Ashok Sunderrao KothareVsMCGM And Ors.

Date: 21-12-2019
Business: None for plaintiff.
Adv.Mrs.Patil h/f Adv.Khandagale for defendant No. 1 to 3/ MCGM.
None for defendant No.4
KB
L.O. at 11.50pm
Adv. Lanke for plaintiff present, he tendered original registered NM No.4890/19 along with affidavit in support and affidavit of support.
KB
L.O. at 2.45pm
Adv.Mrs.Patil for defendant/MCGM filed reply to NM.
Copy is served to other side.
Order on ad-interim relief
Perused plaint , draft NM,documents annexed to the draft NM affidavit and documents produced by defendant/MCGM and also heard both parties. The plaintiff is seeking ad-interim relief of mandatory injunction directing defendant/MCGM to restore electricity and water supply of the suit premises. It is not in dispute that the said act of disconnection is part of a proceeding in respect of alleged ruinous building u/s 354 of MMC Act. Ld Adv. for the plaintiff has submitted that despite stay to the section 354 MMC Act proceeding by this Court, disconnection of utility services is not only illegal but also contemptuous Act by defendant/MCGM.I have gone through the order dtd. 26.07.2019  granting ad-interim relief. It is clear from the said order that the plaintiff raised grievance that he was not given an opportunity to submit structural audit report and therefore he was permitted to do so within two weeks from the above date and defendant/MCGM was directed to decide further course of action and till then defendant/MCGM was restrained from demolishing the suit premises. It means the  defendant/MCGM was granted liberty to decide the steps after receipt of the structural report from plaintiff and defendant/MCGM refereed the matter to TAC and the latter arrived at a conclusion in its meeting dtd. 18.11..2019  that the suit building was in category C-1. Ld. Adv. for the plaintiff submits that fresh notice u/s 354 of MMC Act should have been issued after TAC recommendation but without following such procedure, the  defendant/MCGM issued notice u/s 488 of MMC Act to disconnect water and electricity supply. After going through the documents produced by plaintiff it can be seen that pursuant to notice u/s 353 (B). The plaintiff did not file his structural audit report within stipulated time of 30 days but another land lord filed such report within stipulated time which claimed that the suit building was in C-1 category. Thereafter, notice u/s 354 of MMC Act dtd. 17.07.2019 was issued to the plaintiff and defendant No.4/developer. Since the plaintiff approach this Court by filing instant suit, he was permitted to file his structural audit report even after receipt of notice u/s 354 of MMC Act and eventually matter was referred to TAC. Therefore fresh notice u/s 354 of MMC Act is not required in this case after the TAC decision. It is needless to mention that the primary object underlying section 354 is to safeguard the occupants and passers by . Moreover, the scheme of Reference to TAC is to ensure transparency  and accountability in the recommendation and assessment process of the fate of the structure. The  defendant/MCGM is duty bound to implement seciton354 in its letter and spirit and the Court can issue direction for its enforcement. In this matter the defendant/MCGM has acted as per its guidelines  for dilapidated buildings and therefore this is not a fit case to grant ad-interim relief as prayed by the plaintiff. Therefore , ad-interim relief is rejected. Authenticated copies be given to the both parties.
Already adjd to 13.01.2020 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: Adv.Lanke for plaintiff present.
Adv.Mrs.Patil h/f Adv.Patil for MCGM/Defendant present.
Heard Ld.Adv.Shri Lanke for the plaintiff and Ld.Adv.Patil the roznama transfires that my Ld. Predecessor has passed order dtd. 26.07.2019 and again on 21.12.2019 he has passed ad-interim order on NM-4890/19 by taking reference of earlier order passed dtd. 26.07.2019 he has rejected the ad-interim relief. Therefore, at present there is not ad-interim injunction remains in existence in favor of plaintiff considering the progress in the proceeding that is roznama.
Adjd to 07.02.2020 for NM reply NM rejoindear-4890/19 and NM No-2874/19 reply by defendant.
Next Purpose: REPLY
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Adv.Karan Chavan for plaintiff present and tendered draft ch/s along with affidavit in support. Leave to register is granted.
Adv. Khandagle for MCGM/Deft. present.
On oral request of advocate for plaintiff, adjournment granted as last chance.
Time granted for service  of writ of summons.
Matter adjd to 23.03.2020 for Service and reply to ch/s/ rejoinder to NM reply-4890/19.
Next Purpose: REPLY
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: REPLY
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 22-04-2020

Date: 22-04-2020
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: REPLY
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: due to lockdown
Next Purpose: REPLY
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Matter adjd to 03/03/2021 for Service and Reply to Ch/s/ Rejoinder in NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Matter adjd to 19/04/2021 for Service and Reply to Ch/s/ Rejoinder in NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: Due to Covid-19 pandemic, matter is adjourned.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant nos.1 to 3/MCGM is present.
None for defendant no.4.
Plaintiff is directed to tender original registered CH/S 434/2020 along with affidavit in support thereof, on next date.
Adjd. To 24/09/2021 for service and reply to Ch/s /rejoinder in NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant nos.1 to 3/MCGM is present. None for defendant no.4.
Plaintiff is directed to tender original registered CH/S No.434/2020 along with affidavit in support thereof, on next date.
Adjd. To 17/11/2021 for service and reply to Ch/s /rejoinder in NM.
Next Purpose: SERVICE
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant No. 1 to 3/MCGM is present.
None for Defendant No.4.
Plaintiff is directed to tender original registered CH/S No.434/2020 along with affidavit in support thereof, on next date. Adjd. To 07/02/2022 for service and reply to Ch/s /rejoinder in NM.
Next Purpose: SERVICE
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per office order No. 27 of 2022 dtd. 06/02/2022 due to mourn the sad demise of Veteran Singer Bharat Ratna Lata Mangeshkar and High Court, Bombay, vide letter dtd. 06/02/2020 bearing no. RG/1611/09/2022 has declared Holiday on Monday i.e. 07/02/2022, therefore, matter is adjourned on next day.
Next Purpose: SERVICE
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant No. 1 to 3/MCGM is present.
None for Defendant No.4.
Plaintiff is directed to tender original registered CH/S No.434/2020 along with affidavit in support thereof, on next date.
Adjd. To 22/06/2022 for service and reply to Ch/s /rejoinder in NM.
Next Purpose: SERVICE
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant Nos. 1 to 3/ MCGM is present.
None for deft. No. 4.
Plaintiff is directed to tender original registered Ch/S No. 434/2020 along-with affidavit in support thereof, on next date.
Adjd. to 05/08/2022 for service and reply to Ch/S rejoinder in N/M.
Next Purpose: SERVICE
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant Nos. 1 to 3/ BMC is present.
None for deft. No. 4.
Plaintiff is directed to tender original registered Ch/S No. 434/2020 along with affidavit in support thereof, on next date.
Adjd. to 19/10/2022 for service and reply to Ch/S rejoinder in N/M.
Next Purpose: SERVICE
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for defendant Nos.1 to 3/ BMC is present.
None for deft. No.4.
Plaintiff is directed to tender original registered Ch/S No.434/2020 along with affidavit in support thereof, on next date.
Adjd. to 14/12/2022 for service and reply to Ch/S rejoinder in N/M.
Next Purpose: C/S REPLY
Next Hearing Date: 14-12-2022

Date: 14-12-2022
Business: Court is busy in urgent hearing, board is discharged.
Adjd. to 08/03/2023 for service and reply to Ch/S rejoinder in N/M.
Next Purpose: C/S REPLY
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: None for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested time to file reply to Ch/S. Time is granted till next date.
Adjd. to 06/04/2023 for service and reply to Ch/S rejoinder in N/M.
Next Purpose: C/S REPLY
Next Hearing Date: 06-04-2023

Date: 06-04-2023
Business: None for plaintiff.
Adv. Ms. Mhatre for defendant no. 1 to 3 / BMC is present.
None for defendant no. 4.
Adjd. to 27.06.2023 for service and reply to C/S and filing rejoinder in NM.
Next Purpose: C/S REPLY
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: None present for plaintiff
Advocate Mhatre for defendant/BMC present.
Plaintiff is directed to tender ch/s No. 434/2020 till next date.
Adjd to  17.08.2023 for  service of ch/s to other side/ Compliance/ rejoinder to NM/NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: None present plaintiff
Advocate Mhatre for defendant No. 1 to 3/BMC present.
None present for deft No. 4
Today matter is kept for service of ch/s and compliance but none present for plaintiff. Hence matter adjourned for dismissal of NM and Ch/s
Adjd  to  02.12.2023  for  NM and Ch/s Dismissal
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 02-12-2023

Date: 02-12-2023
Business: None present for plaintiff.
Advocate Suryavanshi for defendant No. 1 to 3/BMC present.
None present for defendant No. 4.
This suit is of year 2019 and NMs as well as ch/s  are pending for hearing since three dates but since many dates none present for plaintiff. Therefore on previous date matter was adjourned and kept today for dismissal of NMs and ch/s.  However inspite of that today neither plaintiff nor his Advocate remains present. This show that plaintiff is not interesting to proceed with NMs and Ch/s. Further inspite of direction plaintiff is not tendered ch/s No. 434/2020. Hence  I pass following order.
ORDER
Notice of Motion No. 4890/2019 and NM No. 2874/2019  as well as  ch/s  No. 434/2020 dismissed for default.
Adjd  to 22.01.2024  for WS
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 02-12-2023

Main Case No: SUIT/0102270/2019
Main Cnr: MHCC010077002019
Main Filing No: 111447

Registration Number: 104890/2019
Transfer Date: 07-03-2022
From Court: 8 - COURT 08 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Filing Number: 114178/2019
Filing Date: 20-12-2019
First Hearing Date: 21st December 2019
Decision Date: 02nd December 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE