Date: 07-02-2020
Business: Adv. Tiwari for plaintiff present and filed original Contempt NM no. 528/20 along with affidavit. He further submitted that respondent/contempt-nor no. 1 has been served and others are yet to be served. Hence, he sought time to effect service. Time granted.
Adv. Ankita Upadhyay for defendant no. 1, 2 and 3 present and submitted that she is ready to serve the copy of NM to defendant no. 22 before next date. She has been served with the copy of reply to the NM by plaintiff. pleadings are complete.
Adv. Nandu Pawar for contempt-nor no. 2 in NM no. 528/20 present.
Adv. Gautam Kanchanpurkar for defendant no. 22 present.
Mr. Nasir Ahmed Khan, Sub-Engineer, BMC, Mumbai present.
In view of the above, Matter stands Adj for hearing on Nm to 03.03.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Adv. Tiwari for plaintiff present. Filed original contempt Notice of Motion NO.528/2020. He also presented original notice of contempt N/M alongwith bailiff report. It is informed that the the deft. 2 and 3 and respondent/contemnor no.1, 3, 4 and 5 have served with the notice. He sought time to file affidavit of service. Time granted. Original contempt notice of NM is returned to the counsel
Ld. counsel for the Ankita Upadhya for deft. no.1 to 3 present and submitted that she had not received the notice of contempt (N/M) She seeks time to file reply to contempt NM. She also supplied copy of NM for condonation of delay for filing of WS to deft. no.22.
Adv. Kavita Sharma for deft. no.5 present.
Adv. Puranik alongwith Smita chavan for respondent nos.3,4 and 5 present and seeks time to file reply to contempt NM.
Adv. Gautam Kanchan for deft. no.22 present.
Adv. Nandu Pawar for Resp. no.2 in Contempt NM present and filed affidavit in reply to the contempt NM.
Time granted for submitting reply to the contempt NM
Matter stands Adj for reply to the contempt NM on 23.03.2020.
Next Purpose: REPLY
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Business: adjourned
Next Purpose: REPLY
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-04-2020
Date: 16-04-2020
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: 05-05-2020
Date: 05-05-2020
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: 27-05-2020
Date: 27-05-2020
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: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for reply to 01.02.2021.
Next Purpose: REPLY
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: Advocate P.S.Tiwari for plaintiff present.
Advocate Aaditya Modi for respondents no. 3 and 5 present and filed reply to contempt NM. TOR.
Copy is served on advocate for Plaintiff.
The case is adjourned to 12.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: None for plaintiff.
Advocate Omar Khaiyam Shaikh for defendants 1 to 3 present and filed reply to contempt NM No. 528/20. TOR He undertakes to serve the reply on Plaintiff.
Advocate Nandu Pawar for Contemptor no. 2 present.
Advocate Vaibhav Kamble for respondent no. 3 present.
Defendant no. 22 in person present.
The case is adjourned to 26.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: Adjourned due to COVID-19 pandemic.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Matter called out at 3.15 p.m.
Adv. Puranik for MCGM Respondent present.
Adv. P.S. Tiwari for plaintiff present.
Adv. Omar Khaiyam Shaikh a/w. Priyanka Shukla for defendant no. 1, 2 and 3 present.
Heard both the sides on NM No. 2723 of 2018.
Matter stands adjourned to 16.09.2021 for order on NM.
Judge
Next Purpose: NM ORDERS
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv. Priyanshu Mishra for plaintiff present. Following F.R.S.R. Order passed on NM 1704/20 1. Notice of Motion No. 2723 of 2018 is hereby allowed in terms of prayer clause (a) and (b) upon payment of compensatory cost of Rs. 30,000/- to be payable by the defendant no. 1, 2 and 3 to the plaintiff within a period of 15 days from the date of order. 2.Upon payment of aforesaid cost, the defendants are allowed to file their Written Statement on record. 3.In terms of the above, Notice of Motion No. 2723 of 2018 disposed of. Matter already adjourned to 13.10.2021
Next Purpose: NM ORDERS
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Matter mentioned at 3.39 p.m.
Adv. Reshmi Parab for plaintiff present.
Adv. Omar Khaiyam Shaikh for defendant present.
Adv. Puranik for Respondent No. 3, 4 and 5 present.
Deft. No.1 to 3 tender pursis and contended that they have complied with the order dated 16.09.2021 passed in NM No.2723/18. Exh.8
O-Seen
Plaintiff not yet received the said cheque. It appears that cheques are sent through RPAD on 30.09.2021.
Plaintiff to verify.
Deft. No.1 to 3 filed WS. TOR. Exh.9
Copy served to the plaintiff.
Matter stands adjourned to 30.11.2021 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Matter mentioned at 3.41 p.m.
Adv. Tiwari for plaintiff present.
None present for defendant.
Matter stands adjourned to 25.01.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: Matter called out at 11.36 a.m.
Adv. P. S. Tiwari for plaintiff present. He made a statement that they have not received cost awarded while condonation of delay in filing WS.
Defendant to take notice of the same and comply.
None present for defendant.
Matter stands adjourned to 09.03.2022 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Matter called out at 11.51 a.m.
Adv. Puranik for respondent in NM No.528/20 present.
It appears that matter pertains to afternoon session, hence, kept back.
Later on at 3.12 p.m.
None present for plaintiff and defendant.
Adv. Puranik for respondent in NM No.528/20 present.
Matter stands adjourned by way of last chance to 16.04.2022 for NM
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: As court is on leave, board discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: Adv. P. S. Tiwari for plaintiff present.
Adv. Omar Khaiyam Shaikh for defendant present.
Record shows that NMNo. 528/2020 is allowed subject to cost of Rs.30,000/-. Adv. for Defendant is saying that he has sent a cheque of Rs.30,000/- by RPAD. Counsel for plaintiff is claiming that he has not received that cheque.
Deft\''s advocate is directed to submit account details whether the amount for which the cheque was drawn is debited from his account or to pay the amount of cost promptly on or before next date as his motion will be taken for dismissal on next date.
Matter stands adjourned to 26.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Adv. P. S. Tiwari for plaintiff present.
Adv. Gautam Kanchanpurkar for Deft. no.22 present.
Counsel of Deft. no.1 to 3 absent when called.
As per the roznama dated 16.09.2021, Deft. no.1 to 3 had taken out NM No.2723/18 for filing WS with condonation of delay which came to be allowed on costs of Rs.30,000/-. Deft. no.1 to 3 are claiming that they have paid Rs.30,000/- by cheque and sent to the plaintiff by RPAD. The plaintiff is denying the receipt of amount of costs, therefore, plaintiff was directed to verify as per roznama dated 30.10.2021 and directed to comply as per the roznama dated 25.01.2022. On last date, these defendants were directed to submit their account details so as to show the cheque amount of Rs.30,000/- is deducted from the account of defendants.
However, Adv. Omar Khaiyam Shaikh for Deft. no.1 to 3 appeared and seeking time to deposit the amount in court within 24 hours. Hence, he is allowed to deposit the amount of Rs.30,000/- within a week, in failure the NM No.2723/18 shall stand disposed of as dismissed without reference to this court. In case, costs is deposited within stipulated period, plaintiffs are allowed to withdraw the same.
At this stage Advocate G. Kanchanpurkar for Deft. no.22, son of original plaintiff claimed that he is also entitled for the share in the costs a/w all the plaintiffs. However, the costs in the NM No.2723/2018 is allowed in favour of plaintiff. He being Deft. no.22, is not entitled to claim any share in the costs. Hence, request rejected.
Matter stands adjourned to 20.09.2022 for compliance of costs/
hearing of contempt NM.
Later on mentioned at 4.40 p.m.
Adv. Puranik for respondent in NM No.528/20 present.
Already adjourned to 20.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Adv. P. S. Tiwari for plaintiff present.
Adv. Afrin Khan h/f Adv. Omar K. Shaikh for Deft. no.1 to 3 present. She tendered pursis for compliance of order dated 16.09.2021 and 26.07.2022. TOR. Exh.10.
Adv. Pooja Kale for Deft. no.22 present.
Adv. Puranik for respondent in NM No.528/20 present.
Deft. no.1 to 3 is directed to file WS on record on next date.
Matter stands adjourned to 28.11.2022 for NM hearing and WS of
Deft. no.1 to 3.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Adv. Reshmi Parab for plaintiff present. She is seeking time. Time granted.
Adv. Priya Patil for Deft. no.22 present.
Matter stands adjourned to 08.02.2023 for NM hearing.
Later on at 3.34 p.m.
Adv. Shahin Dhamaskar h/f Adv. Omar Khaiyam for Deft. no.1 to 3
present.
Already adjourned to 08.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: Adv. P. S. Tiwari for plaintiff present. Plaintiff tendered draft issues. TOR.
Adv. Priya Patil for defendant No.22 present.
Issues framed below Exh.11.
ISSUES
1. Do the plaintiffs prove that the defendants have committed breach of terms of condition of the development agreement
dated 21.02.2006 executed between original plaintiff and
defendants ?
2. Do the plaintiffs prove that the defendants have failed to
comply the conditions of memorandum of understanding
dated 31.01.2006 and development agreement dated
21.02.2006 ?
3. Are the plaintiff entitled for the relief sought ?
4. What order and decree ?
Plaintiff to file list of witness, evidence on affidavit alongwith documents as per list with advance copy to the other side on or before next date.
Matter stands adjourned on 29.03.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: None present.
K.B.
Later on at 12.13 p.m.
Adv. Priya Patil I/b Adv. Gautam Kanchunpurkar for defendant No.22 present.
K.B.
Later on at 3.18 p.m.
Adv. P. S. Tiwari for plaintiff present.
Adv. Priya Patil I/b Adv. Gautam Kanchunpurkar for defendant No.22 present.
Matter stands adjourned on 27.06.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2023
Date: 27-06-2023
Business: Adv Reshmi Parab for Plaintiff present and seeks time for filing evidence affidavit. Time granted. .
Adv Rashmi Shirke h/f Adv Gautam Kanchanpurkar for defendant no. present.
Matter stands adjourned on 04-09-2023 for filing evidence affidavit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: Adv P.S. Tiwari a/w plaintiff no. 2 on behalf of CA for Plaintiff no. 1 (a) and 1 (b) present.
Adv. Gautam Kanchunpurkar a/w defendant No.22 present.
Exh.12 Adv for Plaintiff filed application for withdraw the suit along with Copy of Power Attorney executed by Plaintiff no 1(a) and 1 (b) in favour of Plaintiff no. 2 and Aadhar Card of Plaintiff no.2. TOR.
Order :- Heard plaintiff no. 2 and his advocate. Plaintiffs 1 (a), 1 (b) and 2 wish to withdraw the suit unconditionally. Plaintiff no. 2 admitted that he want to withdraw the suit on the behalf of all the Plaintiffs. Plaintiff no. 2 is identified by his advocate Permission granted. Suit is disposed of as withdrawn. Notice of Motion No. 528/2020 accordingly disposed of as withdrawn. Court fees be refunded as per rules.
Exh.13 Adv for Plaintiff filed application for returning of original documents. TOR. O- Allowed subject to verified documents from record.
L.O. at 4.10 pm.
Adv Jayant Puranik for BMC present.
Nature Of Disposal: WITHDRAWL
Disposal Date: 04-09-2023