Date: 13-02-2020
Business: Matter is called out at 3.41pm
Adv.Aishwarya Singh i/b Vashi and Vashi for plaintiff present.
Adv.Nichani for defendant no.3 to 5 present.
Adv. Nichani seeking time to file reply. Time granted.
Matter is adj to 19/03/2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-04-2020
Date: 06-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19)
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principle Judge, Bombay CIty Civil Court in the back drop of outbreak of Novel Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: In view of the Standard Operating Procedure laid down by Honble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: The P.O. is on leave. Hence board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv. Kailash Surve for defendant no. 2, 3 to 5 present and tendered affidavit in reply to NM No. 289/20. Copy served to other side.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 08.02.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv. Shikha Dharia with Adv. Hrushi for plaintiff present.
Defendant no. 5 present. His advocate is absent.
Heard Ld. Adv. for the plaintiff on NM no. 289/20.
Defe. no. 5 request for adjournment. Hence adjourned.
Adjd to 22.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv. Hrushi Narvekar for plaintiff present.
Adv. Denzil D\''Mello for defendant no. 1 present and filed vakalatnama. TOR and marked at Exh. 53.
Def. no. 5 present. His advocate is absent.
On oral request of defendant no. 5 matter is adjourned as last chance.
Adjd to 08.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv. Narvekar for plaintiff present.
Adv. Fernandes for defendant no. 1 present and tendered affidavit in reply to NM No. 289/20. Copy served to other side.
Defendant no. 5 present.
Adv. Lulia for def. no. 5 present.
Order on NM No. 289/20
This is an application by NM under order XIII Rule 9 of the CPC 1908 for return of the original agreement dtd. 27.04.1989 (Exh. 21). In the affidavit in support of the NM, it is stated that the plaintiff undertakes to produce certified copy of the agreement, and he apprehends that the original may get damage or loss in the papers. The defs. no. 3 to 5 have filed their reply stating that the original be kept on record to enable their advocate to cross examine the plaintiff.
The plaintiff is delivering certified copy of the original agreement or being substituted for the original. He also undertakes to produce original, if required to do so. Therefore, there is no impediment to allow the application under Order XIII Rule 9 of CPC. Since the document is admitted in evidence and marked at Exh. 21, the plaintiff shall give receipt after receiving the original document. Accordingly the NM No. 289/20 is made absolute in terms of prayer clause (a).
Adjd to 05.04.2021 for report of Court Commissioner.
Nature Of Disposal: ALLOWED
Disposal Date: 08-03-2021