Date: 15-01-2019
Business: Adv. Ms. Hetal Patel for appellant present.
Ld. Counsel for appellant tenders DD No.597503 and 597504 both dated 11/01/2019 for Rs.5 Lakhs each.
Ld. Counsel submits that the matter was kept on
21/01/2019 for hearing.
Adjd. to 21/01/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-01-2019
Date: 21-01-2019
Business: Adv. Hetal Patel for appellant present.
Adv. L. K. Tripathi a/w Adv. R. P. Oza for respondent nos. 1 and 2 present.
Adv. Vinod Gajangi for respondent no. 3 present.
Adjd to 21.02.2019 for final hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 21-02-2019
Date: 21-02-2019
Business: CORAM HIS HONOUR 2nd ADDITIONAL PRINCIPAL JUDGE, SHRI S. A. QUAZI. Adv Hetal Patel for appellant present.
She files VN. t.o.r.
Adv. R. P. Oza with Adv. L. K. Tripathi for
respondent no. 1 and 2 present.
Adjd. to 13/03/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 13-03-2019
Date: 13-03-2019
Business: Adv. Hetal Patel for appellant present.
Adv. R.P. Ojha with Adv. L.K. Tripathi for respondent Nos.1 and 2 present.
At the request of Ld. Counsel for appellant, adjd. to 04/04/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 04-04-2019
Date: 04-04-2019
Business: Adv. Sarthak Dhone for appellant present.
Adv. R.P. Ojha with Adv. L.K. Tripathi for respondent No.1 and 2 present.
Exh.5Application for adjournment by appellant.
O-Last chance granted.
Adjd. to 25/04/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: Adv. Hetal Patel for appellant present.
Adv. R.P. Ojha with Adv. R.K. Tripathi for respondent No.1 and 2 present.
Exh.6Appellant files application for amendment.
O-Read Heard.
Proposed amendment is allowed.
Applicant to carry out amendment accordingly.
Adjd. to 06/05/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 06-05-2019
Date: 06-05-2019
Business: Adv.Hetal Patel for appellant present.
Adv. L.K. Tripathi with Adv. R.P. Ojha for respondent No.1 and 2 present.
By consent, adjd. to 26/06/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 26-06-2019
Date: 26-06-2019
Business: Adv. Ms. Hetal Patel for appellant present.
Adv. L.K. Tripathi with Adv. R.P. Ojha for respondent Nos.1 and 2 present.
Adv. U.J. Makhija i/b Adv. Vinod Gajangi for respondent No.3 present.
The P.O. had been to J.J.B. Dongri for memo reading, adjd. to 31/07/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 31-07-2019
Date: 31-07-2019
Business: Adv. Ms.Hetal Patel for appellant is present.
Adv. Mr.L.K.Tripathi a/w Adv. R.P.Ojha for respondent No.1 and 2 are present.
Adv. Vinod Gajangi for respondent No.3 is present.
Exh.7 - Adjournment application filed by advocate for appellant. O - Granted.
Adjourned to 19.08.2019 for Hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: Adv. Mr.Rupesh Gamre for appellant is present.
Adv. Mr.L.K.Tripathi a/w Adv. Mr.R.P.Ojha for respondent No.1 and 2 is present.
Adv. Mr.Vinod S. Gajangi for respondent No.3 is present.
As the court is busy in other matters, adjourned to 18.09.2019 for Hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: CORAM HER HONOUR I/C PRINCIPAL JUDGE,
SMT. Dr. C. A. NATHANI (C.R. No.29)
(Matter pertains to C.R. No.19)
Adv. Mr. Sarthak Dhone for Appellant present.
Adv. Mr. L. K. Tripathi with Adv. Mr. R. P. Ojha for Respondent No. 1 and 2 present.
Adv. Mr. Vinod Gajangi for Respondent No. 3 present.
Adjourned to 14.10.2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Adv. Hetal Patel a/w Adv. Rupesh Gamre for appellant is present.
Adv. R. P. Ojha a/w Adv.L. K. Tripathi for respondent No.1 and 2 is present.
Adv. Vindo Gajangi for respondent No.3 is present.
By consent, adjourned to 06.11.2019 for Hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Adv. Hetal Patel a/w Adv. Rupesh Gamre for appellant is present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent No.1 and 2 is present.
Adv. Vinod Gajangi for respondent No.3 is present.
Adjourned to 28.11.2019 for Hearing.
Earlier order to continue till next date, if any.
Next Purpose: HEARING
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: Adv. Rupesh Gamre i/b Adv. Hetal Patel for appellant is present.
Adv. R. P. Ojha a/w Adv. N. K. Tripathi for respondent No.1 and 2 is present.
Adv. Vinod Gajangi for respondent No.3 is present.
On personal ground of appearing advocate for appellant, adjourned to 12.12.2019 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: CORAM HIS HONOUR 1st ADDITIONAL PRINCIPAL JUDGE,
SHRI. S. C. MORE (C.R. No.4)
(Matter pertains to C.R. No.19)
Adv. Rupesh Gamre i/b Adv. Hetal Patel for appellant is present.
Adv. R. P. Ojha a/w Adv. L. K. Tripathi for respondent No. 1 and 2 is present.
Adv. Vinod Gajangi for respondent No. 3 is present.
Earlier order, if any, to continue till next date.
Adjourned to 09.01.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Adv. Hetal Patel a/w Adv. Rupesh Gamre and Adv. Sanjay Shete for appellant present.
Adv. L. K. Tripathi a/w Adv. R. P Ojha for respondent No.1 and 2 present.
Adv. Vinod Gajangi for respondent No.3 is present.
As the HHPJ has been to Magisterial Court for surprise visit in first session.
Adjourned to 21.01.2020 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Adv. Hetal Patel for appellant is present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent No.1 and 2 present.
Adv. Vindo Gajangi for respondent No.3 is present.
As the court is busy in hearing arguments in part heard very old suit No.7464/83, adjourned to 03.02.2020 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Adv. Hetal Patel a/w Adv. Suraj Shetye for appellant present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent No.1 and 2 present.
Adv. Vinod Gajangi for respondent No.3 is present.
At the request of advocate for respondent No.3, adjourned to 25.02.2020 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv. Hetal Patel for appellant is present.
Adv. Ankit Ojha a/w Adv. Virendra Tripathi h/f Adv. R. P. Ojha and Adv. L. K. Tripathi for respondent No.1 and 2 present.
Adv. Vinod Gajangi for respondent No.3 is present.
As the connected Misc Appeal No.7/19 is adjourned to 12.03.2020.
Adjourned to 12.03.2020 for Arguments
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Adv. Hetal Patel a/w Adv. Suraj Shetye for appellant present.
Adv. L. K. Tripathi a/w R. P. Ojha for respondent No.1 and 2 present.
Adv. Vinod Gajangi for respondent No.3 is present.
As the connected matter is adjourned to 23.03.2020, hence adjourned to 23.03.2020 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: ARGUMENTS
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Next Purpose: ARGUMENTS
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Business: None present for both the parties.
Adjourned to 29.09.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Both sides absent. Due to COVID-19 adjourned to 22.10.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 24.11.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Business: Adv. Hetal Patel for appellant present.
Adv. L. K. Tripathi for respondent No.1 and 2 present.
Adjourned to 17.12.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Adv. Sarthak Dhone a/w Adv. Suraj Shetye i/b Adv. Hetal Patel for appellant present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent No.1 and 2 present.
Adv. Vinod Gajangi for respondent No.3 is present.
At the request of advocate for appellant, matter adjourned to 05.01.2021 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: Adv. Rupesh Gamre h/f Adv. Hetla Patel for appellant is present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent no.1 and 2 present.
Adv. C. R. Shah h/f Adv. Vinod Gajangi for respondent No.3 is present.
At the request of advocate for respondent no.3, by way of last opportunity, adjourned to 28.01.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv. Hetal Patel for appellant is present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent no.1 and 2 present.
Adv. Vinod Gajangi for respondent no.3 present.
Since connected matter is adjourned, this matter is also adjourned to 08.02.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv. Suraj Shety a/w Adv. Rupesh Gamre i/b Adv. Hetal Patel for appellant present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent no.1 and 2 present.
Adv. Vindo Gajangi for respondent no.3 is present.
Adjourned to 02.03.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv. Hetal Patel a/w Adv. Sarthak Dhone, Adv. Rupesh Gamre and Adv. Suraj Shetye for appellant present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for R/1 and 2 present.
Adv. U. J. Mahija a/w Adv. Vinod Gajangi for R/3 present.
Parties to submit their brief submissions so that it become easier to hear the matter in the prevalent situation.
Adjourned to 19.04.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: COURT IS ON LEAVE TODAY.
Adv. Suraj Shetye h/f Adv. Hetal Patel for appellant present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for R/1 and 2 present.
Adv. Vinod Gajangi for R/3 present.
By consent, matter adjourned to 16.06.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: Adv. Suraj Shetye i/b Adv. Hetal Patel for appellant is present.
Adv. Viren Tripathi h/f Adv. L. K. Tripathi for respondent no.1 and 2 is present.
None present for respondent No.3.
By consent, adjourned to 05.07.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: Adv. Hetal Patel for appellant is present.
Adv. Virendra Tripathi h/f Adv. L. K. Tripathi for respondent No.1 and 2 is present.
Adv. Suraj Shetye h/f Adv. Vinod Gajangi for respondent No.3 is present.
Due to COVID-19, adjourned to 29.07.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: Adv. Mr. Sarthak Dhone h/f. Adv. Ms. Hetal Patel for appellant is present.
Adv. Mr. Virendra Tripathi h/f Adv. L. K. Tripathi for respondent No.1 and 2 is present.
Adv. Mr. C.R. Shah h/f Adv. Mr. Vinod Gajangi for respondent No.3 is present.
By consent of both the parties, adjourned to 01.09.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv. Hetal Patel for appellant is present.
Adv. R. P. Ojha a/w Adv. L. K. Tripathi for respondent no.1 and 2 is present.
None present for respondent no.3.
Since connected matter is adjourned, this matter is adjourned to 17.09.2021 for Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Adv. Hetal Patel for appellant is present.
Adv. L. K. Tripathi for respondent No.1 and 2 is present.
Ld. counsel Mr. V. Y. Sangalikar i/b Adv. Vinod Gajangi for respondent No.3 is present.
Since connected matter is adjourned to 02.12.2021, this matter is also adjourned to 02.12.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Adv. Hetal Patel a/w Adv. Rupesh Gamre for appellant is present.
Adv. R. P. Ojha a/w Adv. R. K. Dubey for respondent No.1 and 2 is present.
Adv. Nilesh Masurkar h/f Adv. Vinod Gajangi for respondent No.3 is present.
Adjourned to 14.12.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Adv. Rupesh Gamre a/w Adv. Suraj Shetye i/b Adv. Hetal Patel for appellant is present.
Adv. R. P. Ojha for respondent No.1 and 2 is present.
Adv. Chetan Shah for respondent No.3 is present.
In Writ Petition No.13574 of 2021 the Honble High Court has clarified that this court can proceed to adjudicate the pending appeal filed by the liquidator and the impugned order shall not operate as any embargo on this court to proceed in such proceeding. Hence matter is fixed for final arguments on 22.12.2021. Both the parties shall proceed with the matter without fail. On failure to proceed the matter necessary orders will be passed.
Adjourned to 22.12.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Adv. Hetal Patel for appellant is present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent No.1 and 2 is present.
Adv. V. Y. Sangalikar i/b Adv. Vinod Gajangi for respondent No.3 is present.
Heard both the sides.
Appellant in Appeal No.7/19 submitted that he require some time. The respondents objected for the same on the ground that sufficient opportunity is already granted. Admittedly this court has passed an order on last date that both the parties shall proceed with the matter without fail. There is vacations to the Civil Court from the 24th of December and therefore it will not be possible to this court to conclude and to pass the judgment. Hence matter is kept on 03.01.2022 for Arguments. Appellant in Misc. Appeal No.4/19 shall proceed with her argument on that day.
The liquidator’s appeal will be taken on 06.01.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: CORAM : HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Hetal Patel for appellant is present.
Adv. L. K. Tripathi for respondent No.1 and 2 is present.
Adv. Vindo Gajangi for respondent No.3 is present.
Ld. advocate of the appellant submitted that connected matter is kept on 06.01.2022 and she is adopting the argument of Liquidator by seeking permission to argue additional issues if any and reply.
Adjourned to 06.01.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Hetal Patel for appellant is present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent No.1 and 2 is present.
Ld. counsel Mr. V. Y. Sangalikar a/w Adv. Vinod Gajangi for respondent No.3 is present.
Since connected matter is adjourned to 25.01.2022, this matter is also adjourned to 25.01.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Hetal Patel for appellant is present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent No.1 and 2 is present.
Ld. counsel Mr. V. Y. Sangalikar i/b Adv. Vinod Gajangi for respondent No.3 is present.
Since connected matter is adjourned to 29.01.2022, this matter is adjourned to 29.01.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Business: COURT IS ON LEAVE TODAY.
Adv. Hetal Patel for appellant is present.
Adv. R. P. Ojha a/w Adv. Viren Tripathi for respondent No.1 and 2 is present.
Ld. counsel Mr. V. Y. Sangalikar a/w Adv. Vinod Gajangi for respondent No.3 is present.
Adjourned on 05.02.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Business: Adv. Hetal Patel along with Adv. Rupesh Gamre for appellant present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent No.1 and 2 is present.
Adv Vinod Gajangi along with Ld. Advocate for V. Y. Sangikar for respondent no. 3 present.
Arguments of the Ld. Advocate for appellant in connected matter heard. Hence, Matter adjn for arguments to 18.02.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Hetal Patel for appellant is present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent No.1 and 2 is present.
Ld. counsel Mr. V. Y. Sangalikar a/w Adv. Vinod Gajangi for respondent No.3 is present.
Advocate for appellant adopted the arguments of Ld. counsel Mr. Sangalikar made in Misc. Appeal No.7/19 for appellant.
Also heard further final arguments of Ld. Adv. Ms. Patel for appellant.
Adjourned on 02.03.2022 for Arguments of Respondents.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
None present for appellant.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent No.1 and 2 is present.
Adv. Vinod Gajangi for respondent No.3 is present.
Heard final arguments of Adv. L. K. Tripathi for respondent partly.
Adjourned on 04.03.2022 for Further Arguments of Respondent.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Hetal Patel for appellant is present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent No.1 and 2 is present.
Adv. Vinod Gajangi for respondent No.3 is present.
Heard further final arguments of Ld. Adv. L. K. Tripathi for respondent No.1 and 2 partly.
Adjourned on 07.03.2022 for Further Arguments of Respondent.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Hetal Patel for appellant is present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent No.1 and 2 is present.
Ld. counsel Mr. V. Y. Sangalikar a/w Adv. Vinod Gajangi for respondent No.3 is present.
Heard final arguments of Ld. Adv. Tripathi for respondent No.1 and 2.
Adjourned on 15.03.2022 for Reply Arguments, if any.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: COURT IS ON LEAVE TODAY.
None present for appellant.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent No.1 and 2 is present.
Ld. counsel Mr. V. Y. Sangalikar a/w Adv. Vinod Gajangi for respondent No.3 is present.
Adjourned on 31.03.2022 for Argument P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Hetal Patel for appellant is present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent No.1 and 2 is present.
Ld. counsel Mr. V. Y. Sangalikar a/w Adv. Vinod Gajangi for respondent No.3 is present.
Heard reply arguments of both sides.
Adjourned on 08.04.2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Hetal Patel for appellant is present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent No.1 and 2 is present.
Adv. Vinod Gajangi for respondent No.3 is present.
As court is busy in dictating judgment in Sessions Case No.444/14, hence matter is adjourned 20.04.2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Hetal Patel for appellant is present.
Adv. L. K. Tripathi a/w Adv. R. P. Ojha for respondent No.1 and 2 is present.
Adv. Vinod Gajangi for respondent No.3 is present.
Judgment is dictated and pronounced in open court.
Exh.10 - Common Judgment in Misc Appeal Nos.7/19 and 4/19. It is kept in Misc. Appeal No.7/19.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal Nos.7 of 2019 and 4 of 2019 are hereby partly allowed.
2. The order dated 31.08.2018 passed by the Estate Officer directing both the opponents to vacate the premises within 15 days from the date of receipt of the order is hereby maintained.
3. The finding of the Estate Officer to pay the damages @ Rs.7817.29 is hereby set aside.
4. Opponents are directed to pay damages @ Rs.3125/- per month multiply by total number of days i.e. 1606 which comes to Rs.50,18,750/-.
5. Opponent nos.1 and 2 jointly and severely are liable to pay the said amount @ 12 per cent per annum on the above sum. Said amount is to be paid by the opponents within 30 days. The amount is to be recovered as per the law.
6. Record and Proceedings be sent back to Respondent/Applicant.
7. Original Judgment be kept in Misc. Appeal No.7 of 2019 and Copy of Judgment be kept in Misc. Appeal no.4 of 2019.
Ld. advocate for the appellant in Misc Appeal No.4 of 2019 filed an application for stay for the execution and implementation of the order passed by this court. TOR and marked as Exh.8.
Adv. Ojha for respondent No.1 and 2 recorded reply on application itself.
Order - This court has disposed off the appeal by maintaining the eviction order and by modifying the compensation amount. Appellants wants to challenge the said order before the Honble High Court. It is submitted on behalf of the appellant that if stay is not granted appellant will lose his possession and appeal before the Honble High Court will become infructuous. It is the right of the appellant to file an appeal. Admittedly appellant will lose the possession if order is executed in the meantime. Hence in the interest of justice the implementation and execution of the order passed by this court is hereby stayed for three weeks.
Nature Of Disposal: ALLOWED
Disposal Date: 20-04-2022