Bharat Welding and Boiler Repair WorkVsAssistant Engineer +1 more

Date: 27-06-2018
Business: By precipe
Advocate Mr. Thorat for Plaintiff present and filed draft NM.
Advocate Mr. Diwate for Deft./MMC present.
Officer Shri. A. B. Katgaonkar, J.E. (B and F), E ward present.
Heard both the parties.
It appears that the defendant has passed order on 29.05.2018 without considering the additional reply and documents filed by plaintiff as per the direction of this court. Hence, defendant / corporation is directed to pass fresh order considering the reply and entire documents filed by plaintiff till today.
In such circumstances earlier order dated 28.04.2018 and 29.05.2018 are set aside.
Defendant/Corporation is directed not to take coercive action till  passing the order and in case of adverse order, two weeks thereafter. Draft NM is disposed of according. It register for statistical purpose.
Plaintiff is directed to serve writ of summons and file affidavit of service.
Adjourned for writ of summon to 06.08.2018.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-08-2018

Date: 06-08-2018
Business: None present for plaintiff.
Advocate Mr. Mali for deft./MMC present.
Adjourned for writ of summons to 24.09.2018.
                                                                           Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-09-2018

Date: 24-09-2018
Business: None present for plaintiff.
Advocate Mr. Sutar for deft./MMC present.
Adjourned for writ of summons to 10.12.2018.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-12-2018

Date: 10-12-2018
Business: Advocate for plaintiff present and requested short time to file writ of summons. Time is extended.
Advocate Mr. Sutar for deft./MMC present.
Adjourned for writ of summons to 01.03.2019.
                                                                           Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-03-2019

Date: 01-03-2019
Business: None Present for the Plff.
Advocate Mr. Sutar for defendant / MMC present.
Adjourned for writ of summons on 14/06/2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: Holding Adv for plaintiff present and directed to serve writ of summons on defendant and file affidavit of service
Adv Sutar for defendant / MMC present
Adjd. to 30.8.2019 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 30-08-2019

Date: 30-08-2019
Business: P.O. is on training.
Board discharged
Matter adjourned for W/sum to 23.10.2019.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Business: None present for plaintiff.
Advocate Mr. Sutar for defendant/BMC is present.
Not serve writ of summons.
It is directed to the plaintiff to serve writ of summons. Otherwise, necessary order will be passed.
Adjourned for writ of summons to 27.11.2019.
                                                                           Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-11-2019

Date: 27-11-2019

Date: 12-02-2020
Business: None for plaintiff.
Advocate Vyavahare for defendant/BMC present.
Adjourned for Writ of Summons to 24/04/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-05-2020

Date: 15-05-2020
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: WRIT OF SUMMONS
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Business: As per office order No. 83/2020 dated 01/06/2020 matter adjourned.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-07-2020

Date: 24-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-09-2020

Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: None for plaintiff.
Advocate for defendant/BMC present.
Court busy  in hearing argument matter 352/15, urgent ad-interim hearing matter in suit no. 966/2020 and ad-interim order in suit 149/2021.
Adjourned for Writ of summons to 05-04-2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: None for plaintiff.
Advocate for defendant/BMC present.
Adjourned for writ of summons to 19/07/2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: As court is busy in recording evidence in suit no. 922/10 of DW no. 01, hence remaining board is discharged and matter is adjd. to.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: None present  for plaintiff.
Adv. Amol Diwate present for MCGM/defendant.
As plaintiff and his adv. absent,  Matter adjourned for writ of summons to. 03/12/2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: None present for plaintiff.
Adv. Soraan @ adv. Diwate  present  for MCGM/defendant.
As plaintiff and his adv. absent,
Matter adjourned for writ of summons to. 21/01/22.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-01-2022

Date: 21-01-2022
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 adjd. to
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: None for Plaintiff.
Adv Smt. Kumud Soraan for defendant/MCGM present.
Plaintiff is absent. No steps are taken to serve the defendant. Hence, matter be posted for dismissal on next date.
Matter is adjd for  dismissal on 23-08-2022
Next Purpose: DISMISSAL
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: Adv. Sawant for Plaintiff present.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
As per the Roznama dtd. 27.06.2018. It reveals that Draft NM was disposed of directing the defendants to passed fresh order considering the reply and entire denouements filed by the Plaintiff. With said directions the NM Corporation was further directed not to take coercive action till passing the order and in case of adverse order, two week thereafter. Record shows that the corporation has not filed any correspondence report on record to show the compliance of said order regarding passing fresh speaking order .Hence defendant corporation is directed to submit the report whether said speaking order is being passed or not.
Matter is adjd for  steps by deft on 11-10-2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: None for Plaintiff.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
Matter is adjd for taking steps on 03-12-2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-12-2022

Date: 03-12-2022
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-01-2023

Date: 31-01-2023
Business: As Court is busy in High Court Time Bound matter i.e. Suit No. 1246 of 2013. Hence want of time board is discharged.
Matter is adjd for steps on 16-03-2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: None for Plaintiff.
Adv. Ms. Vyavahare for MCGM present.
Last chance is granted to the plaintiff for service upon defendant.
Matter is adjd to 08.08.2023 for service.
Next Purpose: SERVICE
Next Hearing Date: 08-08-2023

Date: 08-08-2023
Business: None for Plaintiff.
Adv. Ms. Vyavahare for MCGM present.
It appears from the record that on 27.06.2018, draft NM has been disposed off by directing the defendant corporation to pass a fresh speaking order and thereafter the plaintiff is further directed to file service report of writ of summons. Hence, parties are directed to comply accordingly.
Matter is adjd  to 29.08.2023 for compliance/steps.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Perusal of roznama shows that apart from giving directions to the plaintiff to file service report of writ of summons, by an order dtd. 23.08.2022, the defendant MCGM was directed to file report of compliance regarding passing of afresh speaking order while disposing the draft NM.
  Hence, the Ld. Adv. for MCGM is directed to submit compliance report and the plaintiff is also directed to file service report of writ of summons on next date.
Matter is adjd to 16.09.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: None for Plaintiff.
None for defendant/MCGM.
Matter is adjd  to 03.11.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: The P.O. is on leave. Hence, matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-01-2024

Date: 08-01-2024
Business: None for Plaintiff.
Adv. Pradip Patil h/f Adv. Vyavahare for MCGM present.
Matter is adjd  to 30.01.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: None for Plaintiff.
Adv. Vyavahare for defendant/BMC present.
The plaintiff is directed to serve writ of summons on defendant and to filed service report on or before next date
Matter is adjd  to 21.03.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-03-2024

Date: 21-03-2024
Business: Adv. Pathak h/f Adv. Dhonde for Plaintiff present.
Adv. Vyavahare for defendant/BMC present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 27.06.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: None for Plaintiff.
Adv. Sachin Vajale for defendant/BMC present.
Matter is adjd  to 29.08.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-08-2024

Date: 29-08-2024
Business: None for Plaintiff.
Adv. Sachin Vajale for defendant/BMC present.
Matter is adjd  to 07.11.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-11-2024

Date: 07-11-2024
Business: None for Plaintiff.
Adv. Vazale present for MCGM
Matter is adjd to 07/01/2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-01-2025

Date: 07-01-2025
Business: None for Plaintiff.
Adv. Vajale for MCGM Present.
Matter is adjd  to 18-02-2025   for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2025

Date: 18-02-2025
Business: None for Plaintiff.
Adv. Sachin Vajale for defendant/BMC present.
From the record it seems that since long plaintiff is absent and failed to do compliance. Hence,matter be fixed for dismissal order on next date.
Matter is adjd  to 15.03.2025 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 15-03-2025

Date: 15-03-2025
Business: Adv. Vaibhav Kamble h/f Adv. Dhonde for Plaintiff present.
Adv. Amar Patil h/f Adv. Chaitanya Dalvi for defendant/MCGM present.
Order below Exh. 1
    Today the matter is for dismissal order and from the record it appears that since long plaintiff and defendant/MCGM both have failed to comply with the order of court Dtd. 27.06.2018 passed in draft Notice of motion. Therefore, in view of the granted sufficient opportunity to both the parties, I think it that suit deserves to be dismissed for want of compliance so accordingly in the result following order is passed -
1. L. C. Suit No. 1540 of 2018 is hereby dismissed for want of prosecution.
2. No order as to costs.
3. Bill of costs be drawn up accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 15-03-2025

Registration Number: 101540/2018
Transfer Date: 06-04-2021
From Court: 6 - COURT 06  ADDL. SESSIONS JUDGE
To Court: 5 - COURT 05  ADDL SESSIONS JUDGE

Filing Number: 108340/2018
Filing Date: 26-06-2018
First Hearing Date: 27th June 2018
Decision Date: 15th March 2025
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE