Date: 20-06-2018
Business: By precipee
Adv. Mr. Ghag for plaintiff present.
Adv. Mr. Giri for BMC / defendant no. 1 present.
Adv. Mr. P.D. Gandhi h/f Adv. Mr. AGarwal for defendant no. 2
present.
He filed vakalatnama. t.o.r. it is marked as Exh. 2.
Adv. Mr. Rohit Shettey for defendant no. 3 present.
He filed vakalatnama. t.o.r. it is marked as Exh. 3.
Advocate for defendant no. 3 filed compilation of documents.
Heard both sides.
It is submitted that on behalf of plaintiff that defendant no. 2
submitted second amended plan for sanctioning 14th floor without
the consent of plaintiff. It is further submitted on behalf of plaintiff
that plaintiff purchased flat in the suit building therefore before
carrying out any alteration and addition, it is necessary to obtain his
consent the permission under the provisions of MOF Act. Therefore,
plaintiff prayed for ad-interim injunction restraining the defendant
no. 1 from sanctioning the plan submitted by the defendant no. 2.
Heard Ld. Counsel appearing on behalf of defendant
no. 2. He submitted that suit itself is not maintainable as plaintiff
already filed one suit bearing no. 1259/18. which is pending before
court room no. 01. It is further pointed out that the parties to earlier
suit as well as to present suit are same. Moreover, present suit is not
maintainable as reliefs claimed in both the suits are identical. It is further pointed out by the defendant no. 2 that defendant no. 3 is
registered co-operative housing society. Therefore, parties are governed under the provision of Maharashtra Cooperative society Act
and not under the provisions of MOFA.
Heard Ld. Counsel for defendant no. 3. He also supported the contention made by the defendant no. 2 in respect of the maintainability of the suit. It is further submitted that the decision of construction of 14th floor has been taken by the society by following due process and by the majority. Therefore, individual members/
plaintiff cannot challenge the decision of the society.
After going through the pleadings, documents produced on record, it appears that plaintiff already filed suit bearing no. 1259/18
which is pending before court room no. 01. In the said suit corporation is not made party. However, the main grievance of the plaintiff in the said suit is in respect of amended plans. The relief
claimed in the said suit also pertains to the construction of the 14th floor. Therefore, the issues involve in both the suits are more or less
identical .
It is submitted on behalf of the plaintiff. He came to know about submissions of second amended plan at the time of argument advanced in SU no. 1259/18. However,for that purpose while passing order in the said suit the concern presiding officer gave direction to amend the plaint in respect of alleged subsequent events
brought to the notice of plaintiff. In short the relief claimed in both the suits are identical. Therefore, the question of maintainability of the suit itself needs to be decided. Hence, it is not appropriate to pass any ad-interim relief in favour of plaintiff without giving an opportunity to file reply. Therefore, the matter is adjourned for filing
reply by the defendants. The defendants are hereby directed to serve the copy of reply well in advance to the plaintiff. Considering the urgency the N/M is expedited.
Adjd to 2.7.2018 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2018
Date: 02-07-2018
Business: Adv. Mr. Pratik for Plaintiff present.
Adv. Mr. Giri for defendant no.1/ BMC
Adv. Mr. Agarwal for defendant no.2 and tendered original draft N/m. t.o.r.
Adv for plff to registered the N/m.
Adjd. to 11.07.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2018
Date: 11-07-2018
Business: Adv. Pratik for Plaintiff present and tendered original N/m No. 2788/18. T.O.R.
Adv. Mr. Giri for defendant no.1/ BMC present.
Adv. Mr. Abhiraj Sharma deft.no.2 present and tendered original N/m No. 2502/18. T.O.R.
Adv. Ms. Mhatre for deft.no.3 present.
Adjd. to 20.07.2018 for N/m hearing and reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2018
Date: 20-07-2018
Business: Adv.Mr.Amin for Plff.present.
Adv.Mr.Giri for BMC/Deft.present.
Adv.Mr.R.M.Agarwal for deft.no.2 present.
Adv.Mr.Mishra for deft.no.3 present.
Adv.for Plff. filed reply to N/m filed by deft.no.2 and 3.
Adjd.to 06.08.2018 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2018
Date: 06-08-2018
Business: Adv. Mr. Amin for plff. present.
Adv Mr.Giri for defendant/BMC present.
Adv. Mr. Agrawal for defendant no.2 present and filed W/S and
submitted that his w/s be treated as reply to the NM of Plff. IT is
TOR as Exh.4
Adv. Mr. Shetty for defendant no.3 present and filed W/S and
submitted that his w/s be treated as reply to the NM of Plff. It is TOR
as Exh.5.
Adjd. for NM hearing to 13.08.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2018
Date: 13-08-2018
Business: Adv Ghag for plff present.
Adv Giri for BMC/deft no.1 present.
Adv Rohit Shetty for deft no.3 present.
Adv Agrawal for deft no.2 present and tendered application for adjournment. It is TOR and marked as Exh.6.
Adjd to 24/08/2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2018
Date: 24-08-2018
Business: Adv Ghag for plff present.
Adv Mrs.Jyoti Mhatre for BMC/deft no.1 present.
Adv Gandhi for deft no.2 present.
Adv Rohit Shetty for deft no.3 present and filed additional affidavit. It is Tor.
Adjd to 31/08/2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2018
Date: 31-08-2018
Business: Adv. Ghag for plaintiff present.
Adv. Mhatre for defendant no.1 / BMC present.
Adv. P. D. Gandhi for deft. no 2 present.
Adv.Rohit Shetty for deft. no. 3 present.
Heard both sides.
Matter adjd. to 10.09.18 for Order.
Next Purpose: ORDER
Next Hearing Date: 10-09-2018
Date: 10-09-2018
Business: Adv.Pratik Amin for plaintiff present.
Adv. Mhatre for defendant no.1 / BMC present.
Adv. Sharmili Mhatre for deft. no. 3 present.
Adv. Hardik Desai for deft. no. 2 present.
FRSR. Following order is passed.
Order
1. Notice of motion no. 2502/18 stands rejected.
2. The plaintiff is directed to make proper valuation of the suit in relation to prayer clause (d) of the plaint and supply requisite stamp accordingly.
Matter adjd. to 19.9.18 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-09-2018
Date: 19-09-2018
Business: None for Plaintiff.
Adv. Ms Mhatre for Defendant No. 1/ BMC present.
Adv. Mr. Agarwal for defendant No.2 present.
Adv. Mr. Vora for defendant no.3 present.
Matter adjd. to 05.10.2018 for compliance.
L.O.
Adv. Mr. Pratik Amin for Plaintiff present.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-10-2018
Date: 05-10-2018
Business: Adv. Pratik Amin for plaintiff present.
Adv. Mhatre for defendant no.1 / BMC present.
Adv. Vadhava for deft. no. 2 present.
Adv. Tanvir for deft. no. 3 present.
Application for deletion of prayer clause (d) of the plaint.
O- Other side to say.
Adv. for the deft. are directed to serve copy of reply to the plaintiff well in advance so that the application can be heard on next date.
Matter adjd. to 24.10.18 for Filing say on Exh. 7 and NM hearing (Morning Session)
Next Purpose: FILING SAY
Next Hearing Date: 24-10-2018
Date: 24-10-2018
Business: Adv.Dua for plaintiff present.
Adv. Mhatre for defendant no. 1/ BMC present.
Adv. P. D. Gandhi for deft. no. 2 present.
Adv. Vora for deft. no. 3 present.
Adv. of deft. no. 3 filed say on Exh. 7.
Matter adjd. to 2.11.18 for Arguments on Exh. 7
Next Purpose: ARGUMENTS
Next Hearing Date: 02-11-2018
Date: 02-11-2018
Business: Adv Amin for plff present.
Adv Mrs.Bhoir h/f adv Mhatre for BMC/deft. no.1 present.
Adv Hardik Desai for deft no.2 present.
None for deft no.3.
K.B..
Later on..
Adv Amin for plff present.
Adv Mrs.Bhoir h/f adv Mhatre for BMC/deft. no.1 present.
Adv P.D.Gandhi for deft no.2 present.
None for deft no.3.
Heard arguments of both parties.
FRSR. the following order is passed.
Order on Exh.7 -
1. Application is allowed.
2. Plaintiff is permitted to delete prayer clause (d) of the plaint and carry out amendment in the plaint accordingly on or before next date.
Adjd to 21/11/2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2018
Date: 21-11-2018
Business: Adv. Mr. Ghag for Plaintiff present.
Adv. Mrs. Mhatre for Defendant No.1/BMC present.
Adv. Mr. Mithilesh Mishra for Defendant No.2 present.
Adv. Mr. Shetty for Defendant No.3 present.
K.B.
L.O.
Same appearances.
Heard argument Adv. for Plaintiff.
Adjd. to 30.11.2018 for argument (P.H.).
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 30-11-2018
Date: 30-11-2018
Business: Adv. Pratik Amin for Plaintiff present.
Adv. Mrs. Mhatre for Defendant No. 1/BMC present.
Adv. Mr. Rohit Shetty for Defendant No. 3 present.
Adv. Mr. P.D. Gandhi for defendant No. 2 present.
K.B.
L.O.
Adv. Pratik Amin for Plaintiff present.
Heard arguments of Adv. for Defendant No. 2
Adjd. to 01.12.2018 for Arguments of Defendant No. 3.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 01-12-2018
Date: 01-12-2018
Business: Adv. Mr.Pratik Amin for Plaintiff present.
Adv. Mrs. Vyavhare h/f Adv. Mrs. Mhatre for Defendant No.1/BMC present.
Adv. Mr. Agrawal for Defendant No.2 present.
Adv. Mr. Rohit Shetty for Defendant No.3 present.
Heard arguments of Ld. Adv. for Defendant No.3
Adjd. to 07.12.2018 at 11.00 a.m. for N/m hearing (P.H.)
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 07-12-2018
Date: 07-12-2018
Business: Adv Mr.Ghag for plff present.
Adv Mrs.Mhatre for BMC/deft. no.1 present.
Adv Mr.P.D.Gandhi alongwith adv Agrawal for deft no.2 present.
Adv Mr.Rohit Shetty for deft no.3 present.
Heard arguments of both sides.
Adjd to 21/12/2018 for order.
Next Purpose: ORDER
Next Hearing Date: 21-12-2018
Date: 21-12-2018
Business: As court is on leave today, hence Board is discharged.
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 16-01-2019
Date: 16-01-2019
Business: None present for plff.
Adv Mrs.Bhoir for BMC/deft. no.1 present
None present for deft no.2.
Adv Sharmili Mhatre for deft no.3 present.
Adjd to 25/01/2019 for NM order
Later on..
Plff present. Adv for plff absent.
Adv. P.D. Gandhi for deft. no. 2 present.
Already adjd to 25/01/2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 25-01-2019
Date: 25-01-2019
Business: None for plff.
Adv Mrs.Bhoir for BMC/deft. no.1 present.
None for deft no.2.
Adv Vora for deft no.3 present.
FRSR. The following order is passed.
Order on NM No.2488/18 -
Notice of motion No.2488/18 is dismissed with costs.
In view of dismissal of Notice of Motion No.2502 of 2018, notice of motion no.2412/18 does not survive and is disposed off.
Adjd to 13/03/2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-03-2019
Date: 13-03-2019
Business: None for Plff.
Adv. Mrs. Smita Chavan h/f Adv. Mrs. Bhoir for Deft No.1 present.
None for Deft No.2.
Adv. Ms. Mhatre for Deft No.3 present.
On oral request of advocate for Defendant No.1, adjournment granted as last chance.
Adjd to 3/5/2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Business: None for Plff.
Adv. Mrs. Bhoir for MCGM/Deft No.1 present.
None for Defts No.2 and 3.
On oral request of advocate for Defendant No.1, adjournment granted as last chance.
Adjd to 22/7/2019 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-07-2019
Date: 22-07-2019
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-09-2019
Date: 03-09-2019
Business: As P.O. is leave today, matter is adjd. till next date.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: None for plaintiff.
Adv. Mrs. D.D. Patil for Deft no. 1/MCGM present.
None for defendants no. 2 and 3
oral request by ld. Adv. for deft. no. 1 to adjourn the matter is rejected and matter is fixed for no WS order against deft. no. 1 on next date.
Adjd to 28-01-2020 for WS of deft. no. 1
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: None for Plaintiff.
Adv. Ms. Patil for MCGM/Defendant No.1 present.
Adv. Sharmili Mhatre for Defendant No.3 present.
None for Defendant No.2.
On oral request of advocate for Defendant No.1, adjournment granted to file W.S of Defendant No.1.
Adjd to 05/03/2020 for W.S by Defendant No.1/MCGM.
L.O.
Adv. Manoj Mhatre for Plainitff present.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: None for plaintiff.
Adv. Ms. Patil for MCGM/Defendant No.1 present.
None for defendante No.2
Adv. Sharmili Mhatre for defendant No.3 is present.
On oral request of advocate for Defendant No.1, adjournment granted.
Matter adjd to 25.06.2020 for filing W/S of Defendant-1.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Business: adjd. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: H.H.J. is nominated as online mediation trainer for Haryana, hence today''s board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: As Court is on leave, board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Due to Covid-19 SOP, matter is adjourned till next date.
Matter adjd to 24/06/2021 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: HHJ is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv Dua for the plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM present and requests for time to file W/s. Time is granted till next date.
None for defendant no.2.
Adv Shreya Nehta h/f Adv Rohit Shetty for defendant no.3 present.
Adjd. To 09/11/2021 for filing W/s by defendant no.1 / MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv Bhandari for plaintiff present.
Adv Smita Chavan h/f Adv Rawade for defendant no.1/ MCGM present and requests for time to file W/s.
Time is granted till next date.
None for defendant no.2.
Adv Shreya Mehta for defendant no.3 present.
Adjd. To 30/11/2021 for filing w/s by defendant no.1/ MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv. Karan Dua h.f. Adv. Pratik Amin for Plaintiff present.
Adv Mrs Rawade for defendant No.1. / MCGM present and seeks time to file W.S. Time is granted as a last chance.
Adv. Shahrukh Shaikh for Defendant No.2 present.
Adv. S.S. Mehta for Defendant No.3 present.
Matter is adjd to 15/02/2022 for filing W.S. by Defendant No.1/MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv. Karan Dua h.f. Adv. Pratik Amin for Plaintiff present.
Adv Mrs Rawade for defendant No.1. / MCGM present and seeks time to file W.S. Time is granted as a last chance.
None for defendant no.2 and 3.
Adjd. to 19/03/2022 for filing W.S. by Defendant No.1/MCGM.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: Adv. Mrs. Dua h.f. Adv. Pratik Amin for Plaintiff present.
None for Defendant No.1/MCGM, N/Ward.
None for Defendant Nos. 2 and 3.
Defendant Nos.1/MCGM failed to file W.S. within time limit. Sufficient chances were given to the defendant No.1/MCGM to file W.S on record. Last chance was granted on last date. It shows that Defendant No.1/MCGM is not interested to file W.S. Hence,
\''No say order\'' passed against Defendant No.1/MCGM.
Adjd. To 28/04/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv Panvalkar for plaintiff present.
None for defendant no.1/ MCGM (N-ward)
None for defendant no.2 and 3.
Adjd. To 18/06/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: P.O. is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Karan Dua i/b M/s Bhandari and Bhandari for plaintiff present.
Adv. Mrs. Rawade for defendant No. 1/ BMC is present.
None for deft. Nos. 2 and 3.
Draft issues not tendered by both the parties. Hence, issues are framed.
Exh. 9 - Issues are framed.
Adjd. to 04/10/2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: As Court is on half day (morning session) leave. Board is discharged and matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: Adv. Karan Dua i/b M/s Bhandari and Bhandari for plaintiff present and submitted that he has instructions that plaintiff is going to withdraw the suit hence, matter be adjourned for 2 weeks. Hence, adjourned.
None for defendant No.1/ BMC.
None for deft. Nos. 2 and 3.
Adjd. to 13/12/2022 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant No.1/ BMC is present.
Adv. Vaidehi for deft. No.2 present.
None for defendant No.3.
Issue notice of Lok-Adalat to the plaintiff and defendant No.3.
Both the parties are directed to remain present before National Lok-Adalat will be held on 11/02/2023 at 10.30 a.m.
Adjd. to 11/02/2023 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-02-2023
Date: 11-02-2023
Business: NATIONAL LOK ADALAT HELD ON 11.02.2023 (PANEL- X)
Matter pertains to CR No.04
Advocate Dua for plaintiff present and filed Withdrawal application Marked as Exh. 10
Advocate Vaidehi Olatikar h/f Rohit Shetty for defendant No.3 present.
Parties present and their advocate are present.
Advocate Seema Rawade for defendant/BMC present.
Terms of compromise / settlement
The parties have compromised and settled the dispute as per Appendix I
Plaintiff has withdrawn the suit unconditionally. Accordingly suit stands disposed off as withdrawn unconditionally. Proceeding Closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 11-02-2023
