Date: 05-02-2019
Business: 05/02/2019 CORAM HIS HONOUR 2nd ADDITIONAL PRINCIPAL JUDGE, SHRI S. A. QUAZI.
Suit 215/15, NM 3415/17, NM 1785/18, CS 245/19
Adv. Sandeep Jinsiwale for plaintiff present.
Adv. Shailesh Salvi for defendant No.3 to 5 and 7,8 present.
Plaintiff tenders registered CS No.245/19.
As the Hon\''ble Principal Judge is on leave today,
Adjd. to 27/02/2019 for Ch/sum reply.
Next Purpose: C/S REPLY
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: Adv. Jinsiwale for plaintiff present.
Adv. Salvi for defendant No.3 to 5,7,8 present.
As the Court is vacant, adjd. to 28/03/2019 for CS reply.
Next Purpose: C/S REPLY
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Adjd. for CS Reply to 29/04/2019.
Next Purpose: C/S REPLY
Next Hearing Date: 29-04-2019
Date: 29-04-2019
Business: As Holiday is declared on account of Member of Parliament Election on 29.04.2019, hence matter is taken on todays board and adj to 19.07.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 02-05-2019
Date: 02-05-2019
Business: By Precipe.
Adv. Nakhwa with Adv. Jinsiwale for Plaintiff present.
Adv. Nimesh Bhat for Defendant nos.1 and 2 present.
Adv. Shailesh Salvi for defendant nos.3 to 5, 7 and 8 present.
Adv for Defendant nos.1 and 2 sought time to file reply to additional affidavit filed on behalf of Plaintiff in support of motion.
Time is granted to file reply by 03.05.2019.
Adj for reply to 03.05.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Business: Adv. Nakhwa with Adv. Jinsiwale for Plaintiff present.
Adv. Ashwin Thakkar with Himesh Bhat for Defendant nos.1 and 2 present.
Adv. Shailesh Salvi for Defendant nos.3 to 5,7 and 8 present.
Copy of reply already given to the Plaintiff but original reply is not available with defendant so defendant sought time to file reply.
On request of Adv for Defendant adj for reply and hearing to 04.05.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 04-05-2019
Date: 04-05-2019
Business: Adv. Nakhwa with Jinsiwale for Plaintiff present.
Adv. Ahswin Thakkar with Adv. Himesh Bhat for Defendant nos.1 and 2 present.
Reply filed by Adv for Defendant nos.1 and 2.
With consent of counsel for both parties, matter is adj for NM hearing in Summer vacation i.e. on 07.05.2019 at 11am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-05-2019
Date: 07-05-2019
Business: Adv. Nakhwa with Adv. Jinsiwale for Plaintiff present.
Adv. Ashwin Thakkar with Adv. Himesh Bhat for Defendant nos.1 and 2 present.
Affidavit in rejoinder filed on behalf of Plaintiff to the affidavit in reply of Defendant nos.1 and 2.
Adv for Defendant no.1 and 2 submitted that they want to file sur rejoinder in view of new document and new contention.
Therefore, in the interest of justice, I am of the view to grant an opportunity to Defendant nos.1 and 2 to file sur rejoinder.
Adv for Defendant nos.1 and 2 filed compilation of documents t.o.r. Copy of the same is already given to the Plaintiffs.
Adv for Plaintiff submitted that service of notice has already been made upon Adv Dr.Sadhana Mahashabde for Defendant nos.3 to 5,7 and 8. Plaintiffs are directed to file affidavit of service in that regard by next date.
Therefore, matter is adj for sur rejoinder and hearing on ad interim relief to 09.05.2019.
Next Purpose: HEARING
Next Hearing Date: 09-05-2019
Date: 09-05-2019
Business: Adv. Nakhwa with Adv. Jinsiwale for Plaintiff present.
Adv. Ashwin Thakkar with Adv. Himesh Bhat for Defendant nos.1 and 2 present.
Sur rejoinder filed by Defendant nos.1 and 2.
Copy given to other side.
Affidavit of service filed by Plaintiff.
Heard arguments of Adv for Plaintiff.
Arguments of Adv for Defendant nos.1 and 2 partly heard.
Adj for further arguments to 10.05.2019.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 10-05-2019
Date: 10-05-2019
Business: Adv. Nakhwa with Adv. Jinsiwale for Plaintiff present.
Adv. Ashwin Thakkar with Adv. Himesh Bhat for Defendant nos.1 and 2 present.
Deft no.3 is present.
Heard further arguments of Adv for Defendant nos.1 and 2.
Heard reply arguments of Adv for Plaintiff.
Written notes of arguments filed by Adv for Defendant nos.1 and 2.
Adv for Plaintiff submitted that he also want to file written notes of arguments.
Hence, adj for filing written notes of arguments by Plaintiff to 13.05.2019.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 13-05-2019
Date: 13-05-2019
Business: Adv. Nakhwa with Adv. Jinsiwale for Plaintiff present.
Adv. Ashwin Thakkar with Adv. Himesh Bhat for Defendant nos.1 and 2 present.
Deft no.3 is present.
Affidavit filed by Adv for Plaintiff alongwith documents.
Copy given to Defendant nos.1 and 2.
Adv for Defendant nos.1 and 2 objected to take affidavit on record as hearing is concluded earlier.
It seems that affidavit relates to payment of subscription fees by Demand Draft and also about Writ Petition lodged and about intimation given in that regard to Defendant no.1.
In my view for just decision, it is necessary to take affidavit alongwith copy of documents on record. Hence, same are taken on record.
Deft nos.1 and 2 are at liberty to file their response to the same by 14.05.2019.
Written notes of arguments filed on behalf of Plaintiff alongwith two case laws.
Adv for Defendant nos.1 and 2 cited two case laws.
Adv for Defendant nos.1 and 2 is at liberty to address the Court in response to case laws filed by Plaintiff.
Adj for further hearing to 14.05.2019.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 14-05-2019
Date: 14-05-2019
Date: 15-05-2019
Business: By Precipe.
Adv. Nakhwa with Adv. Jinsiwale for Plaintiff present.
Adv. Ashwin Thakkar with Adv. Nimesh Bhatt for Defendant nos.1 and 2 present.
They informed that workable solution is not possible. Hence, matter is adjourned for order.
Matter is already adj to 16.05.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 16-05-2019
Date: 16-05-2019
Business: Adv. Nakhwa for Plaintiff present.
Adv. Ashwin Thakkar with Adv. Nimesh Bhatt for Defendant nos.1 and 2 present.
Adj for ad-interim order to 17.05.2019 at 2.45pm.
Next Purpose: ORDER
Next Hearing Date: 17-05-2019
Date: 17-05-2019
Business: Adv. Nakhwa for Plaintiff present.
Deft and Adv absent.
Adv for Plaintiff wants to file document.
Other side Advocate is absent. Matter was already fixed at 2.45pm.
Whether to take document on record or not is to be considered only after hearing other side.
Therefore, matter is kept back till 2.45pm.
K.B.
Adv. Nakhwa for Plaintiff present.
Adv. Nimesh Bhatt for Defendant nos.1 and 2 present.
FRSR following order is passed on ad-interim.
ORDER
1. Ad-interim relief in terms of prayer clause (a) is allowed.
2. Defendant No.1 is directed to accept entries to be sent by plaintiff for Swimming Championship to be conducted in between 26.06.2019 to 30.06.2019 at Rajkot by them and to provide link to plaintiff for said purpose.
Authenticated copy of order be supplied to both parties by 20.05.2019.
Application for stay of order dtd.17.05.2019 filed by Defendant nos.1 and 2 t.o.r.
Plaintiff to file their say.
Adv for Plaintiff sought time to file say.
Adj for filing say on stay application to 20.05.2019.
Next Purpose: REPLY
Next Hearing Date: 20-05-2019
Date: 20-05-2019
Business: Adv. Nakhwa for plff present and filed reply t.o.r.
Adv. Thakkar for defendant nos.1 and 2 present.
Copy served.
Adj to 21.05.2019 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-05-2019
Date: 21-05-2019
Business: Adv. Mr. Nakhwa for plff present.
Adv. Mr.Thakkar for deft no.2 present.
K.B. for order.
Order on application for stay dt.17.05.2019.
By instant application the deft no.1 and 2 have prayed to stay order dated 17.05.19, granting ad-interim relief in favour of the plaintiff, till 01.06.2019 to enable to defendants to approach Hon\''ble High Court challenging the said order. The application is objected by the plaintiff.
According to Ld.Adv for defendants the plaintiff is disaffiliated by deft no.1 by unanimous resolution of the General Body Meeting dtd.22.03.2019 and therefore continuation of ad-interim order will seriously interfere in the functioning of defendant no.1. Ld.Adv for the plff has submitted that, the plaintiff has organised swimming competition at Nashik and he referred to order of this Court dtd.22.05.2018 in Notice of Motion No.3415 of 2017.
After going through order dtd.17.05.2019 and roznama of the case, the order granting ad-interim relief is passed after hearing both sides at length. The order of this Court dtd.22.05.2018, even though challenged, is neither stayed nor set aside. Therefore if stay is granted as prayed it will frustrate the object behind granting ad-interim relief. Hence, the prayer for stay of order dtd.17.05.2019 is rejected.
Authenticated copy be given to both the parties.
Adj to 17.06.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2019
Date: 17-06-2019
Date: 24-06-2019
Business: Adv. Nakhwa with Adv. Jinsiwale for Plaintiff present.
Adv. A.L.Thakkar alongwith Adv. Nimesh Bhatt for Defendant nos.1 and 2 present and filed V/n for Resp.nos.4 and 6 in NM t.o.r. and marked as Exh.12.
Plaintiff tendered original NM No.2269/19 t.o.r.
Plff also filed affidavit of service t.o.r.
Deft nos.1 and 2 and Resp.nos.6 filed reply to NM No.2269/19.
Copy served to other side.
Adv Shri. Nakhwa for Plaintiff made statement that entries submitted on 03.06.2019 by the Plaintiff of the swimmers fulfills all requirements to participate in competition as stated in circular dtd.06.04.2019 of defendant no.1.
Adv. A.L.Thakkar for defendant nos.1 and 2 and Adv. Nimesh Bhatt for Resp.nos.4 and 6 made statement that if entries submitted by the Plaintiff of the swimmers fulfills all the requirements as per circular dtd.06.04.2019 then they will be permitted to participate in the competition.
In view of above statements of the counsel for parties, Adv for defendant nos.1 and 2 and Resp. nos.4 and 6 to communicate about the statement before the Court, to the concerned parties for compliance.
Adv for Plaintiff submitted that in view of statement as made above by Adv for defendant nos.1 and 2 and Resp.nos.4 and 6, at this stage Plaintiff is not pressing ad-interim relief in terms of prayer clause (d).
Plaintiff is directed to serve fresh notice upon Resp.no.3.
Adv for defendant nos.1 and 2 submitted that he wants to file additional reply to NM.
Adj for additional reply, reply of defendant no.3 to 5 and 7 and service upon Resp.nos.3 and reply of Resp nos.4 and 6 to 26.07.2019.
Authenticated copy of Roznama be supplied to Adv for both parties.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2019
Date: 26-07-2019
Business: Adv. Nakhwa with Adv. Jinsiwale for Plaintiff present.
Adv. Nimesh Bhatt for defendant nos.1 and 2 and resp no.4 and 6 in NM present.
Ex.13 Adv. Bhatt filed V/n for Resp.no.1 t.o.r.
Adv for defendant submitted that copy of reply to NM No. 2269/19 has been provided to the Adv for Plaintiffs. However, said reply is not placed on record.
Additional affidavit filed on behalf of Plaintiff t.o.r.
The defendants are at liberty to file reply to additional affidavit of the Plaintiffs.
Copy of additional affidavit is provided to defendants who are present.
Plaintiff to serve on rest of defendants and rest of respondents.
Adj for reply to 22.08.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: Adv. Nakhwa with Adv. Jinsiwale for Plaintiff present.
Adv. Thakkar with Adv. Nimesh Bhat for defendant nos.1 and 2 and Resp.nos.1,4 and 6 present.
He filed affidavit in reply to NM 2269/19 t.o.r.
Copy of reply is already served upon Plaintiffs.
Plaintiff wants to file rejoinder.
Liberty is granted to above referred defendants to file rejoinder to additional reply dtd.26.07.19
Therefore, adj for rejoinder to 25.09.2019.
Next Purpose: REJOINDER
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: Adv. Jinsiwale for Plaintiffs
Adv. Bhatt for defendant no 1 and 2 and respondent no 1,4 and 6 present.
Adv. For plaintiff filed affidavit in rejoinder to the reply filed by defendant no 1 ,2 and 4 t.o.r. Copy given to other side.
He also filed affidavit of service. In relation to respondent no 3 t.o.r
Copy given to other side.
Adjd. to 19.11.2019 for direction
Next Purpose: DIRECTIONS
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Business: Adv. Nakhwa with Adv. Jinsiwale for plaintiff present.
Adv. Nimesh Bhatt for defendant no 1and 2 and respondent no 1,4 and 6 present.
Adv. For defendant submitted that he will discuss with his client about forwarding minutes of settlement to the plaintiff and convey it to the other side. If it is not materialised then filed sur-rejonder.
Therefore, matter is adjourned for sur-rejoinder to 10.12.2019.
Next Purpose: REJOINDER
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Adv. Nakwa with Jinsiwale for plaintiff presnet.
Adv. Nimesh Bhatt for defendant no 1 and 2 and respondent no 1,4 and 6 present.
He submitted that time be granted to file sur-rejoinder and reply to additional affidavit - Time is granted.
Adv. for plaintiff filed affidavit of Mr. Pandhurang Mhatre. t.o.r.
Copy is already served upon defendant no 1 and 2.
Adjourned for rejoinder to 18.12.2019
Next Purpose: REJOINDER
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Date: 27-01-2020
Business: Adv. Naqwa for plaintiff present.
Adv. Nimesh Bhatt for defendant No. 1 and 2 and respondent No. 1,4 and 6 present.
He filed reply to Chamber summons 245/19
Copy given to other side.
Adv. for plaintiff informed that reply is already filed in NM No. 1785/18. Pleadings are complete in said NM.
Plaintiff is at liberty to file rejoinder if any to reply to Chamber summons NO. 245/19.
Plaintiff has filed two affidavit of evidence in support of notice of Motion NO. 2269/19.
Copy given to advocate for defendant No. 1and 2 and respondent NO. 1,4 and 6.
Adjourned for rejoinder if any to Chamber summons and hearing of NM 1785/18 and report of service of affidavits in NM 2269/19 to 14.02.2020
Next Purpose: REJOINDER
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Date: 05-03-2020
Date: 19-03-2020
Business: Both parties and their Adv absent.
Matter stands Adj for rejoinder to 13/04/2020.
Next Purpose: REJOINDER
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 02-06-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 02-06-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REJOINDER
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Next Purpose: REJOINDER
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REJOINDER
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REJOINDER
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: None present.
Matter stands Adj for Rejoinder to 11/02/2021.
Next Purpose: REJOINDER
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv Jinsiwale for plff present.
He seeks time to file rejoinder.
Matter stands Adj for Rejoinder to 10/03/2021.
Next Purpose: REJOINDER
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv Jinsiwala for plff present.
He seeks time to file rejoinder. Granted.
Adv Anusha appeared for deft no. 1 and undertakes to file VP on next date.
Matter stands Adj for Rejoinder to 22/04/2021.
Next Purpose: REJOINDER
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: Due to Covid-19
Next Purpose: REJOINDER
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Adv Anush I/b Kiston Partners appeared for deft no. 1 and 2. He filed VP for deft no. 1 and 2. t.o.r. Marked as Exh.
Matter stands Adj for Rejoinder to 23/08/2021.
Next Purpose: REJOINDER
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Date: 12-10-2021
Business: Adv Nihal Chitle for plff present.
He filed rejoinder to affidavit in reply of deft no. 1, 2 and 4. t.o.r. Copy served to deft no. 1.
Adv Anu Shah for deft no. 1 present.
She seeks time for CS Hearing. Granted.
Matter stands Adj for CS Hearing to 25/11/2021.
Next Purpose: C/S HEARING
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv. R. M. Nakhawa with Jinsiwale for plaintiff present.
Adv. Trishipanth for defendant No. 1 present.
Court is busy in dictating order on Chamber Summons in Suit No. 1912/2012. Hence board discharged.
Adjd. to 13/01/2022 for hrg on CS.
Next Purpose: C/S HEARING
Next Hearing Date: 13-01-2022
Date: 25-11-2021
Business: Adv. R. M. Nakhawa with Jinsiwale for plaintiff present.
Adv. Trishipanth for defendant No. 1 present.
Court is busy in dictating order on Chamber Summons in Suit No. 1912/2012. Hence board discharged.
Adjd. to 13/01/2022 for hrg on CS.
Next Purpose: C/S HEARING
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Due to Covid - 19 matter adjd to
Next Purpose: C/S HEARING
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv Nakhawa a/w Jinciwale for plff present.
Adv Anushka for deft present.
Heard Adv for both parties on CS 245/2019.
Matter stands Adj for CS Order to 16/03/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Jincywale for plaintiff present.
Adv. Shreya Mohapatra for defendant no. 1 present.
PO is busy in dictating order in Adoption petitions.
Matter stands Adj for CS Order 29/03/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Both parties and their Adv absent.
PO is busy in dictating Judgment in SU 705/2013.
Hence for want of time, matter stands Adj for CS Order to 06/04/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv Jinciwale for plff present.
None for deft.
For want of time, matter stands Adj for CS Order to 07/04/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv Jinciwale for plff present.
None for deft.
F. R. S. R. following order is passed -
Order
1. Chamber summons is allowed in terms of prayer clause (a) and (b).
2. Plaintiff to carry out amendment as per schedule of chamber summons within 14 days from the date of this order and serve copy of amendment plaint on defendants before next date.
Nature Of Disposal: ALLOWED
Disposal Date: 07-04-2022
