Date: 30-11-2019
Business: None for Plaintiff.
Matter is adjourned to 11.03.2020 for Service of Writ of Summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: None for plaintiff
Matter adjd to 03.07.2020 for Service of Writ of summons.
L.O.
Adv. More for plaintiff present and tendered original writ of summons. t.o.r. and marked at Exh-2.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Defendant, adjournment granted as last chance.
Matter adjd to 03.07.2020 for W/S.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Adv.B.H.More for plaintiff present.
Matter adjd to 15.01.2021 for Service of Writ of Summons upon defendants.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: Adv. Bhaskar H. More for plaintiff present.
Plaintiff is also present.
Adv. Khandagle for deft/MCGM present.
It is submitted by advocate Khandagale that he will file Written Statement on next date ,without fail and ask concern officer to remain present on next date.
Administrative Officer Solid Waste Management, M-East Ward, MCGM, is directed to remain present on next date without fail with concern documents.
Matter adjd to 05/02/2021 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. More for plaintiff present.
Adv. Khandagle for deft/MCGM present and tendered Written Statement, additional written statement and list of documents. TOR and market at Exh.3, Exh.4 and Exh.5 respectively.
Officer Smt. Sayli Talekar, Administrative Officer, Solid Waste Management, M/East Ward, MCGM, present.Today Written Statement is filed at Exh.3 by the deft/ Corporation. The issue in this Suit was only Minakshi Mahendra Kasare and Shobha Mahendra Kasare are the one and same person. As there was objections for P. T. case as plaintiff husband Mahendra Kasare was serving in a Mumbai Municipal Corporation Gr. Bombay having Employee Code No.3833025. By letter dt. 17.05.2019 dt Exh. P. to the plaint, Administrative Officer of M-East ward has objected as there is difference in the name of Shobha Mahendra Kasare with request to get direction/order from the Court.Today Administrative Officer Smt. Sayli Talekar is present. She has filed additional written statement on behalf of deft/Corporation with contention that except plaintiff\''s application no other claim has been received till today to office for seeking claim in P.T. Case in place of deceased employee late Mahendra Ramji Kasare. Hence this defendant has no objection to consider plaintiff\''s P. T case, if this Court on the basis of documents filed by plaintiff alongwith plaint observes that Minakshi and Shobha are the same person. It is further submitted in para no.3 of additional written statement that plaintiff should file indemnity bond that if any further claim arises for P. T. case, plaintiff\''s claims already considered by the defendant for granting employment in service of this defendant is liable to be revoked. Heard both sides at length.
I am of the opinion that considering the additional written statement filed by the only defendant/Corporation, no one has claimed to the P. T case of deceased Mahendra Kasare, Employee code No.3833025 except this plaintiff. The document is filed at Exh-A to the plaint-Marriage Certificate, D to the plaint- Service Record, Exh.G (Colly) to the plaint-Hamipatra, Exh.H to the plaint-Affidavit, Joint Affidavit cum no objection at Exh. I to the plaint, Pan Card at Exh.L to the plaint, Aadhar Card at Exh.M to the plaint, Ration Card at Exh. N to the plaint and I card of pensioner at Exh.O to the plaint, all these documents transpires plaintiff\''s name as a Shobha Kasare except the documents of Sourabh Kasare transpires name of mother as a Minakshi at birth Certificate at Exh.K (Colly) to the plaint and Leaving certificate only. Considering all the aspects and no objection by the defendant Corporation through additional written statement at Exh.4 and with the consent of both the parties, Suits needs to be disposed off. The plaintiff has also filed indemnity bond at Exh.6. The indemnity bond transpires in para no. 2 that if any further claim arises in future for the P.T. Case of my son Mr. Sourabh Mahendra Kasare for the P. T. Case in case of deceased employee Mahendra Ramji Kasare, for granting employment in service of the defendant Corporation P. T. claim of my son Sourabh Mahendra Kasare is liable to be revoked. Thus, as there is indemnity regarding any further claim in P. T. case of Master. Siddarth Mahendra Kasare, certainly nothing remains in the Suit. There is no objection by administrative officer of Corporation Officer Smt. Talekar to dispose of the suit as per additional written statement at Exh. 5 and indemnity bond of plaintiff at Exh.6.
Hence Order-ORDER
1) Considering no objection by defendant/Corporation for plaintiff\''s P. T. Case as there was only her application as claimant for P. T. case, nothing remains in the Suit. Hence Suit is disposed off as per the no objection in additional Written Statement by deft/Corporation at Exh.4.
2) The plaintiff has given indemnity bond at Exh.6 i.e if any claim arises for service in the employment of Corporation in case of deceased Mahendra Ramji Kasare, Employee Code No.3833025, the claim will be revoked by the deft/Corporation.
3) Cost in cause.
4) Court fee refunded to the plaintiff, if any.
Nature Of Disposal: ORDER
Disposal Date: 05-02-2021