Jasmin B. ShahVsSadhana Niwas CHS Ltd +1 more

Date: 13-03-2019
Business: Matter is adjd. to. 13.06.2019 for report of service of writ of summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-06-2019

Date: 13-06-2019
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: Court is busy in hearing NM in suit no.599/18 and court has to hear NM in suit no.627/13 and other matter, hence case is adjourned to  07/11/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Advocate Snehal Marathe for Plaintiff present and submitted that considering affidavit of service of writ of summons filed on 13/06/2019 should be considered and exparte order should be passed against Defendant no.2 who has not appeared in spite of issuing writ of summons by public notice.
None present for Defendants.
Affidavit and copy of newspaper Free Press Journal datd 08/06/2019 along with Marathi Newspaper Navshkti dated 08/06/20198 shows that public notice was published against Defendant no.2 for his appearance in this suit.  In spite of publishing public notice Defendant no.2 has not appeared in the suit hence suit to proceed exparte against Defendant no.2.   Defendant no.1 is already filed his Written Statement on record and pursis to treat said Written Statement as reply to NM no.139/19.  As pleadings of NM no.139/19 are completed hence case is adjourned to 17/01/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: PO IS ON LEAVE.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: None present for Plaintiff.
None present for Defendant.
In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard.
Case is adjourned to 30/06/2020 for N/M/ hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2020

Date: 30-06-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2020

Date: 28-08-2020

Date: 01-10-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 04/01/2021 for  Service.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2021

Date: 04-01-2021

Date: 22-03-2021
Business: Adv Ms. Snehal Marathe for plff present.
None present for deft.
K.B. for argument.
L.O. at 5.00 p.m,.
After hearing the argument of adv for the plff some time, she seeks liberty to produce certain additional documents for showing possession of the plff.
As nobody present for contesting deft No.1, adjournment is granted with liberty to produce additional documents, if any, with further direction to serve copy of those documents on deft No.1.
Matter is adjd. for further argument to 08.04.2021.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Adv Ms. Snehal Marathe for plff present.
None present for deft.
Heard further arguments of adv. for the plff in NM No.139/2019.
Matter is adjd. for argument of deft No.1 to 21.04.2021.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 26-04-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: Adv for plff present.
Adv Ms. Bhagwati deft No.1 present.
K.B.
L.O. at 11.10 a.m.
Adv Ms. Snehal Marathe for plff present and filed additional affidavit in support of NM No.139/2019. Copy served on the advocate for the deft No.1.
Adv Ms. Bhagwati Ragahani for deft No.1 present and seeks time to take instructions in respect of the affidavit filed today.
By consent, matter is adjd. for further argument in NM No.139/2019 to  06.05.2021.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 06-05-2021

Date: 06-05-2021
Business: None present for plaintiff.
Adv. Smt.Bhagwati N. Raghani for D1 present and submitted that she has received a text message from the advocate for the plaintiff that said advocate for the plaintiff is unable to attend the court today.
Advocate for the defendant No.1 filed affidavit in rejoinder in NM No.139 of 2019. As nobody is present for the plaintiff, considering the present Pandemic Condition, matter is adjourned at same stage beyond Summer Vacation to 14/06/2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 14-06-2021

Date: 06-05-2021
Business: None present for plaintiff.
Adv. Smt.Bhagwati N. Raghani for D1 present and submitted that she has received a text message from the advocate for the plaintiff that said advocate for the plaintiff is unable to attend the court today.
Advocate for the defendant No.1 filed affidavit in rejoinder in NM No.139 of 2019. As nobody is present for the plaintiff, considering the present Pandemic Condition, matter is adjourned at same stage beyond Summer Vacation to 14/06/2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Business: None present for the plaintiff.
Adv. Smt.  Bhagwati Raghani for defendant No.1 present.
Affidavit in Rejoinder is filed by defendant No.1 in NM No.139 of 2019 on the previous date. It is necessary to give opportunity to the plaintiffs to make submission in view of filing of said affidavit in rejoinder. As nobody is present for the plaintiff today, with direction to the advocate for the defendant No.1 to serve the copy of rejoinder on the advocate for the plaintiff, matter is adjourned for further NM hearing to 22.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: Adv.Smt. Snehal Marathe for plaintiff present.
Adv. Smt. Bhagwati Raghani for defendant No.1 present.
Heard further arguments partly in NM No.139 of 2019. learned advocate for the defendant No.1 submitted that criminal case before Andheri Court is pending and it is connected with the present matter. She submitted that she wants to produce copies in the said matter in the present matter.
By consent, matter adjourned for further NM hearing to 09.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Adv Ms. Snehal Marathe for plff present and produced one document with list in NM No.139/19.
Adv Ms. Bhagwati Raghani for deft No.1 present and filed copy of chargesheet with list in NM NO.139/19.
None present for deft No.2.
By submitting that deft No.1 has never stopped the plff from approaching the suit premises till date, adv. for deft No.1 seeks further time for producing few more documents. O- Time granted till next date.
Matter is adjd. for further argument in NM to 26.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: Adv Ms. Snehal Marathe for plff present.
Adv Ms. Bhagwati Raghani for deft present and filed copies of three orders passed by MPID Special Court and copy of  CIS in respect of MPID Case No.7/2019 with pursis in N.M.No.139/2019.
Court is busy in other matters hence this matter is adjd. for further NM hearing to 24.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Adv. Marathe for plaintiff present.
Adv. Bhagwati Raghane for D-1 present and produced copy of resolution passed by D-1. Adv. for plaintiff seeks time to take instructions from her client.
By consent matter adjd for further NM argument on 21/10/2021.
Judge
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Adv Ms.Snehal Marathe present for plff.
Adv Ms. Bhagwati Raghani present for deft.No.1 and has made endorsement “If the plaintiff ready to deposit entire maintenance it shall be treated as receipt of interest and  maintenance charges for S.S. Desai (deft No.2) and bill and receipt shall be issued in the name of S.S. Desai during pendancy of present suit No.2884/2018.”
Adv. for plff also made endorsement on said NM as plff should not be dispossess without due process of law.
Further arguments heard in NM No. 139/2019.
Matter is adjd. for order to 27.10.2021.
Authenticated copy of this roznama be given to both the parties.
Next Purpose: ORDER
Next Hearing Date: 27-10-2021

Date: 27-10-2021

Date: 09-11-2021
Business: Adv Ms. Marathe present for plff.and filed additional affidavit in NM No.139/2019.
Adv Ms. Bhagawati present for deft.No.1 and seeks time to make submissions in view of the  additional affidavit filed today by the plff.
By consent, matter is adjd. for further NM hearing to 25.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: None present for plff.
Adv Mr. Bhagawati for deft No.1 present and filed pursis alongwith copy of roznama in MPID case No 7/2019. Copy be given to the plff.
Matter is adjd. for further NM hearing to 14.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: Adv Smt. Marathe  present for plff.
Adv Smt. Bhagwati present for deft.No.1.
Heard further arguments in NM No.139/2019.
Matter is adjd. for NM order to 22.03.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 22-03-2022

Date: 22-03-2022
Business: Adv Smt. Marathe present for plff.
Adv Smt. Bhagwati  present for deft.
Court is busy in other matters hence, for want of time, this matter is adjd. for NM order to 30.03.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: None present for plaintiff.
Adv. Bhagwati for defendant no.1 present.
Matter is kept today for NM order but regular stenographer is on leave and alternate stenographer is not provided hence, matter adjourned for NM order to 06-04-2022
Next Purpose: NM  ORDERS
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: None present for plff.
Adv Smt. Bhagawati present for deft.No.1.
K.B.
L.O.at 3.55 p.m.
Same appearance as above.
Matter is kept today for passing order in NM No.139/2019.
Prayer clause “b” of the NM shows that plff has prayed to direct defendant No.1 to accept maintenance charges of the suit flat or to allow the plff to deposit it in Court.  Plff has not specified the amount of maintenance charges and outstanding maintenance charges either in the plaint or in the affidavits filed in support of the NM. Adv for the defendant No.1 is present today. She submitted that defendant No.1 will produce the statement of maintenance charges due and payable by the plaintiff, as per the Resolution dt.19.09.2021 which is produced on record with pursis on 24.09.2021. Allowed to produce with liberty to the plaintiff to make submissions on the statement if so produced by defendant No.1. In the result, matter is adjd. for further NM argument to 11.04.2022.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 11-04-2022

Date: 06-04-2022
Business: None present for plff.
Adv Smt. Bhagawati present for deft.No.1.
K.B.
L.O.at 3.55 p.m.
Same appearance as above.
Matter is kept today for passing order in NM No.139/2019.
Prayer clause “b” of the NM shows that plff has prayed to direct defendant No.1 to accept maintenance charges of the suit flat or to allow the plff to deposit it in Court.  Plff has not specified the amount of maintenance charges and outstanding maintenance charges either in the plaint or in the affidavits filed in support of the NM. Adv for the defendant No.1 is present today. She submitted that defendant No.1 will produce the statement of maintenance charges due and payable by the plaintiff, as per the Resolution dt.19.09.2021 which is produced on record with pursis on 24.09.2021. Allowed to produce with liberty to the plaintiff to make submissions on the statement if so produced by defendant No.1. In the result, matter is adjd. for further NM argument to 11.04.2022.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: Adv Smt. Snehal Marathe present for plff.
Adv Smt. Bhagawati present for deft.No.1 and filed pursis in NM No.139/2019 alongwith the dues payable by the plaintiff till date.
Copy given to the adv for plff.
Av for plff seeks time to make submissions by sending the details to plff.
Matter is adjd. for further argument to 19.04.2022.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: Adv Smt. Snehal Marathe present for plff. and seeks time to give the calculations in respect of the arrears of maintenance charges.
Adv Smt. Bhagawati present for deft.No.1.
By consent, matter is adjd. for further arguments to 02.05.2022.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 02-05-2022

Date: 02-05-2022
Business: Adv Mr. Snehal Marathe  present for plff. and filed pursis for maintenance amount to be deposited by the plff .
Adv Smt. Bhagawati present for deft.No.1
None present for deft No.2
Mr. P.V. Desai, Secretary of deft No.1 Society present.
Copy of pursis given to adv for deft No.1
Adv fro plff endorsed on pursis filed by adv for deft No.1 that plff is ready to deposit the amount without prejudice to the rights and contentions of the plff.
Matter is adjd. for NM order to 06.05.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-05-2022

Date: 06-05-2022
Business: Adv Smt. Snehal Marathe present for plff.
Adv Smt. Bhagwati Raghani present for deft. No.1.
Mr. P.V. Desai, Secretary of Deft No.1 present.
None  present for deft No.2
F.R.S.R. following order is passed in N.M.No.139/2019
                     ORDER
      Notice of Motion No.139 of 2019 is partly allowed as under.
Pending final decision of the suit, defendants or anybody claiming through them are hereby temporarily restrained from interfere into and disturbing the possession of the plaintiff over the suit flat, without following the due process of law.
    Without prejudice to the rights and contentions of the defendants, plaintiff is permitted to deposit an amount of Rs.4,71,250/- (Rupees four Lakh Seventy One Thousand Two Hundred Fifty Only) in the Court towards the arrears of maintenance charges alongwith interest as is calculated in pursis filed on 11/04/2022 by the advocate for defendant No.1.
     The above order is without prejudice to the prosecution initiated already under MPID Act.
      Plaintiff shall deposit the amount in the Court on or before next date.
                             ----
Matter is adjd. for compliance and draft issues to 16.06.2022.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 06-05-2022

Main Case No: SUIT/0102884/2018
Main Cnr: MHCC010112132018
Main Filing No: 111447

Registration Number: 100139/2019
Transfer Date: 11-04-2019
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100139/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 100279/2019
Filing Date: 10-01-2019
First Hearing Date: 13th March 2019
Decision Date: 06th May 2022
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE