Praful Premchand PatwaVsMCGM +1 more

Date: 05-11-2019
Business: Plaintiff absent and Adv. Mr. A. A. Pande present and filed registered notice of motion no. 4073/19 alongwith affidavit in support t.o.r.
Adv. Mrs. Dhuri  for defendant/MCGM present.
Heard Ld. Adv. For the plaintiff for ad-interim orders.
The corporation not to take coercive action till tomorrow.
Put up for ad-interim orders.
Matter adjd to 06/11/2019 for order.
Next Purpose: ORDER
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Plaintiff and Adv. Mr. Dubey present.
Adv. Mrs. Tondwalkar  for defendant/MCGM present. ORDER Heard Ld. Adv. for the plaintiff.  The defendant is yet to file reply.  The plaintiff was issued notice under Section 351 of the MMC Act on 20.07.2019, on the allegation that the unauthorized construction of structure with brick masonry wall ladi coba slab from 3rd to 5th Floors and GI Shed with room on terrace without permission from the competent authority.  The reply was filed by the plaintiff to the notice on 29.07.2019 and speaking order was passed on 19.10.2019.  The plaintiff had filed photocopies of the IOD, CC and Plan vide EB/8777/A.  The findings of the corporation on the said document is that the photocopies of the IOD, CC and Plan, as per the remark obtained from Assistant Engineer, Building Proposal City
Matter is adjd to 14.11.2019 for filing say.
Next Purpose: REPLY
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: CORAM  H.H.J SHRI. SANJAY N. YADAV (CR No.05)
Plaintiff and Adv. Present.
Adv. Mrs. Dhuri for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 21/11/2019 for reply.
Next Purpose: REPLY
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: Plaintiff absent and Adv. Mr. A. A. Pande present
Adv. Mrs. Rawade  for defendant/MCGM present and filed reply t.o.r.
Earlier order if any to continue till the next date.
Matter adjd to 28/11/2019 for hrg. On n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: Adv. Mr. A. A.Pande for plaintiff present.
Adv. Mrs. Rawade  for defendant/MCGM present and seeks time for argument.  Order- Granted time.
Earlier order if any to continue till the next date.
Matter adjd to 30/11/2019 for argument.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2019

Date: 30-11-2019
Business: CORAM . H. H. J. SHRI. R.V. KOKARE ( CR. NO. 06)
(INCHARGE COURT)
Matter pertains to CR No. 05
Plaintiff absent and Adv. Mr. Shobhit Shukla present.
Adv. Mrs.Dhuri/Rawade  for defendant/MCGM present.
Earlier order if any to continue till the next date.
Matter adjd to 03/12/2019 for hrg. On n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: Adv. A. A. Pandey for plaintiff present.
Adv. Mrs. Rawde for defendant  MCGM Present.
Both sides Heard.
Matter is adjd to 10.12.2019 for Nm Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: In inadvertently on roznama dtd. 03/12/2019 matter was wrongly shown as adjd. On 17/12/2019 instead of today.
Adv. Mr. Pande for plaintiff present.
Adv. Mrs. Rawade  for defendant/MCGM present.
Earlier order if any to continue till the next date.
As regular Stenographer is on leave.
Matter adjd to 11/12/2019 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: Adv. Mr. A. A. Pande for plaintiff present.
Adv. Mr. Suryavanshi for defendant/MCGM present.
F. R. S. R. Following order is passed on Notice of Motion No. 4073/2019-
                             O R D E R
The Notice of Motion No.4073/2019 is dismissed .
L. O. at 04.10 p.m.
Adv. Mr. Shobhit Shukla for plaintiff present and filed an application to continue earlier order t.o.r. and marked as Exh.
Order- EOC is extended till 20/12/2019 to prefer appeal.
Matter adjd to 30/01/2020 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Plaintiff and advocate absent.
Adv. Mrs. Rawade for the defendant  MCGM  present and seeks time for filling W/st. Order- Granted time.
Matter is adjd to 24/03/2020 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 06.05.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 28.05.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-07-2020

Date: 16-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: None present for plaintiff.
Adv Smt.Rawade for MCGM/defendant present.
Matter adjourned for WS to 15.01.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: None present for plaintiff.
Adv Nandanwar/Soraan present for MCGM/defendant.
Matter adjourned for WS to 17.02.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: None present for plaintiff.
Adv Soraan/Nandanwar (hf) present for MCGM/defendant.
Matter pertains to B-Ward.
Matter adjourned for WS to 04.03.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Adv Shukla present for plaintiff.
None present for MCGM/defendant.
Matter adjourned for WS to 15.06.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: Due to Covid-19 Matter is Adjourned to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: As court is busy in hearing arguments in suit st. no. 3986/2021
hence for want of time, Matter adjourned to.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: None present for plaintiff.
Adv. Sutar present for MCGM/defendant.
As plaintiff and his adv. absent, and As court is busy in hearing arguments on chs no. 870/2021 in suit no. 528/2014, and MA. no. 68/2021, passing order on  M. A. no. 68/2021, remaining board is discharged and, Matter adjourned for WS to 01/02/22.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Matter is adjd.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Adv. Sutar for MCGM/defendant
As Court is busy in dictating the orders. Hence, for want of time board is discharged.
Matter adjourned for written statement to 28/06/2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
Matter is adjd for RE on 11-08-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Adv. Ashok Singh for plaintiff present.
Adv. Vyavhare @ Sutar  for MCGM/defendant.
Written statement is not filed by the defendant corporation hence matter to proceed without written statement of defendant .
Matter adjourned for exparte evidence to 29/09/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Adv Dubey for Plaintiff present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present and tendered Draft NM along with affidavit in support and written statement. TOR. O- Leave is granted to register it. Copy served to other side.
On oral request made by advocate for plaintiff short adjournment is granted as a last chance.
Matter is adjd for RE on 01-12-2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: P.O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Matter pertains to C.R. 05.
Adv. Shukla present for Plaintiff and he tendered original CHS 2246/19 @ affidavit tor.
Adv. Sutar present for def./BMC.
Earlier order if any to continue till the next date
Matter is adjd for NM hearing  on 21-02-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: As court is on leave. Hence, matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: Adv. Shukla h/f Adv. A. A. Pande for Plaintiff present.
Adv. Ms. Vyavahare for MCGM present.
On oral request of Ld. Adv. for plaintiff matter is adjourned as last chance.
Earlier order, if any, to continue till next date.
Matter is adjd to 24.08.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Adv. Shobhit Shukla h/f Adv. A. R. Pande for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
The defendant is directed to register the draft NM on or before next date.
Matter is adjd  to 17.10.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: Adv. Shobhit Shukla h/f Adv. A. R. Pande for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
Ld. Adv. For MCGM has tendered registered NM No. 3332/23 along with affidavit in support.  TOR.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 19.12.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: Adv. Deepanjali h/f Adv. A. R. Pande for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 27.02.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Adv. Deepanjali h/f Adv. A. R. Pande for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 04.04.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: Adv. Deepanjali h/f Adv. A. R. Pande for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 25.06.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: Adv. Shobhit Shukla h/f Adv. A. R. Pande for Plaintiff present.
Adv. Om Suryawanshi for Defendant/MCGM present.
Ld. Adv. for plaintiff has filed say on overleaf of NM No. 3332/23. Taken on record.
Heard arguments of both sides on NM No. 3332/23.
Matter is adjd  to 29.06.2024 for order on NM No. 3332/23.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: Adv. Shobhit Shukla h/f Adv. A. R. Pande for Plaintiff present.
Adv. Sachin Vajale for defendant/BMC present.
FRSR the following order is passed -
Order on NM No.3332 of 2023
1. Notice of Motion No. 3332 of 2023 is allowed in terms of prayer clause (a) and (b).
2. Delay in applying for permission to file written statement is condoned and the defendant/MCGM is permitted to file written statement on record.
3. Notice of Motion stands disposed off accordingly.
Exh.1 - Plaint.
Exh. 2 -Vakalatnama of Plaintiff.
Exh. 3 - Memorandum of address.
Exh. 4 - List of documents.
Written statement of defendant/MCGM which is already taken on record on 29.09.2022 is marked at Exh. 5. O- R and R.
Matter is adjd  to 26.08.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-08-2024

Date: 26-08-2024
Business: None for Plaintiff.
Adv. G. V. Jawale for MCGM present.
Matter is adjd  to 08.11.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-11-2024

Date: 08-11-2024
Business: Adv. Pathak h/f Adv. A. R. Pande for Plaintiff present.
Adv. A. K. Nandanwar for MCGM present.
Matter is adjd  to 22.01.2025  for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-01-2025

Date: 22-01-2025
Business: Adv. Shobhit Shukla h/f Adv. A. R. Pande for Plaintiff present
Adv. G. V. Jawale for MCGM present.
Matter is adjd  to 07.04.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-04-2025

Date: 07-04-2025
Business: Adv. Shobhit Shukla h/f Adv. A. R. Pande for Plaintiff present
Adv. G. V. Jawale for MCGM present.
Matter is adjd  to 30.06.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-06-2025

Date: 30-06-2025
Business: Adv. Ayman Khan h/f Adv. A. R. Pande for Plaintiff present
Adv. G. V. Jawale for MCGM present.
Exh. 6 - issues are framed.
Matter is adjd to 02.09.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2025

Date: 02-09-2025
Business: Adv. Pathak h/f Adv. A. R. Pande for Plaintiff present and requested for short adjournment. It is granted.
Adv. Chaitanya Dalvi for Defendant/MCGM present
Matter is adjd  to 09.10.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-10-2025

Date: 09-10-2025
Business: None present for plaintiff, failed to adduce evidence.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd  to 17.01.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-01-2026

Date: 17-01-2026
Business: Adv. Pathak h/f Adv. Shobhit Shukla for Plaintiff present and requested for short adjournment. It is granted.
Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd  to 17.03.2026  for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2026

Date: 17-03-2026
Business: Adv. Shobhit Shukla h/f Adv. A. R. Pande for Plaintiff present and filed affidavit of evidence of PW No. 1 Praful Premchand Patwa. TOR and marked at Exh. 7. O- R and R. Copy served to other side.
He has also filed list of documents. TOR and marked at Exh.8. Copy served to other side. O- Other side to say.
Adv. V. G. Shinde for Defendant/MCGM present.
Matter is adjd to 23.04.2026 for say on Exh. 8/evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-04-2026

Date: 23-04-2026
Business: The P. O is on leave. Hence, matter is adj to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-07-2026

Date: 18-07-2026
Business: Adv. Priti Thakur h/f Adv. Shobhit Shukla for Plaintiff present.
Adv. Sangita Honmane for defendant/MCGM present and requested for short adjournment. It is granted.
Matter is adjd  to 05.09.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-09-2026

Date: 05-09-2026
Business: In view of office order No. 270/2026 dated 04.09.2026 on account of Gopalkala holiday is declared. Hence, adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-10-2026

NOTICE OF MOTION/104073/2019
NOTICE OF MOTION/103332/2023

Filing Number: 111818/2019
Filing Date: 01-11-2019
First Hearing Date: 05th November 2019
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE