Paresh Vasantrai ShanghaviVsMCGM +1 more

Date: 13-08-2019
Business: Mentioned by precipe.  NOB. TOB.
Adv. Kunal Bhange for plaintiff present and tendered draft NM along with affidavit.  Leave is granted to register the NM r/o next date.  Copy be served to other side.
None for defendant/MCGM.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama.
Exh. 3 - Memo of Address.
Exh. 4 - List of documents.
Order on ad-interim relief.
Perused NM, plaint, documents annexed to the plaint and heard advocate for plaintiff. Both parties to maintain status-quo till next date.
Authenticated copies be given to the both parties.
Adjd to 14.08.2019 for ad-interim hearing at 11.00 a.m.
Next Purpose: HEARING
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: Adv. Kunal Bhanage for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Order on ad-interim relief.
Perused NM, plaint, documents annexed to the plaint and heard both sides.  Challenge  in the plaint is to the notice and order u/s 351 of MMC Act in respect of suit structures.  The plaintiff has tendered assessment extract showing first date of assessment dtd. 31.03.1961.  Ld. Adv. for the defendant submits that said assessment is of different structure.  However, there appears name of plaintiff\''s predecessor on the assessment bill.  Therefore, the plaintiff has brought rival issue before the Court and he is entitled for ad-interim relief.  Hence, ad-interim relief in terms of prayer clause (a) and (b) is granted till next date.
Authenticated copies be given to the both parties.
Adjd to 20.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Adv. Mr. Akshay Pawar for plff present, tendered original NM no. 3177/19 a/w affidavit.
Adv. Khandagle for MCGM/Deft. present and tendered affidavit in reply to NM., copy served to other side.
Mr. Aniket Bokade, Jr. Engg. Present.
Earlier order, if any, to continue till next date.
Adjd to 04.12.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: Adv. Kunal Bhanage for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
Court busy in ad-interim hrg. matters and HC time bound Matter. Hence adjourned.
Earlier order, if any, to continue till next date.
Matter is adjd to 29.01.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2020

Date: 29-01-2020
Business: Plaintiff present.
Adv. Bhadage for plaintiff present.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for Plaintiff, adjournment granted as last chance.
Earlier order, if any, to continue till next date.
Adjd to 05/03/2020 for rejoinder/N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Plaintiff present , his advocate is absent.
Adv. Mrs. Hajare h/f adv.Khandagle for MCGM/Deft. present.
 Matter adjd to  03.04.2020  for NM hrg.
L.O.
Kunal  Bhangae for plaintiff present.
Earlier order, if any, to continue till next date.
L.O.at 4.30pm
Adv. Khandagle for MCGM/Deft. present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020

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

Date: 17-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None for plaintiff.
Adv.Mr.Khandagale for deft/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 22.02.2021 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: None for plaintiff.
Adv. Khandagale for deft/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 28/06/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Adv Akshay Pawar for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
On oral request of advocate for plaintiff to argue on NM, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. To 30/08/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Adv Akshay Pawar for plaintiff present and requests for time to argue NM. Time is granted till next date as last chance.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 04/10/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Adv Akshay Pawar for plaintiff present and requests for time to argue on NM. Time is granted till next date as last chance.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 15/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Adv. Akshay Pawar for Plaintiff present and seeks time to argue on NM. Already on the last date, last chance was granted to Plaintiff. Hence, matter is kept for NM hearing/NM dismissal.  Time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Matter is adjd to 17.12.2021  for NM hearing/NM dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adjd. To 29/01/2022 for NM hearing.
L.O. at 3.30 p.m.
Adv Akshay Pawar for plaintiff present.
Earlier order, if any, to continue till next date.
Already adjd. To 29/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2022

Date: 29-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till next date.
Matter is adjd to 28/02/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Adv. Yash Joglekar h.f. Adv. Akshay Pawar for Plaintiff present and seeks time to argue on NM. The roznama shows that on 15.11.2021 matter was kept for NM hearing/NM dismissal and last chance was granted to the Plaintiff to argue on NM. So it shows that Plaintiff is not interested to proceed with the NM and only shown in interest in continuing earlier protection. Therefore, on the next date if Plaintiff failed to argue on NM, it will be dismissed for want of prosecution. Considering above facts, time is granted till next date.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Matter is adjd to 11/03/2022  for NM hearing/NM dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Today matter is fixed for NM hearing / NM dismissal, then also neither plaintiff nor his advocate is present. It shows that plaintiff is not interested to proceed with the matter. Hence NM NO.3177/2019 is dismissed for want of prosecution.
Adjd. To 11/04/2022 for W/s.
L.O. at 5.45 p.m.
Adv Akshay Pawar for plaintiff present.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: NOB-TOB (BY PRACEIPE)
Adv Akshay Pawar for plaintiff present and tendered draft Notice of Motion along-with affidavit in support thereof. TOR. Leave is granted to register the Notice of Motion, returnable on next date. Copy is supplied to other side.
Adv Mrs Tondwalkar for defendant / MCGM is present and has given say on draft NM.
Heard both sides on draft NM.
ORDER ON DRAFT NOTICE OF MOTION
         Perused draft NM, affidavit in support thereof, reply filed by the defendant / MCGM. Heard both advocate at length.
          The present NM is taken out by the plaintiff for setting aside the NM dismissal order passed on 11.03.2022. The advocate for defendant taken strong objection on a ground that ample opportunity was given to the plaintiff to argue NM, but plaintiff failed to argue the same, therefore finally NM was dismissed.
          It is a matter of record that Notice of Motion No.3177/2019 was dismissed for want of prosecution. On the same day advocate for the plaintiff appeared and show his readiness to argue NM. So for final adjudication of the matter, NM needs to be allowed. Considering this I pass following order
ORDER
1. The prayer clause (a) of draft Notice of Motion is allowed and made absolute.
2. Notice of Motion is disposed off accordingly.
3. Plaintiff is directed to register NM for statistical purpose.
4. The NM NO.3177/2019 be restored at its original stage.
Earlier order, if any, to continue till next date.
Authenticated copy of the Roznama be given to both the parties.
Already adjd. To 11/04/2022 for NM hearing / NM dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: Adv Akshay Pawar for plaintiff present and tendered original registered (disposed off) Notice of Motion No.1111/2022 along-with affidavit in support thereof. TOR . He submitted that there is a possibility of settlement of matter in between plaintiff and developer. So, he seeks one date to workout the matter. Hence, time is granted till next date.
Adv Khandagale h/f Adv Mrs Tondwalkar for defendant / MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 15/06/2022 for NM hearing/ dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: CORAM  H. H. J. SHRI A. G. SANTANI (C. R. No.11)
(Matter pertains to C.R. No. 4)
Adv. Akshay Pawar for plaintiff present.
None for defendants.
Earlier order, if any, to continue till next date.
Adjd. To 10/08/2022 for NM hearing/ dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 14/09/2022 for N/M dismissal.
L.O.
Adv. Akshay Pawar for plaintiff present.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 14-09-2022

Date: 14-09-2022
Business: Adv. Akshay Pawar for plaintiff present and tendered pursis for withdrawal of suit, TOR and marked as Exh.5.
Plaintiff is also present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Following order is passed on Exh.1-
O R D E R
        Plaintiff has filed application at Exh.5 for withdrawal of the suit. Plaintiff submitted that due to compromise in the suit pending in the Small Causes Court. He wants to withdraw the suit unconditionally. The plaintiff is identified by the Adv. Mr. Pawar. Plaintiff admitted signature and contents of withdrawal application Exh.5. Adv. for defendant/ corporation  submitted to pass necessary order. Hence, I passed following order-
O R D E R
1.     L. C. Suit No.2259/2019 is disposed of as withdrawn.
2.     Parties to bear their own costs.
3.     In view of disposal of suit, N/M No. 3177/2019 is disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 14-09-2022

NOTICE OF MOTION/101111/2022
NOTICE OF MOTION/103177/2019

Registration Number: 102259/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 108903/2019
Filing Date: 09-08-2019
First Hearing Date: 13th August 2019
Decision Date: 14th September 2022
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE