Mr. Rajesh Kumar GuptaVsThe Asst. Municipal Commissioner +1 more

Date: 21-08-2019
Business: (Matter pertains to CR No.8 )
By praecipe
Advocate Ansari for plaintiff present.
Advocate Khandagale for defendant/MCGM present.
Heard. Perused.
Though the plaintiff has come with the case that a notice is received by him dated 18.05.2018 calling upon him to submit the documents to prove authenticity/permission for installation of mobile tower, the copy produced at Exh. A to the plaint is of order, of removal of notice structure, passed u/s 3Z-2 sub section 4. The plaintiff has not challenged the notice dated 25.04.2018 mentioned in said order dated 18.05.2018.  It is also not the case of the plaintiff that no such notice dated 25.04.2018 is received by the plaintiff. This reveals that, prima facie, the due process of law is followed by the defendant.
    Adv. for plaintiff submitted that an application for regularization is filed by the mobile tower company before defendant no.1.  Till such application is decided interim protection be granted.
     Such request could have been accepted by this Court as the plaintiff come with clean hands before the Court. The plaintiff has come with a  case that only notice is received though he has received a final order of removal of unauthorised  constructions. In such circumstances, considering plaintiff\''s conduct no relief as sought can be granted. Hence the order
                                         ORDER
1. Ad-interim relief sought in terms of prayer clause (a) of NM is refused.
2. Leave is granted to register the NM.
3. Defendant to file reply to NM.
Authenticated copy of roznama be given to parties.
The case is adjourned to 16.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Adv. Ansari Asaggar kalim for plaintiff present and tendered original NM 3260/19 along with affidavit in support.
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
On oral request of Ld. Adv. for defendant, adjournment is granted.
Adjd to 20/12/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: None for plaintiff.
Adv. Mrs. D.D. Patil h/f Adv. Khandagale for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted
LO 3.10 pm
Adv. Ansari Asggar Kalim  for plaintiff present and tendered original writ of summons.
Earlier order, if any, to continue till next date.
Adjd to 15-04-2020  for  N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020

Date: 22-04-2020
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 REPLYREJOINDER
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: due to lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: As per direction of Hon''ble High Court , due to heavy rain, holiday is
declared on 23.09.2020 and matter is adjd to 07-12-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft /MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 22/02/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: (Matter pertains to C.R.No.08)
Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Khandagale for deft no.1 and 2 /MCGM present and requests for time to file reply to NM. Time is granted till next date.
None for deft no.3.
Earlier order, if any, to continue till next date.
Matter adjd to 09/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Due to Covid-19 SOP, matter is adjourned till next date.
Matter adjd to 23/06/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: CORAM H.H.J. D. D. ALMALE, (C.R.NO.06)
(Matter pertains to C.R. No. 08)
Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Tonwalkar for defendant No.1 and 2/MCGM present.
Earlier order, if any, to continue till next date.
Adjd. To 06-10-2021 for NM Reply.
                                                                                In-charge Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 24/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-11-2021

Date: 06-10-2021
Business: Adv Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Adjd. To 13/12/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2021

Date: 24-11-2021
Business: Adv. Shirish Shigwan h.f. Adv. Ansari Assgar Kalim for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant /MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Matter is adjd to 03/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant /MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Adjd. To 14/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Advocate Ansari Asggar Kalim for the Plff Present.
Advocate Tondwalkar for Deft / MCGM Present.
 Both parties sought time for taking directions in respect of keeping matter before Lok Adalat from concerned parties, hence, on request, Matter is adjd for NM Reply on 02/03/2022.
Earlier order, if any, to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Adv Shirish Shigwan h/f Adv Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
By consent of both the parties, matter is referred to National Lok-adalat will be held on 12.03.2022 at 10.30 a.m.
Earlier order, if any, to continue till next date.
Adjd. to 12/03/2022 for National Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022

Date: 12-03-2022
Business: Parties absent.
As parties absent, could not be settled.
Matter is adjd to 25.4.22.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Adv. Mr. Sigwan h/f Adv. Ansari Asggar Kalim for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Matter is kept before National-Lok-Adalat will be held on 07.05.2022 at 10.30 a.m.
Advocate for Plaintiff is directed to keep his client present on 07.05.2022 at 10.30 a.m.
Earlier order, if any, to continue till next date.
Adjd. To 07/05/2022 for Lok-Nayalay.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 07-05-2022

Date: 07-05-2022
Business: None for plaintiff.
Adv Tondwalkar for defendant / BMC present.
Matter stands Adj to 14/06/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: As Court is on leave today, board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Matter is already referred to National Lok-Adalat will be held on 13/08/2022.
Both parties are directed to remain present on 13/08/2022 at 10.30 a.m.
Earlier order, if any, to continue till next date.
Adjd. to 13/08/2022 for National Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: NATIONAL LOK ADALAT HELD ON 13-08-2022 (PANEL-VII)
Matter pertains to CR No.04
None for plaintiff present.
Adv Tondwankar for defendant/BMC present.
Matter is adj to 12-10-2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 23/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: As Court is busy in urgent ad-interim hearing, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 08/02/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Chavan h.f. Adv. Mr. Suryavanshi for defendant/ BMC is present and requested for time to file reply to NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjd. to 10/04/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Adv. Mr. Ansari Asggar Kalim for plaintiff present.
Adv. Mr. Suryavanshi for defendant / BMC is present.
Earlier order, if any, to continue till next date.
Matter is referred for National Lok-Adalat will be held on 30.04.2023.
Both parties are directed to remain present before National Lok-Adalat at 10.30 A.M..
Adjd. to 30.04.2023 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 30-04-2023

Date: 30-04-2023
Business: NATIONAL LOK ADALAT HELD ON 30.04.2023 (PANEL- X)
Matter pertains to CR No.4
None present for plaintiff
Advocate Suryawanshi for defendant/BMC present.
Settlement not arrived at.
Matter posted before regular Court.
Matter is adjd to 12-07-2023
        Panel Head                                             Panel Member
HHJ Smt. A.H. Kashikar                         Adv. Smt. Nalini Sonawane
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-07-2023

Date: 12-07-2023
Business: Advocate Jyoti mazkar h/f Ansari  for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is gratned.
Adjd to   13.09.2023  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Advocate Ansari for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present and seeks time to file reply to NM. Time is granted. Earlier order, if any, to continue till next date.
Adjd to 15.12.2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: As PO is on training at Uttan, matter is adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: As Court is busy in ad-interim matter,  dictating notice of motion order and due to paucity of time, matter adjourned.
Matter adjourned NM reply to 12/04/2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: As Court is busy in dictating Judgment in Suit No. 1705/2016, Board is discharged, hence matter adjourned.
Earlier order, if any, to continue till next date.
Adjd  to  24.06.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: None present for plaintiff
Advocate Botlawar  for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance as suit is of year 2019. hence matter adjourned
Adjd  to  14.08.2024   for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2024

Date: 14-08-2024
Business: None present for plaintiff
Advocate Botlawar  for defendant/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance.
Adjd  to  25.09.2024   for NM Reply  and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2024

Date: 25-09-2024

Date: 06-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
None present for defendant/BMC
Adjd  to 06.12.2024    for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2024

Date: 06-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate   Honmane  for defendant/BMC present.
Today matter is listed for NM Hearing. However roznama shows that since long neither plaintiff nor his adv remains present. The suit is of year 2019, hence matter adjourned and kept for dismissal of NM.
The writ of summons Exh. 5 has been served upon deft/BMC on 04.10.2019 but BMC has not filed WS. Statutory period for filing WS is over. Hence suit to proceed without WS of deft/BMC.
Adjd  to 21.12.2024 for  dismissal of NM
Later on 3.30 p.m
Adv. Ansari Kalim for plaintiff present and submitted that he was under impression that matter is for NM Reply and requested time to argue NM and requested to change the date
Adjd to 13.01.2025 for NM Dismissal / NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2025

Date: 13-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Ansari Kalim for the plaintiff is present and sought time to argue on NM. The plaintiff is directed to file written submissions on NM. In default, the NM would stand dismissed. Adv. Mr. Swapnil Bharti h/f Adv. Ms. Honmane for defendant/MCGM is present.
Adjourned for written submissions on NM/R.E.( No WS) to 14.02.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-02-2025

Date: 14-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sujata Puri for defendant/ MCGM is present. The matter is kept back.
Later on at 3.10 pm.
Adv. Mr. Ansari Kalim for the plaintiff is present and sought time to file written submissions on NM. Sufficient time is already granted. Hence, time is granted strictly as a last chance, subject to payment of costs of Rs. 5,000/- (Rs. Five Thousand) in favour of the DLSA, Mumbai, till the next date. In default, the suitable Orders would follow. Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adjourned for Costs/Compliance/filing written submissions on NM (No Reply)/dismissal to  03.03.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-03-2025

Date: 03-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
Adv. Mr. Ansari Kalim for the plaintiff is present. He informed that plaintiff is not in contact and he is not responding even to comply with the order of costs. Hence, the suit may be disposed of. Adv. Ms. Sujata Puri for defendant/MCGM is present.
Order below Exhibit No. 01:
      In view of the statement of advocate for the plaintiff, it is clarified that the plaintiff is not worried to proceed further with the suit, which is more than 5 years old. In the result, the suit is dismissed for want of his prosecution. All the pending applications, along-with NM No.3260 of 2019, are filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
	The Original documents filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 03-03-2025

NOTICE OF MOTION/103260/2019

Registration Number: 102305/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 109040/2019
Filing Date: 14-08-2019
First Hearing Date: 21st August 2019
Decision Date: 03rd March 2025
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE