeal is dismissed.
    2. Time is granted to the appellant/s to vacate the premises till 31/03/2023 subject to appellant/s filing an undertaking before this Court within 4 weeks from today that the appellant/s is/are in physical occupation of the premises and that appellant/s will not create any third party interest in the said property and further appellant/s will honour the order of the learned Enquiry Officer on its attaining finality.
    3. If the above undertaking is/are not filed within the stipulated period, the execution can be proceeded with.
    4. Record and proceedings be returned to the Respondent No.1/BMC.
    Nature Of Disposal: JUDGMENT
    Disposal Date: 09-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 107001/2018
    Filing Date: 23-05-2018
    First Hearing Date: 11th July 2018
    Decision Date: 09th February 2023
    Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

    Orders

    2
    Final Order 1Full order available
    09 Feb 2023

    Order Details: Copy of Judgment Pdf Text: MHCC010064232018 Received on : 23.05.2018 Registered on : 04.07.2018 Decided on : 09.02.2023 Duration : Y.4.:M.8.:D.17 Exhibit : IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISC. APPEAL NO.178 OF 2018 (Enquiry No.33/ME/ESH of 2017 dt. 31.10.2017) CNR NO. MHCC010064232018 Mr.Bhushan Eknath Padwal S/O. Mr. Eknath Sadashiv Padwal R/at : Room No.01, Block No.E/4 Deonar Municipal Colony, Govandi, Mumbai 400 043. ... Appellant/ (Org.Respondent) Versus 1. The Municipal Corporation of…

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    Order 1Full order available
    09 Feb 2023

    Order Details: Copy of Judgment Pdf Text: MHCC010064232018 Received on : 23.05.2018 Registered on : 04.07.2018 Decided on : 09.02.2023 Duration : Y.4.:M.8.:D.17 Exhibit : IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISC. APPEAL NO.178 OF 2018 (Enquiry No.33/ME/ESH of 2017 dt. 31.10.2017) CNR NO. MHCC010064232018 Mr.Bhushan Eknath Padwal S/O. Mr. Eknath Sadashiv Padwal R/at : Room No.01, Block No.E/4 Deonar Municipal Colony, Govandi, Mumbai 400 043. ... Appellant/ (Org.Respondent) Versus 1. The Municipal Corporation of…

    Read Full Order

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