Date: 06-09-2018
Business: Resumed.
Adv. Shaikh for plaintiff, Adv. Rawade for MCGM and Mr. Ibrahim Abdul C.A. of applicant are present.
Adv. Shaikh for plaintiff filed reply to Ch/s.
Adjd for Ch/s argument to 11.10.2018.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 11-10-2018
Date: 11-10-2018
Business: Resumed.
The P.O. is on leave.
Adjd for CH/s arguments to 30.10.2018.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 30-10-2018
Date: 30-10-2018
Business: Resumed.
The P.O. is busy in passing judgment in Suit No. 577/2012 and recording evidence in sessions case no. 260/2017 and hearing ad-interim in Suit No. 1250/2009, 2811/2018 and 2830/2018.
For want of time the board is discharged.
Adjd for Ch/s arguments to 06.12.2018.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 06-12-2018
Date: 06-12-2018
Business: Resumed.
None for plaintiff. Adv. Ravade for MCGM is present.
Adjd for Ch/s arguments/dismissal orders to 15.01.2019.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 15-01-2019
Date: 06-12-2018
Business: Resumed.
None for plaintiff. Adv. Ravade for MCGM is present.
Adjd for Ch/s arguments/dismissal orders to 15.01.2019.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 15-01-2019
Date: 15-01-2019
Business: Resumed.
Adv. Babita Malik for plaintiff and Adv. Ravade for MCGM are present.
C.A. of the applicant Mr. Ibrahim Abdul Kadar Mansoori is present. He submits that there are typographical mistakes in the page no. 4 and 26 of the Ch/s. According to him at line no. 3 the words Jamiat Ahlehadees educational society and at page no. 26 at line no. 6 the word trust are mistakenly type written and the same are required to be deleted. Prima facie the applicant is not related with any trust or educational society. Therefore, the applicant is permitted to delete the aforesaid words from respective page nos. 4 and 26.
According the C.A. of applicant has carried out correction.
Heard, the C.A. of applicant Mr. Ibrahim Abdul Kadar Mansoori in person and Adv. Kazi for plaintiff.
Adv. Ms. Ravade submitted to the orders of this Court.
Mr. Ibrahim submitted that the plaintiff is using public road for keeping tables and chairs for his hotel business and thereby obstructing the applicant as well as various shop keepers in that area. According to him, the area of the shop is very small. It causes harassments to the public at large. He relied on the documents, photographs filed with chamber summons and submitted that a criminal case is also pending against the plaintiff. In reply advocate Kazi for plaintiff submitted that the applicant is residing 2-3 km. away from the shop. According to him, the applicant and the plaintiff are not on talking terms. On the contrary the applicant is harassing all the shop keepers in that area. In reply Mr. Ibrahim submitted that the applicant is using the said public road every day and is facing obstruction.
Considering rival submissions, copies of documents and affidavits placed on record it appears that the plaintiff has filed a suit for declaration that action for canceling the license is illegal and unlawful and further for direction to restore the license etc. Plaintiff\''s license has been canceled on the ground of violation of various conditions. Thus, the scope of matter in dispute is restricted to the legality and vires of the order of revocation of license.
The dispute raised by the applicant pertains to a different cause of action and nature and he may seek its redress by taking action permissible under law. For that redress his presence is not necessary or proper in the present suit. The presence of applicant is not necessary for complete and effective adjudication of the matter in controversy in this suit. Moreover, the decision of this suit will not bind the applicant in any way. If the plaintiff is obstructing the public at large or applicant in particular, he may take necessary action against the same permissible under law. Therefore, the following order is passed
ORDER
1. The chamber summons no. 1438 of 2018 is dismissed.
2. Parties to bear their own costs of the chamber summons.
Adjd for arguments of N/M to 29.01.2019
Next Purpose: NM ARGUMENTS
Next Hearing Date: 29-01-2019
Date: 29-01-2019
Business: Resumed.
Adv. Ms. Shaikh with plaintiff and Adv. Ravade for MCGM are present.
Adv. Shaikh seeks time on the ground that Adv. Kazi is not keeping well. Time is granted as last chance.
Earlier order if any to continue till the next date.
Adjd for NM arguments to 28.02.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-02-2019
Date: 28-02-2019
Business: Plaintiff present. Adv.Shaikh Harshi for plaintiff present.
Adv. Rawade for defendant no. /MCGM present.
Adjournment application filed by adv. of plaintiff. Time granted as a last chance.
Earlier order if any to continue till the next date.
Matter adjd. to 12.3.19 for NM Arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-03-2019
Date: 12-03-2019
Business: Adv. Kazi for plaintiff present.
Adv. Rawade for defendant no. /MCGM present.
The Ld. Adv. for the plaintiff seeks time to arguments. Time granted.
Matter adjd. to 28.3.19 for NM Arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Plainiff present. Adv.absent.
Adv.Smt.Rawade for defendant/MCGM present.
Adv.had moved an application pointing out he is ill.
O-Granted.
Matter adjd to 11.04.2019 for NM Argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 11-04-2019
Date: 28-03-2019
Business: Plainiff present. Adv.absent.
Adv.Smt.Rawade for defendant/MCGM present.
Adv.had moved an application pointing out he is ill.
O-Granted.
Matter adjd to 11.04.2019 for NM Argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 11-04-2019
Date: 11-04-2019
Business: Adv.Babita Malik for plaintiff present.
Adv.Smt.Rawade for defendant/MCGM present.
KB
LO
Adv.Mr.M.H.Kazi for plaintiff present.
Adv.Smt.Rawade for defendant/MCGM present.
Heard both the sides on NM Order.
Matter adjd to 20.04.2019 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: None for plaintiff.
Adv.Smt.Rawade for defendant/MCGM present.
Regular Steno is absent.
Matter adjd to 25.04.19 for Oder on NM.
Next Purpose: NM ORDERS
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: Adv. M. H. Kazi for plaintiff
Adv.Rawade for defendant/MCGM present.
FRSR the following order is passed.
Order on NM No.
Notice of motion no. 2428/2018 is dismissed.
Adv. of plaintiff filed list of document.
Matter adjd to 16.07.19 for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: PO is on training program at Uttan
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-08-2019
Date: 13-08-2019
Business: PO is gone to Nagpur to attend the 17th All India Meet of the State Legal Service Authorities, hence, board discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: Adv. for defendant/MCGM present.
As Court is busy in hearing arguments in suit nos.585/2012, 2456/19 and 3867/2007, recording evidence in Suit no.625/2010, passing orders and other misc. work hence, board is discharged.
Matter adjd to 17/10/2019 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Adv. Rohit Jaiswar for plaintiff present.
Adv. Mrs. Meena Dhuri for defendant / MCGM present.
N/M reply treated as W/S.
O-Say allowed to be treated as W/S.
Matter is adjd to 05.12.2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Matter is adjd to 11.12.2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Plaintiff and Adv. Absent.
Adv. Mr. Suryavanshi/Mr. Nandanwar for defendant/MCGM present.
Matter adjd to 11/02/2020 for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Plaintiff and advocate absent.
Adv. Mrs. Rawade for MCGM/deft present.
Matter is adjd to 21/03/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: In view of the outbreak of Coronavirus (2019-Noov).
Hence Board is discharged.
Issues framed at Exh.11.
Matter adjourned for evidence of plaintiff to 09.07.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: None present for plaintiff.
Adv Suryawanshi/Nandanwar present for MCGM/Defendant.
Matter adjourned for RE to 28.01.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv Pratiksha Desai present for plaintiff.
None present for MCGM/defendant.
On her oral request Matter adjourned for RE to 25.02.2021.
LO at 12.15 pm.
Adv Rawade present for MCGM/defendant.
Matter adjourned for RE to 25.02.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv Rekha Chavan present for plaintiff and sought adjournment.
None present for MCGM/defendant.
Matter adjourned for evidence of plaintiff to 06.04.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Board is discharged due to covid-19 pandamic.
Matter adjourned for R/e. to. 17/06/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Adv. absent for plaintiff.
Adv Sutar present for MCGM/defendant.
Plaintiffs evidence is awaited.
Matter adjourned for RE to. 21/09/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: None present for plaintiff.
Adv. Vyavhare present for MCGM/defendant.
Matter adjourned for Plaintiff Evidence on 25-11-2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: None present for plaintiff.
Adv. Vyavhare @ Sutar for MCGM/defendant.
As plaintiff and his adv. absent
Matter adjourned for RE/order on 27-01-2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: As presiding officer is leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant present.
Plaintiff is absent. Evidence not lead. Hence matter be posted for dismissal on next date.
Matter is adjd for dismissal on 17-09-2022
Next Purpose: DISMISSAL
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant present.
FRSR the following order is passed on LC. Suit No. 2341 of 2018.
ORDER
1. L.C. Suit No.2341 of 2018 stands dismissed in default.
2. Proceedings is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 17-09-2022