Borbadevi SRA CHS Ltd.VsThe Commissioner MCGM And Ors

Date: 25-11-2019
Business: Exh. 1 - Plaint
Exh. 2 - Vakalatnama.
Exh. 3 - Memo of Address.
Exh. 4 - List of documents.
Advocate Ms. Lavina Sarfare for plaintiff present and tendered  registered Notice of Motion no.4121/19 with affidavit in support, t.o.r.
Advocate Mr. Shivaji Yadav for Defendant no.3 present and filed vakalatnama, t.o.r and marked as Exh.5. he has also tendered Written Statement Exh.6 and reply to NM, t.o.r.
Adv. Mr. S.C. Khandagale for Deft no.1 and 2/MCGM present.
On oral request of advocate for Defendant on.1 and 2, adjournment granted.
Earlier order, if any, to continue till next date.
Time extended till next date for service of writ of summons.
Case is adjourned to 17/02/2020 for Service/hearing of NM.
Next Purpose: SERVICE
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv.Lovina Sarfare for plaintiff present and tendered original writ of summons. t.o.r. Exh-7.
Adv. Khandagle for MCGM/Deft.No.1 and 2 present.
None for defendant No.3.
The service is done on all defendants as per writ of service.
KB L.O.
Adv.Shivaji Yadav for defendant No.3 is present.
Earlier order, if any, to continue till next date.
 Matter adjd to 22.04.2020 for NM reply to defendant No.1 and 2.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REST0STORATION OF SUIT
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 REST0STORATION OF SUIT
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: due to lockdown
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: Earlier order, if any, to continue till next date.
Matter adjd to 22/02/2021 for NM Reply by deft no.1 and 2/MCGM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: (Matter pertains to C.R.No.08)
Adv. Ms. Veena Vora 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.
Adv. Priya Peravi for deft no.3 present.
Earlier order, if any, to continue till next date.
Matter adjd to 07/04/2021 for NM Reply by deft no.1 and 2/MCGM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 21/06/2021 for NM Reply by deft no.1 and 2/MCGM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant nos.1 and 2/MCGM is present.
Adv Shivaji Yadav for defendant no.3 present.
On oral request of advocate for defendant nos.1 and 2 / MCGM to file reply to NM, matter is adjourned till next date.
Earlier order, if any, to continue till next date.
Adjd. To 23/09/2021 for NM reply by defendant nos.1 and 2 /MCGM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: None for plaintiff.
Adv Smita Chavan h/f Adv Tondwalkar for defendant no.1 and 2 / MCGM present and requests for time to file reply to NM. Time is granted till next date.
Adv Shivaji Yadav for defendant no.3 present.
Adjd. To 15/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Adv. Prajapati for Plaintiff present.
Adv. Mrs. Tondwalkar for Defendant No. 1 and 2/MCGM is present and seeks time to file reply to NM. Time is granted till next date.
Adv. Shweta Raje for Defendant No.3 present.
Earlier order, if any, to continue till next date.
Matter is adjd to 21/01/2022 for filing reply by Defendant No.1 and 2/MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: In view of office order no.7/2022 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 next date.
Adjd. to 09/03/2022 for filing reply by Defendant No.1 and 2/MCGM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: None for plaintiff.
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 20/04/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: None for plaintiff.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 13/07/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Adv. Aditya Mandavkar for plaintiff present.
Adv. Mrs. Tondwalkar for defendant Nos. 1 and 2/ MCGM is present and requested time to file reply to N/M. Time is granted till next date.
Adv. Shweta Raje for deft. No. 3 present.
Earlier order, if any, to continue till next date.
Adjd. to 07/09/2022 for N/M reply by deft. Nos. 1 and 2.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: None for plaintiff.
Adv. Mrs. Rawade h/f Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
None for deft. No.3.
Earlier order, if any, to continue till next date.
Adjd. to 17/10/2022 for N/M reply by deft. Nos.1 and 2/ BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant Nos.1 and 2/ BMC is present  and requested time to file reply to N/M. Time is granted till next date.
None for deft. No.3.
Earlier order, if any, to continue till next date.
Adjd. to 02/12/2022 for N/M reply by deft. Nos.1 and 2/ BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: None for Plaintiff.
Adv. Sutar h.f. Adv. Tondwalkar for Defendant No. 1 and 2/BMC present.
None for Defendant No.3.
Earlier order, if any, to continue till next date.
Adjd. to 20/02/2023 for N/M reply by deft. Nos.1 and 2/ BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: As Court is busy in urgent N/M hearing and passing ad-interim orders, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 12/06/2023 for N/M reply by deft. Nos.1 and 2/ BMC.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: None for plaintiff.
Adv. Suryavanshi for  deftno. 1& 2./M.C.G.M. present.
None for deft. no.3.
Earlier order, if any, to continue till next date.
Adjd. to 04/08/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2023

Date: 04-08-2023
Business: Plaintiff in person absent.
Advocate Suryavanshi  for defendant No.1 and 2/BMC present and seeks time to file reply to NM. Time is granted.
None present for def No. 3
Adjd to  18.09.20203 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Matter pertains to C. R. No. 4
None present for plaintiff.
None present for defendants
Earlier order, if any, to continue till next date.
Adjd  to 24.11.2023   for  NM Reply by deft No. 1 and 2/BMC
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: None present for plaintiff
Advocate Suryavanshi  for defendant No. 1 and 2/BMC present and seeks time to file reply to NM. Time is granted.
None present for deft No. 3
Earlier order, if any, to continue till next date.
Adjd  to 14.12.2023    for  NM Reply by deft No. 1 and 2
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: None for plaintiff
Adv. Mhatre h/f. Mr. Suryavanshi for defendant/BMC seeks time to file reply to NM. Granted.
Earlier order, if any, to continue till next date.
Adjd. to 21/2/2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2024

Date: 21-02-2024
Business: None present for plaintiff
Advocate  Suryavanshi for defendant No. 1 and 2 /BMC present and seeks time to file reply to NM. Time is granted.
None present for deft No. 3
Earlier order, if any, to continue till next date.
Adjd  to 22.04.2024     for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2024

Date: 22-04-2024
Business: None present for plaintiff
Advocate Suryavanshi  for defendant No. 1 and 2/BMC present and seeks time to file reply to NM. Time is granted.
None present for deft No. 3.
Earlier order, if any, to continue till next date.
Adjd  to 03.07.2024  for NM Reply  by deft No. 1 and 2/BMC
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: None present for plaintiff
Advocate  Botlawar  for defendant/BMC present and seeks time to file reply to NM.
The matter is of year 2019 and repeatedly adjourned for NM reply, hence matter adjourned as a last chance.
Earlier order, if any, to continue till next date.
Adjd  to 05.08.2024  for NM reply and service of writ of summons
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-08-2024

Date: 05-08-2024
Business: Matter pertains to C. R. No. 4
None for the Plff. present.
Adv.Mr. Botlawar for Defendants/BMC present.
Earlier order, if any, to continue till next date.
Adjd. to 02.09.2024 for N/M  reply and service of Writ of Summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-09-2024

Date: 02-09-2024
Business: None present for plaintiff
Advocate Honmane  for defendant No.1 and 2/BMC present and seeks time to file reply to NM. Time is granted as a one more last chance.
None present for Deft No. 3
Earlier order, if any, to continue till next date.
Adjd  to 18.10.2024  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
None present for plaintiff
Advocate Sujata Puri for defendant No. 1 and 2/BMC present and submitted that she has been newly transferred this Court and requested time, hence time is granted with condition that on next date necessary order will be passed.
None present D-3
Earlier order, if any, to continue till next date.
Adjd  to 16.12.2024    for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2024

Date: 16-12-2024
Business: None present for plaintiff
Advocate   Sujata Puri   for defendant/BMC present and seeks time to file reply to NM. Time is granted as last chance.
Adjd  to  31.01.2025   for NM Reply and service of writ of summons.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-01-2025

Date: 31-01-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to file writ of summons for defendant No. 3. Hence, the suit is dismissed against defendant No. 3 for want of service.  Adv. Ms. Sujata Puri h/f Adv. Ms. Honmane for defendant Nos. 1 and 2/MCGM is present and sought time to file NM reply.  Sufficient time is already granted. Hence, this request is discarded. The NM is proceeded without reply. Earlier order, if any, to continue till next date.
Adjourned for NM hearing (No reply) to 17.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2025

Date: 17-03-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
None present for the plaintiff to proceed with the NM. Hence, it is posted for NM dismissal. Adv. Ms. Sujata Puri for defendant/ MCGM is present.
Adjourned for NM Dismissal (No reply) to 09.07.2025
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 09-07-2025

Date: 09-07-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant Nos. 1 and 2/MCGM is present.
It appears that suit is already dismissed against defendant No. 3. The NM is proceeded without reply against defendant No. 1 and 2. In the interest of justice, I assign one more opportunity to the plaintiff to proceed with the NM or else further order shall be passed.
Adjourned for NM hearing to  18.08.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2025

Date: 18-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
None present for the plaintiff.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
The following Order is passed in Notice of Motion No. 4121/2019.
ORDER
None appeared for the plaintiff. The NM is pending since long. No positive steps are being taken to proceed with the matter. In the event there is nothing before Court to postpone this NM on next date for the same purpose. Nothing survives in the hearing of NM. Hence, it is dismissed for default and disposed of accordingly.
Adjourned for issuance of writ of summons to  15.10.2025.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 18-08-2025

Main Case No: SUIT/0102784/2019
Main Cnr: MHCC010109542019
Main Filing No: 111447

Registration Number: 104121/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 111976/2019
Filing Date: 07-11-2019
First Hearing Date: 25th November 2019
Decision Date: 18th August 2025
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE