Mohanraj Bangaruswamy NaiduVsDesignated Officer +1 more

Date: 04-12-2019
Business: Adv. P.D. Gandhi for plaintiff present and tendered draft Notice of Motion and Chamber Summons and also tendered original NM No. 4574/19.
O - Leave granted to register the draft NM and draft Chamber Summons.
Ld  adv for Plff has not pressed earlier NM No. 4574/19. Therefore, it is disposed of as withdrawn.
Adv. Khandagle for MCGM/Deft. present.
Order on ad-interim relief.
                                         ORDER
             Perused plaint, N/M, documents annexed to the plaint and heard both sides. Ld. Adv. for the plaintiff has argued that the Designated officer of defendant/MCGM has not considered material documents such as rent receipts and City Survey Map showing existence of the suit premises i.e. room no. 1, Rosy Mary D\\\''souza Chawl, Ghatla Village Road, Chembur, Mumbai-400071. After going through the said order, it is clear that these documents are not considered by the Designated Officer. Therefore, there appears clear non application of mind by the said officer. Hence, ad-interim relief in terms of prayer clause (a) is granted till next date. This will not prevent the Designated officer of the defendant/MCGM from passing fresh order after considering above documents. If such order will be adverse to plaintiff\\\''s interest same shall not be enforced for a period of two weeks from the date of application of the order to the plaintiff or next date, whichever will be earlier.
 Order on Draft Chamber Summons -
ORDER
             Perused Ch/Sum to add subsequent events in the plaint. It is objected by the other side. However, the proposed amendment does not change the nature of the suit and necessary for deciding the controversy. Hence, Ch/sum is allowed and made absolute in terms of prayer clause (a). The plaint be amended accordingly and amended copy of the plaint be served to the defendant/MCGM on or before next dated.
Ch/Sum be registered for statistical purpose.
There exists element of settlement between parties. Therefore matter is refereed to mediation.
Matter is adjd to 09.03.2020 for N/m Reply/Mediation Report.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Adv.Hardik Desai for plaintiff present and tendered original NM No.4683/19 and original (Disposed off.) ch/s No. 2219/19.
Adv. for  plaintiff also tendered amended plaint to defendant.
Adv. Khandagle for MCGM/Deft. present.
Mr.Vinit Vaity (JEBF) MB ward MCGM present.
Earlier order, if any, to continue till next date.
 Matter adjd to 19.06.2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Business: NOB.TOB.By precipe.
Adv. P.D. Gandhi for plaintiff present and tendered draft NM along with affidavit in support of NM and also draft ch/s along with affidavit in support of ch/s. t.o.r.
Copies thereof already served to other side.
Leave is granted  to register the draft NM and draft ch/s.
Adv. Khandagle for MCGM/Deft. present and tendered reply to draft NM and list of documents. t.o.r. Copies served to other side.
Mr.Vinit Vaity, Jr. Engineer (B and F) M/West Ward, MCGM, present.
Heard both Ld. Advocates on draft ch/s.
This is ch/s for amendment  in the body of plaint as the speaking order passed by corporation on 23.09.2020. The plaintiff wants to incorporate this material changes in the  body of the plaint . It will not change nature and character of the Suit. Adv. for defendant has strongly objected for draft ch/s. Hence I passed the following order-
Order on draft ch/s
1. Prayer (a) of draft ch/s is made absolute.
Draft ch/s be registered for statistical purpose.
The Ld. Predecessor has already granted protection for two weeks from the date of adverse order. It is assured by the Learned Advocate   for defendant and as well as Para F of affidavit cum reply transpires that no coercive action will taken till 15 days. Therefore matter be kept for NM hearing on next date.
Whereas the old NM No. 4683/19 is withdrawn voluntary by plaintiff hence it becomes infructous.
It is submitted by the adv. Khandagale that the reply in NM- 4683/19 be considered the reply of draft NM.
Authenticated copies be given to the both parties.
Matter adjd to 07.10.2020  for  draft NM hearing/ compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-10-2020

Date: 07-10-2020
Business: Adv. Veer Kankaria h/f. Adv. P.D. Gandhy for Plaintiff present.
Adv. Khandagale for Defendant/MCGM present.
Mr. Vinit Vaity, Jr. Engineer,(B and F), M/W ward, MCGM, present.
K.B.
L.O. at 01.04 p.m.
Adv. P.D. Gandhy for Plaintiff present.
It is assured by advocate for Plaintiff to argue NM on 12/10/2020 without fail.
Plaintiff is directed to register the NM till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 12/10/2020 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: CORAM - H.H.J SHRI. G.G. BHANSALI (C.R.NO.11)
( In-charge of Court Room No.8 )
Adv. Mr. Hardik Desai for the plaintiff present.
Adv. Mr. Khandagale for defendants / MCGM.
Plaintiff is directed to register the N/M till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 16.10.2020 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Business: Adv. P.D. Gandhy for Plaintiff present.
Adv. Khandagale for Defendant/MCGM present and filed additional list of documents, t.o.r. and marked as Exh.2.
Mr. Vinit Vaity, Jr. Engineer (B and F), M/West present.
Adv. Khandagale Defendant/MCGM has objected.
Earlier order, if any, to continue till next date.
Matter adjd to 02/11/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: Adv. P. D. Gandhy for plaintiff present.
Adv. Khandagale for Deft/MCGM present and tendered list of
documents containing photographs. TOR, and marked as Exh.3.
Copy is served to other side.
Advocate for deft also tendered another list of documents. TOR,
marked as Exh.4. Copy is served to other side.
Mr. Vinit Vaity, Junior Engineer, B and F Deptt, M/West Ward,
MCGM, present.
Heard both Ld. advocates on draft NM.
Plaintiff is directed to register the NM till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 07/11/2020 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Business: Adv. Mr. Veer Kankaria h/f. Adv. Mr. P.D. Gandhy for Plaintiff present.
None for Defendant/MCGM.
F.R.S.R. following order on N/M No. 1569/2020  is passed -
ORDER -
1. Notice of Motion No. 1569/2020 in terms of prayer clause (a) is made absolute.
2. Notice of Motion No. 1569/2020 is disposed off accordingly.
Matter adjd to 15/01/2021 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Court is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: Court is on leave (First Session half day)
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: HHJ is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: H.H.J. is on half day leave (Morning Session)
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: Adv. Maaz h.f. Adv. P.D. Gandhy for Plaintif present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Reply to NM cum W.S. is already on record, today it is marked as Exh.5.
Matter is adjd to 14/03/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: Plaintiff is present. His advocate absent.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Adjd. To 20/04/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: Plaintiff is present. His advocate absent.
Adv Mrs Tondwalkar for defendant / MCGM is present.
Adjd. To 27/06/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Adv. Xavier h/f Adv. P. D. Gandhi for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
Adjd. to 08/08/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Adv. Hardik Desai for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Draft issues not tendered by both the parties. Hence, matter is adjourned for framing issues.
Adjd. to 17/09/2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: None for plaintiff.
Adv. Mrs. Rawade h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Exh.6 - Issues are framed.
Adjd. to 19/10/2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: Adv. J. J. Xavier for plaintiff present and requested time to file evidence. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 16/12/2022 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Adv. J. J. Xavier for plaintiff present and requested time to file evidence. Time is granted till next date.
Adv. Mrs. Tondwalkar for defendant/ BMC is present.
Adjd. to 22/02/2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: Adv. J. J. Xevier h/f M/s P. D. Gandhi and Associates for plaintiff present and requested time to file evidence. Time is granted till next date.
Adv. Mr. Suryavanshi for defendant/ BMC is present.
Adjd. to 14/06/2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: Advocate Hardik Desai h/f Adv. P.D. Gandhy for plaintiff present and requested time to file evidence. Time is granted.
Advocate Suryavanshi for defendant/BMC present.
Adjd  to  07.8.2023 for Filing evidence by plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: Advocate Disha Thakkar h/f  P. D.Gandhy for plaintiff present and seeks time to file evidence. Hence, time is granted.
Advocate Suryavanshi  for defendant/BMC present.
Adjd    to 09.10.2023   for Plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: Advocate J. J. Shergil for plaintiff present and submitted that plaintiff is not feeling well and  seeks longer date for filing evidence. Hence, matter adjourned.
Advocate Khandagale h/f Surayavanshi for defendant /BMC present.
Adjd  to  10.01.2024    for  plaintiff evidence /R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: Advocate J. J. Xevier h/f P.D. Gandhy for plaintiff present and submitted that plaintiff is not feeling well and he is Kerala for treatment and requested for longer date in the month of June. Hence matter adjourned.
Advocate Suryavanshi for defendant/BMC present.
Adjd  to  08.05.2024    for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-05-2024

Date: 08-05-2024
Business: Plaintiff and his Advocate J. J. Xavier are present and requested time to file evidence. Time is granted.
Advocate Mhatre  h/f Suryavanshi  for defendant/BMC present.
Adjd  to  19.07.2024  for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: Advocate J. J. Xavier  for plaintiff present and requested time to file evidence
Advocate Honmane   for defendant/BMC present.
Adjd  to 09.09.2024   for plaintiff evidence/R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-09-2024

Date: 09-09-2024
Business: Advocate J.J. Xavier for plaintiff present and requested time to file evidence. Plaintiff also present.
Advocate Honmane for defendant/BMC present.
Adjd  to 18/11/2024  for Plaintiffs Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2024

Date: 18-11-2024
Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
Advocate Jernold Xavier a/w Hardik Desai and Karen Rhea  Xavier for plaintiff present and requested time to file evidence. Hence matter adjourned.
Advocate Honmane  for defendant/BMC present.
Adjd  to 29.01.2024   for plaintiff evidence/R.E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-01-2025

Date: 29-01-2025
Business: Adv. Mr. Xavier h/f Adv. Mr. Hardik Desai for the plaintiff is present and sought time to lead evidence. Time is granted. Adv. Ms. Honmane for defendant/MCGM is present.
Adjourned for RE (PH) to 21.04.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2025

Date: 21-04-2025
Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
The plaintiff is present in person. Adv. Mr. Jernold Xavier h/f Adv. Mr. Hardik Desai i/b P.D. Gandhy Associates for the plaintiff is present and sought time to lead evidence. Time is granted. Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adjourned for RE to 04.08.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2025

Date: 04-08-2025
Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
Adv. Ms. Neha Pandey h/f Adv. Mr. Hardik Desai  for the plaintiff is present. She sought time to filing evidence affidavit. Time is granted strictly as a last chance.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adjourned for RE. to 10.09.2025.
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)
The plaintiff is present in person.
Adv. Mr. Jernold Xavier a/w Adv. Ms. Gauri Jadhav,  Adv. Mr. Vedang Shirwale i/b Hardik Desai for the plaintiff is present. He sought time to file evidence affidavit. Granted lastly.
Adv. Ms. Sangita Honmane for defendant/MCGM is present.
Adjourned for filing evidence affidavit 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)
Adv. Mr. Jernold Xavier a/w Adv. Ms. Gauri Jadhav i/b P.D. Gandhy and Associates for the plaintiff is present and requested for adjournment.
Plaintiff is present.
Adv. Ms. Pooja Nagarthawar for defendant/MCGM is present.
Adjourned for filing evidence affidavit/RE. to 24.11.2025
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2025

Date: 24-11-2025
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2026

Date: 19-01-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR(C.R. No. 04)
Adv. Mr. Jernold Xavier a/w Adv. Ms. Gauri Jadhav and Adv Vedang Shirwale for the plaintiff is present, seeking time for filing affidavit. O- Granted.
Adv. Ms.Vidya Vyavahare for defendant/MCGM is present.
Adjourned for hearing to 04.02.2026.
Next Purpose: HEARING
Next Hearing Date: 04-02-2026

Date: 04-02-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Mr. Jernold Xavier i/b M/s. P.D. Gandhy and Associates for the plaintiff is present, seeks time to file evidence affidavit.
O- Time is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for filing evidence/R.E. to 18.03.2026
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-03-2026

Date: 18-03-2026
Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Shruti Mishra i/b P. D. Gandhy    for the plaintiff is present and seeks time to file evidence affidavit. O- Time is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for filing evidence affidavit to 17.06.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2026

Date: 17-06-2026
Business: CORAM H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Gauri Jadhav i/b M/s. P.D. Gandhy and Associates  for the plaintiff is present and seeking time to file evidence affidavit. O- Time is granted.
PW-1 is present.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for Filing evidence affidavit to 12.08.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2026

Date: 12-08-2026
Business: CORAM  H.H.J. SHRI. C. S. DATIR (C.R. No. 04)
Adv. Ms. Gauri Jadhav i/b P.D. Gandhy and Associate for the plaintiff is present and seeks time to file evidence affidavit.
O- Time is granted.
Adv. Ms. Vidya Vyavhare for defendant/MCGM is present.
Adjourned for Filing evidence affidavit to 26.10.2026
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-10-2026

NOTICE OF MOTION/101569/2020
CHAMBER SUMMONS/100553/2020
CHAMBER SUMMONS/102219/2019
NOTICE OF MOTION/104683/2019

Registration Number: 103189/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 113286/2019
Filing Date: 02-12-2019
First Hearing Date: 04th December 2019
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE