Date: 05-04-2019
Business: Matter adj. for CS Reply and Hearing to 04.07.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 04-07-2019
Date: 04-07-2019
Business: Matter stands Adj for reply of D-1,3 and 4 to CS no. 175/19 and Reply to two draft NM to 05.09.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-09-2019
Date: 05-09-2019
Business: the court is on leave
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-11-2019
Date: 08-11-2019
Business: Adv. Rajeshirke for plaintiff present and filed reply to Nm no. 2605/19.
Adv. Aryan Shrivastav for defendant no. 2 present and filed Original NM no. 2605/19 and 2609/19 along with affidavit.
Adv. Osamabutt for defendant no. 4 present.
By consent, Matter stands Adj for reply and NM hearing to 07.01.20.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Next Purpose: REPLY
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Business: In view 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: REPLY
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for reply to 03.02.2021.
Next Purpose: REPLY
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Advocate Nitin Rajeshirke for plaintiff present.
Adv. Ms. Udeshi for Defendant no. 2 present and sought time.
The case is adjourned to 09.03.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Advocate Rajeshirke for plaintiff present and filed reply in NM No.2609/19. TOR
Adv. Udeshi for defendant no. 2 present.
None for other defendants.
Other defendants have not filed reply to Chamber summons no. 175/19. Chamber Summons to proceed without their reply.
The case is adjourned to 30.03.2021 for NM hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Advocate Nitin Rajeshirke for plaintiff present.
Advocate Ms.Nilima Hirve i/b Ganesh and Co. for defendant no. 4 present.
None for other defendants.
The case is adjourned to 19.04.2021 for NM hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: Court is vacant
Next Purpose: C/S HEARING
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Matter called out at 4.09 pm
Adv. Nikhil Rajeshirke for plaintiff present.
Adv. Ms. Shachi Udeshi, Aryan for defendant no.2 present.
Heard both sides.
F.R.S.R. following order is passed in Notice of Motion no. 2609 of 2019
ORDER
1. The Notice of motion no. 2609 of 2019 is hereby rejected.
2. Parties to bear their own costs.
3. Notice of Motion no. 2609 of 2019 stands disposed off accordingly.
Heard both sides on NM no. 2605 of 19.
Matter stands adjourned to 18-09-2021 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
None present.
F.R.S.R. Order passed on CS 2605/19
ORDER
1. Notice of Motion No. 2605 of 2019 is hereby allowed in terms of prayer clause no. (a) to (c) subject to condition of payment of cost of Rs. 10,000/- by defendant no. 2 to the plaintiff within a period of 15 days from the date of order.
2. Upon payment of aforesaid amount Written Statement be taken on record.
3. Parties to bear their own cost.
4. Notice of Motion No. 2605 of 2019 stands disposed of accordingly.
Matter stands adjourned to 20.11.2021
Judge
Next Purpose: FOR___________________
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: FOR___________________
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Matter called out at 3.48 p.m.
Adv. Rajeshirke for plaintiff present. He informed that phonecall of advocate of Deft. No.2 informing that he is suffering from Covid. Considering the reason matter adjourned.
None present for defendant.
Matter stands adjourned to 15.02.2022 for CS reply/ hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Matter called out at 3.13 p.m.
Adv. Nikhil Rajeshirke for plaintiff present.
Adv. Pooja Rathi I/b Wadia Ghandy and Co. for Deft. No.2 present.
Adv. Kavita Sharma I/b Ganesh and Co. for Deft. No.4 present. She is seeking time to file reply. Time granted.
Matter stands adjourned to 22.03.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: Matter called out at 3.16 p.m.
Adv. Bhagyashree Dhamapurkar for plaintiff present.
Adv. Pooja Rathi I/b Wadia Ghandy and Co. for Deft. No.2 present.
Adv. Neelima Kirve for Deft. No.4 present. She is seeking time to file reply. Time granted by way of last chance with condition to payment of cost of Rs.500/- to DLSA.
Deft. No.2 complied order of payment of cost.
Matter stands adjourned to 19.04.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv. Bhagyashree Dhamapurkar h/f Rajeshirke for plaintiff present.
Adv. Amar Parsekar I/b A. S. Desai for Deft. no.1 present.
Adv. Shachi Udesh a/w Pooja Rathi for Deft. no.2 present.
By consent, matter stands adjourned to 18.07.2022 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. B. Dhamapurkar for plaintiff present.
Adv. Kavita Sharma for Deft. no.4 present. She is seeking time to file reply on CS.
As per roznama dated 22.03.2022, the time to file reply was granted to Deft. no.4 on the payment of costs of Rs.500/- to DLSA. Thereafter, on next dated on 19.04.2022, no reply was filed by Deft. no.4. Today, also she is seeking time. Considering the submissions, time granted subject to payment of costs of Rs.1,000/- to DLSA.
Matter stands adjourned to 12.09.2022 for CS reply/compliance.
Next Purpose: C/S REPLY
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Adv. Ritesh Jadhav for plaintiff present.
Adv. Aryan Srivastav for Deft. no.2 present.
Deft. no.4 absent and failed to file reply on CS and also failed to deposit amount of costs. Hence, proceed without reply.
Advocate for plaintiff seeking time to take steps. Time granted.
Matter stands adjourned to 14.11.2022 for reply of Deft. no.1 and 3.
Next Purpose: C/S REPLY
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: Adv. Rajeshirke for plaintiff present.
Adv. Pooja Rathi for Deft. no.2 present.
Heard both the sides on CS No.175/2019.
Perused the record. The plaintiff is praying for addition of two paras i.e. para no.28(a) and 28(b) so as to add the subsequent event in the pleading. The defendant resisted the contention by filing reply contending that the suit of plaintiff is itself infructuous, upon issuing letter dated 06.07.2016. Thus, the defendant are not denying the letter issued by Deft. no.1 and the public notice. The issues are yet to be framed, hence, trial has not commenced. The maintainability of the suit may be decided at final stage. The proposed amendment will not change the nature of suit. No prayer is being sought regarding pleading sought to be added, hence, it will not prejudice to the defendant, if amendment is allowed.
Thus, I pass the following order.
CS No.175/2019 is allowed.
Plaintiff to carry out necessary amendments within a period of 14 days from the date of order.
Costs in cause.
CS No.175/2019 disposed of accordingly.
Matter stands adjourned to 10.01.2023 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 14-11-2022