Kesar Baug TrustVsThe Asstt. Engineer and Ors.

Date: 23-11-2019
Business: Adv.Dubey For plaintiff present.
Plaitiff absent
Adv. Shroff For defendant present.
defendant absent
Adv. Dubey tendered Chamber summons.
Matter adjd to 21/12/2019 for say of defendant and argument.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-12-2019

Date: 21-12-2019
Business: As Court is on leave.
Matter is adjd to 14.01.2020 for Arguements
Next Purpose: ARGUMENTS
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Adv. Ms. Preet Chawala  for plaintiff present
Adv. Mr. Vikram Walawalkar with Adv. Mrs. Rawade for defendant MCGM Present
Adv. Ms. Defendant no.3 present.
Mater is adjd to 11.02.2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: Adv. Ms. Indira Bhushan for plaintiff present.
Adv. Mrs. Rawade for MCGM/deft present.
Earlier order if any to continue till the next date.
Matter is adjd to 12/03/2020 for reply on ch/s
and hrg. on n.m.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Plaintiff and Adv. absent.
Adv. Mrs. Rawade for MCGM/deft present.
Matter is adjd to 16/04/2020 for argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 27-05-2020

Date: 27-05-2020
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: NM  ARGUMENTS
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: covid adjournment
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: covid adjournment
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 04-07-2020

Date: 04-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Business: None present for Plaintiff.
None present for defendant.
Matter adjourned for arguments to 16.10.2020.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: None present for plaintiff.
Adv Nandanwar/Suryawanshi present for MCGM/defendant.
Matter adjourned for arguments to 15.12.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Adv Indira Labde for plaintiff present.
None present for MCGM/defendant.
Adv of Plaintiff submitted that yet deft corporation has not filed reply on contempt N/M.
Earlier order if any to continue till the next date.
Matter adjourned for reply on contempt N/M to 5/1/21.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: CORAM  H.H.J. C. P. JAIN, AD-HOC ASSISTANT JUDGE, CITY CIVIL COURT, GR. MUMBAI (C.R.06)
Matter pertains to CR No.05.
Adv Meena Sharma (h/f) present for plaintiff.
Adv Rawade present for BMC/defendant.
Earlier order if any to continue till the next date.
Matter adjourned for NM reply to 27.01.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: None present for plaintiff.
Adv Soraan (hf) present for MCGM/defendant.
Adv Shroff present for defendant no.3.
Matter adjourned for NM reply to 23.02.2021.
LO at 3.25 pm.
Adv Indira Labde present for plaintiff.
Earlier order if any to continue till the next date.
Matter adjourned for NM reply to 23.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: Adv Indira Labde present for plaintiff.
Adv Vikram Walavalkar present for MCGM/defendant.
Earlier order if any to continue till the next date.
Matter adjourned for service of contempt notice to 16.03.2021.
Next Purpose: SERVICE
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: None present for plaintiff.
Adv. Nandanwar (hf) present for MCGM/defendant.
Matter adjourned for NM service to 27.04.2021.
Next Purpose: SERVICE
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: Due to covid-19 pandemic, matter is adjd. to.
Next Purpose: SERVICE
Next Hearing Date: 03-07-2021

Date: 03-07-2021
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: SERVICE
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: Adv. Panchal h/f P. D. Gandhy present for plaintiff sought adjournment for filling affidavit of service.
Adv.    Bibhishan sutar present for MCGM/defendant.
Matter adjourned for Service to. 08/10/2021.
Next Purpose: SERVICE
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: As court is busy in hearing arguments in suit no. 1904/2021 and in suit st. no. 8239/2021. remaining board is discharged and matter is adjd. to 10/11/21
Next Purpose: SERVICE
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: None present for plaintiff.
Adv. Soraan @ adv. diwate present for MCGM/defendant.
As plaintiff and his adv. absent,
Matter adjourned for affidavit of service to. 21/12/21.
Next Purpose: SERVICE
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: As presiding Officer is on leave, Hence matter is adjourned to
Next Purpose: SERVICE
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv. Indira Labde present for plaintiff and sought adjournment.
Adv. Sutar present  for MCGM/defendant.
Matter adjourned for service to 19/04/22.
Next Purpose: SERVICE
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: SERVICE
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv. Ms. Labde for plaintiff present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
Matter is adjd for service on 14-07-2022
Next Purpose: SERVICE
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: Adv. Labde for Plaintiff present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant No 1 and 2  present.
None for deft. no.3
It transpires from the record that total five Notice of Motion i.e. 2901/2019, 2797/2019, 2589/2019, 1234/2020, 3187/2019 and one Chamber summons i.e. 2113/2019 are pending for reply and hearing since long. The parties are directed to proceed with the NM and Ch/s. on next date without fail.
Matter is adjd for hearing on NM and Ch/s. on 11-08-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Adv. for plaintiff present.
Adv. Walavalkar for MCGM/defendant no. 1 and 2 present.
defendant corporation is served with copy of Chs No. 2113/19.
Plaintiff to take necessary steps to serve NM No. 3187/19 on the contemptner till next date without fail.
Plaintiff to tender original NM NO. 3187/19 on record.
The original NM No. 1234/20 is also not tendered on record hence concerned party to note and tender the same on record on next date without fail.
Matter adjourned for Chs reply/service/NM high on board to 29/09/2022
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Court is busy in hearing in old matter i.e. Suit No. 2798 of 2006. Hence want of time board is discharged.
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM HIGH ON BOARD
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: None for Plaintiff.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
The Plaintiff and deft have not taken proper steps to proceed with the NM 1234/20, NM 2797/19, NM 3187/19, NM 2589/19, NM 2901/19. Hence, matter be posted for dismissal of NM 1234/20, NM 2797/19, NM 3187/19, NM 2589/19, NM 2901/19.
Matter is adjd for NM dismissal on 31-01-2023
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 31-01-2023

Date: 31-01-2023
Business: None for Plaintiff.
Adv Walawalkar @ Adv Sutar for defendant/MCGM no. 1 and 2 present.
None for deft. no. 3.
FRSR the following order is passed on Notice of Motion No. 2797 of 2019.
ORDER
1. Notice of Motion No.2797 of 2019 is dismissed in default.
2. Notice of Motion is disposed off.
FRSR the following order is passed on Notice of Motion No. 2589 of 2019.
ORDER
1. Notice of Motion No.2589 of 2019 is dismissed in default.
2. Notice of Motion is disposed off.
FRSR the following order is passed on Notice of Motion No. 2901 of 2019.
ORDER
1. Notice of Motion No.2901 of 2019 is dismissed in default.
2. Notice of Motion is disposed off.
FRSR the following order is passed on Notice of Motion No. 1234 of 2020.
ORDER
1. Notice of Motion No.1234 of 2020 is dismissed in default.
2. Notice of Motion is disposed off.
3. Plaintiff to tender the Notice of Motion on record on next date without fail.
Matter is adjd for Ch/s and NM hearing on 14-03-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2023

Date: 17-06-2023
Business: None for Plaintiff.
Adv. Mrs. Ravde for MCGM present.
Ld. Adv. for Defendant/MCGM has filed reply on overleaf of the Ch/s.
Perusal of record shows that the plaintiff is absent since long, nobody appeared on his behalf.  Earlier NM are also dismissed in default.  Hence considering these circumstances Ch/s which is pending since 2019, be kept for passing dismissal order.
Matter is adjd to 17.08.2023 for Ch/s hearing/passing dismissal order on Ch/s.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Matter is adjd  to 12.10.2023 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: None for Plaintiff.
Adv. Sayli Gangan h/f Adv. Vikram Walavalkar Adv.  Vidya Vyavahare for defendant/MCGM present.
Matter is adjd  to  16.12.2023 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-12-2023

Date: 16-12-2023
Business: None for Plaintiff.
Adv. Gangan h/f Adv. Vikram Walavalkar a/w Adv. Ms. Rawade for MCGM present.
Matter is adjd  to  08.02.2024 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-02-2024

Date: 16-12-2023
Business: None for Plaintiff.
Adv. Gangan h/f Adv. Vikram Walavalkar a/w Adv. Ms. Rawade for MCGM present.
Matter is adjd  to  08.02.2024 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-02-2024

Date: 08-02-2024
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Matter is adjd  to 26.03.2024 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: None for Plaintiff.
Adv. Vikram Walawalkar a/w Adv. Ms. Rawade for MCGM present.
Ld. Adv. for defendant/MCGM has submitted that Ch/s No. 2113/2019 is pending since 2019, but plaintiff is not taking any steps. Perusal of roznama shows that earlier on 31.01.2023 four notice of motions have been dismissed in default on the same day. Thereafter matter was kept on 17.06.2023. On that day, in view of absence of the plaintiff, this chamber summons was kept for dismissal. Thereafter, time to time, matter proceeded for hearing on Chamber summons but nobody turned up. The Ld. Adv. For Defendant/MCGM has submitted that the notice structure already been demolished by the BMC. Therefore, considering all these circumstances, there is no propriety by keeping the Chamber summons in abeyance, which is pending since 2019. Hence, Chamber summons No. 2113 of 2019 stands dismissed in default.
Matter is adjd to 20.06.2024 for hearing on NM No. 3187/2019.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 26-03-2024

Main Case No: SUIT/0101642/2019
Main Cnr: MHCC010066672019
Main Filing No: 111447

Filing Number: 112907/2019
Filing Date: 23-11-2019
First Hearing Date: 23rd November 2019
Decision Date: 26th March 2024
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE