Mohd.Muzzamil Matin Ahmed KhanVsMCGM - Applicant - Ms Alliance Electric through - Shilpa H. Modi

Date: 16-07-2018
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 24-07-2018

Date: 24-07-2018
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 07-08-2018

Date: 07-08-2018
Business: Adv.  Mohit Jadhav for plaintiff present he submitted that the Hon\''ble High court stayed entire proceeding.
Adv. Tadavi for defendant / BMC present.
Adv. Surbhi Wadavkar for applicant present.
Adv. Kadam for applicant present.
Adv.
Earlier order to continue, if any, till next date.
Adjd. to 18.9.18 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-09-2018

Date: 18-09-2018
Reason For Adjournment: court time is over
Next Purpose: SUIT STAYED
Next Hearing Date: 22-11-2018

Date: 22-11-2018
Business: Adv. Ms. Megha for Plaintiff present.
Adv. Mrs. Kamble for Defendant/BMC present.
Adv. Mr. Vishal Jathar for applicant present.
Earlier order, if any, to continue subject to orders of Hon\''ble High Court.
Time extended to serve Writ of Summons till next date.
Adjd. to 22.01.2019 for N/m hearing.
Next Purpose: SUIT STAYED
Next Hearing Date: 22-01-2019

Date: 22-01-2019
Business: Adv Ms.Megha for plff present.
Adv Mhatre for BMC/deft. present.
Earlier order, if any, to continue till next date.
Adjd to 28/03/2019 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Business: Adv. Ms. Chaurasiya for the Plff present.
Adv. Mrs. Mhatre for MCGM/deft. present.
Adv. for Plff filed writ of summons.
Earlier order, if any, to continue till next date.
Adjd to 18/6/2019.
Next Purpose: SUIT STAYED
Next Hearing Date: 18-06-2019

Date: 18-06-2019
Business: Adv. Ms. Megha for plaintiff present.
Adv. Khandagle h/f Adv. Hajare for Deft./MCGM present.
Earlier order, if any, to continue till next date.
Adjd to 27.08.2019 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Business: (Incharge Court of C.R.No.8)
Adv. Ms. Megha Shigavan for Plaintiff present.
None for Defendants.
Earlier order, if any, to continue till next date.
Adjd to 10.10.2019 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Reason For Adjournment: court time is over
Next Purpose: SUIT STAYED
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Adv.Choursiya h/f adv.Jadhav   for plaintiff present.
Adv. Abhijeet Naik h/f Adv. Khobragade for applicant present.
Adv. Mrs. Hajare for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Adjd to 17.03.2020 for Suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: Adv. Ms. Megha Shegvan for plaintiff present.
Adv. Ms. Patil for MCGM/Defendant present.
Earlier order, if any, to continue till next date.
 Matter adjd to 26.06.2020 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 26-06-2020

Date: 26-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUIT STAYED
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUIT STAYED
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUIT STAYED
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: None for plaintiff.
Adv. Ms. Hazare for deft/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 23/02/2021 for Suit Stayed.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: (Matter pertains to C.R.No.8)
Adv. Ms. Chourasiya h/f. Adv. Mohit Jadhav for Plaintiff present.
Adv. Hajare for Defendant/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd. to 30/03/2021 for Suit Stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd. to 08/06/2021 for Suit Stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUIT STAYED
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: Due to Covid-19.
Next Purpose: SUIT STAYED
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: None for plaintiff.
Adv Smita Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 25/11/2021 for Suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Adv. Kajal Chourasiya h.f. Adv. Mohit Jadhav for Plaintiff present.
Adv Mrs Rawade h.f. Adv. Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd to 24/02/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv Gayatri kumar h/f Adv Mohit Jadhav for plaintiff present.
Adv Mrs Rawade h/f Adv Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. to 12/04/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Adv Chaurasiya h/f Adv Kamal Chowdhari Mohit Jadhav for plaintiff present.
Adv Mrs Smita Chavan for defendant / MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 21/06/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv. Chaurasiya for plaintiff present.
Adv. Mrs. Smita Chavan for defendant/ MCGM is present.
Adv. Vrushabh Jain for applicant present.
Earlier order, if any, to continue till next date.
Adjd. to 18/08/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Adv. Gayatrikumar h/f Adv. Mohit Jadhav for plaintiff present.
Adv. Mrs. Chavan for defendant/ MCGM is present.
None for applicant.
Earlier order, if any, to continue till next date.
Adjd. to 20/10/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: CORAM  H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. Gayatrikumar for plaintiff present.
None for defendant/ BMC.
None for applicant.
Earlier order, if any, to continue till next date.
Adjd. to 15/12/2022 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: Adv. Gayatrikumar for plaintiff present.
Adv. Mrs. Rawade for defendant/ BMC is present.
None for applicant.
Earlier order, if any, to continue till next date.
Adjd. to 21/03/2023 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: court is on leave
Next Purpose: SUIT STAYED
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Adv. Kajal Chourasiya for the plaintiff is present.
Ld. Counsel Mr. Tawakulli with Ld. Adv. Mrs.Mhatre  for BMC is present and tendered application for expediting hearing of NM and pass appropriate order against the plaintiff for non-compliance of Hon\''ble High Court Order. T.O.R. marked as Exh. 05.
Copy is supplied to advocate for plaintiff.
O-On perusal of Roznama it appears that matter is stayed. However, Adv. for corporation submitted that there is no stay and Adv.for plaintiff submitted that matter is stayed. Therefore, parties are directed to file affidavit about stay.
Mr. Gajanan Dhotre, Asst. Engineer from T-Ward/BMC is present.
Adv. Rishabh Jain for applicant in Ch/s. is present.
O-Earlier order, if any, to continue till next date.
Matter is adjd. to 18.04.2023 for filing affidavit by the parties.
Next Purpose: SUIT STAYED
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: Adv. Megha Shigwan for applicant present.
None for Contemnor no.1 and 2.
Adv. Ms. Mhatre for Contemnor no.3/BMC present.
Applicant is directed to serve the notice contemnor no.1 and 2  through the Bailiff.
Adjd. to 13/06/2023 for filing affidavit of service upon contemnor no.1 and 2.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Matter pertains to C.R. No.04.
Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Adv. Rishabh Jain for applicant.
Earlier order, if any, to continue till next date.
Adjd to 27.06.2023 for filing affidavit by defendant/BMC.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: Advocate Kajal Chourasia for plaintiff present and submitted the writ petition was came before Hon’ble High Court yesterday and it was directed to parties take date by concern.
Counsel Advocate Tawakulli a/w Mhatre for defendant/BMC present and submitted that matter be adjourned after 04.07.2023 as writ petition are posted on that day. Hence, matter adjourned for NM Hearing.
Earlier order, if any, to continue till next date.
Adjd to 20.07.2023  for Suit stayed / Affidavit by BMC
Next Purpose: SUIT STAYED
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present.
Advocate Mhatre  for defendant/BMC present.
Keep back
L.O. 3.10 p.m.
Advocate Kajal Chaurasia filed pursis marked as            Exh. 6   along with order passed by Honble High Court WP No. 8690/2018 with WP No. 8702/18, 8695/2018, 8715/18, 8699/18, WP. No. 8696/18, 8701/18 and WP No. 13879/18. She further submitted that Hon’ble High Court set aside order of this court. She submitted that plaintiff will file rejoinder on next date.
Suit be removed from Stayed Caption.
Earlier order, if any, to continue till next date.
Adjd to 17.08.2023 for  Rejoinder / NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: Matter pertains to C.R. No.04.
Adv. Shubham Shinde h/f Mohit Jadhav for plaintiff present.
Adv. Mhatre  for defendant/BMC present.
Earlier order, if any, to continue till next date
Adjd. to  12.09.2023   for Rejoinder / NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2023

Date: 12-09-2023
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present and tendered Vakalatnama TOR marked as Exh..6  . and seeks time to file Rejoinder. Time granted as a last chance.
Adv. Mitesh h/f Adv. Dharmesh Vyas a/w Advocate Mhatre for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to 26.09.2023    for  filing rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: Advocate Mohit Jadhav for applicant present.
Advocate Mhatre for Respondent/BMC present and seeks time to file reply to NM.
Adv. for plaintiff opposed adjournment. However in the interst of justice time is granted till next date.
Adjd  to  12.12.2023    for  NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: Adv.Kajal Chourasia h/f Adv.Mohit Jadhav for Plff. present.
Adv.Mhatre for Deft./BMC present.
As Court is busy in dictating ad-interim Orders and N/M hearing in HCTB Suit, due to paucity of time, matter is adjd.
Earlier Order, if any, to continue till next date.
Matter is adjd. to 13/12/2023 for N/M Order.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Adv. Ms. Chourasia h/f. Mr. Jadhav for plaintiff present
Adv. Mr. Vyas with Mrs. Mhatre for BMC present
F.R.S.R. following order passed on N/M. No. :-1993/2018
ORDER
Notice of Motion is dismissed.
F.R.S.R. following order passed on NM No. 1987/18
ORDER

Notice of Motion is dismissed.
Adv. for plaintiff filed application for continuation of EOC-TOR marked Exh.8-Other side to say-Say filed
Adv for deft/BMC submitted that NM Reply be treated as WS.Granted
Exh. 9  Written Statement
Adjd. to 14/12/2023 for hrg. on Exh.8.
Next Purpose: HEARING
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: Adv. Ms. Megha Shigvan for plaintiff present
Advs. Mr. Vyas with Mrs. Mhatre for BMC present
Heard parties on application exhibit-8 for continuation of earlier order
Following order is passed below exhibit-8 :-
O R D E R
.	The plaintiff filed this application for continuation of earlier interim protection that was granted on 28/5/2018 in order to enable him to approach the Hon’ble High Court. Advocate for defendant BMC opposed application contending that there is no ad-interim order and in view of the judgments of the Hon’ble Bombay High Court in catena of judgments granting of stay would not be sustainable as it would be protecting the misdid of the plaintiff.
2.	Counsel for the Corporation relied on judgment of the Hon’ble Bombay High Court in Godrej & Boyce Manufacturing Co. Ltd. Versus The State of Maharashtra & 5 Ors. (Writ Petition No.3537 Of 2019) to submit that if interim protection is refused ad-interim protection cannot be continued. On the other hand, learned advocate for the plaintiff relied upon judgment of the Hon’ble Apex Court in the case of S. Brahmanand and Ors. K. R. Muthugopal (D) and Ors. [Appeal (Civil) 6203-6204 Of 2005] to submit that even though suit is dismissed interim order can be continued till the party is able to file appeal.
3.	It is matter of record that by an order dated 28/5/2018 this Court directed to maintain position as shown in the photographs and said order was continued during the pendency of Notice of Motion. The plaintiff intends to challenge order dismissing Notice of Motion. Advocate for BMC submitted that structure is not in existence and the plaintiff has reconstructed structure without permission of the Court or the BMC. However, considering the fact that interim protection was continued during the pendency of Notice of Motion I pass following order :-
O R D E R
   Interim relief to continue for three weeks from the date of uploading of order in Notice of Motion.
Adjd. to 2/3/2024 for hearing on issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-03-2024

Date: 02-03-2024
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present.
Advocate Suryavanshi for defendant/BMC present.
Adjd  to 20.04.2024    for  framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: Advocate Kajal Chaurasia h/f Mohit Jadhav for plaintiff present.
Advocate Mhatre for defendant/BMC present.
Exh. 10  - Issues are framed.
Adjd  to  27.06.2024  for List of witness and R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: Advocate Kajal Chaurasia h/f Kamal Chaudhari  for plaintiff present and seeks time to file evidence. Hence matter adjourned.
Advocate Waghmare for defendant/BMC present.
Ch/s No. 1091/2018 has been disposed on 20.06.2018, however same is pending in CIS, hence same may be removed from CIS.
Adv for plaintiff submitted that the plaintiff has  challenged order in Ch/s by filing WP No. 8690/ 2018 and Hon’ble Bombay High Court set aside order in ch/s.
Adjd  to 25.07.2024  for evidence of plaintiff NM Hearing/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-07-2024

Date: 25-07-2024
Business: Advocate Kajal Chaurasia h/f Chaudhary for plaintiff present and requested time to file evidence.
Advocate Waghmare a/w  Adv. Smita Charatkar for defendant/BMC present.
Adjd to 29.08.2024 for plaintiff evidence/R.E/ NM Hearing.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2024

Date: 29-08-2024
Business: None present for plaintiff
Advocate  Waghmare  for defendant/BMC present.
Adjd  to  08.10.2024    for plaintiff evidence /R.E.
Later on 11.58 p.m
Adv. Kajal Chaurasia for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-10-2024

Date: 08-10-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-11-2024

Date: 28-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Kajal Chaurasia for plaintiff present and requested time to file evidence.
Advocate Nagarthawar for defendant/BMC present and submitted that this is third date for plaintiff evidence. Hence matter adjourned as a last chance.
Adjd  to 23.01.2025 for plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-01-2025

Date: 23-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Mohit Jadhav a/w Adv. Ms. Kajal Chaurasia for the plaintiff is present. He sought time to proceed with the matter as the matter is pending before Hon’ble Bombay High Court. Time is granted. Adv. Mr. D.K. Vyas a/w Adv. Ms. Pooja Nagarthawar  for defendant/MCGM is present. The record shows that draft Ch/s., which is now registered as Ch/s No. 1091/2018 was disposed of on in view of the roznama dtd. 20.06.2018. However, somehow, it is pending in the CIS. Hence, Ch/s No. 1091/2018 be disposed of from CIS.
Adjourned for RE.to 18.03.2025.
Nature Of Disposal: OTHER
Disposal Date: 23-01-2025

Main Case No: SUIT/0101354/2018
Main Cnr: MHCC010064632018
Main Filing No: 111447

Registration Number: 101091/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 108508/2018
Filing Date: 28-06-2018
First Hearing Date: 16th July 2018
Decision Date: 23rd January 2025
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE