Date: 14-01-2020
Business: Advocate Mr. Dalal for Plaintiff present and filed registered Notice of Motion no.190/2020 with affidavit in support, t.o.r.
Advocate Mr. I. P. Mishra for Defendant present and submitted that Defendant will file detailed reply in respect of Notice of Motion.
Considering the fact that Defendant required some time to file detailed reply, I find that ad-interim relief in terms of prayer (a) can be granted at least till filing Notice of Motion reply by Defendants, hence ad-interim relief in terms of prayer clause (a) of Notice of Motion is granted till filing NM reply by Defendants.
Case is adjourned to 27/02/2020 for Notice of Motion for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 13/01/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Adv Mr.Sachin Chaudhary h/f Dharam & Co for Plff present.
None present for the Defendant to argue pending Notice of Motion.
Advocate for Plaintiff seeks adjournment to file rejoinder.
As nobody is present for the Defendant, matter is adjd. for filing rejoinder / hearing on Notice of Motion to 25.02.2021.
Earlier interim order to continue till then as nobody is present today for the Defendant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Plff No.1 present with Adv Ms. Uma Sharma h/f Dharma & Co. for plffs and filed rejoinder in NM N. 190/2020. Copy served on adv for deft.
Adv Mr. R. Gonsavles for deft present.
By consent, matter is adjd. for NM hearing to 22.04.2021.
Earlier interim order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Plff No.1 present in person with Adv Ms. Uma Sharma and seeks adjournment.
Adv Mr. Gonsalves for deft present and submitted to the order of the Court.
By consent, matter is adjd. for NM hearing to 25.11.2021.
Eaerlier interim order, if any, to continue till next date.
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: Due to Covid-19, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2022
Date: 25-04-2022
Business: Adv Smt. Uma Sharma present for plff.
Adv Mr. Gonsalves present for deft.and tendered registered NM No.1359/2022 alongwith affidavit in support.
Adv for plff filed reply in NM No.1359/2022.
Adv for plff made a statement that plff will not create third party interest in the suit flat till decision of NM No.1359/2022.
By consent, matter is adjd. for NM hearing to 23.06.2022.
Earlier interim order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv.Uma Sharma for plaintiff present.
KB
LO at 03.00 pm,
Plaintiff No.2 present.
Adv.Sachin Choudhari for plaintiff present.
Defendant present. Adv. absent.
Defendants advocate absent, hence, adjourned.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 08.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Adv.Sachin Choudhary for plaintiff present.
Adv.Ms.Eventa Gonsalves for defendant present.
Earlier order of interim relief if any to continue till next date.
As Court is busy in hearing argument in SU 1980/22 in draft NM and dictating judgment in SU 7962/94, hence, adjourned.
Matter adjd to 03.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: Plaintiff No.1 present. Deft.No.1 present.
Adv.Ms.Eventa Gonsalves for deft. present.
The plaintiff requested for adjournment for hearing of notice of motion. The Adv.for the defendant pointed out that since long the motion is pending. There is ad-interim relief running in favour of plaintiff. Last chance granted to the plaintiff for hearing of notice of motion.
Matter adj. to 28.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Defendant No.1 is present.
Adv.Uma Sharma for plaintiff present.
Adv.E.A. Gonsalvis for deft.No.1 present.
KB
LO at 04.20 pm
Adv.Uma Sharma for plaintiff present.
Adv.E.A. Gonsalvis for deft.No.1 present.
Earlier order of interim relief if any to continue till next date.
On the oral request of Adv.of plaintiff matter adj. to 07.12.2022 at 12.30 pm for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: Adv.Uma Sharma a/w.Adv.Bhadang for plaintiff present.
Adv.Ms.Gonsalves for deft.present.
Adv.of pltff.filed additional affidavit t.o.r. and marked as Exh.4.
(As Court is busy in dicatating judgment in SU 1303/13, hence, adjourned.)
Earlier order of interim relief if any to continue till next date.
Matter adjd to 10.01.2023 at 12.00 noon for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Called out at 12.00 noon.
Defendant No.1 present.
Adv.Bhadang i/b.Dharam and Co. for plaintiff present.
Adv.Zoheb Sayyed h/f.Adv.Reyden Gonsalves for defendant No.1 present.
KB
LO at 01.00 pm
Adv.Bhadang i/b.Dharam and Co. for plaintiff present.
Adv.Reyden Gonsalves for defendant No.1 present and requested for adjournment.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 07.02.2023 at morning for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: In-charge Court Room No. 62
Adv.Sachin choudhary for plaintiff present.
Adv.Ms.Eventa Gonsalves for defendant present.
Earlier order of interim relief if any to continue till next date.
By consent matter adj. to 21.02.2023 at 12.00 noon for NM hearing.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: Adv.Bhadang for plaintiff present.
Adv.Ms.Eventa Gonsalves for defendant present.
KB
LO at 12.55 pm
Adv.Bhadang for plaintiff present.
Adv.Ms.Eventa Gonsalves for defendant present.
Heard Adv.for plaintiff in both Notice of motion.
Matter adjd to 06.03.2023 at 12.00 noon for argument of defendant in both NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Adv.Uma Sharma for plaintiff present.
Adv.Eventa Gonsalves for defendant present.
KB
LO at 03.25 pm
Same appearance.
KB
LO at 03.45 pm
Same appearance.
Partly heard Adv.Eventa Gonsalves in NM 190/20 and NM 1359/22.
Matter adjd to 16.03.2023 at morning for further argument of the defendant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: Plaintiff and defendant present.
Adv.Reyden Gonsalves for defendant present.
By consent matter adjd to 10.04.2023 at morning for further argument of defendant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: None present for plaintiff. Defendant present.
KB
LO at 12.00 noon
Same appearance.
KB
LO at 01.30 pm
Adv.Sachin Choudhary for plaintiff present.
Adv.Eventa Gonsalves for defendant present.
KB
LO at 03.50 pm
Adv.Sachin Choudhary for plaintiff present.
Adv.Eventa Gonsalves for defendant present.
Heard Adv.for defendant in NM 1359/22 and NM 190/20.
Earlier order of interim relief if any to continue till next date.
On oral request of the plaintiff\''s advocate matter adjd to 24.04.2023 at 12.00 noon for rejoinder argument.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: Adv.Dharam Sharma for plaintiff present.
Adv.Reyden Gonsalves for defendant present.
Heard the plaintiffs rejoinder argument in NM 1359/22 and NM 190/20. He cited one judgment. The defendant requested to keep back to make submissions on the citations.
LO at 01.55 pm
Adv.Uma Sharma for plaintiff present.
Adv.Eventa Gonsalves for defendant present.
Heard Adv. for defendant in NM 1359/22 and NM 190/20.
Matter adjd to 04.05.2023 for order in NM\''s.
Next Purpose: ORDER
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: Plaintiff present. Defendant present.
Adv.Rajesh Jain for plaintiff present.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 09.06.2023 for NM order.
Next Purpose: ORDER
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2023
Date: 20-07-2023
Business: Adv. Sachin Choudhari i/b Dharam and Co present for plff.
Adv. Nandesh Manek h/f Adv. J. P. Thakkar present for deft.
Plff present. Deft present.
Interim relief, if any, to be continued till next date.
Adj. For Order on NM on 05/08/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: Plff present.
Adv. Nandesh Mane present for deft.
KB for Order
LO 5.10 pm.
Adv. Rajesh Jain h/f Adv. Sachin Choudhary present for plff.
Adv. Nandesh Mane present for deft.
F.R.S.R. following order passed on NM 190/20 and NM 1359/22.
1. Notice of Motion N0. 190/2020 is dismissed.
2. Notice of motion No. 1359/2022 is partly allowed as follows :-
a) Pending the hearing and final disposal of the suit, by the order of interim injunction the plaintiffs are restrained from transferring, selling or creating third party right, interest and from parting with the possession of the suit flat i.e. Flat no.3 situated on first floor Lamina Apartment, Lamina CHS Ltd, Naushir Bharucha Marg, Grant Road, Mumbai 400 007.
b) Relief for issuance of direction against the plaintiffs to deposit balance amount of consideration Rs. 1 Crore and relief seeking appointment of Court Receiver are rejected.
3. Costs shall follow the event.
Nature Of Disposal: DISMISSED
Disposal Date: 05-08-2023
