Date: 28-06-2018
Business: Adv.Mr. Ravindra Singh h/f Adv. Mr. Bipin Joshi for Plaintiff present and tendered original N/m No.2302/18.
Adv. Ms. Tadavi for defendant / BMC present.
Adjd. to 19.07.2018 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-07-2018
Date: 19-07-2018
Business: Adv. Mr. Pratap Singh for Plaintiff present.
Adv. Ms. Tadavi for defendant / BMC present.
O - Earlier order to continue till next date.
Adjd. to 16.08.2018 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-08-2018
Date: 16-08-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2018
Date: 25-09-2018
Business: Adv. for plaintiff present.
Adv. Kamble h/f Adv. Vyawahare for defendant no. / BMC present.
Adv. Chorasiya for applicant present and filed draft chamber summons.
O- Leave granted to register chamber summons.
Copy served to other side.
Earlier order, if any, to continue till next date.
Matter adjd. to 22.11.18 for NM and Chs Reply.
Next Purpose: REPLY
Next Hearing Date: 22-11-2018
Date: 22-11-2018
Business: Adv. Ms. D\\\''sa for Plaintiff present.
Adv. Mrs. Vyavhare for Defendant/BMC present.
Adv. Ms. Megha for applicant present.
Earlier order, if any, to continue till next date.
Adjd. to 11.01.2019 for N/m hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-01-2019
Date: 11-01-2019
Business: Adv Ms.Dissa for plff present and tendered reply to ch/sum. It is TOR.
Adv Mohit Jadhav for applicant present.
Adv Mrs.Vyavhare for BMC/deft present.
Applicant is directed to tender original ch/sum on or before next date.
Earlier order, if any, to continue till next date.Adv Ms.Dissa for plff present and tendered original NM No.3702/18 alongwith affidavit in support. It is TOR.
Adv Mohit Jadhav for applicant present.
Adv Mrs.Vyavhare for BMC/deft present.
Earlier order, if any, to continue till next date.
Adjd to 22/02/2019 for NM reply.
Adjd to 22/02/2019 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2019
Date: 22-02-2019
Business: Adv. Ms. Joshi for Plaintiff is present.
Adv. Vyavahare for BMC is present.
Adv. Ms. Chourasiya for applicant is present and tendered registered Ch/s No. 1788/2018 with affidavit.
Earlier order, if any, to continue till next date.
Adjd to 26.03.2019 for Ch/s rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 26-03-2019
Date: 26-03-2019
Business: Adv. Mr. Bipin Joshi for Plff present.
Adv. Mrs. Vyavhare for MCGM/deft present.
Adv. Mr. Mohit Jadhav for applicant present and tendered rejoinder in Ch/s. Copy is served to otherside.
Earlier order, if any, to continue till next date.
Adjd to 18/6/2019 for Ch/s rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 18-06-2019
Date: 18-06-2019
Business: Adv. R. L. Singh for plaintiff present.
Adv. Khandagle for Deft./MCGM present.
None for applicant.
On oral request of ld adv for def, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 07.08.2019 for Ch/s rejoinder/hearing.
Next Purpose: REJOINDER
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: Adv. D''sa for plaintiff present.
Adv. Megha for applicant present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for applicant, adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 14.10.2019 for Ch/s/NM hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: HEARING
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Adjd to
Next Purpose: HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: Adv. Bipin Joshi for Plff present.
None for Defendant.
None for applicant.
Earlier order, if any, to continue till next date.
Matter adjd to 14/08/2020 for ch/s hrg.
Next Purpose: HEARING
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: None for plaintiff.
Adv. Ms. Hazare h/f Adv.Khandagale for deft /MCGM present.
None for applicant.
Earlier order, if any, to continue till next date.
Matter adjd to 17/02/2021 for Ch/s Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: (Matter pertains to C.R.No.8)
Adv. Ms Ankita Jain h/f Adv Bipin Joshi for plaintiff present.
Adv. Khandagale for deft/MCGM present.
None for applicant.
Earlier order, if any, to continue till next date.
Matter adjd to 26/03/2021 for ch/s hrg.
Next Purpose: C/S HEARING
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Earlier order, if any, to continue till next date. Matter adjd to 18/06/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: Due to Covid-19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Adv Sahil Ansari h/f Adv B.P. Joshi for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
None for applicant.
Earlier order, if any, to continue till next date.
Adjd. To 24/09/2021 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv Sakshi Agrawal h/f Adv Bipin Joshi for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv Gayatri Kumar h/f Adv Mohit Jadhav for applicant present and requests for time to argue on Ch/s. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 25/10/2021 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv. Vedanshi Shah h/f. Adv. Mr. Bipin Joshi for Plaintiff is present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and given say on Ch/s. No. 1788/2018 itself.
Adv. Ms. Chourasiya h/f. Adv. Megha Shigwan for applicant present and seeks time to argue on Nm. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter is adjd to 13/12/2021 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Adv Bipin Joshi for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv Kajal Chaurasiya for applicant present.
Heard both sides on Ch/s NO.305/2018.
Earlier order, if any, to continue till next date.
Adjd. To 15/12/2022 for order on Ch/s NO.305/2018.
Next Purpose: C/S HEARING
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv Priya Laud h/f Adv Bipin Joshi for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv Kajal Chaurasiya for applicant present.
K.B.
L.O. at 4.45 p.m.
Adv Priya Laud h/f Adv Bipin Joshi for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adv Kajal Chaurasiya for applicant present.
As Court is busy in hearing urgent ad-interim reliefs in other matters, hence this matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. To 18/12/2022 for ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: None for plaintiff. Adv. Mrs. Tondwalkar for Defendant/MCGM is present. Adv Kajal Chaurasiya for applicant present. K.B. L.O. Adv. Mrs. Tondwalkar for Defendant/MCGM is present. Adv Kajal Chaurasiya for applicant present. ORDER ON CHAMBER SUMMONS NO.1788 OF 2018 Perused Chamber Summons, affidavit in support thereof, Heard both the advocates at length. Applicant by filing this Chamber Summons prayed that the plaintiff is directed to join the applicant as a party defendant in the suit. The advocate for the applicant submitted that the applicant is residing adjacent to the suit property. The plaintiff has carried out unauthorized construction and the same is pointed out to the MCGM. If the unauthorized structure would be collapse the entire building even structure of the applicant will also collapse therefore, he is a necessary party to the suit. Applicant has made various complaints to the defendant / MCGM but the plaintiff and the defendant in collusion not representing the true and correct facts. It is alleged by the advocate for the applicant that the decision of the suit affects on the right of this applicant. The outcome of the suit will directly affect the interest of the applicant be adjacent, occupier and tenant of the plaintiff. In this respect the plaintiff relied on the decision in the case of Arun R. Singh and Anr. V/s. MCGM Writ petition 14207 of 2018. The advocate for the plaintiff submitted that the applicant is one of the tenant of the plaintiff and he is having habit of logging the frivolous complaints. The dispute between the applicant and the plaintiff is pending in this Court regarding the shop No.2. It was decreed and its appeal is pending before the Honble High Court. Here in this case the notice issued u/s 53(1) of MRTP Act, is challenged by the present plaintiff therefore, it is a matter in between the plaintiff and the defendant / MCGM therefore, plaintiff is neither necessary party nor a proper party. In this respect the advocate for the plaintiff relied on the decision in the case of Deju Somaya Salian V/s MCGM in Writ Petition No.7123/2018. The advocate for the plaintiff further relied on the decision in the case of Mohamed Hussain Gulam Ali Shariffi V/s. MCGM and Others in Civil Appeal No. of 2016 (Arising Out of SLP (c) No.35321 of 2016. Perused Chamber Summons, reply filed by the plaintiff. Heard both the advocates at length. On going through the record, it reveals that the plaintiff is a registered partnership firm known as Natraj Cinema. The plaintiff filed on record the document which shows that the applicant made various complaints against the plaintiff. The defendant/ MCGM conducted hearing and passed the order and it is also filed on record by the plaintiff. It shows that there is a serious dispute in between the plaintiff and the applicant and because of it matter is also pending in between them. Here in this case the fact in issue that whether plaintiff has constructed unauthorized structure, whether notice issued by the defendant / MCGM is legal or not. It is come on record that plaintiff is the owner of the suit premises. It is also admitted that the shop of the applicant is adjacent to the suit premises. The contention of the applicant that plaintiff and defendant / MCGM join hands with each other did not demolish the unauthorized structure and if it is collapse or fallen down, he will suffer the loss. So whether construction is authorized or not, whether it is to be demolish or not, is the authority of the Municipal Commissioner. Considering the submission of the applicant in my opinion he is not a necessary party to the suit. In his absence suit could be proceeded and finally decided. Therefore, the reliance place on record by the applicant of the orders of the Hon&#039ble Supreme Court is of no assistance to the applicant. Necessary party is a person without his presence neither the suit can be proceeded nor the relief can be granted. Here in this case applicant not brought on record sufficient material to allow the chamber summons. Considering this, I pass the following order - O R D E R 1. The prayer clause (a) in Chamber Summons No.1788/2018 is rejected. 2. The Chamber Summons No.1788/2018 is disposed off accordingly. Earlier order, if any, to continue till next date. Adjd. To 15/02/2022 for NM hearing.c
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv Vedanshi Shah for plaintiff present and requests for time to argue on NM.
Time is granted till next date.
Adv Mrs Rawade for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. to 23/03/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv Vedanshi Shah h/f Adv Bipin Joshi for plaintiff present and requests for time to argue NM. Time is granted till next date.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 27/04/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Adv. Sakshi Agarwal h.f. Adv. Bipin Joshi for Plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 01/07/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Adv. Sakshi Agarwal h/f Adv. Bipin Joshi for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
On perusal of record, it appears that N/M reply cum W/S is already on record, today said W/S is marked as Exh. 2.
On oral request of Adv. for plaintiff to argue on N/M, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. to 05/08/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. Bhavesh Joshi for plaintiff present and submitted that similar two matters at Sr. No. 48 (Suit No. 1755/2018) and Sr. No. 49 (Suit No. 2530/2018) are pending for reply to N/M. Therefore, this matter be adjourned till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 22/08/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Sakshi Agarwal h.f. Adv. Bipin Joshi for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 21/09/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Adv. Bipin Joshi for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 07/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: Adv. Bhavesh Joshi h/f Adv. Bipin Joshi for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
K.B.
L.O.
Adv. Sakshi Agarwal h/f Adv. Bipin Joshi for plaintiff present.
Adv. for deft./ BMC has tendered N/M reply cum W/S, TOR and marked as Exh.2. Copy is supplied to other side.
Earlier order, if any, to continue till next date.
Adjd. to 25/11/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Adv. Bhavesh Joshi h/f Adv. Bipin Joshi for plaintiff present and requested time to argue on N/M. Time is grated till next date.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 14/12/2022 at 12.30 p.m. for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Adv. Bipin Joshi for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Heard Adv. for plaintiff on N/M No.2302/2018.
K.B.
L.O.
Adv. Bhavesh Joshi for plaintiff present.
Rest of the same appearance.
On oral request of defendant/ BMC, matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. to 06/01/2023 at 01.00 p.m. for hrg. on N/M No.2302/2018 by defendant/ BMC.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2023
Date: 06-01-2023
Business: CORAM H.H.J. SMT A. H. KASHIKAR (COURT ROOM No.5) IN-CHARGE OF COURT ROOM No.4
Matter pertains to Court Room No.04.
Adv. Mr. D\''silva for plaintiff present
None for D/1, 4 and 5 BMC
Adv. Mr. Abhijit Tirlotkar for D/2, 3/A, 3/B and 7 present
Earlier order, if any, to continue till next date.
Adjd. to 1/2/2023 for N/M and C/S hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: Wrongly on board.
Already adjd. to 15/02/2023 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: Adv. Bipin Joshi for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested time to argue N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 01/03/2023 for N/M hrg. by deft/ BMC.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: Adv. Gadatra h/f Adv. Bipin Joshi for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
K.B. for N/M hrg. by deft/ BMC.
L.O.
Adv. Bhavesh Joshi for plaintiff present.
Mr. Sudhakar Chavan, Senior Engineer, M-west ward, BMC is present.
Rest of the same appearance.
Heard Adv. for deft/ BMC on N/M.
Earlier order, if any, to continue till next date.
Adjd. to 10/03/2023 for reply argument by plaintiff.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: Adv. Bipin Joshi for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
K.B.
L.O.
Same appearance.
Heard both sides on N/M.
Earlier order, if any, to continue till next date.
Adjd. to 12/04/2023 for N/M order.
Next Purpose: NM ORDERS
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: Adv. Sakshi Agarwal h.f Adv. Bipin Joshi for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Due to paucity of time, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. to 28.04.2023 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: Adv. Siddhant Singh h.f Adv. Bipin Joshi for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
As court is busy in hearing final argument, dictating C/S orders and ad-interim hearing, due to paucity of time, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. to 09.06.2023 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: Adv. Sakshi Agrawal I/b Adv. Bipin Joshi for plaintiff submitted that Advocate for corporation supposed to take instruction from office. However, Adv. Shri. Suryavanshi for defendant/ BMC is submitted that argument of the parties are concluded and matter be kept for order.
As court is busy in hearing urgent ad-interim, hence due to paucity of time matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. to 21.06.2023 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Business: Advocate Sakshi Agrawal h/f Bipin Joshi for plaintiff present.
Advocate Suryavanshi for defendant/BMC present.
Court busy in hearing in NM No. 4517/2022 and NM 717/2018. matter adjourned for NM Order
Earlier order, if any, to continue till next date.
Adjd to 01.07.2023 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 01-07-2023
Date: 01-07-2023
Business: Advocate Sindhu kanojia h/f Bipin Joshi for plaintiff present
Advocate Suryavanshi for defendant/BMC present.
As Court busy in dictating order in High Court Time bound NM No. 884/2014 and ad-interim hearing in SU NO. 1344/2023, matter adjourned for NM order.
Earlier order, if any, to continue till next date
Adjd to 21.07.2023 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: Advocate Sakshi Agarwal h/f.Adv.Bipin Joshi for plaintiff present.
Advocate Suryavanshi for defendants/BMC present.
Earlier Order, if any, to continue till next date.
Adjd to 05/08/2023 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: 1. Notice of Motion No. 2302/2018 is made absolute
Nature Of Disposal: ALLOWED
Disposal Date: 05-08-2023
