Smt. Kalavati R. Singh Suit No. 1238 of 2018VsMCGM

Date: 06-06-2018
Business: Resumed.
Adv. Kudalkar For plaintiff and Adv. Chandramore for defendant  are present.
Adv. Kudalkar tendered a registered NM 2056 of 2018 and NM no. 2016 of 2018.  Adv. Chandramore submitted affidavit in reply to said NM . Order R and R
Adv. Kudalkar tendered copy of draft Chamber summons with affidavit for amendment of the plaint. Leave to registered is granted.
Adv. Kudalkar further tendered draft NM with affidavit seeking ad-interim relief that the defendant  be restrained from revoking license in respect of the trade pursuant to notice dated 30.05.2018. Leave to registered is granted.
Earlier by order dated 31.05.2018 ad-interim relief in respect of NM no. 2056 of 2018 was rejected.  However considering the affidavit in support of the notice of motion tendered today, it is directed that no coercive action should be taken against the plaintiff till 08.06.2018.  Adjd for ad-interim  orders on draft NM tendered today. An ordinary copy of this order duly authenticated by sheristedar of this court be supplied to both the parties. Adjd. for ad-interim order on 08.06.2018
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 08-06-2018

Date: 08-06-2018
Business: Resumed.
Son of plaintiff and Adv. Chandramore for defendant are present.
The P.O. is busy in hearing of NM No. 4447 of 2013 in Suit No. 4668/2013, NM No. 664/2017 in Suit No.335/2017 and other civil matter  for want of time the board is discharged.
Earlier order if any to continue till the next date.
Adjd for ad-interim order to 11.06.2018.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 11-06-2018

Date: 11-06-2018
Business: Resumed.
Adv. Kudalkar for plaintiff and Adv. Chandramore for MCGM are present.
I have already heard, both the advocates on the draft NM taken out by plaintiff on 06.06.2018.  The matter was adjourned for orders on draft NM to 08.06.2018.  As the P.O. was busy in other civil matters the matter was adjourned for orders today.
  Earlier by notice dtd. 24.02.2018 the plaintiff was directed by the defendant to shift kitchen from mezzanine floor to ground floor, being fire hazard, after conducting joint inspection by medical officer health, station officer fire and junior engineer of concern ward.  The plaintiff replied and thereafter filed this suit and took out NM No. 2056 of 2018, seeking ad-interim relief that the defendant be restrained from demolishing the suit premises.  On 08.05.2018, the ld. Judge, of in charge court rejected ad-interim relief.
  In the meantime the defendant issued show cause notice dtd. 05.05.2018 to the plaintiff as to why the trade license should not be revoked, and the plaintiff did not shift the kitchen from mezzanine floor to ground floor.    The plaintiff took out another NM No. 2016 of 2018 for restraining the defendant from demolishing the suit premises.  On 31.05.2018, relief of ad-interim injunction was rejected as order revoking the trade license was passed by the defendant already on 30.05.2018.
  On this background, the plaintiff took out another notice of motion for restraining the defendant from revoking the trade license pursuant to the notice dated 30.05.2018, which was tendered by medical officer health to the plaintiff in the court.  Upon hearing both the ld. Advocates and perusing the copies of documents as well as the said notice dtd. 30.05.2018, it prima facie appears that it is not a notice.  It is an order whereby the defendant revoked plaintiff\\\''s health /trade license no. 761414652 which was issued under section 394 of MMC Act, with a direction to submit copy of original health license with the defendant or to face an action for seizure etc.

  Considering the nature of that order, post facto  intervention of this court at this stage is not warranted therefore ad-interim relief is rejected.
The ld. Advocate for defendant filed reply to the Ch/s.
Heard, respective advocates.  Perused the text of proposed amendment and reply filed by defendant.  The proposed amendment is in respect of the facts which took place after the date of suit.  The plaintiff is seeking declaration and injunction by amending the suit.  Therefore, the nature of the suit will not be changed, if amendment is allowed.  The amendment has been proposed diligently.  It is necessary for determining the matter in controversy between the parties.  Therefore, the following order is passed-
                                 ORDER
1. The draft Ch/s. is made absolute in terms of prayer clause (a) with direction to comply with the order on or before 25.6.2018 in all respect.
2.  The formality of registration of Ch/s. be comply with.
Exh.6- Application for continuing the order dated 6.6.2018.
Heard respective advocates.  It is submitted on behalf of plaintiff that the plaintiff wishes to prefer an appeal against the orders rejecting the ad-interim relief.  The application is strongly objected by ld. Advocate for defendant on the ground that the ad-interim reliefs are rejected on merits.  Earlier by order dated 6.6.2018 it was directed that no coercive action should be taken against the plaintiff.   Considering the submissions made by the learned advocate for the plaintiffs and in order to facilitated the plaintiff to prefer an appeal, it is directed that no coercive action should taken against the plaintiff till 25.6.2018.  This order will not be extended on any count further.
  An ordinary copy of this order duly authenticated by the Sheristedar of this Court be supplied to both the parties.  Adjd. for compliance to 25.6.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-06-2018

Date: 25-06-2018
Business: Resumed.
Adv. Vaibhavi Pawar for Plaintiff tender registered NM No. 2160/2018 and Ch/s No. 926/2018.  She seeks time to comply with the order dtd. 11.06.2018 passed on draft Ch/s.  Granted as last chance.
    Adv. Pawar tender fresh draft Ch/s seeking amendment to the plaint. She undertakes to supply copies to defendant.  Leave to register is granted.
   Adv. Patil holding for Adv. Chandramore for MCGM seeks time to file reply.
Adjd for Ch/s reply to 25.07.2018.
Next Purpose: C/S REPLY
Next Hearing Date: 25-07-2018

Date: 25-07-2018
Business: Resumed.
Adv. Kudalkar for plaintiff and Adv. Chandramore for MCGM are present.
Adv. Kudalkar submits that Ch/s No. 926/2018 which was tendered in the court on 11.06.2018 was already made absolute and the same is required to be complied with by carrying out necessary amendment in the plaint.  However, the Ch/s No. 1085/2018 which was taken out on 06.06.2018, is not yet decided for want of reply of defendant corporation.  According to him the concerned registrar is reluctant to allow the plaintiff to carry out the amendment in paragraph no. 15 by inserting paragraph no. 15 (c) and 15 (d) on the count that the amendment proposed in Ch/s no. 1085/2018 (paragraph no. 15 (a) and (b)) is not yet allowed.  Be that as it may Adv. Chandramore seeks time to file reply to Ch/s no. 1085/2018.  Time is granted till 30.07.2018.  Till decision of Ch/s no. 1085/2018 the compliance of order passed on Ch/s No. 926/2018 is kept in abeyance.
  Earlier order if any to continue till the next date.
Adjd for reply and arguments on Ch/s No. 1085/2018 to  30.07.2018
Next Purpose: C/S REPLY
Next Hearing Date: 30-07-2018

Date: 30-07-2018
Business: Resumed.
Adv. Sandip Singh for plaintiff filed Ch/s No. 1305/2018.  TOR.
The P.O. is busy in recording evidence in Sessions Case No. 421/2016 and orders on NM No. 3348/2017 NM No. 3349/2017, 3350/2017 and NM No. 4374/2015 in Suit No. 2894/2008.  For want of time the board is discharged.
Adjd for Ch/s reply  to 08.08.2018.
Next Purpose: C/S REPLY
Next Hearing Date: 08-08-2018

Date: 08-08-2018
Business: Resumed.
The P.O. is on leave.
Adjd for C/S reply to 31.08.2018.
Next Purpose: C/S REPLY
Next Hearing Date: 31-08-2018

Date: 31-08-2018
Business: Resumed.
Adv. Vaibhavi Pawar for plaintiff, Adv.Sandip Singh For applicant in Ch/s and Adv. Ms. Patil for MCGM are present.
Adv. Pawar seeks time to reply to Ch/s 1305/2018. Adv. Patil seeks time to file reply to Ch/s 1085/2018.
Adjd for Ch/s reply to 08.10.2018.
Next Purpose: C/S REPLY
Next Hearing Date: 08-10-2018

Date: 08-10-2018
Business: Resumed.
NM No. 2016 of 2018 come up on board today.
The suit is already withdrawn on 05.10.2018 by the plaintiff unconditionally.  In view of he same NM no. 2016 of 2018 is dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 08-10-2018

Filing Number: 107265/2018
Filing Date: 01-06-2018
First Hearing Date: 06th June 2018
Decision Date: 08th October 2018
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE