Mrs. Zulekha Hanif KhanVsThe Asst. Municipal Commissioner +1 more

Date: 17-07-2019
Business: By praecipe
Plaintiff present.
Advocate Ansari Asgar Kalim for plaintiff present  and submitted draft notice of motion along with affidavit in support. T.O.R.
Advocate Ms. Chavan for defendant /MCGM present and filed list of documents. TOR and marked as Exh. 2
Heard advocate for both the parties.
Mr. Machindra Bhabal Jr. Engineer \''S\'' ward present.
     Officer of BMC and advocate for defendant seeks time to take instructions about the address of mobile tower mentioned in the letter dated 28.06.2019 produced with list Exh. 2.
    Considering circumstances parties to maintain status quo in respect of the tower till next date.
Authenticated copy of roznama be given to the parties.
The case is adjourned to 22.07.2019  for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: HEARING
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: Adv.Ansari for Plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
Earlier order to continue till next date.
Matter adjd to 14.08.2019 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: Advocate Ansari for plaintiff present and seeks extension of leave to register NM. Leave is extended.
Advocate Giri h/f adv. Ms. Chavan for defendant/MCGM present.
KB
LO at 5.00 pm,
Same appearance.
Earlier order to continue till next date.
The case is adjourned to 17.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: Advocate Ansari Kalim for plaintiff present original Notice of Motion No. 3239/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms. Chavan for defendant /MCGM present and submitted that matter is wrongly posted for reply.
Earlier order to continue till next date.
The case is adjourned to 23.09.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Advocate Ansari A. Kalim for plaintiff present and sought extension of time to serve writ of summons.
Advocate Ms. Chavan for defendant /MCGM present and requested to keep back the matter.
KB
LO at 4.45 pm
Same appearance.
Mr. Rajendra Gawari Jr. Engineer S ward (B and F) present.
Advocate for MCGM filed additional list of documents. TOR. and marked as Exh. 3
Heard.
Plaintiff has sought ad-interim injunction on the ground that the Mobile Tower Company has already filed regularisation application under provisions of MRTP Act. Plaintiff also seeks direction to defendant to decide regularisation application dated 20.06.2019 by Mobile Tower Company. Liberty is also sought by the plaintiff to file on-line application for regularisation.
Perusal of proceeding reveals that notice u/s 55 of MRTP Act was given on 20.04.2019.
Documents filed by defendant reveals that, in response to said notice the Mobile Tower company has moved an on-line application for regularisation of said Tower on 06.05.2019.  Defendant\''s communication to said Mobile Tower Company reveals that the regularisation proposal came to be rejected on 20.05.2019.
The plaintiff however has approached this Court without disclosing these facts.
The notice is issued on 20.04.2019.  The suit is filed on 06.07.2019.  Plaintiff had ample time to apply for regularisation. However this is not done till filing of the suit.
Considering plaintiff\''s conduct, the plaintiff is not entitle to ad-interim relief.
Advocate for plaintiff relied upon the Judgment dated 15.02.2019 of Hon\''ble Bombay High Court in Writ Petition lodging no. 500/19. Considering the circumstances of present case, with respect, I hold that the authority cited supra is not applicable to present case. Hence the order -

ORDER
1. Ad-interim relief as sought is refused.
2. Defendant to file reply to Notice of Motion.
3. Order of status quo dated 17.07.2019 is vacated.
Advocate for plaintiff filed application for stay. TOR and marked as Exh. 4
Perused. Heard.
While rejecting ad-interim relief, this Court has observed that plaintiff has prima facie suppressed material facts. The status quo granted on 17.07.2019 was on the ground that defendant was to confirm the address of Mobile Tower mentioned in letter dated 28.06.2019.  In the course of hearing today, the documents pertaining to the Mobile Tower on suit address are brought on record revealing that the regularisation application was already rejected.  In such circumstances, present application can not be considered. It is rejected.
Authenticated copy of roznama be given to the parties.
The case is adjourned to 11.11.2019  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Advocate Mr.Ansari for plaintiff present.
Advocate Mr. Chavhan for defendant/MCGM present.
Matter is adjd. for NM reply on 24.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2020

Date: 24-02-2020

Date: 15-06-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: None for plaintiff.
Adv. Tondwalkar for deft./MCGM , prayed for time to file reply.
Matter is adjd.to 04-03-2021 for NM Reply.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: None present for plaintiff.
Adv. Ms. Tondwalkar for deft./MCGM present and requested short time to file reply.
Matter is adjourned for NM reply to 20.04.21.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Due to surge in Covid-19 matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Court is Vacant. Matter adj.to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-12-2021

Date: 23-12-2021
Business: P.O. is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: Adv. Mr. Ansari for plaintiff is present.
Adv. Mr. Khandagale h/f Ms. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Adjourned for NM reply and WS to 29.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Granted strictly as a last chance.
Adjourned for NM reply and WS to 14.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: None present for plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Adjourned for NM reply and WS to 08.09.2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: None present for the plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and filed reply along-with list of documents. TOR. She is called upon to supply copy of NM reply and documents to the plaintiff.
Adjourned for NM hearing to 01.11.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: None present for the plaintiff to proceed with the matter.
Adv. J.V. Mhatre for defendant/MCGM is present.
Adjourned for NM dismissal to 22.12.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: None present for the plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
The Court is busy in other urgent matters in Court Nos. 8 and 9.
Adjourned for NM dismissal to 18.02.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: Even today, none present for the plaintiff to proceed with the suit. Hence, NM No. 3239/2019 stands dismissed in default.
Adv. Mrs. S.G. Chavan for defendant/MCGM is present.
Adjourned for WS to 13.04.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: PO is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: None present for the plaintiff.
Adv. Mrs. Smita Chavan for defendant/MCGM is present and filed pursis treating NM reply as WS. TOR. It is marked as Exhibit 05.
O- Filed. Her NM reply is treated as WS. It is marked as Exhibit 06.O- Filed.
Adjourned for draft issues to 10.08.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: None present for the plaintiff.
Adv. Khandagale h/f Adv. S.S. Chavan for defendant/MCGM is present.
Adjourned for draft issues to 05.10.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: None present for the plaintiff.
Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. The parties did not file draft issues.
Adjourned for draft issues to 07.12.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: None present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for draft issues to 06.02.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-02-2024

Date: 06-02-2024
Business: None present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for draft issues to 05.04.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-04-2024

Date: 05-04-2024
Business: None present for the plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for draft issues to 27.06.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: None present for the plaintiff.
Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant/ MCGM is present.
Adjourned for draft issues to 06.08.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-08-2024

Date: 06-08-2024
Business: None present for the plaintiff.
Mr. S.R. Yadav for defendant/MCGM is present.
Adjourned for draft issues to 08.10.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-10-2024

Date: 08-10-2024
Business: None present for the plaintiff. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present.
Adjourned for draft issues to 19.11.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-11-2024

Date: 19-11-2024
Business: None present for the plaintiff. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present.
Adjourned for draft issues to 16.01.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-01-2025

Date: 16-01-2025
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/ BMC is present. The parties have not filed draft issues.
Adjourned for draft issues to 13.03.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-03-2025

Date: 13-03-2025
Business: None present for the plaintiff to proceed with the suit. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
Adjourned for draft issues to 19.06.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-06-2025

Date: 19-06-2025
Business: None present for the plaintiff to file draft issues. Adv. Mrs. Sheetal Metakari a/w Adv. S. R. Yadav for defendant/BMC is present.
Adjourned for draft issues to 07.08.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-08-2025

Date: 07-08-2025
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/ BMC is present.
Adjourned for draft issues to 03.10.2025.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-10-2025

Date: 03-10-2025
Business: court is on leave, hence adjd. to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-11-2025

Date: 20-11-2025
Business: court is on leave, hence adjd. to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-01-2026

Date: 15-01-2026
Business: As per Officer Order No. 14 of 2026 dtd. 12.01.2026, due to BMC Election Holiday declared. Hence, matter adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-02-2026

Date: 21-02-2026
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/ BMC is present.
Adjourned for draft issues to 16.04.2026.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-04-2026

Date: 16-04-2026
Business: None present for the plaintiff. Adv. Mr. S.R. Yadav for defendant/ BMC is present.
Adjourned for draft issues to 25.06.2026.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-06-2026

Date: 25-06-2026
Business: Court is vacant.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-09-2026

Date: 15-09-2026
Business: By the order of Honorable High Court Bombay 15.09.2026 has been declared as Holiday for Bombay City Civil and Session Court
Adjd. to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-10-2026

NOTICE OF MOTION/103239/2019

Filing Number: 107436/2019
Filing Date: 06-07-2019
First Hearing Date: 17th July 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE