Prema Ramnath Shetty - Suit St. No. 9381 of 2019VsMCGM And Ors

Date: 13-09-2019
Business: None for plaintiff.
Adv. Mrs. R.M. Hazare for Deft/MCGM present.
On oral request of Ld. Adv. for defendant, adjournment is granted.
Plaintiff is directed to register the suit and NM on or before the next date.
Adjd to 19/11/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: N.O.B.T.O.B
(By precipice)
Adv. Tanna for plaintiff present.
Adv. Mrs. R.M. Hazare for Deft/MCGM present.
On oral request of Ld. Advocate for plaintiff , adjourned date is preponed.
Adjd to 10-10-2019 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: (By precipe)
N.O.B.T.O.B.
Adv. N.K. Tanna for plaintiff present and requests  to prepone the date to 09-10-2019. request granted. Plaintiff shall inform to other side about the preponement.
Adjd to 09-10-2019   for NM reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Adv. N.K. Tanna for plaintiff present and tendered Original registered NM No. 3389/19 along with affidavit in support and affidavit of undertaking of the plaintiff. t.o.r.
None for defendant.
KB
LO
Order
Ld. Adv. for the plaintiff requested this court on 07-10-2019 to prepone the matter to 09-10-2019, therefore, the matter is taken up today. Ld. Adv. for deft. /MCGM absent though served. Ld. Adv. for plaintiff requests to pass order of temporary injunction restraining deft./MCGM from taking coercive steps against the suit premises as stated in prayer clause (b) of NM No. 3389/19. after careful reading of roznama dated 27-08-2019, this court has already refused any ad-interim relief in favour of the plaintiff. The plaintiff could not bring any new fact on record to interfere in that order. The remedy for the plaintiff was to approach Hon\''ble High Court by filing A.O., if he was aggrieved by the order of this court. Merely because the deft./MCGM\''s officer came for demolition after refusal of ad-interim relief, the plaintiff cannot come to this court to stop the said action when no relief was granted to him earlier. For this reason the prayer in terms of prayer clause (b) of the NM is rejected.
Authenticated copies be given to the both parties.
Adjd to  10-10-2019 for NM Reply  .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Adv. N.K. Tanna for plaintiff present.
Adv. Mrs. R.M. Hazare for Deft 1,2 and 4/MCGM present and tendered reply to NM. Copy served to other side.
Adv. Sagar Joshi for deft. no.3 present.
KB
LO
Court is busy in hearing old NMs, ad-interim matters. Hence, adjourned.
Adjd to 11-10-2019  for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2019

Date: 11-10-2019
Business: Adv. N.K. Tanna for plaintiff present.
Adv. Mrs. R.M. Hazare for Defts no. 1,2 and 4/MCGM present.
Adv. Sagar Joshi for deft.no. 3 present.
KB
LO
Heard both side in NM.
Adjd to 15-10-2019  for  NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Business: F.R.S.R. following order on N/M no. 3389/19 is passed
ORDER
1. Notice of Motion No. 3389 of 2019 is partly allowed.
2. The TAC shall convene meeting in presence of structural auditors of both contesting parties and discuss the issues highlighted in the order dated 19.06.2019 in A.O.(St.) No.11348 of 2019 as mentioned in the earlier paragraph of this order.
3. If the TAC comes to the conclusion that the NDT Tests in the column in foundation are not possible, brief reasons there for be assigned and the TAC will be free to take its decision independently and submit fresh report within a period of four weeks from today.
4. After the report is submitted by the TAC, defendant no. 1/MCGM will be free to take appropriate action in accordance with the directives and in accordance with the law.
5. Costs in cause.
Nature Of Disposal: OTHER
Disposal Date: 15-10-2019

Filing Number: 109866/2019
Filing Date: 11-09-2019
First Hearing Date: 13th September 2019
Decision Date: 15th October 2019
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE