Date: 31-03-2021
Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
The case is adjourned to 06.05.2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: Due to COVID-19 pandemic.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: Matter called out at 3.58 p.m.
Adv. Kharatmol for plaintiff present.
Adv. for defendant absent.
Till date Defendant did not tender original NM No. 667 of 2021.
Plaintiff filed reply to NM No. 667 of 2021. TOR.
Matter stands adjourned to 24.09.2021 NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021
Date: 20-08-2021
Business: Matter called out at 3.58 p.m.
Adv. Kharatmol for plaintiff present.
Adv. for defendant absent.
Till date Defendant did not tender original NM No. 667 of 2021.
Plaintiff filed reply to NM No. 667 of 2021. TOR.
Matter stands adjourned to 24.09.2021 NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: PO is on leave in second session.
Hence, Court is discharge.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2021
Date: 24-09-2021
Business: PO is on leave in second session.
Hence, Court is discharge.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2021
Date: 24-09-2021
Business: PO is on leave in second session.
Hence, Court is discharge.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Matter called out at 4.07 p.m.
Adv. Anil Kharatmol for plaintiff present.
None present for defendant.
Matter stands adjourned to 15.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2022
Date: 16-11-2021
Business: Matter called out at 4.07 p.m.
Adv. Anil Kharatmol for plaintiff present.
None present for defendant.
Matter stands adjourned to 15.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2022
Date: 16-11-2021
Business: Matter called out at 4.07 p.m.
Adv. Anil Kharatmol for plaintiff present.
None present for defendant.
Matter stands adjourned to 15.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2022
Date: 15-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Matter called out at 3.18 p.m.
Adv. Anil Kharatmol for plaintiff present.
None present for defendant.
Defendant failed to tender reg. NM No.667/2021. Hence, put up for NM No.667/2021 for dismissal.
Matter stands adjourned to 29.03.2022 for NM hearing/dismissal.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2022
Date: 23-03-2022
Business: Matter called out at 3.18 p.m.
Adv. Anil Kharatmol for plaintiff present.
None present for defendant.
Defendant failed to tender reg. NM No.667/2021. Hence, put up for NM No.667/2021 for dismissal.
Matter stands adjourned to 29.03.2022 for NM hearing/dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-03-2022
Date: 23-03-2022
Business: Matter called out at 3.18 p.m.
Adv. Anil Kharatmol for plaintiff present.
None present for defendant.
Defendant failed to tender reg. NM No.667/2021. Hence, put up for NM No.667/2021 for dismissal.
Matter stands adjourned to 29.03.2022 for NM hearing/dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Matter called out at 3.55 p.m.
Adv. Anil Kharatmol for plaintiff present.
None present for defendant. Hence, defendant\''s NM No. 667/2021 is dismissed for non-prosecution.
Matter stands adjourned to 02.05.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2022
Date: 29-03-2022
Date: 02-05-2022
Business: Adv. Anil Kharatmol for plaintiff present.
None present for defendant.
As court is busy in hearing in St.4138/2022.
Matter stands adjourned to 02.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2022
Date: 02-05-2022
Business: Adv. Anil Kharatmol for plaintiff present.
None present for defendant.
As court is busy in hearing in St.4138/2022.
Matter stands adjourned to 02.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2022
Date: 02-07-2022
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2022
Date: 02-07-2022
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv. Kharatmol for plaintiff present.
None present for defendant.
K.B.
Later on mentioned at 4.33 p.m.
Adv. Kharatmol for plaintiff present.
Heard the advocate for plaintiff in NM No.757/2020.
It appears from the roznama that the defendant is absent since 31.03.2021. It is the contention of the plaintiff that the defendant is intending to dispose of the suit property instead of performing the contract. Considering the absence of defendant which cover Covid-19 period, it would be just and proper to issue notice to the defendant through bailiff. In the meantime, parties to maintain status quo till next date.
Issue notice of appearance to the defendant through bailiff/RPAD.
Parties to act on authenticated copy.
Matter stands adjourned to 07.11.2022 for appearance of defendant.
Next Purpose: FOR APPERANCE
Next Hearing Date: 07-11-2022
Date: 30-08-2022
Business: Adv. Kharatmol for plaintiff present.
None present for defendant.
K.B.
Later on mentioned at 4.33 p.m.
Adv. Kharatmol for plaintiff present.
Heard the advocate for plaintiff in NM No.757/2020.
It appears from the roznama that the defendant is absent since 31.03.2021. It is the contention of the plaintiff that the defendant is intending to dispose of the suit property instead of performing the contract. Considering the absence of defendant which cover Covid-19 period, it would be just and proper to issue notice to the defendant through bailiff. In the meantime, parties to maintain status quo till next date.
Issue notice of appearance to the defendant through bailiff/RPAD.
Parties to act on authenticated copy.
Matter stands adjourned to 07.11.2022 for appearance of defendant.
Next Purpose: FOR APPERANCE
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: Matter pertains to C.R.No. 03.
Adv. Mr. Anil S. Kharatmol is present.
None for defendant.
Earlier order, if any to continue till next date.
Matter stands adjourned to 15.12.2022.
Next Purpose: FOR APPERANCE
Next Hearing Date: 15-12-2022
Date: 07-11-2022
Business: Matter pertains to C.R.No. 03.
Adv. Mr. Anil S. Kharatmol is present.
None for defendant.
Earlier order, if any to continue till next date.
Matter stands adjourned to 15.12.2022.
Next Purpose: FOR APPERANCE
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: Adv. Anil Kharatmol for plaintiff present.
Adv. Mohit Advani for defendant present. He tendered disposed off reg. NM No.667/2021. TOR.
Earlier order to continue, if any till next date.
Matter stands adjourned to 20.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2023
Date: 15-12-2022
Business: Adv. Anil Kharatmol for plaintiff present.
Adv. Mohit Advani for defendant present. He tendered disposed off reg. NM No.667/2021. TOR.
Earlier order to continue, if any till next date.
Matter stands adjourned to 20.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Business: Adv. Anil Kharatmol for plaintiff present.
Adv. Mohit Advani for defendant present. He tendered draft NM a/w affidavit in support.
O-Leave granted to register draft NM.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 18.04.2023 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 18-04-2023
Date: 20-02-2023
Business: Adv. Anil Kharatmol for plaintiff present.
Adv. Mohit Advani for defendant present. He tendered draft NM a/w affidavit in support.
O-Leave granted to register draft NM.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 18.04.2023 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Adv. Kharatmol for plaintiff present.
Adv. Mohit Advani for defendant present. He tendered registered NM No.1324/2023. TOR.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 07.07.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 07-07-2023
Date: 18-04-2023
Business: Adv. Kharatmol for plaintiff present.
Adv. Mohit Advani for defendant present. He tendered registered NM No.1324/2023. TOR.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 07.07.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: CORAM - H.H.J. Shri. V. D. Kedar Addl. Sessions Judge C.R. NO.1.
Matter pertains to C.R. No. 3
Adv. Anil Kharatmol for Plaintiff present.
None for defendant present.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 18.08.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 18-08-2023
Date: 07-07-2023
Business: CORAM - H.H.J. Shri. V. D. Kedar Addl. Sessions Judge C.R. NO.1.
Matter pertains to C.R. No. 3
Adv. Anil Kharatmol for Plaintiff present.
None for defendant present.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 18.08.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 18-08-2023
Date: 18-08-2023
Business: Matter pertains to C.R. No.3
Adv. Anil S. Kharatmol for plaintiff present.
Adv. Mohit Advani for defendant present.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 21-09-2023 for Reply.
Next Purpose: REPLY
Next Hearing Date: 21-09-2023
Date: 18-08-2023
Business: Matter pertains to C.R. No.3
Adv. Anil S. Kharatmol for plaintiff present.
Adv. Mohit Advani for defendant present.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 21-09-2023 for Reply.
Next Purpose: REPLY
Next Hearing Date: 21-09-2023
Date: 21-09-2023
Business: Matter pertains to C.R. No.3
Adv. Anil S. Kharatmol for Plaintiff present.
None for defendant.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 31.10.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 31-10-2023
Date: 21-09-2023
Business: Matter pertains to C.R. No.3
Adv. Anil S. Kharatmol for Plaintiff present.
None for defendant.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 31.10.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 31-10-2023
Date: 31-10-2023
Business: Adv. Kharatmol present for Plaintiff. He tendered Draft Chamber Summons along with affidavit in support. TOR. O- Leave is granted to register Chamber Summons. Copy of Draft Chamber Summons handed over to the party for registration.
Adv. Advani present for Defendant.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 10.01.2024 for service/reply.
Next Purpose: SERVICE
Next Hearing Date: 10-01-2024
Date: 31-10-2023
Business: Adv. Kharatmol present for Plaintiff. He tendered Draft Chamber Summons along with affidavit in support. TOR. O- Leave is granted to register Chamber Summons. Copy of Draft Chamber Summons handed over to the party for registration.
Adv. Advani present for Defendant.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 10.01.2024 for service/reply.
Next Purpose: SERVICE
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: Advocate Kharatmol for Plaintiff present and filed registered Ch/s No. 2066/2023. Taken On Record.
Advocate Mustaffa for proposed defendant present.
Earlier order, if any, to be continued till next date.
The Learned Advocate for proposed defendant submits that he will file Vakalatnama on record and reply on next date.
Matter stands adjourned on 13-03-2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 13-03-2024
Date: 10-01-2024
Business: Advocate Kharatmol for Plaintiff present and filed registered Ch/s No. 2066/2023. Taken On Record.
Advocate Mustaffa for proposed defendant present.
Earlier order, if any, to be continued till next date.
The Learned Advocate for proposed defendant submits that he will file Vakalatnama on record and reply on next date.
Matter stands adjourned on 13-03-2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 13-03-2024
Date: 13-03-2024
Business: Adv. A. Kharatmol for Plaintiff present.
Adv. Mohit Adwani for defendant present.
Adv. Mustafa for proposed defendant present.
The plaintiff is directed to serve the copy of Ch/s on the proposed defendant.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 30-04-2024 for C/s service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 30-04-2024
Date: 13-03-2024
Business: Adv. A. Kharatmol for Plaintiff present.
Adv. Mohit Adwani for defendant present.
Adv. Mustafa for proposed defendant present.
The plaintiff is directed to serve the copy of Ch/s on the proposed defendant.
Earlier order, if any, to be continued till next date.
Matter stands adjourned on 30-04-2024 for C/s service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 30-04-2024
Date: 30-04-2024
Business: Adv. Anil Kharatmol for Plaintiff present.
Adv. Mustafa for proposed defendant present.
C/s 2066 of 2023 not pressed by the Ld. Adv. for plaintiff. Hence C/s No. 2066 of 2023 is disposed of as not pressed.
Matter stands adjourned on 03-07-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2024
Date: 30-04-2024
Business: Adv. Anil Kharatmol for Plaintiff present.
Adv. Mustafa for proposed defendant present.
C/s 2066 of 2023 not pressed by the Ld. Adv. for plaintiff. Hence C/s No. 2066 of 2023 is disposed of as not pressed.
Matter stands adjourned on 03-07-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2024
Date: 02-05-2024
Business: By precipe - O - Allowed.
Adv. Anil Kharatomol for Plaintiff present and tendered draft Ch/s a/w affidavit in support. TOR. O-Leave is granted to register draft Ch/s. Copy of Draft Chamber Summons handed over to party for registration.
The Plaintiff is directed to file the registered Ch/s on next date without fail, otherwise Ch/s will be dismissed.
Matter stands adjourned on 03-07-2024 for C/s service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 04-05-2024
Date: 04-05-2024
Business: By precipe. O- Allowed.
Plaintiff in person present and filed registered C/s No. 916/24. Taken On Record.
Adv Mustafa for proposed defendant present and filed say on C/s No. 916/2024 .
Matter stands adjourned on 03-07-2024 for C/s service and reply of
defendant on C/s No.916/2024.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 07-05-2024
Date: 04-05-2024
Business: By precipe. O- Allowed.
Plaintiff in person present and filed registered C/s No. 916/24. Taken On Record.
Adv Mustafa for proposed defendant present and filed say on C/s No. 916/2024 .
Matter stands adjourned on 03-07-2024 for C/s service and reply of
defendant on C/s No.916/2024.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 07-05-2024
Date: 07-05-2024
Business: CORAM :- H.H.J. SHRI S. B. JOSHI (CR. 61)
Matter pertains to Court Room No.03
By precipe
Adv. A. S. Kharatmal for plaintiff present.
Advocate i/b. M/s. Prakash and Co. for defendant no.1 present and he file reply on Chamber Summons No. 916/24 itself.
Matter is adjourned on 08.05.2024 for Ch/s. order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-05-2024
Date: 07-05-2024
Business: CORAM :- H.H.J. SHRI S. B. JOSHI (CR. 61)
Matter pertains to Court Room No.03
By precipe
Adv. A. S. Kharatmal for plaintiff present.
Advocate i/b. M/s. Prakash and Co. for defendant no.1 present and he file reply on Chamber Summons No. 916/24 itself.
Matter is adjourned on 08.05.2024 for Ch/s. order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-05-2024
Date: 08-05-2024
Business: P. O. is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-05-2024
Date: 08-05-2024
Business: P. O. is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-05-2024
Date: 09-05-2024
Business: Adv. Kharatmol for Plaintiff present.
Adv. for defendant present.
Due to paucity of time, matter stands adjourned.
Matter stands adjourned on 10-05-2024 for CS order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 10-05-2024
Date: 09-05-2024
Business: Adv. Kharatmol for Plaintiff present.
Adv. for defendant present.
Due to paucity of time, matter stands adjourned.
Matter stands adjourned on 10-05-2024 for CS order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 10-05-2024
Date: 10-05-2024
Business: Power Of Attorney Shri. Sanjay Ram Dave alongwith Advocate Anil S. Kharatmol for Plaintiffs present.
Advocate Prakash Shah for defendant no.1 present.
Advocate Mustafa Nulwala i/b. DSK legal for proposed defendant present.
Order below Chamber Summons No.916/24
Perused chamber summons and say. The applicant is seeking permission to add name and address of following defendant i.e. Prestige Falcon Mumbai Reality Pvt. Ltd. as defendant no.2 as per schedule in cause title of the suit. Defendant have given no objection for the said chamber summons. In view of the same and right to sue survives, I proceed to pass following order.
ORDER
1. Chamber Summons no.916/2024 is hereby allowed in terms of prayer clause (a).
2. The applicant is permitted to carry out the necessary amendment as per Schedule within stipulated time.
3. After carrying out amendment, amended copy be served to other side.
4. Cost in cause.
Advocate for plaintiff tendered application for taking consent terms on record. Marked at Exh.5.
Consent terms taken on record. Marked at Exh.6.
Plaintiff is directed to carry out amendment within stipulated period, after compliance of order in chamber summons consent decree will be passed.
Matter stands adjourned on 11-06-2024 for Consent decree order.
Next Purpose: CONSENT TERM
Next Hearing Date: 22-05-2024
Date: 10-05-2024
Business: Power Of Attorney Shri. Sanjay Ram Dave alongwith Advocate Anil S. Kharatmol for Plaintiffs present.
Advocate Prakash Shah for defendant no.1 present.
Advocate Mustafa Nulwala i/b. DSK legal for proposed defendant present.
Order below Chamber Summons No.916/24
Perused chamber summons and say. The applicant is seeking permission to add name and address of following defendant i.e. Prestige Falcon Mumbai Reality Pvt. Ltd. as defendant no.2 as per schedule in cause title of the suit. Defendant have given no objection for the said chamber summons. In view of the same and right to sue survives, I proceed to pass following order.
ORDER
1. Chamber Summons no.916/2024 is hereby allowed in terms of prayer clause (a).
2. The applicant is permitted to carry out the necessary amendment as per Schedule within stipulated time.
3. After carrying out amendment, amended copy be served to other side.
4. Cost in cause.
Advocate for plaintiff tendered application for taking consent terms on record. Marked at Exh.5.
Consent terms taken on record. Marked at Exh.6.
Plaintiff is directed to carry out amendment within stipulated period, after compliance of order in chamber summons consent decree will be passed.
Matter stands adjourned on 11-06-2024 for Consent decree order.
Next Purpose: CONSENT TERM
Next Hearing Date: 22-05-2024
Date: 22-05-2024
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
By precipe. Order - Allowed.
Adv. Anil S. Kharatmol along with C.A. of Plaintiff present.
Adv. Prakash Shah along with representative of defendant no.1 present.
Adv. Mustafa Nulwala i/b DSK Legal along with representative of defendant no. 2 present.
The plaintiff has carried out amendment on 13.05.2024 in the plaint. Today parties are present before the Court. In view of settlement between the parties, following order is passed.
ORDER BELOW EXHIBIT 1.
Plaintiff and defendants have filed consent terms (Exhibit 6). Heard plaintiff and defendants in person as well as their advocates. Plaintiff and defendants agreed to the terms and conditions of Consent Terms (Exhibit 6). Same are read and recorded. They have also admitted that they are not having any coercion, misrepresentation or fraud to enter into the Consent Terms. They are praying to decree the suit as per the Consent Terms. Hence, I pass the following order-
ORDER
1. Suit No. 891 of 2021 is disposed of as per Consent Terms (Exhibit-6).
2. Decree be drawn up accordingly.
3. No order as to costs.
4. Court fees be refunded as per rules.
5. Notice of Motion 1324 of 2023 and Notice of Motion No. 757 of 2020 are disposed of accordingly.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 22-05-2024
