Rambharath Ramadhar YadavVsMCGM - Applicant - Raisabanu Phiroj Khan

Date: 19-12-2018
Business: Advocate Mr. Nilesh Pandey for Plaintiff present.
Advocate Ms. Tondwalkar for BMC/Deft present and filed reply-cum Written statement.
Dy. Collector Mr. Ajit Nairale present in respect of summons issued and submitted that, as per letter filed with list Exh.4 in this suit, BMC can take the action under BMC Act against the private property which is declared as slum.  As Dy. Collector made it clear that BMC has jurisdiction to take action against private property which is declared as slum, confusion of the parties about the authority of BMC now has come to an end, hence Dy. Collector Mr. Nairale is discharged.
Learned advocate for Plaintiff Mr. Nilesh Pandey submitted that, Written Statement filed by Defendant/BMC can not be accepted after 30 days of appearance of Defendant before this Court. Advocate for BMC submitted that, summons is not served upon BMC but BMC sou-motto has appeared in the matter on the basis of notice served in respect of draft NM.  As BMC has sou-motto appeared and as affidavit of service of writ of summons is not filed by Plaintiff on record, I find that Written Statement filed by BMC can be accepted hence Written Statement-cum-reply filed by advocate for BMC is taken on record and marked as Exh.5.
Copy of Written Statement served upon advocate for Plaintiff.
Earlier order to continue till next date.
Case is adjourned to 16/01/2019 for hearing of Notice of Motion and Chamber Summons reply/hearing.
L.O.
WPN 03944 attached to Mulund Police Station present and submitted BW report, t.o.r.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-01-2019

Date: 16-01-2019
Business: Advocate Mr. Nilesh Pandey for Plaintiff present.
Advocate Mr. Thakare h/f Adv. Punekar for applicant present and filed original Chamber Summons no.2135/18 with affidavit in support, t.o.r.
Adv. Ms. Tondwalkar for BMC/Deft present.
Heard.
F.R.S.R. following order has passed -
                               ORDER
Chamber Summons No.2135/2018 stands disposed off/dismissed.
Learned advocate for Plaintiff submitted that, he has taken out some case laws to be submitted in this matter however he is intending to get the documents which are referred in the various circulars of BMC, Secretariat, Slum authority office, etc.  He fairly submitted that, he will not require more than 2 weeks time to collect those references, hence requested to adjourn the matter.  Advocates for BMC, Ms. Tondwalkar and Mr. Walavalkar strongly opposed for adjmt of the matter on the ground that this matter is being adjourned from time to time on same ground and therefore, ad-interim relief granted is being continued without hearing NM on merits.  Hence BMC has strong objection to adjourn the matter .  Considering submissions made at bar for giving fair opportunity to Plaintiff, adjmt granted for two weeks as a last chance.
Earlier order to continue till next date.
Case is adjourned to 04/02/2019 for hearing of Notice of Motion.
Plaintiff is directed to get register NM meanwhile.  Time extended to register NM.
Nature Of Disposal: DISMISSED
Disposal Date: 16-01-2019

Main Case No: SUIT/0101411/2018
Main Cnr: MHCC010069012018
Main Filing No: 111447

Filing Number: 115495/2018
Filing Date: 27-11-2018
First Hearing Date: 19th December 2018
Decision Date: 16th January 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE