Indus Towers Limited - Suit Stamp No.9422 of 2018VsMCGM

Date: 23-07-2018
Business: Adv Dalal for plaintiff present and filed original NM 2686/18 alongwith affidavit t.o.r.
Adv Tondwalkar for def/BMC present.
Earlier order to continue till next date.
Adjourned to 25.07.2018  for ad-interim hearing at 11.30 am.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-07-2018

Date: 25-07-2018
Business: Adv Zubin Dalal a/w adv Prasad Dhande a/w adv Toufiq Kapadia i/b Link Legal for plaintiff present.
Adv Hajare for def/BMC present.
She filed list of documents alongwith affidavit marked at Exh.2 t.o.r.
Adv for plaintiff filed citation as per the judgment of Hon\''ble High Court in Writ petition no.8101/11 the Municipal Corporation has no power to take action under the provision of Electric Act to disconnect the electricity supply. In view of this judgment of Hon\''ble High Court directions given to the defendant/BMC to allow the plaintiff to connect the electricity supply till the hearing of ad-interim.
Earlier order to continue till next date.
Authenticated copy of roznama be supplied to the parties
to the suit.
Adjourned to 07.08.2018  for ad-interim hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-08-2018

Date: 07-08-2018
Business: Court is vacant. Hence today board is discharged
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-09-2018

Date: 03-09-2018
Business: Court is vacant. Hence today board is discharged.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-10-2018

Date: 04-10-2018
Business: Earlier order to continue till next date.
Court is busy in hearing NM in suit no.1045/2010 and dictating order in EA 500/16, hence board is discharged and case is adjourned to 19/11/2018
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-11-2018

Date: 19-11-2018
Business: Court is busy in hearing Notice of Motion in stamp no.14765/18, suit no.1014/09, 1016/09, hearing and dictating order on Notice of Motion 1575/15 which is High Court expedited in suit no.948/15 and other urgent matters, hence afternoon session board is discharged and case is adjourned to 08/01/2019.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2019

Date: 08-01-2019
Business: Court is busy in dictating order on Notice of Motions in suit nos.1707/13, 2602/17 and court has to hear argument of NM in suit no.362/17, hence case is adjourned to 12/02/2019.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2019

Date: 12-02-2019
Business: (Incharge Court of C.R. No.11)
Adv. Amit for the Plaintiff Present.
Advocate Ms. Hajare for BMC/Deft present.
Earlier Order to continue till next date.
Case is adjourned to 11.4.2019 for NM Reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2019

Date: 11-04-2019
Business: As court is busy in urgent matters, hence adjourned.
Adjourned to 03.05.2019  for NM Reply.
Next Purpose: REPLY
Next Hearing Date: 03-05-2019

Date: 03-05-2019
Business: None for Plaintiff.
Advocate Ms. Chavan for defendant/MCGM present and sought time to file reply on NM. Time is granted. Plff. is also directed to get the suit registered on or before next date.
Earlier order to continue till next date.
The Case is adjd. To 23.07.2019  for  NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: Court is on leave. Hence today board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: As Court is busy in hearing ad-interim matters in ST No. 9431/19, Suit no. 2363/19 and also in hearing NM in Suit no. 598/16, 850/13 and ch/s hearing in suit no.825/18. The Court is also busy in dictating orders in suit no. 2363/19. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 04.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: As Court is busy in hearing ad-interim in 2474/19,  NM in SU no. 1961/19, 1118/19 and other matters on board. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 03.12.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: Advocate Shazad Irani for plaintiff present.
Advocate Mhatre for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 03/02/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Adv. Mr. Shahzad Irani for plaintiff, prayed for leave to register the suit- Leave is granted under MRTP Act, Plaintiff to register positively in one week.
Adv. Mrs. Tondawalkar for deft./MCGM present, prayed for adjd to file reply.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM reply on 20.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2020

Date: 20-02-2020

Date: 31-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
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: 16-10-2020

Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: HHJ is on leave. Hence today board is discharged
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: Due to surge in Covid-19 matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. Kamini Suhas for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 12.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Khairwal for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM reply to 22.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Adv. Ms. Kamini for plaintiff present.
Adv. Mr. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for NM reply to 16.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: Adv. Ms. Kamini Suhas for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 18.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: Adv. Mr. Khairwal for plaintiff is present.
Adv. Ms. Mhatre h/f Adv. Khandagale for defendant/MCGM is present
Earlier order, if any, to continue till the next date.
Adjourned for NM reply to 24.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Adv. Ms. Suvas for plaintiff is present.
Adv. Mr. Khandagale for defendants/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 24.08.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Adv. Ms. Kamini Suhas for the plaintiff is present.
Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for NM reply and WS to 04.11.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: None present for the plaintiff.
Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply no WS) to 09.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: Adv. Ms. Kamini Suhas for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present and requested for time to argue on NM. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply) to 08.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: Adv. Mr. Amit Khairwal for the plaintiff is present.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present and requested for time to argue on NM. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing (no reply) to 12.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: Adv. Ms. Kamini Suhas for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested for time to argue on NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 09.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2023

Date: 09-08-2023
Business: Adv. Mr. Divy Patel for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to argue NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing by defendant (No reply) to 13.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: Adv. Mr. Divya Patel for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to argue the NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing by defendant to 11.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2023

Date: 11-12-2023
Business: Matter pertains to C. R. No. 11
Adv. Mr. Druv Patel for the plaintiff is present.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for N/m hearing to 22/01/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: Adv. Mr. Divya Patel for the plaintiff is present and requested time to argue the NM. Time is granted.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing by plaintiff to 20.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2024

Date: 20-03-2024
Business: Adv. Mr. Divya Patel i/b Link Legal for the plaintiff is present and requested time to argue the NM. Time is granted.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 10.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2024

Date: 10-06-2024
Business: None present for the plaintiff to proceed with NM.
Adv. Mr. Arvind Rathod for defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 31.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2024

Date: 31-07-2024
Business: Adv. Mr. Divy Patel for the plaintiff is present.
Adv. Mr. Arvind Rathod for defendant/MCGM is present and requested time to argue the NM. Time is granted.
Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 25.09.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: Adv. Mr. Divya Patel for the plaintiff is present. Adv. Mr. Arvind Rathod for defendant/MCGM is present and sought time to argue the NM. Granted. Earlier order, if any, to continue till next date.
Adjourned for NM hearing by defendant (No reply) to 18.11.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2024

Date: 18-11-2024
Business: None present for the plaintiff. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/MCGM is present and sought time to argue the NM. Granted. Earlier order, if any, to continue till next date.
Adjourned for NM hearing by defendant (No reply) to 08.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2025

Date: 18-11-2024
Business: None present for the plaintiff. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/MCGM is present and sought time to argue the NM. Granted. Earlier order, if any, to continue till next date.
Adjourned for NM hearing by defendant (No reply) to 08.01.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2025

Date: 08-01-2025
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2025

Date: 24-02-2025
Business: None present for the plaintiff. Hence, matter is adjourned for NM dismissal for want of prosecution. Adv. Mr. Botlawar for defendant/ BMC is present.
Adjourned for NM dismissal to 05.04.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-04-2025

Date: 05-04-2025
Business: Adv. Mr. Darshan Jain for the plaintiff is present. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present. Today matter is listed for dismissal of NM. Advocate for plaintiff filed application of continuation of EOC and changing caption and keep matter next week for hearing. Advocate for the BMC opposed adjournment. However, in order to decide NM on merits. Matter adjourned for NM hearing, subject to payment of costs of Rs.2,000/-(Rs. Two Thousand) in favor of DLSA, Mumbai, till the next date. In default, the NM would stand dismissed. Earlier order, if any, to continue till next date.
Adjourned for costs/compliance/NM hearing to 11.06.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-06-2025

Date: 11-06-2025
Business: CORAM: H.H.J. SHRI. V. R. JAGDALE (C.R. NO.11)
None present for the plaintiff. Adv. Mr. Botlawar for defendant/ BMC is present. Order dtd 05.04.2025 is complied. Earlier order, if any, to continue till next date.
Adjourned for NM hearing  to 18.07.2025.
                                                                                                 Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2025

Date: 18-07-2025
Business: Adv. Mr. Ayush Morande for the plaintiff is present and submitted that senior advocate is not available and sought adjournment. Time is granted. Adv. Mr. Botlawar for defendant/BMC is present. Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 10.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-09-2025

Date: 10-09-2025
Business: None present for the plaintiff to proceed with the matter. Hence, NM posted for dismissal. Adv. Mr. V.G. Shinde for defendant/BMC is present. Earlier order, if any, to continue till next date.
Adjourned for NM dismissal to 29.10.2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-10-2025

Date: 29-10-2025
Business: Adv. Ms. Janhvi Pandey for the plaintiff is present and filed application for removal of caption. Taken on record. It is marked as Exhibit 3. O- Other side to say. Adv. Mr. Botlawar for defendant/ BMC is present and endorsed say on Exhibit . Heard. O – In view of reasons mentioned in the application, suit is removed from caption of dismissal. Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 01.11.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-11-2025

Date: 01-11-2025
Business: Matter pertains to C. R. No. 11
None present for the plaintiff. Adv. Mr. Botlawar for defendant/ BMC is present. Earlier order, if any, to continue till next date.
Adjourned for NM hearing to 15.12.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2025

Date: 12-11-2025
Business: By Praecipe matter is taken on today's board.
Adv. Mr. Aayush Morande for the plaintiff is present and filed additional affidavit to bring on record subsequent event at Exhibit 4 O- Seen and filed along-with application for unconditional withdrawal of suit at Exhibit 5. O- Filed. Adv. Mr. Botlawar a/w Adv. Mr. V. G. Shinde for defendant/BMC is present.
Order below Exhibit 1 :
	On behalf of the plaintiff Mr. Adarsh Diwakar Pandey, Sr. Executive- Legal is present in person and has filed application for unconditional withdrawal of suit vide Exhibit 5 and has also filed on record authority letter dtd. 18.10.2024.
	On perusal of authority letter it appears that plaintiff company has authorized him to prosecute and withdraw the suit.
 	Mr. Adarsh Diwakar Pandey, Sr. Executive- Legal is present and has reiterated the contents of Exhibit 5.
	In view of above fact the plaintiff company is not interested in prosecuting the suit. Hence,  I am inclined to pass following Order.
ORDER
01.	Suit is disposed of as withdrawn unconditionally.
02.	In view of above Order pending applications if any, NM No. 	2686/2018 disposed of.
Nature Of Disposal: ORDER
Disposal Date: 12-11-2025

Main Case No: SUIT/0100435/2020
Main Cnr: MHCC010086232018
Main Filing No: 111447

Filing Number: 109853/2018
Filing Date: 21-07-2018
First Hearing Date: 23rd July 2018
Decision Date: 12th November 2025
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE