The Himalayan Club - Suit Stamp No.11222 Of 2017VsKanwar B. singh And Ors

Date: 30-01-2018
Business: Adv. for plff. present.
Adv. Jacob K. and Manmohan A. Amonkar for D/1 present.
D/2 and 4 absent.
Adv. Vaibhav Singh a/w Gourav Mohanty for D/3 present.
Adv. for D/3 filed reply to N/M No.3682/17.
V/P filed by adv. of D/3.
W/S tendered by adv. for D/3. t.o.r.
Adv. for plff. tendered registered N/M No.284/18 alongwith supporting affd. t.o.r.
Adv. for D/1 filed reply to N/M No.284/18. t.o.r.
Heard adv. for the plff. and D/1.
The plff. has submitted that inspite of the interim orders of the court the names of the administrator were deleted by the D/1.
The D/1 has come out with the reply that as his account was hacked, the names of administrator were deleted. He has re-instated the deleted administrators of other facebook group but as the matter of other group is pending before this court, he has not re-instated the administrators, as it would amount to breach of ad-interim orders. The adv. for the plff. submitted that considering the said reply, he accept contention of the D/1 and if direc
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 12-02-2018

Date: 12-02-2018
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 13-02-2018

Date: 13-02-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2018

Date: 16-03-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2018

Date: 16-04-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-06-2018

Date: 04-06-2018
Reason For Adjournment: court time is over
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 04-07-2018

Date: 04-07-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2018

Date: 27-08-2018
Business: Matter is adjd. to 29.10.2018 for hearing on N/M No.3682/17, 284/18, and 894/18 / W/S.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2018

Date: 29-10-2018
Business: Matter is adjd. to. 29.11.2018 for reply to draft N/M and reply to draft Ch/s and hearing on N/M No. 894/18.
E.O. to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2018

Date: 29-11-2018
Business: Matter is adjd. to.13.02.2019 for compliance and hearing on pending N.M. of plaintiff. Time extended for registration of N.M of D/1 . earlier order of interim relief is extended till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2019

Date: 13-02-2019
Business: Matter is adjd. to. 28.02.2019 for compliance and reply to N/M No.398/19 and 894/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2019

Date: 28-02-2019
Business: Adv. for plff. present.
Adv. for deft. present.
As court is busy in administrative work and other old matters, Matter is adjd. to. 02.04.2019  for report of service on amended plaint to the deft. and reply to N/M No.398/19 and 894/18.
E.O. to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2019

Date: 02-04-2019
Business: Matter is adjd. to.13.06.2019 hearing on N/M No. 894/18.
E.O. to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2019

Date: 13-06-2019
Business: As court busy in hearing time bound Misc appeal 114/19 to 130/19. Hence board is discharged.
Matter is adjd. to. 12/07/2019  for NM Hearing.
E.O. to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Business: Matter is adjd. to. 16/08/2019  for Reply on deft no. 3 on Exh. 6.
E.O. to continue till next date.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-08-2019

Date: 16-08-2019
Business: Court is vacant.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: As court is vacant, hence board is discharge.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: Now adjd for hearing on preliminary issues framed on 04.06.2018 by the earlier presiding officer to 20.12.2019.
Earlier Order, if any, to continue till the next date.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: Court is vacant.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Adv. Jinal Gogari    for plaintiff present.
Adv. Manmohan Amonkar    for defendant no. 1 present.
None for other defendants.
KB LO
Court busy in other matters.
Adj. 18-02-2020 for further arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Adv. Purandare  for plaintiff present.
Adv.  Amonkar   for defendant no. 1 present
Adv. Pillai for defendant no.  3 present.
KB LO
Adv.  Amonkar   for defendant no. 1 present and tendered affidavits in reply to NM No. 3860/17 and NM No. 3682/17. Copy served to other side.
Heard both sides on NM
Earlier order, if any, to continue till next date.
Adjd to 04-03-2020  for NM Order .
Next Purpose: NM  ORDERS
Next Hearing Date: 04-03-2020

Date: 04-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM  ORDERS
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: (Matter received from CR No.4 as per order dt.14.03.2020)
Adv. Jinal Gogri i/b Negandhi Shah and Himayattulah for plaintiff is present.
Adv. Manmohan Amonkar for defendant No.1 is present.
By consent, adjourned to 07.04.2020 at 11.00 am for Hearing on Preliminary Issue.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2020

Date: 07-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2020

Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Business: Both sides absent. Due to COVID-19 adjourned to 21.10.2020 for hearing on preliminary issues.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 23.11.2020 for N/M. hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 15.12.2020 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Adv. Vikrant Makhare for plaintiff is present
Adv. Manmohan Amonkar for defendant No.1 is present
By consent, adjourned to 08.01.2021 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: Adv. Vikrant Makhare i/b Negandhi Shah and Himayatullah for plaintiff is present.
Adv. Jacob Kadantot a/w Adv. Manohar Amonkar for defendant no.1 present.
Adv. Bency Ramakrishnan i/b Shardul Amarchand Mangaldas for defendant no.2 and 3 is present.
At the request of Ld. counsel for respondent no.1, matter adjourned to 06.02.2021 for Hearing on Preliminary Issue.
Interim order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Ld. counsel Mr. Dinesh Purandare a/w Adv. Jinal Gogri and Adv. Vikrant Makhare for plaintiff present.
Ld. counsel Mr. Jacob Kadantot a/w Adv. Manmohan Amonkar for defendant no.1 present.
None present for defendant no.2.
Adv. Gaurav Mohanty for defendant no.3 is present.
Plaintiff seeks time to file affidavit of service in respect of service on defendant no.2.
Adjourned to 04.03.2021 for filing affidavit of service and Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: None present for plaintiff.
Adv. Manmohan Amonkar for defendant No.1 is present.
None present for defendant no.2 and 3.
Since nobody appears for plaintiff, matter adjourned to 06.04.2021 for filing affidavit of service and NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Adv. Jinal Gogri i/b Negandhi Shah and Himayatullah for plaintiff is present and files affidavit of service. TOR and marked as Exh.7.
Adv. Jacob Kadantot a/w Adv. Manmohan Amonkar for defendant no.1 present.
By consent, matter adjourned to 26.04.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: None for plaintiff.
Adv. Mr. Jacob along with Adv. Mr. Manmohan Amonkar for defendant no. 1 present.
None present for rest of the defendants.
Due to COVID-19, matter adjourned to 11.06.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: Adv. Jinal Gogari i/b M/s. Negandhi Shah and Himayathulla for plaintiff present.
Adv. Manmohan Amonrkar for defendant no. 1 present.
Adv. For plaintiff files draft Ch/sum for amendment in prayer in plaint. It be registered and copy be served to other side.
Adjourned to 28.06.2021 for service and reply to Ch/sum.
Next Purpose: C/S REPLY
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Business: None present for plaintiff.
Adv. Manmohan Amonkar for defendant no.1 is present.
Adv. Bryan Pillai i/b Shardul Amarchand Mangaldas and Co for Def No.2 is present.
Adjourned to 13.07.2021 for CS Reply.
L.O.
Adv. Radhika Venugopal i/b M/s. Nigandhi Shah and Himayatulla for plaintiff is present and files original registered Chamber Summons No.796 of 2021.
Next Purpose: C/S REPLY
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: CORAM HIS HONOUR I/C PRINCIPAL JUDGE,
SHRI. A. T WANKHEDE (C.R. NO. 57)
Matter pertains to CR.No. 19
None present for plaintiff.
Adv. Jacob Kadantot for defendant no. 1 present. He files reply to Ch/sum No. 796/21. It is T.O.R. Copy be furnished to other side.
Adjd. to 23.07.2021 for hearing on Preliminary issue and Ch/sum.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Adv. Ms. Jinal Gogari i/b Ms. Negandhi Shah and Himayatullah for the plaintiff is present .
Adv. Mr. Manmohan Amonkar for Deft. No.1 is present.
Earlier order, if any, to continue till next date.
Due to COVID-19, adjourned to 12.08.2021 for C/S Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: Matter called out at 5.14 p.m.
Adv. Jinal Gogri a/w Vikrant Makhare I/b Negandhi Shah and Himayattulah for plaintiff present.
Adv. Jacob and Manmohan A. Amonkar for Deft No. 1 present.
Adv. Bryan Pillai I/b Shardul Amarchand Mangaldas & Co. for Deft. No. 2 present.
Matter stands adjourned to 26.08.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: Matter called out at 2.59 p.m.
Adv. Dinesh Purandare a/w Jinelle Gogri I/b Negandhi Shah Himayatullah for plaintiff.
Adv. Jacob Kadantot & Manmohan A. Amonkar for Deft. No. 1 present.
Adv. Bryan Pillai I/b Shardul Amarchand Mangaldas & Co. for Deft. No. 2 and 3 present.
Matter stands adjourned to 27.10.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Matter called out at 3.05 p.m.
Adv. Jinal Gogri I/b Negandhi Shah and Himayaltulah for plaintiff present.
Adv. Jacob Kadantot @ Manmohan A. Amonkar for Deft. no.1 present.
Advocate Bryan Pillai I/b Shardul Amarchand Mangaldas and Co. for Deft. no.2 and 3 present. He tendered scanned copy of VP.
O-Allowed to filed. Marked as Exh.8.
Interim if any, to continue till then.
Matter stands adjourned to 13.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: Matter called out at 3.06 p.m.
Adv. Jinal Gogri for plaintiff present.
Adv. Bryan Pillai for Deft. No.2 present.
Matter stands adjourned to 27.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Court is on Leave. Board is discharged to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Matter called out at 3.46 p.m.
Adv. Vikrant Makhare I/b Negandhi Shah and Himayalullah for plaintiff present.
Adv. Manmohan A. Amonkar a/w Jacob Kadantot for Deft. No.1 present.
Adv. Bryan Pilla I/b Shardul Amarchand Mangaldas for Deft. No.2 and 3 present.  He tendered draft NM.
O-Leave granted to register.
Draft NM handed over to the Advocate for Deft. No.2 and 3 for registration.
He also tendered WS. TOR. Exh.9.
Matter stands adjourned to 30.04.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 30-04-2022

Date: 30-04-2022
Business: Adv. Jinal Gogri I/b Negandhi Shah and Himayattulah for plaintiff present.
Adv. Manmohan Amonkar for Deft. no.1 present.
Adv. Bryan Pillai I/b Deft. no.2 and 3 present. He tendered reg. NM no.956/2022. TOR.
By consent, matter stands adjourned to 13.07.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Adv. Dinesh Purandare a/w Adv. Jinelle Gogri for plaintiff present.
Adv. Jacob Kadantot a/w Adv. Amonkar for Deft. no.1 present.
Adv. Bryan Pillai for Deft. no.2 and 3 present.
Kept back.
Later on called out at 4.29 p.m.
Adv. Dinesh Purandare a/w Adv. Jinelle Gogri for plaintiff present.
Adv. Jacob Kadantot a/w Adv. Amonkar for Deft. no.1 present.
Adv. Bryan Pillai for Deft. no.2 and 3 present.
Heard plaintiff and Deft. no.1 on preliminary issue.
Matter stands adjourned to 03.08.2022 for NM hearing/orders.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: Adv. Jinal Gogri for plaintiff present.
Adv. Mangesh Sawant for Deft. no.1 present.
Adv. Bryan Pillai for Deft. No.2 and 3 present.
O R D E R
1It is held that this Court has no jurisdiction to try instant suit.
2The plaint be returned to the plaintiff for presentation before an appropriate forum.
3Pending Notice of Motions and Chamber Summons, if any, stand dispose off in terms of return of plaint.
4No order as to costs.
5Suit is disposed of accordingly.
(Dictated and pronounced in open Court).
Nature Of Disposal: OTHERWISE
Disposal Date: 03-08-2022

Registration Number: 100284/2018
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 19 - COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

Registration Number: 100284/2018
Transfer Date: 06-08-2021
From Court: 19 - COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Filing Number: 101289/2018
Filing Date: 20-01-2018
First Hearing Date: 30th January 2018
Decision Date: 03rd August 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE