M/s. Navyata Life SpaceVsDaya Pankaj Shah

Date: 09-03-2018
Business: Adv. Mr. Sawla for plaintiff present.
He tendered original writ of summons.
Adv. Ms. Sirat Khan for defendant present.
She filed vakalatnama. t.o.r. It is marked as Exh. 2.
Advocate of  plaintiff filed draft N/M. Seeking leave to register.
O- Leave granted for registration.
Draft N/M served upon the advocate of defendant.
Adjd to 28.3.2018 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-03-2018

Date: 28-03-2018
Business: Adv. Mr. P.G. Saraf for plaintiff present.
He tendered registered N/M no. 1158/18.
None present for defendant.
Adjd to 5.6.2018 for N/M reply.
L.O.
Adv. Ms. Sirat Khan for defendant present.
She filed written statement. t.o.r. It is marked as Exh. 3.
Adjd to 5.6.2018 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-06-2018

Date: 05-06-2018
Business: Adv.Mr.Aadesh Sawant for Plff.present.
Adv.Ms.Sirat Khan for Deft.present.
Adv.for Plff.sought time.  Adjd.for N/m reply on 03.09.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-09-2018

Date: 03-09-2018
Business: Adv.Mr.K.M.Savla for Plaintiff present.
Adv.Ms.Sirat Khan for Defendant present.
Ld.adv.for defendant submitted that the written statement Exh.3 may be considered as reply to N/m.
Adjd.for hearing on 25.10.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-10-2018

Date: 25-10-2018
Business: Adv.Mr.Savla for Plaintiff present.
Adv.for Plaintiff filed rejoinder t.o.r. Copy served to other side.
Adv.Ms.Sirat Khan for Defendant present.
Adjd.for hearing on 17.11.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-11-2018

Date: 17-11-2018
Business: Adv.Mr.K.M.Sawla for Plff.present.
Adv.Ms.Sirat Khan for Deft.present.
Draft N/m tendered by adv.for defendant along with affidavit t.o.r.Leave granted to register N/m. Returnable on next date.
Adjd.for N/m reply/hearing on 10.01.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2019

Date: 10-01-2019
Business: Adv. Saraf for Plaintiff present.
Adv. for Defendant present.
She tendered original NM no.4525/18 t.o.r.
As Court is busy in dictating orders in NM and Ch/s hence board is discharged and matter is adj for NM reply to 06.02.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-02-2019

Date: 06-02-2019
Business: Adv. K.M.Sawla for Plaintiff present.
Adv. Ms. Seegat Khan for Defendant present.
On oral request of Adv for Defendant, adj for NM hearing to 02.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-04-2019

Date: 02-04-2019
Business: Adv. Savla for Plaintiff present.
Adv. Sigat Khan for Defendant present.
Adv for defendant sought time for NM hearing.
Adj for NM hearing to 17.06.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: Adv. Savla for Plaintiff present.
Adv. Abhishek Dubey for Defendant present.
Partner of Plaintiff Shri. Pranay Kapadia is present.
K.B.
L.O.
Adv. Manish Jagani for Plaintiff present.
Adv. Ramesh Tiwari for defendant present.
With consent, adj for NM hearing to 26.06.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: Adv. Dalal for Plaintiff present.
Adv. Siraj Khan for Defendant present.
Heard arguments of Adv for Plaintiff in NM No.1158/18.
On request of Adv for defendant, short adjournment is granted for NM hearing.
Adj for NM hearing to 28.06.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2019

Date: 28-06-2019
Business: Adv. Sawla for Plaintiff present.
Adv. Kamlesh Tiwari for defendant present.
Heard arguments of both sides on NM 4525/18.
Adj for NM order on NM 4525/18 to 08.07.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-07-2019

Date: 28-06-2019
Business: Adv. Sawla for Plaintiff present.
Adv. Kamlesh Tiwari for defendant present.
Heard arguments of both sides on NM 4525/18.
Adj for NM order on NM 4525/18 to 08.07.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-07-2019

Date: 08-07-2019
Business: Adv. Savla for Plaintiff present.
Adv. Seerat Khan for defendant present.
K.B.
L.O.
FRSR following order is passed in NM 4525/18.
ORDER
NM No.4525/18 stands dismissed and disposed off accordingly.
Adj for NM hearing of Plaintiff to 26.07.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: Adv. Kamlesh Tiwari for defendant present.
Heard arguments of both sides on NM.
Adj for NM to 05.08.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Adv. M. Jagani for plaintiff present.
Steno not available. Hence adjd for orders
Adjd for Nm orders to 16/08/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-08-2019

Date: 16-08-2019
Business: Adv. Saraf for Plaintiff present.
Adv. Seenat Khan for defendant present.
In copy of assignment deed dtd.30.11.2016, there is mention about sanction plans duly approved by then Bombay Municipality and there is also mention about construction of third floor on said Modi building as per sanctioned plans duly approved by BMC.
It would be fair to give an opportunity to the Plaintiff to take efforts to produce certified copy of sanctioned plans of Modi building on record before deciding Notice of motion.
The Plaintiff is directed to produce sanctioned plans of Modi building by next date.
Adv for Plaintiff submitted that sanction plans are not available. Plaintiff to get ascertained the fact and then to make statement in that regard.
Therefore, matter is adj for compliance to 30.08.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-08-2019

Date: 30-08-2019
Business: Pranay Kapadiya manging partner of plaintiff present.
Adv. Sirat Khan for defendant present.
Plaintiff sought adjournment. Adjournment granted.
Adjd for compliance to 10/10/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Adv. K. M. Sawala for Plaintiff Present.
Adv. Sirat Khan  for defendant present.
Partner of plaintiff present.
List of documents filed by adv. for plaintiff. t.o.r.
Copy is given to other side.
Adv. for defendant submitted that she has to take instruction as to whether defendant has to make any submission.
Adjourned for submission if any of defendant.
Adjd to 5.11.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: None present for plaintiff.
None present for defendant.
Adjd  for NM hearing to 2.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Adv. K. M. Sawala for plaintiff present.
Adv. Sirat Khan for defendant present.
Say filed by defendant to the documents submitted by the plaintiff.
Copy given to the plaintiff.
With consent both the parties, matter is adjourned for NM hearing to 6.01.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: As Court is on leave, hence board is discharged and matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2020

Date: 29-01-2020
Business: Adv. Dalal for plaintiff present.
Adv. Sirat Khan for defendant present.
As court busy in passing orders in other matter, hence this matter is adjourned.
Adjourned to 12.03.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Partner of plff present.
Adv Sawala for plff present.
Adv Kamlesh Tiwari for deft present.
With consent of both parties, matter stands Adj for NM hearing to 28/04/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-05-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2020

Date: 19-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020

Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2021

Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: By precipe.
Adv. Manish Jagani instructed by Adv. B. G. Saraf for the plaintiff present.
Sachin Pankaj Shah, son of the defendant present. He filed letter dt. 21.12.2020 addressed by the defendant to her advocate Kamlesh Tiwari and Mahesh Pande not to appear for her in suit no. 3287/2019 and suit no. 476/2018 (present suit) pending before the City Civil Court at Mumbai stating that she (the defendant ) settled all her disputes in the above matter with her landlords M/s. Navyata LifeSpace and put an end finally and signed consent terms and other documents. He also filed Power of Attorney dated 20.12.2020 issued by the defendant in favour of Tejas Galiya. Tejas Galiya, Power of Attorney of the defendant present.
Both parties filed Consent Terms dt. 21.12.2020 alongwith Agreement of Amicable Settlment executed between the parties on 19.12.2020. Agreement of amicable settlement and consent terms are also signed by Mrs. Vaishali B. Sharma, advocate. She is also present before the Court. Contents of Consent Terms (Exh.4) dt. 21.12.2020 and Agreement of Amicable Settlement are verified through son of defendant, Power of Attorney of the defendant and advocate for plaintiff are found to be correct. Advocate for plaintiff filed on record copy of roznama dt. 21.12.2020 in suit no.3287/2020 filed by the defendant against the plaintiff in Court no.3 regarding same suit property in which amicable settlement took place and the plaintiff (defendant herein) withdrawn said suit. It appears from the Consent Terms (Exh.4) and Agreement of Amicable Settlement executed between the parties that the matter is amicably settled between the parties out of the Court.
FRSR Order passed below Exh.1.
ORDER.
In view of Consent Terms (Exh.4), suit is disposed of along with NM 1158/2018. Decree be drawn accordingly. Court fees be refunded as per rules. No order as to costs.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 06-01-2021

NOTICE OF MOTION/101158/2018
NOTICE OF MOTION/104525/2018

Filing Number: 101243/2018
Filing Date: 19-01-2018
First Hearing Date: 09th March 2018
Decision Date: 06th January 2021
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE