Suyog Telematics Ltd. Through Mr. Shivshankar LatureVsThe Asst. Municipal Commissioner +2 more

Date: 07-10-2019
Business: (By precipe)
N.O.B.T.O.B.
Adv. Ansari Asggar Kalim for plaintiff present and tendered draft NM along with affidavit. Leave is granted to register the NM.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama.
Exh. 3 - Memo of Address.
Exh. 4 - List of documents.
Heard both sides in ad-interim relief.
Order on ad-interim relief.
Perused NM, plaint, documents annexed to the plaint and heard both sides. According to Ld. Adv. for plaintiff, the deft./MCGM\''s officer is giving threat to demolish the telecommunication tower without following due process of law. Ld. Adv. for deft./MCGM submits that as per his instruction the deft./MCGM has followed due process of law and copy of speaking order is served to the plaintiff. However, no document is filed by deft./MCGM. Hence, ad-interim relief in terms of prayer clause (a) is granted till next date. If the deft./MCGM will show on next date that the deft./MCGM has served copy of speaking order to the plaintiff on or before the date of filing of suit i.e. 07-10-2019, then the conduct of the plaintiff will be noted and further order will be passed.
Authenticated copies be given to the both parties.
Adjd to 18-10-2019 for NM Reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: Adv. Ansari Asggar Kalim for plaintiff present and tendered original NM NO. 3847/19 along with affidavit and also tendered original writ of summons.
Adv. Mr. S.C. Khandagale for Deft no. 1 and 2/MCGM present and tender description of documents.
None for defendant no. 3.
Deft. no. 3 has failed to file reply today. Hence,  NM will be heard without reply of deft. no. 3.
On oral request of advocate for Defendants no. 1 and 2, adjournment granted.
Earlier order, if any, to continue till next date. However, this order will not prevent deft./MCGM from issuing fresh notice in respect of the subject matter mobile tower and take action in accordance with law.
Authenticated copies be given to the both parties.
Adjd to 20-01-2020  for  NM Reply of deft. no. 1 and 2.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Adv. Ansari for plaintiff present.
Earlier order, if any, to continue till next date.
Mattear adjd to 11.03.2020 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: None for Plaintiff.
Adv. Khandagle for MCGM/Deft. present.
Earlier order, if any, to continue till next date.
Matter adjd to 22.04.2020 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: due to lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: As per direction of Hon''ble High Court , due to heavy rain, holiday is
declared on 23.09.2020 and matter is adjd to 07-12-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft no.1 and 2/MCGM present and requests for time to file reply to NM. Time is granted till next date.
None for deft no.3.
Earlier order, if any, to continue till next date.
Matter adjd to 22/02/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: (Matter pertains to C.R.No.08)
Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Khandagale for deft no.1 and 2 /MCGM present and requests for time to file reply to NM. Time is granted till next date.
None for deft no.3.
Earlier order, if any, to continue till next date.
Matter adjd to 09/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Adv. Ansari Asgar Kalim for plaintiff present.
Adv. Khandagale for deft/MCGM present and filed reply to NM No.3847/19. TOR. Copy be supplied to other side.
He also tendered list of documents, TOR and marked at Exh.5.
Copy be supplied to other side.
Officer Mr. Manoj S. Hulge, Junior Engineer, M/East Ward, MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 23/06/2021 for NM Hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: CORAM H.H.J. D. D. ALMALE, (C.R.NO.06)
(Matter pertains to C.R. No. 08)
Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Tonwalkar for defendant No.1 and 2/MCGM present.
None for defendant no.3.
Earlier order, if any, to continue till next date.
Adjd. To 06-10-2021 for NM Reply.
                                                                                In-charge Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
None for defendant no.3.
Earlier order, if any, to continue till next date.
Adjd. To 24/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Adv. Shirish Shigwan h.f. Adv. Ansari Assgar Kalim for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant /MCGM is present and seeks time to file reply to NM. Time is granted till next date.
None for Defendant No.3
Earlier order, if any, to continue till next date.
Matter is adjd to 03/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/ MCGM present.
None for defendant no.3.
Earlier order, if any, to continue till next date.
Adjd. To 14/02/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Advocate Ansari Asggar Kalim for the Plff Present.
Advocate Tondwalkar for Deft / MCGM Present.
 Both parties sought time for taking directions in respect of keeping matter before Lok Adalat from concerned parties, hence, on request, Matter is adjd for NM hearing on 02/03/2022.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Adv Shirish Shigwan h/f Adv Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
By consent of both the parties, matter is referred to National Lok-adalat will be held on 12.03.2022 at 10.30 a.m.
Earlier order, if any, to continue till next date.
Adjd. to 12/03/2022 for National Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022

Date: 12-03-2022
Business: Advocate Shirish for Plaintiff present. Mr. Rahul Jadade from the office of Suyog Telematics Ltd present. Adv. Tondvalkar for BMC M/W and M/E present. After discussion, matter could not be settled. Hence adjd to 25.4.22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Adv. Mr. Sigwan h/f Adv. Ansari Asggar Kalim for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Matter is kept before National-Lok-Adalat will be held on 07.05.2022 at 10.30 a.m.
Advocate for Plaintiff is directed to keep his client present on 07.05.2022 at 10.30 a.m.
Earlier order, if any, to continue till next date.
Adjd. To 07/05/2022 for Lok-Nayalay.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 07-05-2022

Date: 07-05-2022
Business: None for plaintiff.
Adv Tondwalkar for defendant / BMC present.
Matter stands Adj to 14/06/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: Adv. Jyoti Mishra h/f. Ansari Asggar Kalim for plaintiff present.
None for defendants.
Earlier order, if any, to continue till next date.
Adjd. To 01.08.2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2022

Date: 01-08-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant Nos. 1 and 2/ BMC is present.
None for deft. No. 3
Matter is already referred for National Lok-Adalat will be held on 13/08/2022.
Earlier order, if any, to continue till next date.
Adjd. to 13/08/2022 for Lok-Adalat.
L.O.
Adv. Ansari Asggar Kalim for plaintiff present.
Both parties are directed to remain present before National Lok-Adalat will be held on 13/08/2022 at 10.30 a.m.
Alrady adjd. to 13/08/2022 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: NATIONAL LOK ADALAT HELD ON 13-08-2022 (PANEL-VII)
Matter pertains to CR No.04
None for plaintiff present.
Adv Tondwankar for defendant/BMC present.
Mr. J.E. Pednekar and Ms. Chavan Sub-Engineer, BFD M-East ward are present.
None present for other defendant.
Matter is adj to 12-10-2022.
L.O. at 12.25 pm
Plaintiff is present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Adv. Ansari Asggar Kalim for plaintiff present and requested time to argue on N/M. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present
None for deft. Nos.3.
Earlier order, if any, to continue till next date.
Adjd. to 23/11/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: None for plaintiff. Matter is pending for N/M hearing. There is earlier order however, none present for plaintiff hence, earlier order is not continued.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present.
None for deft. No.3.
Adjd. to 30/01/2023 for N/M hrg.
L.O. at 03.30 p.m.
Adv. Ansari Asggar Kalim for plaintiff present and requested for continuation of earlier order hence, earlier order is continued.
Earlier order, if any, to continue till next date.
Already adjd. to 30/01/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Mrs. Chavan h/f Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present.
None for defendant No.3.
Adv. for plaintiff submitted that he has not yet received copy of N/M reply. Hence, defendant/ corporation is directed to supply copy of reply to N/M to the plaintiff till next date.
Earlier order, if any, to continue till next date.
Adjd. to 01/03/2023 for supply copy of N/M reply to plaintiff and N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2023

Date: 01-03-2023
Business: Adv. Ansari Asggar Kalim for plaintiff present.
Adv. Mr. Suryavanshi for defendant Nos.1 and 2/ BMC is present and supplied copy of N/M reply to the plaintiff.
None for defendant No.3.
Earlier order, if any, to continue till next date.
Adjd. to 10/04/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Adv. Ansari for plaintiff is present and requested for time to argue NM stating that he has to take instruction from plaintiff on reply filed by the corporation to NM.
Adv. Mr.Suryavanshi for defendant no. 1 and 2/ BMC is present and opposed adjournment stating that reply has been filed in the month of April-2021.
Defendant no.3 present.
Advocate for plaintiff requested to keep back.
LO
Adv. Ansari for plaintiff prayed for adjournment.
Adv. Mr.Suryavanshi for defendant/ BMC is present and opposed. O- Allowed as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 03.05.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: Adv. Mr. Ansari for plaintiff present.
Adv. Mr. Suryavanshi for defendant no. 1 and 2/ BMC is present.
None for defendant no.3.
KB
LO
Same appearance.
Heard argument of both sides on NM.
Earlier order, if any, to continue till next date.
Adjd. to 12.06.2023 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: Matter pertains to C.R. No.04.
Adv. Mr.Shigvan h/f  for adv. Ansari Asggar Kalim plaintiff present.
Adv. Suryavanshi for  deft. no. 1 & 2/M.C.G.M. present.
None for deft. no.3.
Earlier order, if any, to continue till next date.
Adjd. to 26/06/2023 for N/M Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: Matter pertains to C.R. No.04.
Adv. Mr. Ansari Asggar Kalim plaintiff present.
Adv. Suryavanshi for D/1 &2/M.C.G.M. present.
None for D/3.
Earlier order, if any, to continue till next date.
Adjd. to 14/7/2023 for N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-07-2023

Date: 14-07-2023
Business: Advocate Ansari for plaintiff present.
Advocate Suryavanshi for defendant No.1 and 2/BMC present.
None present for defendant No. 3
As court is busy in dictating Judgment and Ad-interim orders, due to paucity of time, matter adjourned for NM Order.
Earlier order, if any, to continue till next date.
Adjd to 04.08.2023 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-08-2023

Date: 04-08-2023
Business: Adv. Ansari Kalim for plaintiff present
Advocate Suryavanshi  for defendant No.1 and 2/BMC present.
None present for def No. 3
FRSR following order is passed in NM No. 3847/2019
ORDER
Notice of Motion  No. 3847/2019 is dismissed
L.O.
Adv for plaintiff tendered application for continuation of EOC. Marked as Exh. 6 O- Other side to say.
Adv Suryavanshi for defendant/BMC filed say on Exh. 6.
Heard argument of both sides on Exh. 6
Order on below Exh.6
1.   After pronouncing the order on NM, Adv for plaintiff moved this application for continuation of EOC. Adv for corporation strongly opposed prayer for continuation of EOC.
2.   Heard Adv for the parties and perused record and proceeding.
3.  The NM for temporary injunction has been dismissed. The plaintiff intends to challenge order dismissing NM. It appears that ad-interim relief was continued during the pendency of NM. Hence, I pass following order.
ORDER
Earlier order is continued for two weeks.
Plaintiff directed to take steps against  defendant No.3
Adjd  to 25.09.2023 for  WS of defendant No. 1 and 2/bMC /Steps against def No. 3
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: None for plaintiff
Adv. Mr. Suryavanshi for D/1 and 2/B.M.C. present and adopted reply to Notice of Motion-T.O.R. and marked as Exh.7.
The plaintiff has not taken steps against D/3 hence adjourned for dismissal of suit against D/3 for want of steps.
Adjd to 20/12/2023 for dismissal of suit against D/3.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: None present for plaintiff.
Advocate Suryavanshi  for defendant/BMC present.
Suit is today posted for dismissal against deft No. 3 for want of service of writ of summons as plaintiff has not filed affidavit of service. However it is necessary to issue writ of summons to deft No. 3 through Bailiff of office of sheriff. Hence matter adjourned for service of writ of summons through Bailiff. Plaintiff to provide copy and necessary documents to be served upon deft No.3.
Later on 1.32 p.m
Adv Ansari for plaintiff present and tendered report of Bailiff marked as Exh. 8.
It appears from the report of the bailiff that writ of summons has been served upon deft No. 3 but he did not appeared and suit to proceed Exparte against deft No. 3
Adjd  to  20.03.2024    for Hearing on issues/ Draft issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-03-2024

Date: 20-03-2024
Business: PO is on leave, hence board is discharged and matter is adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: None present for plaintiff.
Advocate Botlawar for defendant No. 1 and 2/BMC present.
Parties has not filed draft issues, hence matter adjourned for framing issues.
Adjd  to 06.09.2024  for framing issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-09-2024

Date: 06-09-2024
Business: None present for plaintiff
Advocate Botlawar for defendant/BMC present.
Adjd  to 19.10.2024   for  framing of issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None for plaintiff.
Advocate Pooja Nagarthawar for defendants/BMC present.
As Court is busy in order in Ch/s No. 68/2024 and Ch/s 66/2024 and in NM No. 1386/23. Hence due to paucity of time matter adjourned.
Adjd  to 23/10/2024 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-10-2024

Date: 23-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Sujata  Puri   for defendant/BMC present.
Exh. 9  Issues framed
Adjd  to 11.12.2024   for list of witness /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-12-2024

Date: 11-12-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Nikita Kamble h/f Kalim for plaintiff present and submitted that Adv on record is having personal difficulty and requested for adjournment
Advocate  Sujata Puri   for defendant/BMC present.
Adjd  to  17.02.2024   for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2025

Date: 17-02-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the matter. Adv. Ms. Sangita Honmane h/f Adv. Ms. Sujata Puri  for defendant No. 1 and 2/MCGM is present. None present for defendant No. 3
Adjourned for RE. to 16.06.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2025

Date: 16-06-2025
Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
None present for the plaintiff. Adv. Ms. Sujata Puri for defendant/MCGM is present.
Adjourned for filing of evidence/RE to 16.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-07-2025

Date: 16-07-2025
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-09-2025

Date: 10-09-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
No evidence affidavit filed by the plaintiff.
Adjourned for RE./dismissal to 08.10.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-10-2025

Date: 08-10-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Pooja Nagarthawar for defendant Nos. 1 and 2/MCGM is present.
No evidence affidavit filed by the plaintiff.
Adjourned for RE./dismissal to 26.11.2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-11-2025

Date: 26-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Rupali Patil h/f Adv. Vyavhare for defendant No. 1 and 2/MCGM is present.
Adjourned for RE./dismissal to  14.01.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-11-2025

Date: 28-11-2025
Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04)
Not on Board Taken on Board
There appears element of settlement. Hence, matter is referred to ensuing Lok-Adalat.
Issue notice to the parties.
Adjourned for Lok-adakat report to 13.12.2025
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-12-2025

Date: 13-12-2025
Business: Matter pertains to Court Room No.04
None present for plaintiff.
Adv. Ms. Vidya V. Vyavahare for defendant/BMC is present.
Matter not settled.
Matter be posted to 25.02.2026 for appearance.
Next Purpose: DIRECTIONS
Next Hearing Date: 25-02-2026

Date: 25-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
	Plaintiff and his advocate are absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. As plaintiff is not attending the Court, it means, he is not keenly interested to proceed. Suit is pending since 2019. It would not be appropriate to keep the suit pending unnecessary for years together. Thus, suit stands dismissed for want of prosecution and finally disposed off.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 25-02-2026

NOTICE OF MOTION/103847/2019

Registration Number: 102630/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 110786/2019
Filing Date: 03-10-2019
First Hearing Date: 07th October 2019
Decision Date: 25th February 2026
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE