Date: 16-02-2019
Business: CORAM H.H.J. S.A. QUAZI, 2nd Addl. Principal Judge (C.R.NO.04)
Matter pertains to C.R.No.19.
Adv. M. Giri a/w Sagar Bataviya for appellant present.
Respondent and his adv. absent.
Exh. 2 Affd. of service on the respondents with acknowledgement.
Exh. 3 Stay application.
ORDER ON STAY APPLICATION
Heard the Ld. adv. for appellant. The respondent is absent. As per the affd. of the appellant it appears that the respondent has been served with the notice. Acknowledgement to the respondents to this effect is annexed to the affd. Exh.2. In view of this it is directed that show cause notice to be issued to the respondents to show cause as to why the stay should not be granted. The notice made be returnable on 01.03.2019. In the meanwhile the execution of the impugned order dtd. 28.12.2018 shall stand stayed till next date. Matter is adjd. to. 01.03.2019 for service of respondents.
Next Purpose: SERVICE
Next Hearing Date: 01-03-2019
Date: 01-03-2019
Business: CORAM-H.H.J. S.A. QUAZI, 2nd Addl. Principal Judge (C.R.NO.04)
Matter pertains to C.R.No.19
Adv. for appellant present.
Adv. Shriram Rediz for respondent present.
On request of Adv. for respondent Matter is adjd. to. 18.03.2019 for filing reply to the stay application.
E.O. to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 18-03-2019
Date: 18-03-2019
Business: Sagar Batavia for appellant present.
Adv. Shreeram Redij for respondent present.
Exh.4He files memo of appearance.
Exh.5He also files pursis for production of R and P.
Respondent tenders R and P. Copy served to other side.
Ld. Counsel for respondent objects to continue the interim order. Since the interim relief is already granted, interim stay to continue till next date.
Adjd. to 08/04/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Business: Adv. Sagar Batavia for appellant present.
Adv. Shreeram Redij for respondent present.
Exh.6Respondent files affidavit.
O-R and R.
Adjd. to 12/06/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 12-06-2019
Date: 12-06-2019
Business: Adv. A.N. Giri for appellant present.
Adv. Kunal Thakkar h/f Adv. Shreeram Redij for respondent present.
At the request of respondent, adjd. to 26/06/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 26-06-2019
Date: 26-06-2019
Business: Appellant present.
Adv. Kunal Thakkar h/f Adv. Shriram Redij for respondent present.
The P.O. had been to J.J.B. Dongri for memo reading, adjd. to 15/07/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 15-07-2019
Date: 15-07-2019
Business: Adv. Sagar Batavale h/f Adv. A.N. Giri for appellant is present.
Adv. Shriram Redij for respondent is present.
As connected Appeal Nos.5/19 and 6/19 are adjourned to 21.08.2019 hence this appeal is adjourned to 21.08.2019 for Hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: Adv. A.P.Mordia for appellant is present.
dv. Mr.Shriram Redij for respondent is present.
As the Court is busy in hearing old matters, adjourned to 27.09.2019 for Hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: Adv. Sagar Batavia I/b Adv. A. N. Giri for appellant is present.
Adv. Shriram Redij for respondent is present.
Adjourned to 23.10.2019 for Hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Adv Mr. P.D. Gandhy for appellant present.
Mr. Sanni Kumar Gupta, Jr. Engineer MCD-V CPWD for respondent present.
Adv Mr. Kunal Thakkar I/b Adv Mr. Shriram Redij for respondent present.
Adjd. To 20.11.2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Adv. Sagar Batavia i/b Adv. A. N. Giri for appellant is present.
Adv. Kunal Thakkar i/b Adv. Shriram Redij for respondent is present.
Mr. Sanjay Kumar Meena, Assistant Engineer of CPWD is present.
Adjourned to 20.12.2019 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Adv. Sagar Batavia i/b Adv. A. N. Giri for appellant is present.
Adv. Shreeram Redij for respondent is present.
At the request of advocate for appellant, adjourned to 13.01.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Appellant is present.
Advocate for appellant is absent.
Adv. Kunal Thakkar i/b Adv. Shriram Redij for respondent is present.
By consent, adjourned to 05.02.2020 for Hearing.
Earlier order, if any, to continue till next date.
LO at 01.30 pm.
Adv. Pratibha Redkar I/b Adv. A. N. Giri for appellant is present.
Next Purpose: HEARING
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv. Sagar Batavia i/b Adv. A. N. Giri for appellant is present.
Adv. Kunal Thakkar i/b Adv. Shriram Redij for respondent is present.
Advocate for appellant submits that his senior is not available today and hence seeks adjournment.
Adjourned to 12.02.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv. A. N. Giri for appellant is present.
Adv. Kunal Thakkar i/b Adv. Shriram Redij for respondent is present.
Heard final arguments of Adv. Giri for appellant.
At the request of advocate for respondent, adjourned to 14.02.2020 for Arguments of respondent.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Adv. Sagar Bataviya h/f Adv. A. N. Giri for appellant is present.
Adv. Shriram Redij for respondent is present.
Heard final arguments of Adv. Redij for respondent.
Adjourned to 18.02.2020 for Judgment.
Earlier order, if any, to continue till next date.
Next Purpose: JUDGMENT
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Appellant is present.
Adv. Shriram Redij for respondent is present.
Judgment is dictated and pronounced in open Court.
F.R.S.R. Following order is passed.
ORDER
1) Misc. Appeal no. 45/19 is allowed.
2) The impugned order dated 28th December, 2018 is hereby set aside.
3) The matter is remanded back to the Estate Officer for deciding afresh i.e. the Estate Officer shall give the opportunity of hearing to the appellant. Thereafter, Estate Officer shall complete the inquiry as early as possible.
4) R and P sent back.
Nature Of Disposal: ALLOWED
Disposal Date: 18-02-2020