Date: 17-09-2019
Business: Advocate B.P.Shukla for plaintiff present and tendered disposed of Ch./s no. 1619/19 along with affidavit in support TOR.
Advocate for plaintiff also tendered original Notices of Motion No. 3351/19 and 3362/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Giri for defendant/MCGM present.
Advocate for plaintiff filed list of documents. TOR and marked as Exh. 4
Heard advocate for both parties on NM No. 3351/19.
F.R.S.R. following order is passed in NM No. 3351/19
ORDER
1. Ad-interim relief sought is refused.
2. Defendant to file reply to the NM 3351/19.
LO at 5.25pm
Same appearance,
Advocate for plaintiff filed application seeking extension of ad interim order for two weeks. TOR and marked as Exh. 5.
O- Other side to say
Perused. Heard.
In this case, there are two notices of motion. While hearing motion no. 3362/19 for grant of ad-interim relief this Court had granted ad-interim relief considering that the representation by the plaintiff was pending before defendant. At the same time it was observed that the terrace sought to be protected was a recent development. Thus the ad-interim relief was granted only on the ground of pendency of representation.
Today, while hearing the notice of motion no. 3351/19 this Court has refused the ad-interim relief. The refusal of ad-interim relief is refusal of injunction sought to restrain defendant from implementing the notice and the order deciding the representation of the plaintiff. Thus, the ad-interim relief granted in NM no. 3362/19 stands vacated in the light of order passed in NM no. 3351/19.
contd...../-
SU 2363/19 contd.....
Once, the ad-interim relief is refused on merits, no question arises to grant any protection further. Hence the application is rejected.
Authenticated copy of roznama be given to the parties.
The case is adjourned to 11.11.2019 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: Advocate Mr. Yadav h/f Adv. Mr. Shukla for plaintiff present, prayed for adjd. to file reply on Ch/s.
Advocate Mr. G.B. Naik for applicant in Ch/s no.1833/19 tendered Registered Ch/s no.1833/19.
Advocate Mr. Giri for defendant/MCGM present.
Matter is adjd. for Ch/s reply on 22.11.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Court is on leave. Hence today board is discharged. Hence adjd.to
Next Purpose: C/S REPLY
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Adv. Mr. B.P. Shukla for Plaintiff, prayed for adjd to file reply on ch/s. Parties to note it is expedite by Hon\''ble H.C. As per order in A.O.25954/19, dtd. 20.09.2019.
Adv. Mr. Giri for deft./MCGM present.
Adv. Mr. G.B. Naik for applicant present.
Matter is adjd.for Ch/s reply on 05.12.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Adv. Mr. Yadav for plff., submits that plff is not available for affirmation of reply, prayed for adjournment.
Adv. Ms. Mhatre for deft./MCGM present.
Adv. Ms. Patel for applicant present.
Matter is adjd. for CH/s reply (HCTB) on 12.12.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Adv. Mr. Shukla for Plaintiff, submitted reply on ch/s no.1833/19, adv. Mr. Shukla undertake to supply copy to applicant.
Adv. Mrs. Tondawalkar for deft./MCGM present.
Matter is adjd.for argument on NM and Ch/s on
17.12.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Adv. Yadav h/f Adv. Shukla for plaintiff, prayed for adjournment for supply copy of reply to applicant.
Adv. G. B. Naik for applicant present.
Adv. Mhatre for deft./MCGM present.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing to 20.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Adv. Mr. B. P. Shukla for plaintiff submit that, he is ready for argument on Ch/s obtained by applicant and to supply copy of reply to him. However, none is present on behalf of applicant.
Adv. Mrs. Tondwalkar for deft./MCGM present.
K. b.
L. O. at 04 35 p.m.
Adv. Mr. G. B. Naik for applicant present.
Heard arguments of both sides.
F. R. S. R. Following order is passed on Chamber Summons no.
O R D E R
1) The Chamber Summons No.1833/2019 is made absolute .
2) Plaintiff to carry out the amendment on or before next date, proposed defendant be mentioned as defendant no.2.
3) The Chamber Summons No. 1833/2019 is disposed off accordingly.
Note- Ld. Adv. Mr. Shukla for plaintiff requested to stay the order. However, Notice of Motion is expedited by the Hon\''ble High Court as per order in AFO No. 25954/2019 dtd. 20/09/2019. Hence, no stay is granted. ON the contrary no express executory order is passed by this Court, therefore no question of stay would arise.
Both side to argue on Notice of Motion on next date.
Matter is adjd. 03/01/2020 for hrg on nm. (H/C T.B.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: (Matter pertains to C.R.No.11).
Adv. B.P. Shukla for plaintiff present.
Heard learned advocate for plaintiff.
Exh.7- Appln. filed by adv. for plaintiff.- Time granted for one week.
Adjd. to 15.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Adv. Mr. Yadav for plaintiff present.
Adv. Mrs. Tondawalkar for deft./MCGM present.
Mr. Ingulkar, officer of MCGM present.
Adv. Mr. G.B. Naik for deft no.2 present, submits that copy of plaint and motion is not supplied by Plff, pllf to comply.
Exh.8- Application filed by plff- extension of 10 days granted to carryout amendment.
Exh.9- Documents submitted by MCGM.
Both side to note matter is High court time bound.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing on 17.01.2020 at
12.15 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Adv. Mr. B.P. Shukla for Plaintiff present.
Adv. Mrs. Tondawalkar for deft./MCGM present.
Adv. Mr. G.B. Naik for deft no.2 present, copy of NM is not supplied by plff.
Exh.10- Affidavit with compilation submitted by deft no.2.
Matter is adjd.for NM hearing on 24.01.2020 at
12.15p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Adv. Mr. Yadav for plaintiff present.
Adv. Mrs. Tondawalkar for deft./MCGM present.
Adv. Mr.G.B. Naik for deft no.2 present.
Heard arguments of both side on NM no.3351/19, 3362/19.
Matter is adjd. for NM order on 04.02.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv. Mr. Yadav for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Not possible to reach.
Matter is adjd. for NM order on 13.02.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv. Mr. B.P.Shukla for plaintiff present.
Adv. Mrs. Mhatre h/f adv.Mrs.Tondwalkar for deft./MCGM present.
F.R.S.R. following order is passed on NM no.3351/19, 3362/19.
ORDER
1. NM no. 3351/19 and 3362/19 stands dismissed.
2. Both above Notice of Motion are disposed of
accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 13-02-2020