Mrs. Zulekha Hanif KhanVsThe Asst. Municipal Commissioner And Anr

Date: 17-09-2019
Business: Advocate Ansari Kalim for plaintiff present original Notice of Motion No. 3239/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms. Chavan for defendant /MCGM present and submitted that matter is wrongly posted for reply.
Earlier order to continue till next date.
The case is adjourned to 23.09.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Advocate Ansari A. Kalim for plaintiff present and sought extension of time to serve writ of summons.
Advocate Ms. Chavan for defendant /MCGM present and requested to keep back the matter.
KB
LO at 4.45 pm
Same appearance.
Mr. Rajendra Gawari Jr. Engineer S ward (B and F) present.
Advocate for MCGM filed additional list of documents. TOR. and marked as Exh. 3
Heard.
Plaintiff has sought ad-interim injunction on the ground that the Mobile Tower Company has already filed regularisation application under provisions of MRTP Act. Plaintiff also seeks direction to defendant to decide regularisation application dated 20.06.2019 by Mobile Tower Company. Liberty is also sought by the plaintiff to file on-line application for regularisation.
Perusal of proceeding reveals that notice u/s 55 of MRTP Act was given on 20.04.2019.
Documents filed by defendant reveals that, in response to said notice the Mobile Tower company has moved an on-line application for regularisation of said Tower on 06.05.2019.  Defendant\''s communication to said Mobile Tower Company reveals that the regularisation proposal came to be rejected on 20.05.2019.
The plaintiff however has approached this Court without disclosing these facts.
The notice is issued on 20.04.2019.  The suit is filed on 06.07.2019.  Plaintiff had ample time to apply for regularisation. However this is not done till filing of the suit.
Considering plaintiff\''s conduct, the plaintiff is not entitle to ad-interim relief.
Advocate for plaintiff relied upon the Judgment dated 15.02.2019 of Hon\''ble Bombay High Court in Writ Petition lodging no. 500/19. Considering the circumstances of present case, with respect, I hold that the authority cited supra is not applicable to present case. Hence the order -

ORDER
1. Ad-interim relief as sought is refused.
2. Defendant to file reply to Notice of Motion.
3. Order of status quo dated 17.07.2019 is vacated.
Advocate for plaintiff filed application for stay. TOR and marked as Exh. 4
Perused. Heard.
While rejecting ad-interim relief, this Court has observed that plaintiff has prima facie suppressed material facts. The status quo granted on 17.07.2019 was on the ground that defendant was to confirm the address of Mobile Tower mentioned in letter dated 28.06.2019.  In the course of hearing today, the documents pertaining to the Mobile Tower on suit address are brought on record revealing that the regularisation application was already rejected.  In such circumstances, present application can not be considered. It is rejected.
Authenticated copy of roznama be given to the parties.
The case is adjourned to 11.11.2019  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Advocate Mr.Ansari for plaintiff present.
Advocate Mr. Chavhan for defendant/MCGM present.
Matter is adjd. for NM reply on 24.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Adv. Mr. Ansari for plaintiff present.
Adv. Mrs. Chavhan for deft./MCGM, prayed for adjd to file reply.
Matter is adjd. for NM reply on 15.06.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Due to surge in Covid-19 matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-12-2021

Date: 23-12-2021
Business: P.O. is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: Adv. Mr. Ansari for plaintiff is present.
Adv. Mr. Khandagale h/f Ms. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Adjourned for NM reply and WS to 29.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Granted strictly as a last chance.
Adjourned for NM reply and WS to 14.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: None present for plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Adjourned for NM reply and WS to 08.09.2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: None present for the plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and filed reply along-with list of documents. TOR. She is called upon to supply copy of NM reply and documents to the plaintiff.
Adjourned for NM hearing to 01.11.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: None present for the plaintiff to proceed with the matter.
Adv. J.V. Mhatre for defendant/MCGM is present.
Adjourned for NM dismissal to 22.12.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: None present for the plaintiff.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
The Court is busy in other urgent matters in Court Nos. 8 and 9.
Adjourned for NM dismissal to 18.02.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: Even today, none present for the plaintiff to proceed with the suit. Hence, NM No. 3239/2019 stands dismissed in default.
Adv. Mrs. S.G. Chavan for defendant/MCGM is present.
Adjourned for WS to 13.04.2023.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 18-02-2023

Main Case No: SUIT/0102029/2019
Main Cnr: MHCC010068782019
Main Filing No: 111447

Filing Number: 109400/2019
Filing Date: 26-08-2019
First Hearing Date: 17th September 2019
Decision Date: 18th February 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE