Date: 07-06-2018
Business: Adv. Abhay Parab for applicant present.
Adv. A.V. Divate for respondent present.
Adjd. to 03/08/2018 for reply to delay.
Earlier order to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 03-08-2018
Date: 03-08-2018
Business: Adv. Abhay Parab for applicant present.
Adv. A.V. Divate for respondent present.
At the request of Ld. Counsel for respondent, adjd. to 29/08/2018 for reply.
Earlier order to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 29-08-2018
Date: 29-08-2018
Business: Adv. Abhay Parab for applicant present.
Adv. A.V. Divate for respondent present.
Respondent files reply.
Respondent files R and P.
Respondent also files reply in M.A. No.24 to 28 and 32/18.
Adjd. to 01/10/2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 01-10-2018
Date: 01-10-2018
Business: Adv. Mr. Abhay Parab for the applicant is present.
Adv. Mr. Diwate for the respondent is present.
Heard both sides.
Matter is adjourned to 06/10/2018 for order.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 06-10-2018
Date: 06-10-2018
Business: Adv. Abhay Parab for applicant present.
Adv. A.V. Divate for respondent present.
Adjd. to 26/11/2018 for hearing.
Next Purpose: HEARING
Next Hearing Date: 26-11-2018
Date: 26-11-2018
Business: Adv. Abhay Parab for appellant present.
Adv. A.V. Diwate for respondent present.
Since the connected group matters are adjd. to 05/12/2018, adjd. to 05/12/2018 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 05-12-2018
Date: 05-12-2018
Business: Adv. Abhay Parab for appellant present.
Adv. A.V. Diwate with Adv. Som Sinha for
respondent present.
At the request of Ld. Counsel for appellant, by way of last opportunity, adjd. to 24/01/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 24-01-2019
Date: 24-01-2019
Business: Adv. Abhay Parab for appellant present.
Adv. A.V. Diwate for respondent present.
Ld. Counsel for appellant seeks time for furnishing certified copies of certain circulars.
The Court is also busy in judgment in old matter, adjd. to 22/02/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 22-02-2019
Date: 22-02-2019
Business: CORAM - HIS HONOUR 2nd ADDITIONAL PRINCIPAL JUDGE, SHRI S. A. QUAZI. Adv. Rujuta Loakare for appellant present. Adv. Divate for respondent present. Adjd. to 25/04/2019 for hearing. Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: Adv Parab for appellant present.
Adv Diwte for respondent present.
By Consent matter is adjd. to. 24/07/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 24-07-2019
Date: 24-07-2019
Business: matter adjd to 18-11-2019.
Next Purpose: HEARING
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Adv. Abhay Parab for appellant present.
Adv. Diwte a/w Counsel Adv. Som Sinha and Adv. Dharmesh Vyas for respondent present.
On oral request of advocate for appellant , last chance is granted for filing compilation and final arguments to 17.01.2020.
Earlier Order, if any, to continue till the next date.
Next Purpose: HEARING
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Adv. Abhay D. Parab for appellant is present.
Adv. Dharmesh Vyas a/w Adv. Som Sinha and Adv. A. V. Diwate for respondent/BMC present.
Advocate for appellant seeks adjournment as his senior counsel is not available for argument.
At the request of advocate for appellant, adjourned to 17.02.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv. Abhay D. Parab for appellant is present and seeks adjournment as he is not feeling well today.
Ld. Counsel Dharmesh Vyas a/w Adv. Sam Sinha and Adv. A. V. Diwate for respondent present.
At the request of advocate for appellant, adjourned to 23.03.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: HEARING
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Next Purpose: HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 13-07-2020
Date: 13-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: Both sides absent.
Due to COVID-19, adjourned to 03.11.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: None present for appellant.
Adv. A.V. Diwate for respondents/MCGM present.
Adjourned to 15.12.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: None present for appellant.
Adv. A. V. Diwate for respondent/BMC is present.
Appellant to ensure that the matter would argue on next date.
Adjourned to 16.01.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: None present for appellant.
Adv. A. V. Diwate for respondent/BMC is present.
Adjourned to 23.02.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv. Rujuta R. Lokare h/f Adv. Abhay Parab for appellant is present and files common adjournment application. It is kept in Misc Appeal No.110/18.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. A. V. Diwate for respondent/BMC present.
Appellant submits that the advocate is unwell.
Adjourned to 18.03.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv. Abhay D. Parab for appellant is present.
Adv. Som Sinha a/w Adv. A. V. Diwate and for respondent/BMC present.
Ld. advocate for the appellant submits that on 11.02.2021 there was meeting with Additional Commissioner Mr.Jaiswal who has principally agreed that if the appellant is ready to bear the cost of construction matter can be resolved.
Ld. counsel for BMC to take instructions from Commissioner, BMC as to whether efforts are underway for resolving the issues, else parties to argue the matter on next date.
Adjourned to 08.04.2021 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None present for appellant.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. A. V. Diwate and Adv. Som Sinha for respondent/BMC present.
Mr. Ghodke, Sr. Estate Inspector and Mr. Shekhar Udharaj, Assistant Security Officer (A.S.O) for respondent/BMC present.
Since nobody appears for appellant, matter adjourned to 04.05.2021 for Arguments.
Next Purpose: HEARING
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Business: None present for appellant.
Mr. Arunkumar Ghodke, Sr. Estate Inspector for respondent/BMC is present.
Advocate for respondent/BMC absent.
Due to COVID-19, matter adjourned to 24.06.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: None present for appellant.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Rubi Hazare for respondent/BMC present.
Adjourned to 27.07.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: None present for appellant.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. R. M. Hajare and Adv. Som Sinha for respondent/BMC present.
Due to Covid-19, adjourned to 25.08.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Adv. Abhay Parab for appellant is present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare and Adv. Som Sinha for respondent/BMC present.
Mr. Arunkumar V. Ghodke, Senior Estate Inspector for respondent/BMC is present.
Ld. counsel for the appellant seeks time on the ground that on making a representation to BMC and he assures that if nothing happens within two weeks he would be ready to argue the matter on next date. As such matter adjourned to 17.09.2021.
Appellant to furnish chart specifying material details of 220 matters on next date.
Adjourned to 17.09.2021 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Adv. Abhay D. Parab for appellant is present.
Adv. Som Sinha a/w Adv. Ruhi Hajare for respondent/BMC present.
Mr. Arunkumar V. Ghodke, Senior Estate Inspector M/West-Ward for respondent/BMC is present.
Ld. counsel for appellant submits that a meeting with Municipal Commissioner of BMC is fixed after Ganpati Festival. By way of last opportunity time is granted.
Appellant has not complied the directions given on last date regarding furnishing chart specifying material details of matters, on which Ld. counsel for appellant assures that he would comply the directions on next date.
Adjourned to 18.10.2021 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: Adjourned to 15.11.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Ld. counsel Mr. Zubin Dalal a/w Adv. Abhay D. Parab for appellant present.
Adv. Ruhi Hajare for respondent/BMC is present.
Smt.Mane, Estate Officer a/w Mr.Arunkumar V. Ghodke, Senior Estate Inspector M/West-Ward for respondent/BMC present.
At the request of respondent adjourned to 09.12.2021. In the meantime Ld counsel for appellant agrees to furnish chart for the group of matters.
Adjourned to 09.12.2021 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Ld. counsel Mr. Zubin Dalal a/w Adv. Abhay D. Parab for appellant is present.
Adv. Krisha Dedhia h/f Ld. counsel Mr. Dharmesh K. Vyas for respondent/BMC is present.
By consent, adjourned to 13.01.2022 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
None present for appellant.
K.B.
L.O.
None present for appellant.
Adv. Som Sinha for respondent/BMC is present.
Mr. Arunkumar V. Ghodke, Senior Estate Inspector, for respondent/MCGM is present.
Adjourned to 21.02.2022 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Abhay Parab for appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
Mr.Arunkumar Ghodke, Senior Estate Inspector for respondent/BMC is present.
Appellant submitted that he will file the written submissions. Hence adjourned for Written Submissions on 22.03.2022.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: CORAM - HIS HONOUR I/C PRINCIPAL JUDGE,
SHRI. A. T. WANKHEDE (C.R. No.57)
(Matter pertains to C.R. No.19)
Adv. Abhay D. Parab for appellant is present.
Adv. Krisha Dedhia h/f Ld. Counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha for respondent/BMC is present.
Adjourned on 20.04.2022 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Abhay Parab for appellant is present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha a/w Adv. Ruhi Hajare for respondent/BMC is present.
Mr. Arunkumar Ghodke, Sr. Estate Inspector, M-West Ward for BMC is present.
Adjourned on 23.06.2022 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: None for appellant.
Adv.Mrs. R.M.Hajare for respondent is present.
Mr. Arunkumar V. Ghodke Sr. Estates Inspector BMC is present
Matter is adj for hearing to 14/07/2022.
Next Purpose: HEARING
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Abhay D. Parab for appellant is present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present.
Mr. Arunkumar V. Ghodke, Sr. Estate Inspector, M/West Ward for BMC is present.
Adjourned on 03.08.2022 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Ld. counsel Mr. Zubin Dalal a/w Adv. Abhay Parab for appellant present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Krisha Dedhia, Adv. Som Sinha and Adv. Vidya Vyavhare for respondent/BMC present.
Adjourned on 25.08.2022 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Abhay D. Parab for appellant present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Vidya Vyavhare and Adv. Krisha Dedhia for respondent/BMC present.
Mr. Arunkumar V. Ghodke, Senior Estate Inspector, M/West ward for BMC present.
Adjourned on 07.10.2022 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: CORAM - HIS HONOUR I/C PRINCIPAL JUDGE,
SHRI. R. N. ROKADE (C.R. NO.54)
(Matter pertains to C.R. No.19)
Adv. Abhay Parab for appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
Mr. Arunkumar V. Ghodke, Senior Estate Inspector, M-West Ward for BMC is present.
Adjourned on 10.11.2022 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Ld counsel Mr. Zubin Dalal i/b Adv. Abhay Parab for appellant present.
Adv. Som Sinha a/w Adv. Ruhi Hajare for respondent/BMC present.
Mr. Arunkumar Ghodke, Senior Estate Inspector, M/West Ward for BMC is present.
Adjourned on 01.12.2022 and 02.12.2022 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Ld. counsel Mr. Zubin Dalal a/w Adv. Abhay Parab for appellant is present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha, Adv. Gajanan Giri and Adv. Krisha Dedhia for respondent/BMC present.
Heard final arguments of Ld. Counsel Mr. Dalal for appellants.
Adjourned on 02.12.2022 for Arguments of Respondent.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Abhay Parab for appellant present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Gajanan Giri for respondent/BMC present.
Mrs. Pushpa Mane, Estate Officer a/w Mr. Arunkumar V. Ghodke, Sr. Estate Inspector, M/West Ward for BMC present.
Heard final arguments of Ld. Counsel Mr. Vyas for respondent/BMC partly.
Adjourned on 07.12.2022 for Further Arguments of Respondent.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Ld. counsel Mr. Zubin Dalal a/w Adv. Abhay Parab for appellant present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Vidya Vyavhare for respondent/BMC is present.
Mrs. Pushpa Mane, Estate Officer a/w Mr. Arunkumar V. Ghodke, Sr. Estate Inspector, M/West Ward for BMC present.
Adv. Vidya Vyavhare adopted arguments advanced by Ld. Counsel Mr. Vyas in Misc. Appeal No.152/18.
Counsel for appellant wants to file SLPIA preferred by the respondents. Permission granted without the annexures as annexures are already part of record.
Adjourned on 20.12.2022 for Judgment.
Earlier order, if any, to continue till next date.
Court is on training from 09.12.2022 to 17.12.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Abhay Parab for appellant is present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Som Sinha a/w Adv. Gajanan Giri for respondent/BMC is present.
Mrs. Pushpa Mane, Estate Officer a/w Mr. Arunkumar V. Ghodke, Sr. Estate Inspector, M/West Ward for BMC present.
Adjourned on 21.12.2022 at 03.00pm for Judgment.
Earlier order, if any, to continue till next date.
Next Purpose: JUDGMENT
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Abhay Parab for appellant present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri, Adv. Som Sinha and Adv. Vidya Vyavhare for respondent/BMC present.
Mrs. Pushpa Mane, Estate Officer a/w Mr. Arunkumar V. Ghodke, Sr. Estate Inspector, M/West Ward for BMC 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 to vacate the premises till 28/02/2023 subject to appellant filing an undertaking before this Court within 4 weeks from today that the appellant is in physical occupation of the premises and that appellant will not create any third party interest in the said property and further appellant will honour the order of the learned Enquiry Officer on its attaining finality.
3. If the above undertaking is not filed within the stipulated period, the execution can be proceeded with.
4. In view of dismissal of the appeal, nothing survives in Misc. Application No.32 of 2018 for restoration of possession and same stands dismissed.
5. Record and Proceeding be returned to the Respondent No.2/BMC.
Nature Of Disposal: DISMISSED
Disposal Date: 21-12-2022
