Date: 19-08-2019
Business: As P.O. is training at Uttan, matter is adjd. till next date
Next Purpose: HEARING
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Adv.Remedious h/f R.D.Thorat for applicant no.1 present.
Adv.mahesh Londhe for respondent no.1(a),1(b), 2(a) and 2(b) present.
None for respondent no.3 and 4.
Adv.Joshi for respondent no.8 present.
Adv. Mrs. R.M. Hazare for Deft.no.4/MCGM present.
On oral request of advocate for applicant, adjournment granted as last chance.
Matter is adj to 26/11/19 for rejoinder and Exh-9 hearing.
Next Purpose: HEARING
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: Applicant no.1 present.
Advocate Mr. Rahul Thorat for applicant no.1 present.
Adv.Mahesh Londhe for respondent no.1(a),1(b), 2(a) and 2(b) present.
None for respondent no.3,4 and 8.
Adv. Mrs. R.M. Hazare for Deft.no.4/MCGM present.
On oral request of advocate for applicant no.1, adjd. to 11/12/2019 for rejoinder to Chamber Summons.
Next Purpose: HEARING
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Adv Mahesh Londhe for respondent No.1 (a),1 (b), 2 (a) and 2 (b).
Adv.Thorat for applicant No.1 present and file affidavit in reply of applicant No.1 to application for abatement and additional affidavit in rejoinder.
Adv.Murtuja for respondent No.3 and 5 present.
None for Resp. 6 to 8.
Adv. Khandagle for MCGM/Deft.No.4 Present.
Matter adjd to 11.03.2020 for argument on ch/s and Exh-9/ rejoinder by respondent No.1 (a),1 (b), 2 (a) and 2 (b).
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Adv.R.D. Thorat for Applicant No.1 present.
Applicant also present.
Adv. Mahesh Londhe for respondent No.1-a,1-b and 2-a present
and tendered original register ch/s No. 457/20,t.o.r. Copy is
served to other side.
Adv. Ansari for respondent No.3 and 5 present.
Adv. Khandagle for MCGM/respondent. No.4 present.
Matter adjd to 15.06.2020 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Adjd to
Next Purpose: C/S REPLY
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Adv.Ms.Remedious h/f Adv R.D.Thorat for applicant present.
Adv.Ms.Shweta Satardekar h/f Adv.Mahesh Londhe for respondent no. 1A,1B and 2A,2B present.
Adv. Mrs. Hajare h/f Adv Khandagale for Respondent no.4/MCGM present.
None for respondent no.3 and 4.
Matter adjd to 09.02.2021 for C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: By Consent,matter adjd to 16/03/2021 for Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. R. D. Thorat for plaintiff/applicant present and tendered reply to Ch/s. Copy is served to other side.
Adv. Vedant for respondent no.1(a) 1(b) and 2(a) to 2(b) present. Adv. Ms. Smita Chavan for respondent No.4/MCGM present.
Adv. Ansari for respondent no. 3 and 5 present.
None for respondent no.6 to 8.
By Consent Matter adjd to 07/04/2021 for Ch/s Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Due to Covid-19 SOP, matter is adjourned till next date.
Matter adjd to 09/06/2021 for Ch/s Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Adv Miss Remedious h/f Adv R.D. Thorat for applicant present.
Adv Mahesh Londhe for respondent nos.1-A, 1-B, 2-A and 2-B present.
Adv Mrs Rawade for respondent no.4 / MCGM present.
None for respondent nos.3 and 5 to 10.
On oral request of advocate for applicant, matter is adjourned till next date.
Adjd. To 25/08/2021 at 12.00 noon for ch/s hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: HHJ is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv R.D. Thorat for applicant present.
Adv Mahesh Hondhe for respondent nos.1-A, 1-B, 2-A present.
None for respondent nos.3 and 5 to 10.
Adv Tondwalkar h/f Adv Mrs Rawade for respondent no.4 / MCGM present.
On oral request of advocate for applicant, matter is adjourned till next date.
Adjd. To 15/11/2021 at 12.00 noon for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Adv R.D. Thorat for applicant present.
Adv Mahesh Hondhe for respondent nos.1-A, 1-B, 2-A present. None for respondent nos.3 and 5 to 10.
Adv Tondwalkar h/f Adv Mrs Rawade for respondent no.4 / MCGM present.
K.B. 12.30 p.m.
Same appearance.
Matter is adjd to 01/12/2021 for CS hearing at 12.00 p.m.
Next Purpose: C/S HEARING
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv. Remedious h.f. Adv. R.D. Thorat for Plaintiff present.
Adv. Devrukhkar h.f. Adv. Mahesh Londhe for Respondent Nos. 1-A, 1-B and 2-A present.
Adv. Sharif Lakdawala for Respondent Nos. 3 and 5.
Adv. Tondwalkar h.f. Adv. Rawade for Respondent No.4/MCGM present.
None for Defendant Nos. 6 to 10.
K.B. L.O.
Adv. R.D. Thorat for Plaintiff present.
Both advocates are requested for a short date. On the request of all the advocates, time is granted till next date.
Matter is adjd to 10/01/2022 at 12.30 p.m. for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv. R.D. Thorat for Plaintiff present.
Adv Mahesh Londhe h/f Adv Saurabh Deorukhka for Respondent Nos.1-A, 1-B and 2-A present.
Adv. Sharif Lakdawala for Respondent Nos. 3 and 5 present.
Adv. Tondwalkar h.f. Adv. Rawade for Respondent No.4/MCGM present.
None for Defendant Nos. 6 to 10.
On the request of all the advocates, time is granted till next date.
Adjd. To 25/01/2022 at for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 25-01-2022
Date: 25-01-2022
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 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.
Matter is adjd to 01/02/2022 for Ch/s. hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 01-02-2022
Date: 01-02-2022
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 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.
Matter is adjd to 15/02/2022 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv R.D. Thorat for applicant present.
Adv Mahesh Londe for respondent Nos.1-A, 1-B and 2-A present.
Adv Ansari for respondent nos.3 and 5 present.
Adv Mrs Rawade for respondent no.4 present.
None for respondent nos.6 to 10.
Adjd. to 02/03/2022 at 2.45 p.m. for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: AT 11.30 A.M.
Adv R.D. Thorat for applicant present.
Adv Mahesh Londe with Adv Saurabh Deorukhkar I/b M/s. Sanjay Udeshi and Co. for respondent Nos.1-A, 1-B and 2-A present.
Adv Mrs Tondwalkar h/f Adv Rawade for respondent no.4 present.
None for respondent nos.6 to 10.
On oral request of advocate of applicant, matter is adjourned till next date.
Adjd. to 07/03/2022 at 1.00 p.m. for Ch/s hearing.
Adv for respondent Nos.1-A, 1-B and 2-A states that he will inform the adjourned date to the advocate for respondent nos.3 and 5.
L.O. at 3.20 p.m.
Adv Ansari for respondent nos.3 and 5 present.
Already adjd. to 07/03/2022 at 1.00 p.m. for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv R.D. Thorat for applicant present and tendered reply to Exh.16 TOR. He also tendered reply to NM NO.3115/19 ,TOR. Copies thereof are supplied to advocate for respondent Nos.1-A, 1-B and 2-A.
Adv Mahesh Londe with Adv Saurabh Deorukhkar I/b M/s. Sanjay Udeshi and Co. for respondent Nos.1-A, 1-B and 2-A present.
Adv Mrs Tondwalkar h/f Adv Rawade for respondent no.4 present. None for respondent nos.6 to 10.
Heard Ld Adv for applicant on Exh.9, CS NO.457/2020 and 1493/2019.
Due to paucity of time, matter is adjourned till next date.
Adjd. To 28/03/2022 at 12.00 p.m. for hearing on Exh.9 and CS NO.457/2020 and 1493/2019 by advocate for respondent Nos.1-A, 1-B and 2-A
Next Purpose: C/S HEARING
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv R.D. Thorat for applicant present.
Adv Mahesh Londe with Adv Saurabh Deorukhkar I/b M/s. Sanjay Udeshi and Co. for respondent Nos.1-A, 1-B and 2-A present.
Adv Mrs Chavan h/f Adv Rawade for respondent no.4 / MCGM present. None for respondent nos.6 to 10.
Heard Ld Adv for respondent Nos.1-A, 1-B and 2-A on Exh.9, CS NO.457/2020 and 1493/2019.
On oral requests of advocate for respondent no. 4 / MCGM, matter is adjourned for argument on Exh.9, CS NO.457/2020 and 1493/2019.
Matter is adjd to. 29.03.20222 for argument on Exh.9, CS NO.457/2020 and 1493/2019 by respondent no.4 /MCGM.
Next Purpose: C/S HEARING
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: None for applicant.
Adv. Devrukhkar h/f Adv. Londhe for respondent no.1-A, 1-B and 2-A present.
Adv Mrs Rawade for respondent no.4/MCGM is present.
None for respondent no.3 & 5 to 10.
Heard Ld. Advocate for respondent no.4/MCGM on Exh.9, CS NO.457/2020 and 1493/2019.
Adjd. To 05/04/2022 for Order on Exh.9, CS NO.457/2020 and 1493/2019.
Later On. A 03.15 p.m.
Adv. Ansari for respondent no.3 & 5 present.
Heard arguments by Ld. Adv. For respondent no.3 & 5 on Exh.9, CS NO.457/2020 and 1493/2019.
Matter is already adjd to 05/04/2022 for Order on Exh.9, CS NO.457/2020 and 1493/2019.
Next Purpose: ORDER
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: HHJ is on leave
Next Purpose: ORDER
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Applicant is present. His advocate absent.
Adv. Saurabh Devrukhkar h/f Adv. Londhe for respondent no.1-A, 1-B and 2-A present.
Adv Mrs Tondwalkar h/f Adv Rawade for respondent no.4/MCGM is present.
None for respondent no.3 and 5 to 10.
Adjd. To 26/04/2022 for Order on Exh.9, CS NO.457/2020 and 1493/2019.
Next Purpose: ORDER
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Applicant is present. His advocate absent.
Adv. Mahesh Londhe for respondent no.1-A, 1-B and 2-A present. Adv Rawade for respondent no.4/MCGM is present.
None for respondent no.3 and 5 to 10.
KB for Order on Exh.9, CS NO.457/2020 and 1493/2019.
F.R.S.R. following order below Exh.9 is passed
Order -
Application filed at Exh. 9 stands rejected.
F.R.S.R. following order Ch/s No 1493/19 is passed
Order -
1. Prayer clause (a) and (b) of Ch/s No. 1493/2019 is allowed and made absolute.
2. Ch/s. No. 1493/19 stands disposed off accordingly.
3. Applicants are directed to carry out the amendment within stipulated period.
F.R.S.R. following order Ch/s No 457/20 is passed
Order -
1. Chs. No. 457/2020 stands rejected.
Adjd. To 14/06/2022 for hearing on NM 3115/19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: As Court is on leave today, board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: H.H.J. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Adv. R. D. Thorat for plaintiff present.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for respondent No.4/ BMC is present.
Adv. Mahesh Londhe for respondent Nos.1(a), 1(b), 2(a) present.
Adv. Ansari for respondent Nos.3 and 5.
None for other respondents.
Adjd. to 05/12/2022 for hearing on N/M No.311/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: Adv. Remedious h/f Adv. R. D. Thorat for applicant present.
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for respondent No.4/ BMC is present.
Adv. Mahesh Londhe a/w Adv. Saurabh Deorukhkar i/b M/s Sanjay Udeshi and Co. for respondent Nos.1(a), 1(b) and z(a) present.
None for other respondents.
Adjd. to 16/01/2023 for hearing on N/M No.311/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2023
Date: 16-01-2023
Business: Adv. Remedious h/f Adv. R. D. Thorat for applicant present.
Adv. Mrs. Tondwalkar for respondent No.4/ BMC is present.
Adv. Mahesh Londhe a/w Adv. Saurabh Deorukhkar i/b M/s Sanjay Udeshi and Co. for respondent Nos.1(a), 1(b), z(a) present and submitted that Review Petition has been pending in C.R. No.30. Hence, matter is adjourned.
None for other respondents.
Adjd. to 13/02/2023 for hearing on N/M No.311/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: None for applicant.
Adv. Mr. Suryavanshi for defendant No.4/ BMC is present.
Adv. Mahesh Londhe i/b M/s Sanjay Udeshi and Co. for respondent Nos.1(a), 1(b), 2(a) and 2(b) present.
None for other respondents.
K.B.
L.O.
Adv. Shruti Chavan h/f Adv. Rahul Thorat for applicant present.
Both the advocates submitted that Review Petition still pending in C.R. No.30. Hence, matter be adjourned till next date.
Rest of the same appearance.
Adjd. to 28/02/2023 for hearing on N/M No.311/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: Adv. R. D. Thorat for applicant No.1 present.
Adv. Mahesh Londhe i/b M/s Sanjay Udeshi and Co. for respondent Nos.1(a), 1(b), 2(a) and 2(b) present and tendered joined pursis, TOR and marked as Exh.___ and also tendered copy of order dated 20/02/2023 passed by Hon\''ble High Court in 1st Appeal No.1208/2011, TOR and marked as Exh.___
Adv. Mrs. Mhatre for respondent No.4/ BMC is present.
None for other respondents.
Adjd. to 05/04/2023 for hearing on N/M No.311/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: Adv. R.D. Thorat for applicant no.1 present.
Adv. Mahesh Londhe I/b M/s. Samjay Udeshi and Co. for respondent present. With consent of both the parties, adjourned.
Adv. Mr. Suryavanshi h/f Adv. Mhatre for respondent no. 4 / BMC is present.
None for other respondents.
Adjd. to 12/06/2023 for NM hearing .
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2023
Date: 19-07-2023
Business: Dt:19.07.2023
MISC Appln. 83/17 in SU No. 3933/84
CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate R.D. Thorat for Applicant NO.1 present.
Adv. Devulkar h/f Mahesh Londhe for respondent 1A ,1B and 2A and 2B present and submitted that review petition is pending before Court No. 66 and same is fixed on 09.08.2023, Hence, advocates for the parties submitted to adjourn the matter. Hence, adjourned.
Advocate Suryavanshi h/f Adv Mhatre for defendant No.4/BMC present.
Adjd to 23.08.2023 for NM Hearing
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: Adv. Anjali Mishra for applicant present.
Adv Saurabh Devulkar for respondent. 1a 1b and 2a
Advocate Suryavanshi for defendant/BMC present.
Both the adv date of Review Petition pending before the C.R. No. 66 is 10.10.2023 and requested to adjourned the matter after said date. Hence matter adjourned
Adjd to 11.10.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2023
Date: 11-10-2023
Business: Advocate Anjali Mishra h/f R.D. Thorat for applicant present.
Adv Saurabh Devrukhkar h/f Mahesh Londhe for respondent No. 1a 1b and 2a 2b tendered pursis alongwith copy of roznama in review petition 106/2022 pending in C.R. No. 66 marked as Exh. 18
Both the advocate are submitted that review petition is pending before C.R. NO. 66.
Advocate Suryavanshi for Respondent/BMC present.
Adjd to 11.12.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2023
Date: 11-12-2023
Business: and 2 (b) present.
Both the Advocate are submitted that review petition finally heard and Requested for adjournment. Hence matter adjourned
Advocate Suryavanshi for Respondent/BMC present.
Adjd to 10.01.2024 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: Advocate R.D. Thorat for Applicant No.1 present.
Adv Mahesh Londhe Respondent No. 1 (a), 1 (b) and 2(a), 2 (b) present and submitted that yesterday review application has been disposed of in CR No. 66. it is informed that R & P of the MA is not received. Hence matter adjourned for R & P.
Advocate Suryavanshi for Respondent/BMC present.
Adjd to 30.01.2024 for R and P
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: Advocate Anjali Mishra h/f R.D. Thorat for Applicant No. 1 present and tendered registered ch/s No. 2044/2023. copy is supplied to Respondent/BMC. Copies of other Respondent kept R & P.
Adv. Saurabh Devrukhkar h/f Mahesh Dhonde for respondent No. 1 (a), 1 (b) and 2 (a) present and received copy of ch/s. Adv for requested time to file reply to ch/s.
Advocate Mhatre for Respondent No.4/BMC present.
Adjd to 27.02.2024 for Ch/s Reply by Respondent No. 1 (a), 1(b), 2(a) and 4.
Next Purpose: C/S REPLY
Next Hearing Date: 27-02-2024
Date: 27-02-2024
Business: Advocate Anjali Mishra h/f R.D. Thorat for Applicant No. 1 present.
Advocate Jyoti Mhatre-Patil for Respondent No. 4/BMC present.
Adv. Saurabh Deorukhkar a/w Ajinkya Kadam i/b M/s Sanjay Udeshi and Co. for Respondent No. 1(a), 1(b) and 2(a) present and requested time to file reply.
Adv. Ansari for Respondent No. 3 and 5 present and received copy of ch/s No. 2044/23 @ affidavit in support and requested time to file reply.
Adv for Respondent No. 4/BMC requested time to file reply .
None present for Respondent No. 6 to 10.
As per service affidavit dated 16.04.2018 Exh. 19 of the applicant No. 1 it appears Respondent No. 6 and 7 are served.
Adv Anjali Mishra for applicant No. 1 submitted that she will take instruction of service to Respondent 8 to 10.
Adjd to 26.03.2024 for Ch/s Reply by Respondent No. 1(a), 1(b) and 2(a) and Respondent No. 3 and 5 and Respondent No. 4./BMC
Next Purpose: C/S REPLY
Next Hearing Date: 26-03-2024
Date: 26-03-2024
Business: Applicant No. 1 present and his Adv is absent.
Advocate Mhatre for Respondent No.4/BMC present and requested time to file reply to ch/s.
Adv Saurabh Deorukhkar i/b M/s Sanjay Udeshi and Co. for deft 1(a) 1 (b) and 2 (a) present and submitted that he is not filing reply and he will orally argue ch/s.
None present for Respondent No. 3 and 5
None present for Respondent No. 6 to 10.
On request matter adjourned.
Adjd to 04.04.2024 for ch/s Reply by Respondent No. 3 and 5 and Respondent No. 4/BMC.
Next Purpose: C/S REPLY
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: Note : P. O. is nominated for Judicial officers Special Course on “Criminal Justice and Digital Forensic” at NFSU Delhi Campus for 5 days from 01.04.2024 to 05.04.2024.
Hence matter is adjourned to 02/05/2024
Next Purpose: C/S REPLY
Next Hearing Date: 02-05-2024
Date: 02-05-2024
Business: Adv. Sinead Remedious h/f R.D. Thorat for Applicant No. 1 present.
Applicant No. 1 present.
Adv. Saurabh Deorukhkar i/b M/s Sanjay Udeshi and Co. for Respondent No.1(a), 1 (b) and 2 (a) present.
None present for Respondent NO. 3, 5, 6 to 10.
None present for Respondent No. 4/BMC
Adjd to 18.06.2024 for ch/s Reply by Respondent No. 3 and 5 and Respondent No. 4/BMC.
Later on 11.40 p.m
Advocate Mhatre for defendant/BMC present.
Next Purpose: C/S REPLY
Next Hearing Date: 18-06-2024
Date: 18-06-2024
Business: Applicant No. 1 present.
Adv R.D. Thorat for Applicant No. 1 present.
Advocate Metakari for Respondent No.4/BMC present.
Adv. Saurabh Deorukhakar i/b M/s Sanjay Udeshi and Co. for Respondent No. 1(a) 1(b) and 2 (a) present
None present for Respondent No. 3, 5, 6 to 10 and they have not filed reply to Ch/s No. 2044/23. Hence no say order against Respondent No. 3,5,6 to 10.
Adv for deft/BMC has given reply to ch/s No. 2044/2023.
Heard argument of Adv for applicant and Adv. 1(a) 1(b) and 2 (a) and Adv for deft No. 4 on Ch/s No. 2044/23
Adjd to 09.07.2024 for order on ch/s No. 2044/2023
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-07-2024
Date: 09-07-2024
Business: Applicant No.1 and his adv. Anjali Mishra h/f. Adv. R.D. Thorat present.
Adv. Saurabh Devrukhkar h/f. adv. Mahesh Londhe for respondent No.1(a), 1(b) and 2(a) present.
Advocate Metakar for respondent No.4/BMC present.
KB
Order in Chamber Summons No.2044/2023
ORDER
1. Applicants have taken out the Chamber Summons for deletion to name of the respondent to be Bakul Rangwala. It is contended that respondent No.2 (b) died on 21.08.2019 leaving behind the respondent No.2(a) as her only legal representative, who is already on record.
2. It is further stated that after filing M.A. applicants had taken out Chamber Summons No.1493/2019 for deletion of names of applicants Nos.2 to 4. Thereafter, respondent No.1(a), 1(b), 2(a) and 2(b) had also taken out Chamber Summons for abatement of miscellaneous application. Thereafter, due to Covid-19 restrictions only urgent matter were taken for hearing. Then this Court has allowed Chamber Summons filed by the applicants and rejected Chamber Summons taken out by the respondents. Then respondents have filed review petition for recalling of said order. In view of multiple litigations between the parties, the applicant forgot to take Chamber Summons. Hence, there is delay in taking out Chamber Summons.
3. Respondent No.1(a), 1(b), 2(a), 3 and 5 to 10 not filed reply. Hence, Chamber Summons heard without reply. Defendant No.6/BMC opposed Chamber Summons stating that no any sufficient reasons shown.
4. Heard advocates for the parties.
5. Adv. for the respondent Nos.1(a), a(b) and 2(a) submitted that in the year 2019 they intimated the applicant about the death of respondent Nos.2(b). Thus, the Chamber Summons is taken out after inordinate delay.
6. The present Chamber Summons taken out under Order XXII Rule 4 and 9 read with Section 5 of the Limitation Act. Order XXII Rule 4 of the C.P.C. prescribes procedure in case of devolution of the interest on the death of party. Under this rule if a party dies and right to sue survives, the Court on an application made in that behalf is required to substitute legal representative of the deceased party. In this case, respondent No.2(a) who is only legal heir of the respondent No.2(b) is party to the proceeding. Hence, there is no question of abatement of the proceeding against deceased respondent No.2(b). Therefore, I find no substance in the contentions of the respondent that matter is abated against respondent No.2(b). The right to sue survives on legal representative of respondent No.2(b). Hence, the application for deletion of the name of respondent No.2(b) deserves to be allowed as prayed. Hence, I pass the following order:
ORDER
1. Chamber Summons is made absolute in terms of prayer clause (a) and (b).
2. Applicants to carry out necessary amendment within two weeks.
Adjd. to 13.08.2023 for compliance and N.M. hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2024
Date: 13-08-2024
Business: Applicant No. 1 present.
Advocate R.D.Thorat for Applicant No.1 present.
None present for Respondent.
Adv. Mahesh Londhe for respondent No. 1 (a), 2(a) and 2( b) present.
keep back
Later on 12.20 p.m
Same appearance.
Heard argument of both sides on Notice of Motion No. 3115/19 and Exh. 16
Adjd to 26.08.2024 for Order on NM and Exh. 16/further argument.
Next Purpose: NM ORDERS
Next Hearing Date: 26-08-2024
Date: 26-08-2024
Business: Adv. Mahesh Londhe a/w Adv. Saurabh Deorukhkar i/b M/s Sanjay Udeshi and Co. for respondent No. 1(a), 1 ( b) and 2 (a) present.
Adv. Shruti Chavan h/f R.D. Thorat for Applicant No. 1 present.
Advocate Botlawar h/f Metakari for defendant No. 4/BMC present.
keep back
Later on 4.30 p.m.
As Court is busy in urgent Ad-interim hearing, hence matter adjourned.
Adjd to 28.08.2024 for Order on NM and Exh. 16
Next Purpose: NM ORDERS
Next Hearing Date: 28-08-2024
Date: 28-08-2024
Business: Adv. Mahesh Londhe a/w Adv. Saurabh Deorukhkar i/b M/s Sanjay Udeshi and Co. for respondent No. 1(a), 1 ( b) and 2 (a) present.
Adv. R.D. Thorat for Applicant No. 1 present.
Advocate Botlawar h/f Metakari for Respondent No. 4/BMC present.
F. R. S. R following order is passed in Exh. 16
ORDER
Application below exhibit-16 is rejected.
As Court is busy in dictating order in Exh. 16, matter is adjourned for NM Order
Adjd to 12.09.2024 for Order on NM No. 3115/2019
Next Purpose: NM ORDERS
Next Hearing Date: 12-09-2024
Date: 12-09-2024
Business: Court is on leave
Next Purpose: NM ORDERS
Next Hearing Date: 23-09-2024
Date: 23-09-2024
Business: Adv. Shruti Chavan h/f R. D. Thorat for Applicant No. 1 present.
Advocate Botlawar h/f Metakari for Respondent No. 4/BMC present.
Adv. Saurabh Deorukhkar i/b M/s Sanjay Udeshi and Co. for respondent No. 1(a), 1 ( b) and 2 (a) present
As Court is busy in ad-interim hearing and NM Order, hence matter adjourned
Adjd to 04.10.2024 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 04-10-2024
Date: 04-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Shruti Chavan h/f R.D. Thorat for Applicant No. 1 present.
Advocate Botlawar h/f Metakari for Respondent No.4/BMC present.
Adv Satardekar for i/b M/s Sanjay Udeshi and Co. for respondent No. 1(a), 1 ( b) and 2 (a) present
Adv. Ali Aqdas Khan i/b S. Shamim and Co for deft No. 3 and 5 present.
keep back
Later on
As Court is busy in HCTB matter and ad-interim hearing in LC No. 6208/2024 to 6211/2024,
Adjd to 11.10.2024 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 11-10-2024
Date: 11-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Shruti Chavan h/f R. D. Thorat for Applicant No. 1 present.
None present for defendant/BMC – N Ward
Adv. Saurabh Deorukhkar i/b M/s. Sanjay Udeshi and Co. for Respondent No. 1(a), 1(b) and 2 (a) present.
As Court is busy in dictating judgment in Suit No. 3855/2013, hence matter adjourned
Adjd to 17.10.2024 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 17-10-2024
Date: 17-10-2024
Business: CORAM H.H.J. SHRI S.H. SALUNKHE C.R. No. 04
Advocate Shruti Chavan h/f R. D. Thorat for Applicant No. 1 present.
None present for defendant/BMC - N Ward Adv. Saurabh Deorukhkar i/b M/s. Sanjay Udeshi and Co. for Respondent No. 1(a), 1(b) and 2 (a) present Later on Adv. Ajinya Kadam i/b Sanjay Udeshi for Respondent present. F.R.S.R Following order is passed in Notice of motion No. 3115/2019 ORDER 1.Notice of Motion is hereby made absolute in following terms a) Mrs. B. B. Gawade, Assistant Registrar, Board Department of this Court is hereby directed to file complaint against plaintiff namely Premji s/o. Ratansi Gada, herein, for an offence punishable under Section 193 of The Indian Penal Code in the Court of learned Metropolitan Magistrate having jurisdiction. b)Necessary document for filing complaint be supplied to the concerned officer, c) A copy of this order be forwarded to the concerned Assistant Registrar for further compliance. Later on Adv Shruti Chavan for Applicant in M.A. tendered application below Exh20 for stay of execution order in NM 3115/2019. Adv for Respondent gave reply. Hence matter adjourned for hearing on Exh. 20. Adv Mahesh Londhe for Respondent No. 1(a), 1(b) and 2 (a) present. Adjd to 23.10.2024 for hearing on Exh. 20/ further cross-examination of AW 2/R.E.P.H.
Nature Of Disposal: ALLOWED
Disposal Date: 17-10-2024