Mr. Javed Ismail Kachra suit no.1318/2018VsMCGM

Date: 03-07-2018
Business: Do to heavy rain Advocate and Staff is absent Hence Board is
Discharge and Suit is Adjourned to 01/10/2018 for N.M. Reply. Earlier order to continue till next date. Advocate Mukesh Dubey for Plaintiff Present and file Original N/M no. 2288/2018 along with affidavit tor and file writ of summons.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-10-2018

Date: 01-10-2018
Business: Advocate Mr. Dubey for Plaintiff present.
Advocate for BMC/Deft present.
Advocate for applicant present and filed vakalatnama. She also filed draft chamber summons along with affidavit in support. Leave granted to register Chamber Summons.
Earlier order to continue till next date.
Case is adjourned to 31/10/2018 for reply/registered CHS.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 31-10-2018

Date: 31-10-2018
Business: Advocate Mr. Patil for Plaintiff present and filed Vakalatnama t.o.r.   He also filed draft chamber summons and contempt Notice of Motion along with affidavits in support. Leave granted.  Plaintiff is directed to serve copies of Chamber Summons and contempt Notice of Motion to other side.
Advocate Ms. Harshada Kamble for applicant present and filed registered CH/s no.1860/18 with affidavit in support t.o.r.
Advocate for BMC/Deft present.
Case is adjourned to 11/12/2018 for reply/registered Chamber Summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-12-2018

Date: 11-12-2018
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 11-01-2019

Date: 11-01-2019
Business: Adv. Ms. Pratibha h/f Adv. Ramdas Hakepatil @ Plaintiff present.
Advocate Mr. Sagar Kamble for applicant present.
Advocate for BMC/Deft present.
Heard arguments.
F.R.S.R. following order has passed -
                               ORDER
Chamber Summons No.1860/2018 stands disposed off/ dismissed.
Learned advocate for Defendant/BMC sought time to file reply to Chamber Summons no.2057/18 which is filed for bringing subsequent development on record.  Granted.
Earlier order to continue till next date.
Case is adjourned to 25/01/2019 for reply to Chamber Summons no.2057/18.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-01-2019

Date: 25-01-2019
Business: Advocate Mr. Hake Patil for Plaintiff present.
Advocate Ms. Rupam Ghosh for BMC/Deft present and submitted that, after seeking instructions from BMC officers she will file reply, however this Chamber Summons is pending since 01/12/2018, hence adjmt granted as a last chance for filing Chamber Summons reply.
Earlier order to continue till next date.
Case is adjourned to 07/02/2019 for reply to Chamber Summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-02-2019

Date: 07-02-2019
Business: Advocate Ms. Pratibha for Plaintiff present
Advocate Ms. Ghosh for BMC/Deft present and filed reply to NM t.o.r. She also filed list of documents Exh.5 t.o.r.   Learned advocate for Plaintiff submitted that, on next date Plaintiff will file rejoinder to NM reply.
Earlier order to continue till next date.
Case is adjourned to 14/02/2019 for NM rejoinder and Chamber Summons reply.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-02-2019

Date: 14-02-2019
Business: Advocate Ms. Hake Patil for Plaintiff present.
Advocate Ms. Hajare for BMC/Deft present and sought time to file reply to Chamber Summons.  Granted.
Earlier order to continue till next date.
Case is adjourned to 22/02/2019 for Chamber Summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 22-02-2019

Date: 22-02-2019
Business: Advocate Ms. Hake Patil for Plaintiff present.
Advocate Ms. Hajare for BMC/Deft present and sought time to file reply to Chamber Summons.  Adjourned.
Earlier order to continue till next date.
Case is adjourned to 02/03/2019 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-03-2019

Date: 02-03-2019
Business: None present for Plaintiff.
Advocate Ms. Hajare for BMC/Deft present and filed reply to Chamber Summons, t.o.r.
Case is adjourned to 12/03/2019 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-03-2019

Date: 12-03-2019
Business: Advocate Mr. Hake Patil for Plaintiff present.
Advocate Ms. Ghosh for BMC/Deft present and submitted that, on next date she will file reply of NM however she has already filed reply of Chamber Summons.  Learned advocate for Plaintiff submitted that, today itself he has received copy of reply of Chs and on next date he will argue Chamber Summons.  Adjourned.
Earlier order to continue till next date.
Case is adjourned to 20/03/2019 for NM reply and Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-03-2019

Date: 20-03-2019
Business: Advocate Mr. Prashant Raut h/f Adv. Hake Patil for Plaintiff present and submitted that, rejoinder to reply will be filed on next date.
Advocate Ms. Ghosh for BMC/Deft present and filed reply to NM No.2288/18 and list of documents Exh.6 t.o.r. Copy served to advocate for Plaintiff.
Earlier order to continue till next date.
Case is adjourned to 27/03/2019 for NM and Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-03-2019

Date: 27-03-2019
Business: Court is busy in dictating Judgment in suit no.920/2010 and court has to dictate Chamber Summons order in suit no.1445/17, hence case is adjourned to 10/04/2019.
Earlier order to continue till next date.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-04-2019

Date: 10-04-2019
Business: Case is adjourned to 18.04.2019 for Chamber Summons order.
Next Purpose: ORDER
Next Hearing Date: 18-04-2019

Date: 18-04-2019
Business: Plaintiff present and his advocate absent.
Advocate Ms. Hajare  for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 20.04.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 20-04-2019

Date: 20-04-2019
Business: Plaintiff present and his advocate is absent.
Advocate Ms.Tondawlakar h/f adv. Hajare for defendant/MCGM present.
FRSR following order is passed
                    ORDER
1. Chamber Summons no. 2057/18 is made absolute in terms of prayer clause (a).
2. Plaintiff shall carry out the amendment in the plaint at the earliest and within two weeks from today.
3. Plaintiff to serve the copy of amended plaint to the defendant and shall provide copy of amended plaint to the Court.
4. The Chamber Summons to the extent of prayer clause (b) is disposed off as not prays.
5. The Chamber Summons to the extent of prayer clause (c) is disposed off as not maintainable with liberty to plaintiff to take out appropriate proceedings for said relief.
6. Costs in cause.
Earlier order to continue till next date.
The case is adjourned to 15.06.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2019

Date: 15-06-2019
Business: None for Plaintiff. Advocate Ms. Mhatre for defendant /MCGM present. Plaintiff has carried out amendment. However has not submitted copy of amended plaint as directed. Earlier order to continue till next date. The case is adjd. to 03.08.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-06-2019

Date: 18-06-2019
Business: By praecipe Advocate Kudalkar for plaintiff present filed vakalatnama Exh. 7 and also tendered draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion made returnable on 26.06.2019. Advocate Ms. Mhatre for defendant /MCGM present and undertakes to file reply on next date. She also undertakes to serve the reply on plaintiff well in advance. The case is adjourned to 26.06.2019 for NM reply/ hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: Advocate Kudalkar for plaintiff present filed original Notice of Motion No.2318/19 along with affidavit in support of Notice of Motion. T.O.R. Adv. Ghosh for BMC Counsel present. Earlier order to continue till next date. The case is adjourned to 02.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2019

Date: 02-07-2019
Business: None present. Only the Presiding Officer and typist are present. No other member of staff is present. Hence, board is discharged. Earlier order, if any, is continued till next date. The case is adjourned to 20.08.2019 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: By praecipe Advocate Kudalkar for plaintiff present. Advocate Mr. Giri for defendant /MCGM present. Earlier order to continue till next date. With consent, the case is preponed to 08.07.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2019

Date: 08-07-2019
Business: Advocate Kudalkar for plaintiff present. Advocate Mr. Giri for defendant /MCGM present. Earlier order to continue till next date. The case is adjourned to 12.07.2019 for NM reply and hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Business: Advocate Kudalkar for plaintiff present. Advocate Mr. Giri for defendant /MCGM present. KB LO Advocate Kudalkar for plaintiff present. Adv. Ms. Ghosh for MCGM present and filed reply on NM. TOR. Copy of NM reply given to advocate Kudalkar. Earlier order to continue till next date. The case is adjourned to 18.07.2019 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: Advocate Kudalkar for plaintiff present. Advocate Ms.Mhatre for defendant/MCGM present. KB LO at 4.00 pm, Advocate Kudalkar for plaintiff present. Adv. Ms. Ghosh BMC Counsel present. Heard advocates for both parties. Earlier order to continue till next date. The case is adjourned to 25.07.2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-07-2019

Date: 25-07-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Advocate Kudalkar for plaintiff present. Advocate Ms.Mhatre for defendant/MCGM present. Steno is not available. Earlier order to continue till next date. The case is adjourned to 14.08.2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: Advocate Ms. Pawar h/f adv. Kudalkar for plaintiff present.
Advocate Giri for defendant/MCGM present.
As Court is busy in hearing Chamber Summons in Suit no. 1650/17 and ad-interim hearing in suit no. 1961/19 and dictating Ch/s order in Suit no. 660/19 also in hearing other matters on board. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 22.08.2019  for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: Advocate Kudalkar for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present.
As Court is busy in hearing Notices of motion in suit no. 850/13,1708/13,also in ad-interim hearing and dictating order in suit no.2284/19 and in other matters on board. The case is adjourned.
The case is adjourned to 28.08.2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: Advocate Kudalkar for plaintiff present.
Advocate Ms. Ghosh for defendant/MCGM present and sought time to take instructions about the photograph produced by the plaintiff. Time is granted.
The case is adjourned to 29.08.2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: Advocate Kudalkar for plaintiff present.
Advocate Ms. Ghosh BMC Counsel present and, on instructions, submitted that the photograph tendered by the plaintiff is of old premises.
Earlier order to continue till next date.
The case is adjourned to 04.09.2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-09-2019

Date: 04-09-2019
Business: As Court is busy in dictating Judgment in suit no. 3206/09 and also in hearing arguments in suit no. 4994/12. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 07.09.2019  for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-09-2019

Date: 07-09-2019
Business: Advocate Kudalkar for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 13.09.2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Advocate Kudalkar  for plaintiff present.
Advocate Ms. Mhatre  for defendant/MCGM present.
Order on NM no. 2318/19 is partly dictated.
Earlier order to continue till next date.
The case is adjourned to 16.09.2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Advocate Kudalkar for plaintiff present.
Advocate Ms.Ghosh for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 30.09.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: Advocate Jain h/f adv. Kudalkar for plaintiff present and sought time on the ground that his senior has gone to native place for personal reason. Time is granted.
Advocate Giri for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 15.11.2019  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Adv. Mr. Darshan Jain h/f Kudalkar for plff. Present.
Adv. Ms. Ghosh for deft/MCGM present
Due to paucity of time, it is adjd.
Matter is adjd. for NM hearing on 27.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Adv.Mr. Kudalkar for Plaintiff present.
Adv. Ms.Ghosh for deft./MCGM present.
Earlier order to continue till next date.
Matter is adjd.for NM hearing on 07.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Adv. Mr. Darshan Jain h/f adv. Kudalkar for plff present.
Adv. Mrs. Ghosh for deft./MCGM present.
Not possible to reach.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing on 20.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: Adv. Ms. Vaibhavi Pawar h/f adv. Kudalkar for plff., prayed for adjd as client is not present due to \''Corona restriction\''.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing on 24.07.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2020

Date: 24-07-2020
Business: adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021

Date: 02-02-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Due to surge in Covid-19, on 16.04.2021 declared as holiday. Hence, matter is adjourned to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Business: Due to covid-19 matter adjourned to next date
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. Darshan Jain for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM Hearing to 20.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey for plaintiff present.
APP Ghosh for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM Hearing to 06.12.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Mukesh Dubey for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM hearing to 31.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2022

Date: 31-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 11.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: Adv. Mr. Darshan Jain for plaintiff is present and filed application for adjournment. It is marked at Exh. 09.
O- Considering the grounds, adjourned strictly as a last chance.
Adv. Ms. Rupam Ghosah Counsel for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 17.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: PO is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. Mr. Viraj Singh h/f Adv. Kudalkar for the plaintiff is present and orally requested time for NM hearing. Time is granted.
Adv. Mr. Khandagale h/f Adv. Ghosh for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 14.10.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2022

Date: 14-10-2022
Business: Adv. Ms. Apurva h/f adv. Kudalkar for the plaintiff is present and orally requested for time to argue NM. Granted as a last chance.
Adv. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 09.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Adv. Mr. Kudalkar for the plaintiff is present. He not pressed NM No. 2288/2018 and hence, the same is disposed of as not pressed. The plaintiff is called upon to argue on maintainability of Contempt NM No. 4270/2018 along-with the suit.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for filing hearing on Maintainability of Contempt NM to 08.02.2023.
Nature Of Disposal: OTHERWISE
Disposal Date: 09-12-2022

Filing Number: 108110/2018
Filing Date: 21-06-2018
First Hearing Date: 03rd July 2018
Decision Date: 09th December 2022
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE