Nasir Hamal Shaikh +2 moreVsDesignated Officer +1 more

Date: 03-02-2020
Business: Adv. Ms. Indira Bhushan for plaintiff present and tendered registered notice of motion no.15/2020 alongwith affidavit in support t.o.r.
Adv. Mr. Nandandwar for the defendant  MCGM  present.
Matter is adjd to  10/02/2020 for reply on n.m..
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Adv. Ms. Indira Bhushan for plaintiff present and seeks time. order- Granted time.
Adv. Mr. Nandanwar for MCGM/defendant present.
N/m reply treated as Written Statement.
Earlier order if any to continue till the next date.
Matter is adjd to 24/02/2020 for hrg.on n.m..
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Adv. Mr. Hardik Desai for plaintiff present and seeks time. order- Granted time.
Adv. Mr. Nandanawar for MCGM/deft present.
Earlier order if any to continue till the next date.
Matter is adjd to 26/02/2020 for hrg.on n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Adv. Mr. P. D. Gandhy for plaintiff present.
Adv. Mr. Nandanwar for MCGM/deft present.
K. B.
L. O. at 04.05 p.m.
Adv. Mr. Hardik Desai for plaintiff filed an application t.o.r.
Heard arguments.
Earlier order if any to continue till the next date.
Matter is adjd to 07/03/2020 for order.
Next Purpose: ORDER
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: Adv. for plaintiff present.
Adv. Mrs. Rawade for MCGM/deft present.
F. R. S. R. Following order is passed on Notice of Motion No. 15/2020-
                            O R D E R
1) The Notice of Motion No. 15/2020 is partly allowed.
2) The defendant corporation is hereby restrained from acting upon the notice u/S.351 of MMC Act relating to mezzanine floor.
3)  The prayer for temporary injunction restraining the defendant from initiating proceeding under Sec.475 (A) is rejected.
4)  The plaintiff to approach the corporation for regularization within 3 weeks from the date of order.
5)  The Notice of Motion stands disposed off.
Matter is adjd to 12/06/2020 for W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-07-2020

Date: 04-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None present for plaintiff.
Adv Suryawanshi/Nandanwar present for MCGM/defendant.
Matter adjourned for WS to 18.01.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Court is on CSIC Training.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Adv Labde present for plaintiff.
Adv Nandanwar present for MCGM/defendant.
WS is already filed.
Matter adjourned for framing issues to 12.04.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Business: In view of holiday declared by hon''ble High Court. Matter is adjd. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-06-2021

Date: 12-06-2021
Business: Due to Covid-19 Matter is Adourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-07-2021

Date: 10-07-2021
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: FRAMING ISSUES
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: As presiding officer is on leave, hence board is discharged and hence, matter is adjd. to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: None present for plaintiff.
Adv. Vidya Vyavahare @ Adv. Bibhishan Sutar present for MCGM/defendant.
Issues are framed at Exh. 08.
Matter adjourned for RE to.  06/01/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Adv. Yakshwi Panchal Hf Adv. P. D. Gandhy present for plaintiff and sought adjournment.
Adv. Sutar present  for MCGM/defendant.
Matter adjourned for RE to 08/03/22.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: Adv Indira Labde for Plaintiff present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
Adv for Plaintiff seeks adjournment for filing of evidence. Considering circumstances of the case, adjournment is granted in the interest of the justice.
Matter is adjd for filing evidence  on 13-07-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: As court is busy.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Court is busy in judgment dictating in Suit No. 1493 of 2018. Hence want of time board is discharged14-10-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: None for Plaintiff.
Adv. Mr. Diwate for MCGM/ defendant  present and filed application on the behalf of defendants MCGM for speaking to the minitus of order passed by this Hon\''ble Court in notice of motion no. 15 of 2022 passed by HHJ Shri Yadav on 07.03.2020. TOR. Exh.9.
As Court is busy in High Court Time Bound Matter i.e. Suit No. 116 of 2012 and recording of evidence in Sessions Case No. 367 of 2020. Hence want of time board is discharged.
Matter is adjd for RE  on 11-01-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: Adv Shah h/f Adv Gandhy for Plaintiff present.
Adv Smt. Kumud Soraan for defendant/MCGM present.
On oral request made by advocate for plaintiff short adjournment is granted. Matter is adjd for RE on 19-04-2023
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: By precipe.
Adv Hardik Desai for Plaintiff present.
Adv. Mr. Diwate for MCGM/ defendant  present and filed precipe.
O- TOR.
By consent  of both advocates matter pre-pond on dt.15.03.2023.
Matter is adjd for hearing on 15-03-2023
Next Purpose: HEARING
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: HEARING
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: None for Plaintiff.
Adv Dharmesh Vyas  for deft/MCGM present.
Heard arguments of Ld. Adv for deft/MCGM on Exh. 9. Plaintiff neither appeared nor argued said application. Hence, matter be posted for order on Exh. 9 on merit.
L.O.
Adv Mungale for Plaintiff present and tendered V/P with NOC of earlier advocate. TOR. Exh.. He also tendered reply to the application. TOR and tendered Draft NM along with affidavit in support. TOR. O- Leave to register is granted.
Matter is adjd for order on Exh.9 on 28-04-2023
Next Purpose: ORDER
Next Hearing Date: 28-04-2023

Date: 28-04-2023
Business: Adv Hardik Desai for Plaintiff present.
Adv Vyas a/w Adv Pradeep M. Patil for defendant /MCGM present.
Today court is busy in final hearing of Suit No. 834 of 2013, Suit No. 2610 of 2009 and  SC No. 1405 of 2019.
Matter is adjd for order on 02-05-2023
Next Purpose: ORDER
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: Adv Sanket Mungale for Plaintiff present and tendered registered NM 1576/2023 along with affidavit in support. TOR. Copy served upon other side.
Adv. Vyas a/w Adv Patil for MCGM/ defendant  present.
Today adv for Plaintiff appeared and prayed for grant of opportunity to argue the application below Exh.9. considering ends of justice. The argument of adv for Plaintiff is heard.
Matter is adjd for order on 03-05-2023
Next Purpose: ORDER
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: Adv Mungale for Plaintiff present.
Adv Pradeep M. Patil for defendant /MCGM present.
Heard both the parties on the application below Exh.9. However, the adv for Plaintiff pointed out that the NM No. 1576/2023 is in respect of the same relief of injunction on the ground of subsequent changes. The order on earlier NM was conditional and therefore new NM clarifying the change in circumstances has been taken out by the Plaintiff. Hence, he prayed that the application below Exh.9 and the NM No. 1576/2023 be heard  together. O- Considered.
Matter is adjd for rehearing on Exh.9 and NM No. 1576/2023 on 07-06-2023
Next Purpose: HEARING
Next Hearing Date: 07-06-2023

Date: 07-06-2023
Business: Adv. Sanket Mungale for Plaintiff present.
Adv. Dharmesh Vyas along with Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. for defendant matter is adjourned.
Matter is adjd to 23.06.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: Adv. Sanket Mungale for Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd  to  05.07.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: Adv. Sameer Solanki for Plaintiff present.
Adv. Mitesh h/f Adv. Dharmesh Vyas for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 04.08.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2023

Date: 04-08-2023
Business: Adv. Harsh Pathak h/f Adv. Sanket Mungale for Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd  to  06.09.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: Adv. Swapna Khemalapure h/f Adv. sanket Mungale for plaintiff present.
Adv. Pradip Patil for defendant/ BMC present.
On the request of the Adv. for the defendant short adjournment granted as a last chance.
Earlier order if any to continue till next date.
Matter is adjd. to for 06.10.2023 NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2023

Date: 06-09-2023
Business: Adv. Swapna Khemalapure h/f Adv. sanket Mungale for plaintiff present.
Adv. Pradip Patil for defendant/ BMC present.
On the request of the Adv. for the defendant short adjournment granted as a last chance.
Earlier order if any to continue till next date.
Matter is adjd. to for 06.10.2023 NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2023

Date: 06-10-2023
Business: Adv. Mungale for Plaintiff present.
Adv. Vyas along with Adv. Pradip Patil for MCGM present
Ld. Adv. for MCGM tendered affidavit in reply to NM No. 1576/23.  TOR. Copy served to other side.
Matter is adjd  to  03.11.2023 for NM rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: The P.O. is on leave. Hence, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2023

Date: 03-11-2023
Business: The P.O. is on leave. Hence, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Adv. Solanki h/f Adv. Sanket Mungale for Plaintiff present.
Adv. Dharmesh Vyas a/w Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 19.01.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2024

Date: 19-01-2024
Business: Adv. Solanki h/f Adv. Sanket Mungale for Plaintiff present.
Adv. Vyas a/w Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 31.01.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2024

Date: 31-01-2024
Business: Adv. Swapna h/f Adv. Sanket Mungale for Plaintiff present.
Adv. Vyas a/w Adv. Pradip Patil for MCGM present.
Ld. Adv. for plaintiff has filed affidavit in rejoinder to NM 1576/23. Taken on record. Copy served to other side.
Matter is adjd  to 09.02.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: Adv. Swapna h/f Adv. Sanket Mungale for Plaintiff present.
Adv. Vyas a/w Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 01.03.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2024

Date: 01-03-2024
Business: Adv. Swapna h/f Adv. Sanket Mungale for Plaintiff present.
Adv. Ms. Rawade h/f Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 10.04.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2024

Date: 10-04-2024
Business: Adv. Swapna h/f Adv. Sanket Mungale for Plaintiff present.
Adv. Vyas a/w Adv. Pradeep Patil for MCGM present.
Ld. Adv. for MCGM has filed additional affidvit in reply to NM No.  1576/23.  Copy served to other side.
Matter is adjd  to 29.04.2024  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Adv. Swapna h/f Adv. Sanket Mungale for Plaintiff present.
Adv. Pradeep Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 26.06.2024 for  NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: Adv. Swapna h/f Adv. Sanket Mungale for Plaintiff present.
Adv. Vyas a/w Adv. A. K. Nandanwar for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd to 10.07.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: Adv. P. D. Gandhy for Plaintiff present.
Adv. Vyas a/w Adv. G. V. Jawale for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 31.07.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2024

Date: 31-07-2024
Business: Adv. P. D. Gandhy a/w Adv. Sanket Mungale for Plaintiff present.
Adv. Dharmesh Vyas a/w Adv. G. V. Jawale for MCGM present.
Heard arguments of both sides on Exh. 9 and NM No. 1576/23.
Matter is adjd  to 17.08.2024 for order on Exh. 9 and NM No. 1576/23.
Next Purpose: NM  ORDERS
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: Adv. Swapna h/f Adv. Sanket Mungale for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
FRSR the following order is passed -
Common order on NM No. 1576 of 2023 and Application Exh. 9
1. Notice of Motion No. 1576 of 2023 is allowed.
2. In view of change in circumstances, the defendants are hereby temporary restrained from taking any action pursuant to the notice dt. 22/12/2018 under Section 351 of the MMC Act and orders dt. 10/03/2019 and 11/12/2019 in respect of the suit premises, pending the hearing and final decision of the suit.
3. Application Ex.9 for speaking to the minutes of the order dt. 07/03/2020 in Notice of Motion No. 15 of 2020 is dismissed.
4. Costs in cause.
5. Notice of Motion and Application Ex.9 stands disposed off accordingly.
Matter is adjd  to 07.11.2024 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-11-2024

Date: 07-11-2024
Business: None present for Plaintiff.
Adv Kartiki kaushik h/f Adv Vyas alongwith Adv Dalvi for Def/ MCGM present.
Matter is adjd to 15-01-2025 for filing evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2025

Date: 15-01-2025
Business: Adv. Swapna Khemlapure h/f Adv. Sanket Mungale for Plaintiff present and requested for adjournment. It is granted.
Adv. Kaushik h/f Adv. Dharmesh Vyas a/w Adv. A. K. Nandanwar for MCGM present.
Matter is adjd to 05.03.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2025

Date: 05-03-2025
Business: The P.O. is on leave hence, matter is adjd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2025

Date: 09-06-2025
Business: Adv. Swapna Khemlapure h/f Adv. Sanket Mungale for Plaintiff present and requested for short adjournment. It is granted.
Adv. Dharmesh Vyas a/w Adv. A. K. Nandanwar for MCGM/Defendant present.
Matter is adjd to 14.07.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2025

Date: 14-07-2025
Business: The P.O. is on leave hence, matter is adjd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-09-2025

Date: 10-09-2025
Business: Adv. Mrunal Mulay h/f Adv. Sanket Mungale for Plaintiff present and requested for short adjournment. It is granted.
Plaintiff present.
Adv. Diya h/f Adv. Dharmesh Vyas a/w Adv. A. K. Nandanwar for MCGM/Defendant present
Matter is adjd to 24.11.2025  for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2025

Date: 24-11-2025
Business: The P.O. is on leave hence, matter is adjd.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-02-2026

Date: 02-02-2026
Business: Adv. Aditya Kothare h/f Adv. Sanket Mungale for Plaintiff present.
Adv. Dharmesh Vyas a/w Adv. A. K. Nandanwar for MCGM/Defendant present.
Matter is adjd to 09.03.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2026

Date: 09-03-2026
Business: Adv. Swapna Khemlapure h/f Adv. Sanket Mungale for Plaintiff present and requested for short adjournment. It is granted.
Adv. A. K. Nandanwar for MCGM/Defendant present.
Matter is adjd to 17.06.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2026

Date: 17-06-2026
Business: Adv. Mrunal Mulye h/f Adv. Sanket Mungale for Plaintiff present and requested for short adjournment. It is granted.
Adv. Diya Jain h/f Adv. Dharmesh Vyas a/w Adv. A. K. Nandanwar for MCGM/Defendant present
Matter is adjd  to 03.08.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2026

Date: 03-08-2026
Business: The P.O. is on orientation training at Uttan. Hence, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-09-2026

NOTICE OF MOTION/101576/2023

Filing Number: 114348/2019
Filing Date: 24-12-2019
First Hearing Date: 03rd February 2020
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE