Akramal Najibul Sarkar and Contemnors- Chandrakant Suryavanshi and Anr.VsMCGM

Date: 25-07-2019
Business: Adv. B. P. Shukla for plaintiff present.
Adv.Mrs. Rawade for defendant/MCGM present.
Matter adjd to 30.07.2019 for reply
Next Purpose: REPLY
Next Hearing Date: 30-07-2019

Date: 30-07-2019
Business: Adv.Mr.J.S.Yadav for plaintiff present.
Adv.Smt.Rawade for defendant/MCGM present.
With consent matter adjourned.
Matter adjd to 01.08.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: Adv.Mr.B.P.Shukla for plaintiff present.
Adv.Smt. Rawade for defendant/MCGM present.
Adv.of Plaintiff filed affidavit-in-Rejoinder t.o.r.
Copy served on today.
Earlier order if any to continue till the next date.
Matter adjd to 08.08.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Adv.J.S.Yadav for plaintiff present.
Adv.Meena Dhuri for defendant/MCGM present.
Earlier order if any to continue till the next date.
As Court is busy in dictating judgment in SC 774/2013, hence, board discharged.
Matter adjd to 22.08.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: Adv.J.S.Yadav for plaintiff present.
Adv.Smt. Rawade for defendant/MCGM present.
Earlier order if any to continue till the next date.
Ld.Adv.for the defendant objects for adjournment.
Matter adjd to 03.09.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-09-2019

Date: 03-09-2019
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Business: Plaintiff and Adv. Mr. Shukla present.
Adv. Mrs. Rawade  for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 21/09/2019 for say on both ch/s.
Next Purpose: ORDER
Next Hearing Date: 21-09-2019

Date: 21-09-2019
Business: Plaintiff and Adv. Mr. Yadav present.
Adv. Mrs. Rawade  for defendant/MCGM present and
seeking time for filling reply. Granted time.
Earlier order if any to continue till the next date.
Matter adjd to 01/10/2019 for reply on both ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Plaintiff absent and Adv. Mr. B. P. Shukla present. Adv. Mrs. Rawade for defendant/MCGM present. Heard both sides. Matter adjd to 03/10/2019 for order on ch/s.
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Business: Plaintiff and Adv.  present.
Adv. Mrs.Dhuri/Rawade for defendant/MCGM present.
F. R. S. R. following order is passed on Chamber Summons no.862/2018.
                                    O R D E R
1) The chamber summons no.862/2018 is allowed.
2) The plaintiff to carry out the amendment in the plaintiff within 14 days from the date of order.
3) The chamber summons stands disposed off accordingly.
F. R. S. R. following order is passed on Chamber Summons no.1093/2018.
                                    O R D E R
1) The chamber summons no.1093/2018 is allowed.
2) The plaintiff to carry out the amendment in the plaintiff within 14 days from the date of order.
3) The chamber summons stands disposed off accordingly.
Matter adjd to 07/11/2019 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Plaintiff absent and Adv. Mr. Yadav present.
Adv. Mrs. Rawade  for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 16/11/2019 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: Plaintiff and Adv. Absent.
Adv. Mrs. Dhuri/Rawade  for defendant/MCGM present.
Matter adjd to 21/12/2019 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-12-2019

Date: 21-12-2019
Business: Adv. J. S. Yadav for the Plaintiff present.
Earlier order if any to continue till the next date.
Matter is adjd to 30.01.2020 for For taking steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Plaintiff and advocate are absent.
Adv. Mr. Shaikh with Adv. Mrs. Rawade for the defendant  MCGM  present
Matter is adjd to 31/03/2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-03-2020

Date: 31-03-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: covid  19 adj
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-07-2020

Date: 21-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-09-2020

Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: None present for plaintiff.
Adv  Mr. Nandanwar/Suryawanshi present for defendant/MCGM .
Matter adjourned for W/s. to 08/01/2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: None present for plaintiff.
Adv Nandanwar/Suryawanshi present for MCGM/defendant.
Matter adjourned for WS to 05.02.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Adv S. K. Shah present for plaintiff
Adv  Soran present for defendant/BMC
Matter adjourned to 18/03/2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: None present for plaintiff.
Adv. Rawade present for MCGM/defendant and treated reply as WS at Exh.8.
Issues framed at Exh.9.
Matter adjourned for RE to 06.05.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-05-2021

Date: 06-05-2021
Business: Due to covid-19 matter adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Business: As presiding Officer is on leave, hence board is discharged so matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: As presiding officer is on leave, hence matter is adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: Presiding officer is on leave, hence matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: None present for plaintiff.
Adv. Sutar present  for MCGM/defendant.
It appears that, since long matter is kept for evidence of plaintiff. However, plaintiff failed to adduce evidence till date.
As the plaintiff and his advocate are absent.
Matter adjourned for dismissal order to. 10/02/22.
Next Purpose: DISMISSAL
Next Hearing Date: 10-02-2022

Date: 10-02-2022
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.
Matter is adjd.
Next Purpose: DISMISSAL
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
Next Purpose: DISMISSAL
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
The record shows that NM No. 1917/2018 as well as contempt NM No.2773/19 are pending for hearing. However the Plaintiff is absent since many dates. The matter is very old and the Motions are required to decided expeditiously so that the suit can be decided on merit in a speedy way. The Plaintiff is directed to appear on next date without fail otherwise necessary order will be passed.
Matter is adjd for necessary order on 26-07-2022
Next Purpose: ORDER
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: As court is busy.
Next Purpose: ORDER
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
Plaintiff failed to appear and proceed with the matter. Hence, it be posted for dismissal on next date.
Matter is adjd for order on 01-11-2022
Next Purpose: ORDER
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: None   Present For Plaintiff.
Adv. Vyavhare @ Sutar present for MCGM/Defendant..
Matter adjourned for dismissal on 22-11-2022.
Next Purpose: DISMISSAL
Next Hearing Date: 22-11-2022

Date: 22-11-2022
Business: As Court is busy in order dictating in matters i.e. Suit No. 2593 of 2010, Suit No. 3163 of 2018 and Stamp No. 12271 of 2022. Hence want of time board is discharged.
Matter is adjd for  dismissal on 17-01-2023
Next Purpose: DISMISSAL
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: P.O. is on leave. Hence, matter is adjd.
Next Purpose: DISMISSAL
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: As court is on leave. Hence matter adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: Adv Yadav h/f Adv B .P. Shukla for Plaintiff present.
Adv Seena Rawade for defendant /MCGM  present.
On oral request made by advocate for plaintiff short adjournment is granted as a last chance.
Matter is adjd for dismissal  on 20-06-2023
Next Purpose: DISMISSAL
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: None for Plaintiff.
Adv. Mrs. Rawade for MCGM present.
It appears from the record that by an order dtd. 30.06.2022, it was directed to the plaintiff to appear on next date on the ground that matter is very old and motions are required to be decided expeditiously.  However, thereafter, several chance are granted  by keeping the matter time to time for passing dismissal order.  however, no body stand up for an on behalf of plaintiff.  It reveals that the plaintiff is not interested to proceed with the matter, therefore, inspite the NM No. 1917/18 was taken out/registered in May 2018, no steps are taken to proceed with the same.  Hence, NM No. 1917/2018 stands dismissed in default.
Matter be kept for dismissal of contempt NM No. 2773/19.
Matter is adjd to 03.08.2023 for dismissal of NM NO. 2773/19.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 03-08-2023

Date: 03-08-2023
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Matter is adjd  to  17.10.2023 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Matter is adjd  to 21.10.2023 for  NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Today also plaintiff and his advocate are absent. Perusal of record reveals that on 20.06.2023, NM No. 1917/2018 was dismissed in default and matter was further kept for dismissal of contempt NM No. 2773/2019. Therafter on 03.08.2023 and 17.10.2023 matter adjourned in the caption of NM dismissal but no steps are taken out by the plaintiff to proceed with this contempt NM. Considering all these circumstances, it reveals that the plaintiff is not interested to proceed with this contempt NM. In these circumstances, there will be no propriety by keeping this contempt NM in abeyance.
Hence, in view of these reasons contempt NM No. 2773 of 2019 stands dismissed in default.
NM No. 2773 of 2019 stands disposed off accordingly.
In this case issues are already framed below Exh. 9.
Matter is adjd  to 03.01.2024 for evidence of plaintiff.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 21-10-2023

Main Case No: SUIT/0101316/2018
Main Cnr: MHCC010062552018
Main Filing No: 111447

Filing Number: 108230/2019
Filing Date: 24-07-2019
First Hearing Date: 25th July 2019
Decision Date: 21st October 2023
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE