Date: 27-09-2019
Business: Already Adjd to 18-11-2019 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: N.O.B.T.O.B.
(By Precipe)
Adv. Jyoti Rajguru for plaintiff present.
Issue Writ of Summons to the defendants for answering the claim and to file WS.
Adjd to 18-11-2019 for NM Reply/Service of Writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Adv. Rohan Bangar h/f Adv. for Abhishek Adke for plaintiff present and tendered affidavit of service of writ of summons.
Adv. Mr. S.C. Khandagale for Deft no. 1/MCGM present.
Deft. no. 2 is present.
On oral request of deft. no. 2 and advocate for Defendant no. 1 /MCGM, adjournment granted.
Plaintiff is directed to tendered original N/M on or before next date.
Earlier order, if any, to continue till next date.
Adjd to 21-02-2020 for N/M reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv. Abhishek Adke for plaintiff present.
Adv. Khandagle for MCGM/Deft.1 present.
Adv. Ms.Chavda for defendant No.2 is present.
It is submitted that the regularization application filed before the MCGM corporation is under process.
Earlier order, if any, to continue till next date.
Matter adjd to 15.06.2020 for NM reply both the defendants.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv. Rajul Mishra h/f Adv. Abhishek Adke for plaintiff present.
Adv. Khandagle for deft no.1/MCGM present.
Adv. Aditya Khare h/f Adv. P. D. Gandhy for deft no.2 present.
Earlier order, if any, to continue till next date.
Matter adjd to 26/02/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. Ms. Rajul Mishra h/f Adv. Abhishek Adke for plaintiff present.
Adv. Khandagle for deft no.1/MCGM present.
Adv. Aashi Sirohiwala i/b M/s. P. D. Gandhy and Associates for deft no.2 present.
On oral request of advocate for defts, to file reply to NM, time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 31/03/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: None for plaintiff.
Adv. Khandagale for deft no.1/MCGM present.
Adv. Hardik Desai for deft no.2 present.
Exh.1 - Plaint
Exh.2 - VP of plaintiff advocate
Exh.3 - Memorandum of address.
Exh.4 - List of documents
Exh.5 - Advocate for deft no.2 filed reply to NM No.3112/19 cum Written Statement, TOR and marked at Exh.5. Copy is supplied to deft no.1. Copy be supplied to plaintiff.
Adv. For deft no.1 requests for time to file reply to NM No.3112/19. Time is granted till next date.
Matter adjd to 11/06/2021 for Reply to NM No.3112/19 by deft/MCGM.
Later On.
Adv. Abhishek Adake for plaintiff present.
Matter is already adjd to 11/06/2021.
Later On. At 02.50 pm.
Adv. Ms. Rajun Mishra h/f Adv. Abhishek Adake for plaintiff present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Adv Rajul Mishra h/f Adv Abhishek Adke for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adv Hardik Desai for defendant no.2 present.
Defendant no.2 is directed to supply the copy of NM reply to the plaintiff.
Adjd. To 17/09/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Adv Rajal Mishra h/f Adv Abhishek Adke for plaintiff present.
Adv Smita Chavan h/f Adv Mrs Tondwalkar for defendant no.1/ MCGM present and requests for time to file reply to NM. Time is granted till next date.
None for defendant no.2.
Defendant no.2 is directed to supply the copy of W/s to the plaintiff.
Adjd. To 29/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: As Court is on leave, board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Vibha Joshi h.f. Adv. Abhishek Adke for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant No.1/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Adv. Maaz for Defendant No.2 present.
Defendant No.2 is directed to serve the copy of NM reply/W.S. upon Plaintiff and Defendant No.1/MCGM.
Matter is adjd to 11/03/2022 for NM reply by Defendant No.1/MCGM to NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv Joshi for plaintiff present.
Adv Mrs Tondwalkar for defendant no.1/ MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adv Hardik Desai for defendant no.2 present.
Adjd. To 18/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Adv Vibha Joshi for plaintiff present.
Adv Mrs Tondwalkar for defendant no.1/ MCGM is present and requests for time to file reply to NM. Time is granted till next date as a last chance.
None for defendant no.2.
Adjd. To 15/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: H.H.J. is on leave today.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Vibha Joshi for plaintiff present.
Adv. Mrs. Tondwalkar for defendant No. 1/ MCGM is present and tendered reply cum W/S to N/M No. 3112/2019, TOR and marked as Exh. 6 and also tendered list of documents, TOR and marked as Exh. 7. Copies are supplied to other side.
None for deft. No. 2.
Adjd. to 08/08/2022 for N/M hrg.
L.O.
Adv. Hardik Desai for plaintiff present.
Already adjd. to 08/08/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv. Vibha Joshi for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
None for deft. No.2.
Adjd. to 14/09/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Adv. Vibha Joshi for plaintiff present and requested time to argue on N/M. Time is granted till next date as a last chance.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
None for deft. No.2.
Adjd. to 19/10/2022 for N/M hrg.
L.O.
Adv. Hardik Desai for deft. No.2 present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Adv. Bhadang with Adv. Adke for plaintiff present and tendered rejoinder, TOR. Copy is supplied to other side. He further submitted that earlier order be continued. Adv. for corporation opposed for continuation of earlier order. However, matter is now adjourned for hrg. on N/M hence, earlier order is continued.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. Hardik Desai for deft. No.2 present.
Earlier order, if any, to continue till next date.
Adjd. to 11/11/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Adv. N. B. Bhadang with Adv. Adke for plaintiff present.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. Maaz for deft. No.2 present.
K.B.
L.O.
Adv. Hardik Desai for deft. No.2 present.
Rest of the same appearance.
Heard Adv. for plaintiff partly on N/M No.3112/2019.
Due to paucity of time, matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. to 16/11/2022 at 04.30 p.m. for further hrg. by plaintiff on N/M No.3112/2019.
Next Purpose: NM P.H.
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Adv. N. B. Bhadang with Adv. Adke for plaintiff present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. Tejas Shah for defendant No.2 present.
Due to paucity of time, matter is adjourned.
Adjd. to 28/11/2022 at 04.00 p.m. for further argument by plaintiff in N/M.
Next Purpose: NM P.H.
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Adv. Bhadang with Adv. Adke for plaintiff present and tendered compilation of documents, TOR and marked as Exh.8. Copy is supplied to deft. No.2.
None for defendant No.1/ BMC.
Adv. Hardik Desai for deft. No.2 present.
Heard further arguments of Adv. for plaintiff partly on N/M No.3112/2019.
Earlier order, if any, to continue till next date.
Adjd. to 21/12/2022 for further N/M hrg. by plaintiff.
Next Purpose: NM P.H.
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Adv. Bhadang for plaintiff present.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
Adv. Hardik Desai for defendant No.2 present.
Due to paucity of time, matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. to 13/01/2023 at 12.30 p.m. for further N/M hrg. by plaintiff.
Next Purpose: NM P.H.
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: Counsel Adv. Bhadang h/f Adv. Abhishek Adke for plaintiff present.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC is present.
None for defendant No.2.
Heard further arguments by Adv. for plaintiff on N/M No.3112/2019.
K.B. for defendant\''s argument.
L.O.
Adv. Abhishek Adke for plaintiff present.
Adv. Hardik Desai for defendant No.2 present.
Heard arguments of Adv. for defendant No.1/ BMC and defendant No.2 on N/M No.3112/2019.
Earlier order, if any, to continue till next date.
Adjd. to 23/01/2023 at 01.00 p.m. for argument on law point by plaintiff.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: Counsel Adv. Bhadang h/f Adv. Abhishek Adke for plaintiff present and tendered written submissions in N/M, TOR and marked as Exh.9. Copy is supplied to defendant No.2 and copy of defendant No.1/ BMC is kept in R and P.
None for defendant No.1/ BMC.
Adv. Hardik Desai for defendant No.2 present.
Heard further arguments of Adv. for plaintiff in N/M No.3112/2019 on law point.
Earlier order, if any, to continue till next date.
Adjd. to 13/02/2023 for order on N/M No.3112/2019.
L.O.
Adv. Mrs. Tondwalkar for defendant No.1/ BMC present and received copy of Exh.9.
Already adjd. to 13/02/2023 for order on N/M No.3112/2019.
Next Purpose: NM ORDERS
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: Adv. Abhishek Adke for plaintiff present.
Adv. Mr. Suryavanshi for defendant No.1/ BMC is present.
Adv. Hardik Desai for defendant No.2 present.
K.B.
L.O.
As Court is busy in dictating orders in ad-interim relief and Ch/S order, this matter is adjourned.
Earlier order, if any, to continue till next date.
Adjd. to 14/02/2023 for N/M order.
Next Purpose: NM ORDERS
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: Adv. Vibha Joshi h/f Adv. Abhishek Adke for plaintiff present and tendered application for continuation of earlier order, TOR and marked as Exh.10. O - Other side to say.
Adv. Mr. Khandagale h/f Adv. Mrs. Mhatre for defendant No.1/ BMC is present has given say on Exh.10.
None for defendant No.2 present.
F.R.S.R. following order is passed on N/M No.3112/2019-
O R D E R
Notice of Motion No.3112/2019 is dismissed.
Earlier order, if any, to continue till next date.
Adjd. to 15/02/2023 for order on Exh.10.
Next Purpose: ORDER
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: Adv. Abhishek Adke for plaintiff present.
Adv. Mr. Suryavanshi for defendant No.1/ BMC is present.
None for defendant No.2.
Following order is passed on Exh.10 -
O R D E R
1. The plaintiff has filed application for protection to suit structure for 6 weeks as plaintiff intends to prefer appeal against order dismissing N/M. Defendant/ corporation opposed application stating that this Court has dismissed N/M on merit and order is not executable.
2. Heard Adv. for the parties.
3. Notice of Motion for interim injunction has been dismissed by this Court on 14/02/2023. The plaintiff intends to prefer appeal against, order dismissing N/M. Appeal is statutory right of the aggrieved party. Adv. for the plaintiff submitted that if protection is not granted till the filing of the appeal there is possibility of the demolition of structure and very purpose of the filing appeal would be defeated. Therefore, considering the submission made by Adv. for the plaintiff and facts of the case I pass following order-
O R D E R
Defendant/ corporation shall not take coercive action against notice structure for three weeks from today.
Adjd. to 20/03/2023 for no W/S order.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: N.O.B., T.O.B. (By preceipe)
Adv. Vibha Joshi for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Following order is passed on Exh.9-
O R D E R
Adv. for plaintiff filed application for extension of interim protection for one week. It is contended that plaintiff intends to challenge the order rejecting N/M. However, it has received certified copies on 21/02/2023. Ad-interim protection was granted till 08/03/2023. Hence, application is premature. Hence, filed on record. Hence, I pass following order-
O R D E R
Application Exh.9 is disposed of.
Already adjd. to 20/03/2023 for no W/S order.
Next Purpose: ORDER
Next Hearing Date: 20-03-2023
Date: 20-03-2023
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 21-04-2023
Date: 21-04-2023
Business: Court is on leave, hence matter is adjourned to 07.06.2023.
Next Purpose: ORDER
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: Adv Vibha Joshi for plaintiff present.
None present for defendant No.1/ BMC.
Adv. Priyank Chudasama h/f Hardik Desai for defendant No. 2 present.
Adjd. to 13.09.2023 for Hearing on Issues and Draft issues.
Next Purpose: HEARING
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: Advocate Vibha Joshi h/f Abhishek Adke for plaintiff present.
Advocate Suryavanshi for defendant No.1/BMC present.
None present for deft No.2
Adjd to 16.12.2023 for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-12-2023
Date: 16-12-2023
Business: As PO is on training at Uttan, matter is adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-02-2024
Date: 03-02-2024
Business: None present for plaintiff
Advocate Suryavanshi for defendant No.1/BMC present.
None present for deft No. 2
Exh. 11 Issues are framed.
Adjd to 13.03.2024 for List of witness /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2024
Date: 13-03-2024
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-05-2024
Date: 06-05-2024
Business: None present for plaintiff
Advocate Suryavanshi for defendant/BMC present.
Adjd to 03.07.2024 for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-07-2024
Date: 03-07-2024
Business: None present for plaintiff
Advocate Botlawar for defendant No.1/BMC present.
None present for D-2
Today is the second date for plaintiff evidence, hence matter adjourned.
Adjd to 12.08.2024 for plaintiff evidence/R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-07-2024
Date: 20-07-2024
Business: Not on Board Taken on Board – By praecipe
Exh. 13 - Production Praecipe
Plaintiff representive Vineet Kumar Chaudhary is present
Advocate Abhishekh Adke for plaintiff present and tendered application for withdrawal of suit marked as Exh. 13
Exh. 14 Writ petition No. 551/2024
Exh. 15 Acknowledgment service
Exh. 16 Authority Letter
None present for deft No.1/BMC
None for deft No. 2.
Order below Exh. 1
1. The plaintiffs Authorized representative filed an application below Exh. 13 for withdrawal of the suit unconditionally. In view of order dated 08.07.2024 passed in Writ Petition No. 551/2024. Copy of which is at Exh. 14. The notice has been given to the defendants that matter will be taken out on today’s board for withdrawal of the suit but none appeared for defendants.
2. The Representative Vineet Kumar Chaudhary admitted his signature and contents of withdrawal application Exh. 13. He has filed authorization letter below Exh. 16. The plaintiff is withdrawing the suit unconditionally in view of order passed in WP No. 551/2024. hence I pass following order
ORDER
Suit is disposed of as withdrawn as per application below Exh. 13.
Nature Of Disposal: WITHDRAWL
Disposal Date: 20-07-2024