Cafe SagarVsDesignated Officer +1 more

Date: 06-12-2019
Business: By precipe
Advocate Mr. P. D. Gandhi for plaintiff is present and filed draft NM.
Advocate Ms. Vyavahare for defendant/BMC is present and filed reply and requested to file detail reply on next date. Request is allowed.
Officer Mr. Subhodh Bamburde, J.E., B and F, \''E\'' Ward present.
Adjourned for NM reply to 13.12.2019.
Next Purpose: REPLY
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: As Court is on Leave
Next Purpose: REPLY
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Advocate for plaintiff is present.
Advocate Ms. Vyavahare for defendant/BMC is present and filed reply cum written statement at Exh. 02.
Adjourned for NM hearing to 17.01.2020 at 12.00 p.m.
                                                                               Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: Advocate for plaintiff present.
Ld. Adv. for plaintiff requested for time.- Granted.
Advocate Vyavahare for defendant/BMC present.
Adjourned for N/M Hearing to 16/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: As Court is on Leave.Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
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: NM FOR HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
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 FOR HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: COVID-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2020

Date: 29-08-2020
Business: By Precipe
Advocate P. D. Gandhy for plaintiff present.
Advocate Vyavahare for defendant BMC present.
AD INTERIM ORDER ON N M
1 Heard at length both Ld. Advocate for plaintiff and Ld. Advocate for defendantBMC. Primafacie, from the documents filed by plaintiff on record it appears that the suit premises is in-existence since 31.03.1961. The assessment extract issued by BMC primafacie substantiate this fact. The photographs filed by plaintiff on record which are in black and white of opening ceremony of Cafesagar i.e. suit premises do reflect the existence of staircase showing the existence of loft mezzanine floor. The impugned notice is issued by defendant BMC with respect to alleged construction of mezzanine floor and the wall of description mentioned in the notice. According to Ld. Advocate for defendant, the construction if is below 1.5 mtrs in height, it is loft and if it is above 1.5 mtrs in height, it is mezzanine floor. The notice has mention about the construction of height admeasuring 1.85 mtrs. therefore it is mezzanine floor. As plaintiff is claiming existence of loft and not mezzanine floor, the notice issued is proper with respect to mezzanine floor and not loft. Plaintiff should show the existence of mezzanine floor prior datum line. In rebuttal, Ld. advocate for plaintiff has argued that the inspection report of BMC shows structure as loft arrangement and not mezzanine floor. The photographs do not reflect construction of mezzanine floor or wall. He relied upon the correspondence between plaintiff and the Baitul Aman Co-Operative Housing Society Ltd. According to him, plaintiff had given his premises to society for repairs of beams and columns of his restaurant Cafesagar. After receiving back the suit premises it was not in proper condition. Therefore, he had carried out the interior finishing work after seeking permission from society. The aforesaid work nowhere substantiate the construction of mezzanine floor as is alleged by defendant BMC.
2       On perusal of the copy of inspection report produced by defendant BMC, It appears that defendant BMC has mentioned loft arrangement and not mezzanine floor. It is argued by Ld. advocate for defendant that as their is no term mezzanine floor in the software loaded in their computer, the copy of inspection report reveals loft arrangement and not mezzanine floor. But defendant BMC has properly described as mezzanine floor in the notice issued by defendant.
3)      This argument of Ld. Advocate for defendant is not digestible. If there is no such term in the software of defendant BMC, how in the notice issued by plaintiff, the term mezzanine floor has appeared. Furthermore, if really there was substance in this argument, after getting the print of copy of inspection report, the officer of BMC could have corrected it in the copy by scratching the term loft arrangement and mentioning it as mezzanine floor. But this is not done. Therefore, this argument of Ld. Advocate for defendant cannot be accepted prima facie at this stage especially when the notice issued makes mention of term mezzanine floor.
4)      The correspondence made by plaintiff with Baitul Aman Co-Operative Housing Society Ltd reflect prima-facie that plaintiff had handed over the suit premises to society for repairs of the columns and beams of suit premises. Thereafter, plaintiff after obtaining permission of society had carried out the interior work. The documents i.e. correspondence of plaintiff with aforesaid society substantiate these facts. This work is appearing to be done in period August-2017 till August-2019 or so. The notice is issued by defendant BMC in November- 2019. Defendant is vehemently relying upon the photographs produced by them to show alleged construction of mezzanine floor and wall. However, none of the photographs is showing prima-facie the alleged construction of mezzanine floor or wall. On the contrary, the arguments of Ld. Advocate for plaintiff that plaintiff had given his suit premises to society for alleged repair work as discussed above has substance and appears to be probable from the photographs tendered by defendant on record. The wall appearing in the photographs is already constructed. None of the photographs is showing that any construction of wall or mezzanine floor is in progress. Therefore, the arguments of Ld. Advocate for plaintiff that the loft is in-existence since opening of Cafesagar and defendant is alleging the same loft as construction of mezzanine floor appears probable prima-facie at this stage.   Full fledged evidence will be required to arrive at definite conclusion as is alleged by defendant BMC. Till then in light of aforesaid discussion, plaintiff needs to be protected. Plaintiff has made out prima-facie case to get ad-interim relief. Therefore, I proceed with following order
                                    ORDER
    Defendant shall not take any action with respect to impugned notice usec.354A dated 21.11.2019 and speaking order dated 30.11.2019 with respect to suit premises till next date.
Adjourned for NM hearing to.26/10/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Business: Due to Covid-19. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Advocate for plaintiff present.
Advocate for deft/BMC present.
Earlier order, if any, to continue till next date.
Adjourned for NM Hearing to 22-03-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Advocate for plaintiff present.
Advocate for defendant/BMC present.
Court busy in hearing in Suit No. 2086/12, 1312/20, 73/21, 134/21.
Earlier order, if any, to continue till next date.
Adjourned for N/M Hearing to 14/07/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Business: As presiding officer is on leave today hence matter is adjourn to
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: Adv. labde present for plaintiff and requested to extend the leave to register the motion. O- leave to register draft NM is extended till next date.
Adv. Vyavahare present  for MCGM/defendant.
Earlier order if any to continue till the next date.
Matter adjourned for reply to. 05/10/21.
Next Purpose: REPLY
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Adv. Labde present  for plaintiff.
Adv. Bibhishan Sutar present  for MCGM/defendant.
Earlier order if any to continue till the next date.
Matter adjourned for reply to. 25/11/21.
Next Purpose: REPLY
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Adv. Lele present  for plaintiff and sought adjournment.
Adv. Vyavhare @ Sutar  for MCGM/defendant.
Earlier order if any to continue till the next date
Matter adjourned for NM hearing on 19-01-2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2022

Date: 19-01-2022
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.
Earlier order if any to continue till the next date
Matter adjourned for nm hearing to 04/03/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: Coram H.H.J. Smt. S.G. Shaikh, City Civil Court, Mumbai.(C.R.06)
Matter pertains to C.R.05
Adv. Labde  present for plaintiff.
Adv. Diwate  present for MCGM/defendant.
Earlier order if any to continue till the next date
Matter adjourned for NM hearing on 11-04-2022.
I/c Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: Coram H.H.J. Smt. S.G. Shaikh, City Civil Court, Mumbai.
(C.R. 06)
Matter pertains to C.R.5
Adv. Tejas Shah present for plaintiff.
Adv. Sutar present for MCGM/defendant.
Earlier order if any to continue till the next date.
Matter adjourned for NM reply  on 27-06-2022.
I/c Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Adv. Gandhy for Plaintiff present.
Earlier order if any to continue till the next date
Matter is adjd for NM hearing on 05-08-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Adv. Gandhy for Plaintiff present.
Adv. Mr. Diwate for MCGM/ defendant  present.
Earlier order if any to continue till the next date
Matter is adjd for NM on  21-09-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: Adv Hardik Desai for Plaintiff present.
Adv. Mr. Diwate for MCGM/ defendant  present.
On oral request made by advocate for plaintiff short adjournment is granted as a last chance.
Earlier order if any to continue till the next date.
Matter is adjd for NM hearing on 15-11-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: CORAM SHRI. R.K. KHOMANE  AD-HOC  JUDGE C.R. NO. 06
Matter pertains to C.R. 05.
Adv. Shah present for plaintiff.
Adv. Vyavhare present for BMC/def.
Earlier order if any to continue till the next date
Matter is adjd for N/m hearing on 17-01-2023.
                                                                                      I/c   Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Matter pertains to C.R. 05.
Adv. Shah present for Plaintiff.
Adv. Sutar present for def./BMC.
Earlier order if any to continue till the next date.
Matter is adjd for NM hearing on 14-03-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: CORAM SHRI. R. K. KHOMANE, JUDGE C.R.NO.6,  AD-HOC  JUDGE
Matter pertains to C.R. 05.
Adv. P.D. Gandhy  present  for Plaintiff.
None present for def./MCGM.
Earlier order if any to continue till the next date.
Matter is adjd for  NM hearing on 20-06-2023.
                                                                                         I/c  Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: Adv. Sharma h/f Adv. P.D. Gandhi 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. Chudasama h/f Adv. P. D. Gandhi for Plaintiff present.
Adv. Ms. Vyavahare for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Earlier order, if any, to continue, till next date.
Matter is adjd  to 19.10.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: Adv. Chudasama h/f Adv. P. D. Gandhi for Plaintiff present.
Adv.  Vidya Vyavahare for defendant/MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Earlier order, if any, to continue, till next date.
Matter is adjd  to  21.12.2023 for  NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2023

Date: 21-12-2023
Business: Adv. Shah h/f Adv. P. D. Gandhi for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Earlier order, if any, to continue, till next date.
Matter is adjd  to 15.02.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2024

Date: 15-02-2024
Business: Matter pertains to CR No. 5
Adv. Shah h/f Adv. P. D. Gandhi for Plaintiff present.
Adv. Ms. Rawade for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Earlier order, if any, to continue, till next date.
Matter is adjd  to 04.04.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: None for plaintiff.
Adv. Vyavahare for defendant/BMC present.
Matter is adjd  to 04.07.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2024

Date: 04-07-2024
Business: Adv. Shah h/f Adv. P. D. Gandhi for Plaintiff present.
Adv. Sachin Vajale for defendant/BMC present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Earlier order, if any, to continue, till next date.
Matter is adjd  to 03.09.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2024

Date: 03-09-2024
Business: Adv. Malcolm vaz h/f Adv. P. D. Gandhy for Plaintiff present.
Adv. Sachin Vajale for defendant/BMC present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Earlier order, if any, to continue, till next date.
Matter is adjd  to 22.10.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2024

Date: 22-10-2024
Business: Matter pertains to C. R. 05.
Adv. Shah h/f Adv P D Gandhi for plaintiff present.
Adv. Dalvi for Defendant/MCGM
Earlier order, if any, to continue, till next date.
Matter is adjd  to 02-01-2025   for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-01-2025

Date: 02-01-2025
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Later on at 3.30 p.m. Adv. Malcolm Vaz i/b Adv. Hardik Desai for Plaintiff present.
Earlier order, if any, to continue, till next date.
Matter is adjd to 20.02.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2025

Date: 20-02-2025
Business: Adv. Hardik Desai for Plaintiff present and requested for short adjournment. It is granted.
Adv. Sachin Vajale for defendant/BMC present.
Earlier order, if any, to continue, till next date.
Matter is adjd  to 03.04.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2025

Date: 03-04-2025
Business: Adv. Sadaf Maldar h/f Adv. P. D. Gandhy for Plaintiff present and requested for short adjournment. It is granted.
Adv. Sachin Vajale for defendant/BMC present.
Matter is adjd  to 03.07.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2025

Date: 03-07-2025
Business: Adv. Surve h/f Adv. P. D. Gandhy for Plaintiff present and requested for short adjournment. It is granted.
Adv. Sachin Vajale for defendant/BMC present.
Matter is adjd to 28.08.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2025

Date: 28-08-2025
Business: Adv. Hardik Desai h/f Adv. P. D. Gandhy for Plaintiff present.
Adv. Sachin Vajale for defendant/BMC present.
Earlier order, if any, to continue, till next date.
Matter is adjd  to  07-10-2025   for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2025

Date: 07-10-2025
Business: Adv. Rajlaxmi Punjabi h/f Adv. for Plaintiff present and requested for short adjournment. It is granted.
Adv. Sachin Vajale for defendant/BMC present.
Earlier order, if any, to continue, till next date.
Matter is adjd  to 13.10.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2025

Date: 13-10-2025
Business: Adv. Punjabi for Plaintiff present and requested for short adjournment. Adv. G. V. Jawale for Defendant/MCGM present.
     Plaintiff is directed to register the draft NM on next date otherwise further order will be passed.
Earlier order, if any, to continue, till next date.
Matter is adjd  to 17.11.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-11-2025

Date: 17-11-2025
Business: Adv. Pushpa Thapa h/f Adv. Hardik Desai for Plaintiff present and requested for short adjournment. It is granted.
Adv. A. K. Nandanwar for MCGM/Defendant present.
Earlier order, if any, to continue, till next date.
Matter is adjd  to 07-01-2026   for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2026

Date: 07-01-2026
Business: Adv. Hardik Desai for Plaintiff present.
Adv. G. V. Jawale for Defendant/MCGM present.
Exh. 1 - Plaint.
Exh. 2 -Vakalatnama of Plaintiff.
Exh. 3 - Memorandum of address.
Exh. 4 - List of documents.
Ld. Adv. for plaintiff has filed an application for register the draft NM. Taken on record and marked at Exh. 5.
Order on Exh. 5
  As there is no signature of Superintendent in affirmation clause. Hence, permission for re-affirmation of affiant (same person) is granted.
Earlier order, if any, to continue, till next date.
Matter is adjd  to 16.01.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2026

Date: 16-01-2026
Business: Adv. Tanveer Malnas i/b Adv. Hardik Desai for Plaintiff present and tendered registered Notice of Motion No.291/26 along with affidavit in support. Taken on record.
Adv. A. K. Nandanwar for MCGM/Defendant present
Matter is adjd to 26.02.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2026

Date: 26-02-2026
Business: Adv. Pushpa Thapa h/f Adv. Hardik Desai for Plaintiff present and requested for short adjournment. It is granted.
Adv. Sangita Honmane for defendant/BMC present.
Earlier order, to be continued, till next date.
Matter is adjd to 16.04.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2026

Date: 16-04-2026
Business: Matter pertains to CR No.5.
Adv. Sharik Khan h.f Hardik Desai for Plaintiff Present.
Adv. Vithal Shinde for MCGM/Defendant present.
Eearlier order, to be continued, till next date.
Matter is adjd  to  02.07.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2026

Date: 02-07-2026
Business: Adv. Gawade h/f Adv. hardik Desai for Plaintiff present and requested for short adjournment. It is granted.
Adv. V. G. Shinde h/f Adv. Sangita Honmane for Defendant/MCGM present.
Earlier order, to be continued, till next date.
Matter is adjd  to 01.08.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2026

Date: 01-08-2026
Business: Matter pertains to CR No. 5
Adv. Mudassir h/f P.D. Gandhy for Plaintiff present.
Adv. V.G. Shinde for MCGM/Defendant present.
Earlier order, to be continued, till next date.
Matter is adjd to 08.10.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2026

NOTICE OF MOTION/100291/2026

Registration Number: 103233/2019
Transfer Date: 06-04-2021
From Court: 6 - COURT 06  ADDL. SESSIONS JUDGE
To Court: 5 - COURT 05  ADDL SESSIONS JUDGE

Filing Number: 113463/2019
Filing Date: 04-12-2019
First Hearing Date: 06th December 2019
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE