Date: 09-03-2018
Business: Matter adj. for Written Statement to 06.06.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-06-2018
Date: 06-06-2018
Business: Matter adj. for NM Hearing to 18.08.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-08-2018
Date: 18-08-2018
Business: Court is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-10-2018
Date: 17-10-2018
Business: Matter adj. for NM Hearing to 12.02.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-02-2019
Date: 12-02-2019
Business: Matter adj. for Rejoinder to 06.06.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-06-2019
Date: 06-06-2019
Business: Matter stands Adj for hearing to 21.06.19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-06-2019
Date: 21-06-2019
Business: Matter stands adjd for hearing on NM no. 3750/17 and 199/18 to 03.07.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-07-2019
Date: 03-07-2019
Business: Matter stands Adj for Order on NM no. 3750/17 and NM no.199/18 to 17.07.19.
Next Purpose: ORDER
Next Hearing Date: 17-07-2019
Date: 17-07-2019
Business: Adv. Yadav h/f Jagjit Rehel for plaintiff present.
Adv. R. M. Kumar for defendant no. 1 to 3 present.
Application for adjournment filed on behalf Ld. counsel for plaintiff. Heard both sides. I find that adv. for plaintiff is suffering from illness and medical certificate is filed on record along with documents. Hence, adjournment granted.
Matter stands Adj for hearing/order on NM to 05.08.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: Adv. Jagjit Rehel for plaintiff present.
Defendant no. 1 present.
By consent, Matter stands Adj for NM hearing to 29.08.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-08-2019
Date: 29-08-2019
Business: Adv. Jagjit Rehel for plaintiff present.
Adv. R. M. Kumar for defendant no. 1, 2 and 3 present.
Arguments on behalf of defendant no. 1, 2 and 3 were heard on 03/07/2019. Now the counsel for the plaintiff as to argue the NM.
Matter stands Adj for 20/09/2019 at 02 45 pm for Hearing on NM 199/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: Adv. Jagjit Rehel for plaintiff present.
Adv. R.M. Kumar for defendant no. 1 to 3 present.
Matter stands Adj for NM hearing to 15.10.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: Court is busy in hearing arguments in suit no. 7353/06. Hence, Board is discharged.
Matter stands adjn for NM hearing to 07.12.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-12-2019
Date: 07-12-2019
Business: Adv. Jagjit Rahel for plaintiff present.
Defendant no. 1 present.
Court is busy in dictating order in st. no. 13455/19 and st. no. 13456/19.
Hence, Matter stands Adj for NM hearing to 08.01.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Adv. Jagjit Rahel for plaintiff present.
Defendant no. 1 present in person.
Matter stands Adj for hearing on NM to 11.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: The court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: There is no urgency in matter.
As per directions of office order no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Matter stands Adj for hearing on NM to 09.06.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Advocate Pradhyuman Chauhan for Plaintiff present.
None for Defendant.
KB
LO at 3.40pm,
Same appearance.
Earlier order is to be continued till next date.
The case is adjourned to 05.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: None for Plaintiff.
Advocate Fernandis for defendant no.2 present.
None for other defendants.
The case is adjourned to 15.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Advocate Ms. Jagjeet Rehel for plaintiff present
Advocate Fernandis for defendant no. 5 present.
Advocate R.N.Kumar for defendants 1 to 3 present.
The case is adjourned to 24.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv. Pradyumna Chauhan for plaintiff present.
Advocate Fernandis for defendant no. 5 present.
None for defendants 1 to 3.
NM No. 199/2018 is pending at the instance of defendants 1 to 3. However they are absent. Defendants 1 to 3 shall prosecute said Notice of Motion on next date failing which it shall be dismissed without further reference to the Court.
The case is adjourned to 27.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Matter called out at 3.23 p.m.
Plaintiff absent.
Adv. R. M. Kumar for Deft. No. 1, 2 and 3 present.
Adv. Geeta P. Sonawane I/b Denzil D\''mello for Deft. No.5 present.
Matter is adjourned by way of last chance.
In the event of plaintiff fail to appear and proceed with the matter, this court will proceed with the matter as per the pleadings of the parties.
Matter stands adjourned to 15.11.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Matter mentioned at 2.58 p.m.
Adv. Jagjeet Rehel for plaintiff present. She is not keeping well. Therefore, she is seeking time. Time granted.
Adv. R. M. Kumar for Deft. No.1, 2 and 3 present.
It is made cleared to the parties that matter will not be adjourned on next date.
Matter stands adjourned to 16.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Matter called out at 3.49 p.m.
Adv. Jagjeet Rehel for plaintiff present.
Adv. R. M. Kumar for Deft. No.1 to 3 present.
Heard both the sides.
Put up for order on NM No.3750/17 and NM No.199/18.
Matter stands adjourned to 21.12.2022 for NM orders.
Next Purpose: NM ORDERS
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: None present for plaintiff.
Adv. R. M. Kumar for defendant present.
Matter stands adjourned to 22.12.2021 for Orders.
Next Purpose: NM ORDERS
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Matter mentioned at 3.49 p.m.
Adv. Jagjeet Rehel for plaintiff present.
Adv. R. M. Kumar for Deft. No.1, 2 and 3 present.
Following F.R.S.R. order is passed in NM No. 3750/17.
ORDER
1. Notice of Motion No.3750/2017 is partly allowed in terms of prayer clause(a).
2. The Registrar of this Court is directed to appoint an Officer of this court as a \''Court Receiver\'' of the suit premises and take symbolic possession of the same after it being handed over by defendant no.5.
3. Defendant nos.1 to 3 are hereby appointed as \''agents\'' of the Court Receiver with payment of royalty amount which is to be determined by the Court Receiver before handing over possession of the suit premises to the defendant nos. 1 to 3, in consultation with parties to the suit.
4. Defendant nos.1 to 3 are directed to maintain and furnish annual Accounts with this court, till decision of the suit.
5. Defendant nos.1 to 3 are restrained from creating any third party interest or transferring, surrendering the tenancy to third party or any other person, till decision of the suit.
5. Costs in cause.
6. Notice of Motion is disposed of accordingly.
Following F.R.S.R. order is passed in NM No. 199/18.
ORDER
1. Notice of Motion No. 199 of 2018 is allowed in terms of prayer clause (a) and (b).
2. Defendant no.5 is directed to hand over possession of the suit shop to the defendant nos. 1 to 3.
3. Defendant no.5 is directed to deposit arrears of compensation amount, as agreed between deceased Radhakrishna Nair and them with account of his expenditures incurred on the suit premises.
4. After compliance of the aforesaid directions, the balance amount after deducting the expenses incurred by defendant no.5, rest of the amount shall be invested in any Nationalized Bank initially for five years with renewal of the same, till decision of the suit.
5. Costs in cause.
6. Notice of Motion is disposed of accordingly.
Matter stands adjourned to 07.02.2022 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 22-12-2021
