Date: 07-10-2019
Business: By praecipe
Advocate Dhamal for plaintiff present and filed draft notice of motion along with affidavit in support. T.O.R.
Advocate Mr. Giri for defendant /MCGM present.
Heard advocate for plaintiff.
Adv. Giri sought time as he can not argue in absence of instructions. However he made a statement that the suit premises will not be demolished. The statement is accepted. Defendant shall abide by the statement till passing of ad-interim orders by this Court.
Authenticated copy of roznama be given to the parties.
The case is adjourned to 09.10.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Advocate Dhamal for plaintiff present.
Advocate Giri for defendant/MCGM present.
Mr. Sagar Karpe, Asstt. Engineer B and F department L ward present and makes a statement that defendants 1 to 3 are withdrawing impugned notice dated 20.07.2019 issues u/s 351 of MMC Act and the speaking order dated 29.08.2019 passed in its pursuance. The statement is recorded and accepted.
KB
LO at 5.45 pm,
Same appearance.
Advocate for defendant filed list of documents. TOR and marked as Exh. 2
Leave is granted to register NM.
The case is adjourned to 16.10.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Advocate Dhamal for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present and submitted that advocate Giri is unable to attend today due to death of his relative.
With consent, the case is adjourned to 23.10.2019 for Ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Advocate Dhamal for plaintiff present and filed original Notice of Motion No.3831/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Giri for defendant/MCGM present and filed reply cum Written Statement. TOR and marked as Exh.3
Reply cum Written Statement.
Heard advocate for plaintiff.
The case is adjourned to 24.10.2019 at 2.45pm for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 24-10-2019
Date: 24-10-2019
Business: Advocate Dhamal for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present and filed list of documents. TOR and marked as Exh.4.
Partly heard advocate for plaintiff and defendant/MCGM.
The case is adjourned to 04.11.2019 for ad-interim hearing.
Next Purpose: HEARING
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Advocate Dhamal for plaintiff present.
Advocate Mr. Giri for defendant /MCGM present.
With consent NM is being heard finally.
The case is adjourned to 06.11.2019 at 2.45pm for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Advocate Dhamal for plaintiff present.
Advocate Giri for defendant/MCGM present.
Heard advocate for defendant/MCGM.
The case is adjourned to 11.11.2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: Advocate Mr. Dhamal for plaintiff present.
Advocate Mr. Giri for defendant/MCGM present, prayed for adjd.
Due to change in assignment both side to re-argue.
Matter is adjd. for NM order on 02.12.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: Adv. Dhamal for Plaintiff present, submits that it was argued before the predecessor of this court and matter is posted for order, therefore he preferred transfer petition, prayed for adjd.
Adv. Mhatre for Defendant present.
Case is adjourned to 29/01/2020 for re-argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: adjd 07.02.2020
Next Purpose: ARGUMENTS
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Advocate Dhamal for plaintiff present.
Proceedings indicate that the matter was pertaining to Court No.11. Advocate Dhamal submitted that by an order dated 09.12.2019 in TA No.265/19, the then In charge Principal Judge has transferred the suit to Court No.34 for limited purpose of passing order in NM No.3831/19.
The matter did not come up before this Court till 29.01.2020.
Before the scheduled date of 29.01.2020, this Court came to be designated as Special Court to deal exclusively with the cases under The Scheduled Castes and Scheduled Tribes (POA) Act 1989 and all the cases pending before CR No.34 were transferred to other Courts.
The proceedings indicate that NM was heard in the month of November 2019 i.e. prior to two months from today. Even otherwise this Court will have to hear the parties again due to such lapse of time.
In such circumstances, Registrar (Civil) to place the matter before the Honble Principal Judge for assignment of the suit to appropriate Court.
The case is adjourned to 13.02.2020 for hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv. for Plaintiff absent.
Adv. Mrs. Mhatre for deft./MCGM present.
Mr. Maksud Ali Shaikh, Plff is present.
Matter is adjd.for NM hearing on 28.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Adv. Mr. Dhamal for plff., prayed for adjd.
Adv. Mrs. Mhatre for deft./MCGM present.
Mr. Maksoodali, plff is present.
Matter is adjd. for NM hearing on 18.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: None for plaintiff, hence adjd.
Adv. Ms. Mhatre for Deft./MCGM present.
Matter is adjd. for n/m hrg. on 29.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2020
Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-05-2020
Date: 20-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Business: Adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: Adv. Dhamal for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present and requests for short adjournment.
Matter is adjd.to 15.01.221 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Adv. Dhamal for plaintiff present.
Adv. Mhatre for deft./MCGM present and requested for short adjournment.
Matter is adjd. to 22/01/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Adv. Mr. Dhamal for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present.
Matter is adjourned for NM hearing to 06.02.21.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Adv. Mr. Dhamal for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and submitted that today officer is not available.
Defendant is directed to keep present concern officer on next date.
Matter is adjourned for hearing to 10.02.21.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. Mr. Dhamal for plaintiff present.
Adv. Ms.Mhatre for deft./MCGM present and submitted that the officer is pressing the documents. She requested for short adjournment.
Defendant corporation is directed to produce the documents on next date without fail.
Matter is adjourned for NM hearing to 17.02.21.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv. Dhamal for plff. present with plaintiff.
Adv. Mhatre for deft./MCGM present.
Officer Vinod Bhabal Sub eng. (SWM Project) present and filed affidavit alongwith documents. t.o.r. and marked at Exh-5.
Copy of the affidavit and documents is served to plaintiff.
Matter is adjourned for N/M hearing to 08.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv. Mr. Dhamal for plaintiff present and requested short adjournment.
Adv. Ms. Mhatre for deft./MCGM present with officer Mr. Vinod Bhabal, Sub Engineer, SWM Project, L/ward.
Matter is adjourned for NM hearing to 22.03.21.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv. Mr. Dhamal for plaintiff present and filed rejoinder.
Adv. Ms. Mhatre for deft./MCGM present.
By consent matter is adjourned for NM hearing to 07.04.21.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Due to COVID-19 board is discharged.
Earlier order if any, to continue till next date.
Matter is adjourned for NM hearing to 30.06.21.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
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. Dhame for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM hearing to 12.11.2021.
Next Purpose: NM FOR HEARING
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. Mohan Dhame for plaintiff present.
Adv. Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM hearing to 17.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv. Mr.Dhamal for plaintiff is present.
Adv. Mr. Khandagale for Defendant/MCGM is present.
Adv. for the plaintiff orally requested for time to for NM hearing.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 09/02/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 28.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv. Mr. Dhamal for plaintiff is present and orally requested time for NM hearing. Granted strictly as a last chance. In default to argue the matter on the next date, the interim order would stand vacated.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 18.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. Mr. Dhame for the plaintiff is present and orally requested time for NM hearing. Granted strictly as a last chance.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 19.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Adv. Mr. Dhamal present for the plaintiff and orally requested time for NM hearing. Granted strictly as a last chance.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adjourned for NM hearing to 16.11.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Adv. Mr. Dhamale for the plaintiff is present and orally requested for time to argue the NM, as he is not feeling well. Time is granted. The plaintiff is called upon to file written submissions on NM.
Adv. Mr. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for written submissions to 30.01.2023.
Next Purpose: HEARING
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: Adv. Mr. Dhamal for the plaintiff is present. He informed that the plaintiff is no more and requested for time to take steps. Time is granted lastly.
Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for steps/written submissions on NM to 01.03.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: Adv. Mr. Dhamal present for plaintiff.
Adv. Mrs. Chavan for defendant/MCGM is present.
Earlier order to continue till next date.
Adjourned for Steps to 03.04.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-04-2023
Date: 03-04-2023
Business: PO is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: Adv. Mr. Dhamal for the plaintiff is present and orally requested for time to bring legal heirs of deceased plaintiff. Sufficient time is already granted. Hence, adjourned lastly for steps. In default, the suit would stand disposed of as abated.
Adv. Mr. G. O. Giri for defendant/MCGM is present.
Earlier Order if any, to continue till next date.
Adjourned for steps/suitable order to 10.08.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: Adv. Mr. Vishal Dhamal for the plaintiff is present and requested time to bring LRs on record. Sufficient time is already granted. Since January, 2023, the matter is pending for steps. Hence, this request is discarded.
Adv. Khandagale h/f Adv. S.S. Chavan for defendant/MCGM is present. Earlier order, if any, to continue till next date.
Adjourned for suitable Order to 16.09.2023.
Next Purpose: ORDER
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: None present for the plaintiff.
Adv. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present. Earlier order, if any, to continue till next date.
Adjourned for suitable Order to 03.11.2023.
Next Purpose: ORDER
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: None present for the plaintiff.
Adv. Mr. S.C. Khandagale h/f Mr. Giri for defendant/MCGM is present.
Adjourned for suitable Order to 06.12.2023.
Next Purpose: ORDER
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant/MCGM is present.
Adjourned for Order to 17.01.2024.
Next Purpose: ORDER
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Business: PO is on leave.
Next Purpose: ORDER
Next Hearing Date: 26-02-2024
Date: 26-02-2024
Business: None present for the plaintiff.
Adv. Mr. G.O. Giri for defendant Nos. 1 to 3/MCGM is present.
Order Below Exhibit 1 :
01. The record shows that firstly, on 30.01.2023, the advocate for plaintiff informed the Court that the plaintiff is no more and sought time to take suitable steps. However, till then, no steps are taken in this behalf. Even the time limit for bringing legal representatives of the deceased plaintiff is lapsed. Consequently, in view of demise of the sole plaintiff and failure to substitute his legal representatives on record, the suit stands disposed of as abated. All the pending applications, along-with NM No.3831/2019, are, hereby, filed. The parties to bear their own costs of litigation. Bill of costs be drawn-up accordingly.
After expiry of the Appeal period, 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: ABATED
Disposal Date: 26-02-2024