Backbay Properties Pvt. Ltd.VsMCGM

Date: 07-08-2019
Business: Adv.Indira Bhushan for plaintiff present.
Adv.Mr.Pradeep Patil for defendant/MCGM present.
Matter adjd to 28.08.2019 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: Adv.Gandhy for plaintiff present.
Adv.Smt.Smita Tondwalkar for defendant/MCGM present.
Adv.of BMC filed draft notice of motion a/w. Affidavit t.o.r.
O-Leave granted to register draft notice of motion.
Court is busy in hearing argument, dictating orders and judgment hence, board is discharged.
Matter adjd to 11.09.2019 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-09-2019

Date: 11-09-2019
Business: Plaintiff absent and Adv. Ms. Indira Bhushan present.
Adv. Mrs. Tondwalkar  for defendant/MCGM present and filed register N/M. No.3367/19 alongwith affidavit t.o.r.
Adv. For plaintiff filed reply on N/M No. 3367/19.
Matter adjd to 13/09/2019 for hrg.on N/M.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Plaintiff absent and Adv. Mr. Veer Kamkaria present.
Adv. Mr. Patil  for defendant/MCGM present.
Matter adjd to 16/09/2019 for hrg. on N/M.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Plaintiff and Adv. Present.
Adv. Mr. Patil  for defendant/MCGM present.
As Court is busy in hearing matters SU Nos.737/15 and 1075/17, recording evidence in Su no.1628/2009, attending charge of Court Room No. 13 and Court Room No.28, and other misc. work hence matter adjd to 17/09/2019 for reply on N/M.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: Wrongly shown on today\''s board. Already adjd. on 18-09-2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: Plaintiff and Adv. Ms. Indira Bhushan present.
Adv. Mrs. Tondwalkar  for defendant/MCGM present.
Heard arguments of both sides.
Matter adjd to 21/09/2019 for order on N/M
Next Purpose: NM  ORDERS
Next Hearing Date: 21-09-2019

Date: 21-09-2019
Business: Plaintiff and Adv. Present.
Adv. Mrs. Dhuri  for defendant/MCGM present.
Matter adjd to 24/09/2019 for reply
Next Purpose: REPLY
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Plaintiff and Adv. Indira Bhushan present.
Adv. Mrs. Rawade  for defendant/MCGM present.
At the request of Adv. For plaintiff
Matter adjd to 25/09/2019 for N/M arg.
Next Purpose: HEARING
Next Hearing Date: 25-09-2019

Date: 25-09-2019

Date: 27-09-2019
Business: Plaintiff and Adv. Indira Bhushan present.
Adv. Mrs. Tondwalkar  for defendant/MCGM present.
As Court is busy in recording evidence in various matter,
arguments and passing orders hence, board discharged.
Matter adjd to 30/09/2019 for order.
Next Purpose: ORDER
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: Plaintiff and Adv. Present.
Adv. Mrs. Tondwalkar  for defendant/MCGM present and filed affidavit of Mr. Kishor Dattatray Jagtap t.o.r.
Matter adjd to 04/10/2019 for reply.
Next Purpose: REPLY
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: Plaintiff absent and Adv. Ms. Indira Bhushan present.
Adv. Mrs. Tondwalkar  for defendant/MCGM present and requested time for filling reply. Granted time.
Matter adjd to 07/10/2019 for reply.
Next Purpose: REPLY
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: Advocate for Plaintiff
Advocate for Defendant/MCGM.
F.R.S.R. following order has passed-
                         ORDER
1. Notice of Motion no.3367 of 2019 is allowed.
2. The Defendant Corporation is permitted to lead secondary
evidence relating to the documents mentioned in list Exh.14.
3. The Notice of Motion no. 3367 of 2019 stands disposed off
accordingly.
Case is adjourned to 08/11/2019 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: Plaintiff and Adv.  Ms. Indira Bhushan present.
Adv. Mrs. Tondwalkar  for defendant/MCGM present.
Matter adjd to 27/11/2019 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: As Court is busy in hearing arguments, passing orders and misc. work hence, board is discharged.
Matter adjd to 17/01/2020 for R/e.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: Adv. Mrs. Indira Bhushan for plaintiff present
Adv. Mr. Nandanwar for defendant MCGM Present and seeks time. Order- Granted time.
Mater is adjd to 07.02.2020 for r/e .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Adv. Ms. Indira Bhushan for plaintiff present .
Adv. Mr. Nandanwar for the defendant  MCGM  present .
Witness absent.
K. B.
L. O. at 01.20 p.m.
Mr. Jagtap Witness MCGM present.
Matter is adjd to 10/02/2020 for r/e.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Adv. Ms. Indira Bhushan for plaintiff present.
Adv. Mr. Suryavanshi/Nandanwar for MCGM/defendant present.
Cross examination of DW No.1-Mr. Kishor Dattatry Jagtap  is commenced and concluded by Adv. Ms. Indira Bhushan for plaintiff.
Matter is adjd to 17/02/2020 for r/e.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Plaintiff and advocate absent.
Adv. Mr. Nandanwar for MCGM/deft present.
K. B.
L. O. at 12.00 p.m.
Adv. Mr. Kaustubh Patil for plaintiff present and filed evidence closer pursis t.o.r. marked as Exh.
K. B.
L. O. at 01.15 p.m.
Adv. Ms. Indira Bhushan for plaintiff present.
Matter is adjd to 26/02/2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Adv. Mr. P. D. Gandhy for plaintiff present and seeks time. Order- Granted time.
Adv. Mr. Nandanwar for MCGM/deft present.
Matter is adjd to 09/03/2020 for argument
Next Purpose: ARGUMENTS
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Adv. Mr. P. D. Gandhy for plaitiff present.
Adv. Mr. Suryavanshi/Nandanwar for MCGM/deft present.
Heard arguments of both sides.
Written Submission filed by Adv. for plaintiff.
Matter is adjd to  16/03/2020 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: As court is on leave.
Matter adjd to 20/03/2020  for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: COVID-19
Adv for plaintiff absent.
Adv Nandanwar for MCGM/defendant present.
Matter adjourned for final arguments to 03.04.2020.
LO at 12.35 pm.
Adv Mithilesh Mishra (holding) for plaintiff present.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 06.05.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 28.05.2020.
Next Purpose: ARGUMENTS
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: ARGUMENTS
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: COVID-19
Adv Chandra More for MCGM/defendant present.
Matter adjourned for Arguments to 16.06.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: Adv Chandra More for MCGM/defendant present.
Matter adjourned for arguments to 03.07.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-07-2020

Date: 03-07-2020
Business: Covid-19, Parties and their advs absent, adjd
Next Purpose: ARGUMENTS
Next Hearing Date: 04-08-2020

Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Business: Plaintiff and Adv absent.
Adv. Smt. Rawade for defendant/BMC present.
Adjd for arguments to 16/10/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Business: Plff and adv absent.
Adv Nandanwar/Suryawanshi for MCGM/defendant present.
Matter adjourned for Arguments to 26/10/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: None present for plaintiff.
Adv Nandanwar for MCGM/defendant present.
Matter adjourned for arguments to 03.12.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: Adv. Indira Labde present for plaintiff.
Adv  Mr. Nandanwar/Suryawanshi present for defendant/MCGM .
Matter adjourned for Arguments to 18/12/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: As P.O. Is on Leave, Hence Matter is adjd.to.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Adv PD Gandhy present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
Adv of defendant sought adjournment.
Matter adjourned for arguments to 20.01.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Court is on CSIC Training.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Adv PD Gandhy present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
Adv of plaintiff sought adjournment by stating that he is having some personal difficulties and assured that he will argue on next date. Hence suitable date is being given with request to avoid delay on next date.
Matter adjourned for arguments to 10.02.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Adv PD Gandhy present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
Adv of plaintiff submitted one common written argument (without signature) alongwith citations in total 4 matters. His arguments are heard.
Heard arguments of Adv of BMC.
Matter adjourned for Judgment to 15.02.2021.
Next Purpose: JUDGMENT
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Adv PD Gandhy present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
At the time of final arguments it reveal that alongwith evidence MCGM produced documents with list Exh.14 but those are forgotten by the then staff to exhibit It. Hence said documents are exhibited from Exh.17 to Exh.20.
Judgment is dictated in open court and pronounced.
F.R.S.R.Following order is passed-
ORDER
1. The suit is hereby dismissed with costs.
2. Decree be drawn up within the prescribed period under Order-XX Rule-6A of the C.P.C.
3. The suit stands disposed off accordingly.
4. Notice of Motion No.2970/19 also stands disposed of.
--------------------------------
Adv of plaintiff submitted that in order to file appeal above judgment and decree should not be brought into operation by BMC. Adv of MCGM opposed said submission. Plaintiff is having right to file appeal. Hence earlier relief is hereby extended for four weeks from today.
Nature Of Disposal: OTHER
Disposal Date: 15-02-2021

Main Case No: SUIT/0103037/2007
Main Cnr: MHCC010049182007
Main Filing No: 111447

Filing Number: 108699/2019
Filing Date: 05-08-2019
First Hearing Date: 07th August 2019
Decision Date: 15th February 2021
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE