Swift Chemicals Pvt. Ltd.VsMCGM +1 more

Date: 30-08-2018
Business: By Precipe
Adv. Sonawane for plaintiff present.
Adv. Mhatre  for defendant no. / BMC present.
Order on ad-interim relief.
Perused the application, Heard both the sides. The plaintiff is seeking mandatory injunction at ad-interim stage which can be granted in rare cases only. The factory sealed on 20.7.17 and plaintiff is coming before the court on 30.8.18. Moreover, earlier suit were regarding cancellation lease deed and change of users. Therefore, opportunity will have to be given to the deft. corporation before passing any order of mandatory injunction. However, the deft. corporation is directed to submit is reply on next date without fail.
Matter adjd. to 6.9.18 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-09-2018

Date: 06-09-2018
Business: As Court is on leave today, Hence Board is discharged.
Matter is adjd to 12.09.2018
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-09-2018

Date: 12-09-2018
Business: Adv. Ms. Sunita Sonawane for Plaintiff present.
Adv. Mr. Gajanan Shinde with Adv. Mrs. Bhoir for Defendant/BMC present and tendered reply to N/m.
Leave is granted to register the N/m Returnable on next date.
Matter adjd. to 24.09.2018  for rejoinder/ N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2018

Date: 24-09-2018
Business: Adv. Vishal Phal with Adv. Sonawance for plaintiff present and tendered original Notice of motion no. 3482/18 alongwith affidavit.
Adv. Gajanan Shinde with Adv.Bhoir for defendant no. / BMC present.
Court is busy in ad-interim hearing in other urgent matters.
Matter adjd. to 27.9.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2018

Date: 27-09-2018
Business: Adv. Phal for plaintiff present.
Adv.Gajanan Shinde with adv. Bhoir for defendant no. / BMC present.
Order on ad-interim relief.
Perused the application, affidavit alongwith documents filed by the deft. corporation and heard both the parties. The plaintiff is challenging order dt. 12.2.2018 passed by designated officer  4            (M East ward) where by he has requested for approval to asst. commissioner (M East) to cut the water connection and electricity connection of the plaintiff factory situated in the premises of Deonar Abattoir. After reading the said order, it transpire that this an order u/s. 390 of the Mumbai Municipal Corporation Act for working of a factory of the plaintiff without permission of the commissioner. In this notice of motion the plaintiff is seeking reliefs that the deft. be directed to allow the plaintiff to carry on the business and issue necessary permission to the plaintiff and to grant necessary no objection certificate to the plaintiff to enable them to plaintiff to carry on the business. It means the plaintiff is seeking mandatory injunction to directed the authority to passed and order in particular way which that authority is empowered u/s. 390 of the Mumbai Municipal Corporation Act Act. As such the Civil court can not direct an authority to act in a particular way. If the deft. corporation passes any order in arbitrary manner or without following due process of law, then the plaintiffs can approach civil court seeking remedy against such order. At this stage the issue of lease deed can not be mixed with grant of permission u/s. 390 of Mumbai Municipal Corporation Act Act. And therefore, ad-interim relief is rejected.
Matter adjd. to 24.10.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-10-2018

Date: 24-10-2018
Business: Adv. Sunita Sonawane for plaintiff present and filed original writ of summons. Tor
Adv. Gajanan Shinde with Adv. Bhoir for defendant no. / BMC present.
Matter adjd. to 28.11.18 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2018

Date: 28-11-2018
Business: Adv. Mrs. Sunita Sonawane  for Plaintiff present.
Counsel Adv. Mr. Gajanan Shinde with Adv. Mrs. Mhatre h/f. Adv. Mrs. Bhoir for Defendant/BMC present.
Adjd. to 21.01.2019 for rejoinder/hearing.
Next Purpose: REJOINDER
Next Hearing Date: 21-01-2019

Date: 21-01-2019
Business: Adv Sunita Sonawane for plff present.
Adv Shinde with adv Mrs.Bhoir for BMC/deft. present.
Adjd to 28/01/2019 for rejoinder/NM hearing.
Next Purpose: REJOINDER
Next Hearing Date: 28-01-2019

Date: 28-01-2019
Business: Plff present. Adv for plff absent.
Adv Shinde with adv Bhoir for BMC/deft present.
K.B..
Later on..
Plff present. Adv Vishal Phal h/f adv Sunita Sonavane for plff present.
Adv Shinde with adv Bhoir for BMC/deft present.
Heard arguments of both side.
Adjd to 2/02/2019 for order.
Next Purpose: ORDER
Next Hearing Date: 02-02-2019

Date: 02-02-2019
Business: Adv Sonavane for plff present.
Adv Shinde for BMC/deft present.
K.B..
Later on..
Adv Sunita Sonavane for plff present.
Adv Shinde for BMC/deft present.
FRSR. The following order is passed.
Order on NM No.3482 of 2018 -
Notice of motion No.3482 of 2018 is dismissed.
Adjd to 14/03/2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-03-2019

Date: 14-03-2019
Business: Adv. Ms. Teja Rane for Plff present.
Counsel Mr. S. Kharatmol for MCGM/Deft present.
KB - LO at 12.45 p.m.
Adv. Ms. Teja Rane for Plff present.
Counsel Mr. Gajanan Shinde for MCGM/Deft present.
Ld. Adv. for Deft/MCGM has tendered WS. Ld. Adv. for Plff objects the same on the ground of delay as summons is served on 15/10/2018.  Roznama shows that matter is fixed for filing WS today only.  Hence, objection rejected and WS is taken on record.
Copy of WS is served.
Adjd to 30/4/2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-04-2019

Date: 30-04-2019
Business: Adv. Ms. T. Rane for plaintiff is present.
MCGM counsel Mr. Gajanan Shinde with Adv. Ms. Vyavahare h/f Adv. Mr. Bhoir  for Defendant/MCGM present.
Matter is adj. to 17/07/2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-07-2019

Date: 17-07-2019
Business: None for plaintiff.
None for defendants.
Exh. 3 - Issues are framed.
Adjd to 18.09.2019 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: None for plaintiff
Adv. Mr. S.C. Khandagale for Deft/MCGM present.
Adjd to 08-01-2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Adv. Ms. Sunita Sonawane for plaintiff present.
MCGM Council Adv Mr. Gajanan Shinde with Adv Ms. Patil h/f Mr. Khandagle for deft/ MCGM present.
Adjd. 10/02/2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2020

Date: 20-04-2020
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: RECORDING EVIDENCE
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Business: Adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: As Court is on leave, hence board is discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2021

Date: 18-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Adv Sunita Sonawane for plaintiff present and tendered pursis mentioning therein the new office address of advocate of plaintiff. The pursis is t.o.r. and marked as Exh.4.
Adv Gajanan Shinde with Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
On oral request of advocate for plaintiff to file evidence, matter is adjourned till next date.
Adjd. To 22/09/2021 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Adv Apurva h/f Adv Sunita Sonawane for plaintiff present and seeks time to file evidence of plaintiff. Time is granted till next date as a last chance.
Adv. Gajanan Shinde with Adv Mrs. Tondwalkar for Defendant/MCGM is present.
Adjd. To 10/11/2021 for plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: Adv Apurva Kulkarni h/f Adv Sunita Sonawane for plaintiff present and requests for time to file evidence of plaintiff.
Time is granted till next date.
Adv Gajanan Shinde with Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Adjd. To 24/11/2021 for filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Adv. Sunita Sonawane for Plaintiff present submitted that Plaintiff is not present. So prayed for last chace for filing evidence of Plaintiff. The adv for Plaintiff further submitted that, on the next date she will file affidavit of evidence or withdrawal her appearance. Time is granted as a last chance.
Adv. Gajanan Shinde with Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Matter is adjd to 05/01/2022 for filing evidence of Plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Mr Subhash Gupta, Authorized signatory of plaintiffs present.
Adv Gajanan Shinde with Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
On going through the previous Roznama, it reveals that sufficient chances were given to the plaintiffs to file evidence of plaintiff. Therefore, last chance is given to the plaintiff to file evidence. On next date, if he failed to file evidence of plaintiff, suit will be dismissed for want of prosecution.
Adjd. To 02/02/2022 for filing evidence of plaintiff / dismissal of suit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 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.
Adjd. to 21/02/2022 for filing evidence of plaintiff / dismissal of suit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: HHJ is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: Adv Sunita Sonawane for plaintiff present and tendered draft Chamber Summons along-with affidavit in support thereof. TOR. Leave is granted to register the Chamber Summons, returnable on next date. Copy is supplied to other side.
Adv Gajanan Shinde with Adv Mrs Tondwalkar for defendant / MCGM is present.
Adjd. To 27/04/2022 for Ch/s reply /filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Adv. Vedanti Mhatre h.f. Adv. Sunita Sonawane for Plaintiff present and tendered original registered Ch/s. No. 496/2022 along-with affidavit in support thereof. TOR .
Counsel Adv. Gajanan Shinde with Adv. Mrs Tondwalkar for defendant / MCGM is present and seeks time to file reply to Ch/s. No. 496/2022. Time is granted till next date.
Adjd. To 27/06/2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Adv. Vedanti Mhatre h/f Adv. Sunita Sonawane for tenanted affidavit of service.
Counsel Adv. Gajanan Shinde with Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply on Ch/S. Time is granted till next date.
Adjd. to 20/07/2022 for Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: Adv. Vedanti Mhatre h/r Adv. Sunita Sonawane for plaintiff present.
Counsel Adv. Gajanan Shinde with Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to Ch/S. Time is granted till next date.
Adjd. to 19/08/2022 for Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. Vedanti Mhatre h/f Adv. Sunita Sonawane for plaintiff present.
Counsel Adv. Gajanan Shinde with Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to Ch/S. Time is granted till next date.
Adjd. to 19/09/2022 for Ch/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: Adv. Vedanti Mhatre h/f Adv. Sunita Sonawane for plaintiff present.
Counsel Adv. Ganajan Shinde with Adv. Mrs. Tondwalkar for defendant/ BMC is present and tendered reply to Ch/S, TOR. Copy is supplied to other side.
Adv. for plaintiff requested time to argue on Ch/S. Time is granted till next date.
Adjd. to 16/11/2022 for Ch/S hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Adv. Sunita Sonawane for plaintiff present.
Counsel Adv. Gajanan Shinde with Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC and respondent is present and undertakes to file V/P on next date.
Heard arguments of both sides on Ch/S No.496/2022.
Adjd. to 12/12/2022 for order on Ch/S No.496/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. Sunita Sonawane for plaintiff present.
Adv. Ekta Mistry h/f Counsel Gajanan Shinde with Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Due to paucity of time, matter is adjourned.
Adjd. to 09/01/2023 for order on Ch/S No.496/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: Court is on leave today.
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: Adv. Nilesh Pashte h/f Sunita Sonawane for plaintiff present.
Counsel Gajanan Shinde with Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Court is busy in hearing urgent ad-interim matters. Hence, matter is adjourned.
Adjd. to 14/02/2023 for Ch/S order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: Adv. Mihir Pashte h/f Adv. Sunita Sonawane for plaintiff present.
Counsel Gajanan Shinde with Adv. Mr. Khandagale h/f Adv. Mrs. Mhatre for defendant/ BMC is present.
Due to paucity of time, matter is adjourned.
Adjd. to 15/02/2023 for Ch/S order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: None for plaintiff.
Counsel Gajanan Shinde with Adv. Mr. Suryavanshi for defendant/ BMC is present.
Following order is passed on Ch/S No. 496/2022-
O R D E R
1.  The plaintiff has taken out this Chamber summons under Order-VI Rule-17 of the Code of Civil Procedure for amendment in the plaint. It is contended that the plaintiff has filed this suit for declaration that order dated 12/2/2018 is illegal, null and void. It is further stated that during the pendency of the suit the Corporation has accorded its approval for handing over 28 plots to the Assistant Commissioner, Estate Department and respondent has taken over possession of the said plots. The plot No.74 is the subject-matter of the said letter handing over possession of the plots. Therefore, cause of action survive against respondent and, therefore, it is necessary to make the respondent, Assistant Commissioner, Estate Department as a party defendant to suit and necessary to carry out consequential amendment.
2.  The respondent denied contentions in Chamber Summons. It is stated that Chamber summons has been taken out to fill up the lacunae. It is filed with malafide intention and amendment will change nature of suit.
3.  Heard parties and perused Schedule of Amendment.
4.  It appears that by way of proposed amendment the plaintiff is seeking permission to incorporate contentions in the plaint with regard to the letter dated 25/1/2021 whereby 28 ancillary plots of Deonar Abator has been handed over to respondent, Assistant Commissioner, Estate Department. It appears that the subject-matter of the suit i.e. plot No.74 is also handed over by the defendant to respondent. The plaintiff is challenging the action initiated by the Corporation in respect of plot No.74 which is now handed over to the respondent, Assistant Engineer. The proposed amendment is just and necessary for complete and effective adjudication of the dispute. It is well settled that the Court should be liberal while considering the application for amendment if such amendment is not causing injustice to the other side and necessary for determining the real question in controversy. One of the object of the provisions of O-VI Rule-17 of the C.P.C. is to avoid the multiplicity of the proceedings. As earlier stated, the proposed amendment is just and necessary. The nature of suit is not likely to be changed. Therefore, Chamber Summons deserves to be allowed. Hence I pass following order -
O R D E R
1.  Chamber summons No.496/2022 is allowed in terms of prayer clause (a).
2. The plaintiff to carry out amendment as per schedule till next date and shall serve copy of amended plaint to other side.
Adjd. to 20/03/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Ms. A. A. Saundankar h/f. Ms. Sunita Sonawane, Advocates for plaintiff present and served copy of amended plaint on other side.
Adv. Mr. Suryavanshi for BMC present
Adjd. to 19.6.2023 for additional W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: Advocate Pashte h/f Adv Sunita Sonawane for plaintiff present.
Advocate Gajanana Shinde with Advocate Suryavanshi for defendant/BMC present and he has not served with amended plaint. Advocate for plaintiff submitted that he will serve copy of amended plaint to other side.
Exh.5 -Advocate for plaintiff filed application for extension time to carry out amendment.
O.- Other side to say.
Advocate for defendant/BMC has given say on Exh.5.
Adjd for service of amended plaint/argument/hearing on Exh.-5 to 21.07.2023.
Next Purpose: SERVICE
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: Advocate Mihir Pashte h/f Sonawane for plaintiff present.
Counsel Adv. Gajanan Shinde a/w Advocate Suryavanshi for defendant/BMC present.
Application Exh. 5 is not pressed by advocate of plaintiff. Hence Application Exh. 5 stands disposed off.
Adjd to 25.08.2023 for evidence of plaintiff/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: Advocate Mihir Pashte h/f Sonewane  for plaintiff present and tendered draft Chamber summons @ affidavit in support. O- Leave granted to register Ch/s. Copy is supplied to other side.
Counsel Adv. Gajanan Shinde a/w Advocate Suryavanshi  for defendant/BMC present and has given say on ch/s overleaf.
Following order is passed on draft Ch/S.
ORDER
1.      The plaintiff has taken out this ch/s under order 6 Rule 17 of CPC for amending the plaint as per schedule. The defendant/BMC opposed ch/s on ground that plaintiff is delaying in the trial of the suit.
2.    Heard Advocate for the parties.
4.    It is contended by the plaintiff that  def No. 3 has been joined as per the order passed in ch/s 496/2022. However inadvertently said ch/s plaintiff did not seek amendment in Para -33.Therefore has taken out ch/s. Therefor considering the fact of the case. Ch/s deserves to be allowed. Hence I pass following order.
ORDER
1. Draft Ch/s is hereby is hereby made absolute in terms of prayer clause (a)
2.  Plaintiff to carry out necessary amendment till next date.
3.  Copy of amended plaint served upon defendants
4. The plaintiff is directed to serve amendment plaint and annexture to the plaint.
4. Draft Ch/S stands disposed of accordingly and be registered for statistical purpose.
Adjd to 20.09.2023 for  service of writ of  summons upon def NO. 3 and compliance as per order in draft Ch/s.
Next Purpose: SERVICE
Next Hearing Date: 20-09-2023

Date: 20-09-2023
Business: Adv. Mr. Pashte h/f. Mr. Sonawane for plaintiff present tendered disposed of Chamber Summons No.1502/2023 and copy of amended plaint
Adv. Mr. Shinde with Mrs. Mhatre for the B.M.C. present
Adjd. for service of amended plaint on D/1 and 2 and service of Writ of Summons upon D/3 to 22/11/2023.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-11-2023

Date: 22-11-2023
Business: Advocate Saundankar h/f Sunita Sonawane  for plaintiff present and tendered writ of summons
Counsel Adv. Gajanan Shinde a/w Advocate Suryavanshi  for defendant/BMC present and submitted that draft of additional Written Statement is ready and officer is not present and requested for time. Time is granted.
Adjd  to 15.12.2023   for Filing Additional WS
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: As PO is on training at Uttan, matter is adjourned
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: Adv. Mihir Pashte for plaintiff present.
Adv. Gajanand Shinde a/w Suryavanshi for defendant/BMC present.
Perused the amended plaint and additional WS. The counsel of defendant submitted that as per the order of Hon’ble High Court corporation has issued licenses to the plaintiff u/s 394 of MMC Act.  Therefore suit became in fructuous, so issue may be frame to that effect. However the said proposed issue suggested by defendant/BMC is covered under issue no. 2 already framed below Exh. 3. Therefore no need for additional issues.
With the consent of both parties matter is referred to National Lok-adalt will be held on 03/03/2024.
Matter adjourned for Lok-adalat to 03/03/2024.
Next Purpose: REPORT
Next Hearing Date: 03-03-2024

Date: 03-03-2024
Business: NATIONAL LOK-ADALAT HELD ON 03.03.2024 (Panel No.V)
Matter pertains to C.R. No. 4.
Plaintiff and his Advocate are absent.
Ld. Adv. Mr. Om Suryawanshi for MCGM/defendant is present.
Concerned Officer is absent.
The case is adjourned to 02.05.2024.
Adv. Mr. Sanjay P. Patankar         Panel Member                           HHJ. SHRI. B. Y. PHAD
                                         Panel Head
Next Purpose: HEARING
Next Hearing Date: 02-05-2024

Date: 02-05-2024
Business: Advocate  Aarti Saudhankar h/f Sunita Sonawane for plaintiff present and requested time to file evidence.
None present for  defendant/BMC.
It appears that ch/s No. 1502/2023 was disposed of on 25.08.2023.  Hence be removed from CIS
Adjd  to 06.08.2024   for  plaintiff evidence/R.E.
Later on
Counsel Adv Gajanan Shinde for MCGM  present
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2024

Date: 06-08-2024
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-09-2024

Date: 10-09-2024
Business: Advocate Aarti Saundankar holding for Advocate Sunita Sonavane for plaintiff present. and submitted that draft of evidence is ready but plaintiff has not given instructions. Hence requested for adjournment. O - Granted.
Advocate Gajanan Shinde for defendant/BMC present.
Adjd  to 09.10.2024 for Plaintiff Evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Niraj More h/f Sonawane for plaintiff present and submitted that plaintiff is withdrawing the suit but authorized person is not available today. Hence matter adjourned.
Counsel Adv. Gajanan Shinde a/w Advocate Botlawar  for defendant/BMC present.
Adjd  to 08.11.2024     for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-11-2024

Date: 08-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Sunita Sonawane  for plaintiff present and tendered application for withdrawal of suit marked as Exh.6 alongwith company letter marked as Exh. 7
Counsel Adv. Gajanan Shinde a/w Advocate  Sujata Puri  for defendant/BMC present and has given say on Exh. 6 overleaf.
Director of the plaintiff company Ragini Muthe present and tendered application for withdrawal of the suit alongwith letter of the company. She admitted her signature and contents of the application of the withdrawal of the suit below Exh. 6. Adv for plaintiff submitted that the Director submitted that she is withdrawing the suit unconditionally.  Adv for plaintiff submitted that Authority letter will be submitted on next date. Hence matter adjourned
Adjd  to 27.11.2024   for R.E. / withdrawal of the suit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-11-2024

Date: 27-11-2024
Business: CORAM - H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Ms Chalke h/f Sonawane for plaintiff present and tendered application for withdrawal of suit Exh.8 alongwith Annexure - I marked as Exh. 9, Extract of the Resolution dated 12.11.2024 Exh. 10
Counsel Adv. Gajanan Shinde a/w Advocate  Honmane  for defendant/BMC present  keep back
Later on Order below Exh. 1   The Director of the plaintiff company Ragini Muthe DIN No. 02112910 filed  pursis below Exh. 9 for withdrawal of the suit. The extract of Resolution of Board of Director authorizing Ragini Muthe to withdrawn the suit has been filed below Exh. 10. The authorized signatory of the plaintiff company admitted her signature and contents of the application on 08.11.2024. Defendant/BMC submitted to pass necessary order.  The Director of the company submitted that suit be disposed of as withdrawn. Hence I pass following order.
ORDER
Suit is disposed of as withdrawn in view of application below  Exh. 8
Nature Of Disposal: WITHDRAWL
Disposal Date: 27-11-2024

CHAMBER SUMMONS/100496/2022
CHAMBER SUMMONS/101502/2023

Registration Number: 102241/2018
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 111653/2018
Filing Date: 24-08-2018
First Hearing Date: 30th August 2018
Decision Date: 27th November 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE