Date: 13-02-2020
Business: Matter moved by preceipe at 2.52pm
Mr.Gajanan G.Surve Section Officer court receiver present.
Adv.Vatsal Shah i/b MMK Law Associates for defendant no.9 present.
Adv.for defendant no.9 tendered registered N/M No.710/2020. T.O.R
Later on at 2.59pm
Adv.S.S.Redekar for plaintiff present.
Copy serve to the receiver and also to the advocate of plaintiff. In pursuance of the service the representative of court receiver is present. The defendant no.9 seeking to challenge order dated 18/09/2019 by which this court appointed plaintiff as agent of the court receiver without payment of any royalty.
It is argued by the advocate for the defendant no.9 that, he has no objection for handing over possession to the plaintiff but, it should be with royalty. Hence, he is seeking to stay the clause no.2 of operative part of order dated 18/09/2019 passed in N/M No.507/18.
I have heard both the side. The order in N/M No.507/18 was passed way back in Sep-2019. The defendant no.9 is not appearing in the matter since long, when this court passed the order to break open the lock, the defendant no.9 came up with the motion challenging the order dated 18/09/2019. In my view, there is no bonafide on the part of defendant no.9. The def.no.9 has remedy to challenge the aforesaid order before Honble High Court. I do not find any reason even for granting Ad-interim relief. Hence, ad-interim relief is rejected.
Parties to act on authenticated copy.
Matter is already adj to 17/03/2020 for report
Next Purpose: REPORT
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: None for plaintiff.
None for defendants.
In view of the advisory to subordinate courts and office order no. 66 /2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of coronavirus (2019-Ncov) the matter is adjourned.
Adjd to 02-04-2020 for report of commissioner/court receiver.
Next Purpose: REPORT
Next Hearing Date: 02-04-2020
Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19)
Next Purpose: REPORT
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Business: In view of the advisory to subordinate courts and office order no. 92 /2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Adjd to 18.07.2020 for Report of Commissioner
Next Purpose: REPORT
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Next Purpose: REPORT
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19)
Next Purpose: REPORT
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Next Purpose: REPORT
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Next Purpose: REPORT
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: REPORT
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv. Redekar for plaintiff present.
None for defendants.
On oral request of Ld. Adv. for plaintiff matter is adjourned.
Adjd to 08.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: None for plaintiff.
Adv. Bansal Shah for def. no. 9 present.
On oral request of Ld. Adv. for plaintiff adjournment granted.
Adjd to 07.04.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Court is on leave, hence board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: Due to Covid-19.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: None for both the parties.
Adjd for compliance to 14/10/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: adv. S. S. Redekar For plaintiff present.
Adv. For defendant present.
Adv. S. R. Gupta For applicant present.
Adv. For applicant filed registered NM No. 1936/21. t.o.r.
adv. For plaintiff stated that he wil like to file reply. All the parties to take note that as suit is pending since 1995 they should proceed with suit expeditiously as pending since 26 years. No adjournments on any ground will be granted.
The party who remains absent or does not file reply will have to face consequences.
Parties to further note that before filing reply they should serve reply to other side and other side if he so wants may file rejoinder to it else the NM will be heard and decided and no further adjournments will be given from said compliance.
Adjd for NM reply/NM arguments as last chance to 1936/21 to
26/10/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Dt.26/10/2021
Suit 2734/95
NM 1951/12
NM 1936/21
NM 710/20
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Adv. S.S. Redekar for plaintiff is present.
Adv. Vatsal Shah for defendant no.9 is present.
Adv. for plaintiff filed affidavit in reply to notice of motion no.1936 of 2021. TOR.
Copy served to other side.
KB.
Adv. Vatsal Shah for deft. no.9 is present.
Adv. S.R. Gupta for applicant present.
Repeatedly told to sheristedar to hand over notice of motion no 1936 of 2021 and 710/2020.
On perusal of roznama and hearing both the advocates the notice of motion no.1951/12 is pending for report of receiver as per order passed in roznama dt. 02-11-2019. Call the above report from the receiver.
Plaintiff has adduced the evidence. Advocate for plaintiff stated that he will file the document.
Parties to take note that the suit is pending since 1995. The notice of motion filed by the defendant will not affect the recording the evidence of parties. Therefore the suit will appear in the morning section for recording evidence. The parties to take note that they should present in morning else absent of party the suit will be disposed of.
Sheristedar to call report from receiver and comply it immediately.
Adjd for report of receiver /cross examination of plaintiff witness to 09/11/2021.
Next Purpose: REPORT OF COMISSIONER/COURT RECEIVER
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv. S. S. Redekar for plaintiff present.
Adv. Neelam Gupta I/b Adv. S. R. Gutpa for applicant present.
Applicant present.
None for defendants.
Smt. Sadhana M. Vengurlekar, Asst. Section officer, office of court receiver is present.
Exh-28 Report filed by Court Receiver. t.o.r. O- Read and recorded.
Adv. For plaintiff filed affidavit in reply to NM No. 710/2020 filed by deft No. 9. t.o.r.
Plaintiff is seeking time to file compilation of original documents Adjournment granted as last chance.
Adv. For plaintiff stated that they have received possession of room No. 27 as per order passed in Nm No. 507/2018.
Thereby the court receiver has complied the order passed in NM No. 507/2018.
In report the receiver stated that there is outstanding due to property tax upto 31.03.2020 and repair cess upto 31.03.2015 amounting to Rs. 7,63,338/-
On perusal of report of Court Receiver the parties have to pay the charges as stated in the report. The parties in the suit are directed to file their reply if any to the report.
Court Receiver to issues the copy of report filed today to the parties.
Defendant is directed to cross examine plaintiff\''s witness on next date.
Parties to take note that the adjournment will not be given for any compliance henceforth on any ground and they should diligently proceed with the suit. Party failing to do so will have to face consequences of the same.
Adjd for filing document if any/cross examination of plaintiff\''s witness to 26/11/2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv. S. S. Redekar for plaintiff present.
Applicant present.
Mr. Vithal Dudhani, Representative of Court Receiver, High court, Bombay present.
Adv. Vatsal Shah for defendant No. 9 present.
Adv. Neelam Gupta h/f Adv. S. R. Gupta For applicant present.
Adv. For applicant filed filed affidavit in rejoinder of applicant. t.o.r.
Adjd for NM hearing to 21/12/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: At 2.47 pm
Adv. S. S. Redekar for plaintiff present.
Adv. Vatsal Shah For defendant No. 9 present.
PW-1 present.
Adv. S. R. Gupta For applicant in NM No. 1936/21 present.
Court is busy in reading suit no. 305/88 which is placed for judgment on 22.12.2021 hence adjourned.
The suit is pending since 1995 the evidence is filed by plaintiff therefore the procedure of further examination of plaintiff will be simultaneously continued with the hearing of Notice of motion. Hence witness should appear in morning session for cross-examination/exhibiting documents. Defendant should be prepared for cross-examination of the witness failing which the suit will proceed without cross-examination by defendants on next date. Parties to take note that notice of motion will be heard in afternoon session.
Adjd for evidence /NM hearing to 07/01/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: At 11.06 am
None for plaintiff.
Witness of plaintiff absent.
Adv. Nandakumar More For defendant no. 9 present and stated that the advocate for defendant has been quarantined.
Kb L. O at 11.15 am
Adv. S. S. Redekar for plaintiff present and stated that witness is not feeling well.
Adjd for NM arguments/cross examination to 31/01/2022
LO
At 3.15 pm
Adv. Neelam Gupta For applicant in notice of motion no 1936/21 is present.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: Adv. S. S. Redekar for plaintiff present.
Adv. Vatsal Shah For defendant No. 9 present and stated that for cross examination some of the documents are to be called from plaintiff which is necessary.
Adv. For plaintiff also stated that he will verify the documents and will file if in possession of plaintiff.
Witness of plaintiff present.
Adv. Redekar For plaintiff stated that he called the advocate for third party applicant for arguments of Notice of motion. The advocate informed that he will not be able to come due to SOP for arguments.
Adjd for cross examination/NM arguments to 22/02/2022
Next Purpose: NM ARGUMENTS
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: Adv. S. S. Redekar for plaintiff present.
Adv. For applicant present.
Adv. Vatsal Shah For defendant No.9 present and tendered affidavit in reply to NM No. 1951/12 T.O.R
kb L. o at 3.59 pm
Adv. For applicant present and stated that his senior is out of town and not picking his call. The advocate appearing today should have stated it when matter was called 45 mins back.
After waiting for 45 minutes the above stated is made. Suit is pending since 1995 therefore it is for applicant to argue the NM filed by him/her.
Heard arguments of Adv. Mr. Vatsal Shah for defendant No. 9 and adv. S. S. Redekar for plaintiff.
Adv. For plaintiff tendered draft notice of motion along with affidavit in support. O- Leave granted to register notice of motion.
Adv. For defendant No. 9 tendered draft chamber summons along with affidavit in support. O- Leave granted to register chamber summons.
Adv. For plaintiff tendered draft notice of motion along with affidavit in support. O- Leave granted to register notice of motion.
Plaintiff to serve the copy of notice of motion to court receiver.
Adv. For applicant to argue NM No. 1936/21 tomorrow failing which the NM will be decided without argument for adv. For applicant.
Adjd for NM arguments to 23/02/2022
Next Purpose: NM ARGUMENTS
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: At 11.01 am
Adv. Vatsal Shah For defendant No. 9 present.
Adv. Neelam Gupta I/b Adv. S. R. Gupta For applicant present and seeking adjournment.
Kb L. O at 11.38 am
Adv. S. S. Redekar for plaintiff present.
Adv. For defendant No. 9 present.
Adv. For plaintiff tendered registered NM No. 640/22 along with affidavit in support. T.O.R.
Adv. For plaintiff tendered registered NM No 641/22 along with affidavit in support. T.O.R.
Adv. For defendant No. 9 tendered registered Chamber summons No. 236/22 along with affidavit in support. T.O.R.
Adv. For applicant present and again seeking adjournment and stated to keep matter on Tuesday as his senior is not available. It is applicant who is prolonging hearing of NM. Suit is pending since 1995. Applicant to file written arguments on 04/03/2022 at 11.00 am failing which the orders will be passed to Notice of motion. Applicant to note that he should file written arguments and written argument only will be considered for passing orders.
Adv. For plaintiff relied on authority relied in Writ petition No. 9999/13 in Rentworks India Pvt Ltd V/s India Infoline Ltd. T.O.R.
Adjd for Written arguments at 11 am/NM orders to 04/03/2022
Next Purpose: NM ORDERS
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv. Dhiraj Zokande h/f Adv. S. S. Redekar for plaintiff present.
Adv. S. R. Gupta for applicant present.
Adv. For applicant tendered written arguments In NM No. 1936/21
Adv. For applicant tendered list of citations produced on behalf of applicant. T.O.R.
Adv. For applicant seeking time to file reply to Notice of motion.
Adjd for NM orders to 11/03/2022
Next Purpose: NM ORDERS
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv. S. S. Redekar for plaintiff present.
Adv. Vatsal Shah a/w S. T. mane for defendant No.9 present.
Plaintiff No.1 present.
Adv. For plaintiff filed registered Notice of Motion No. 915/2022 along with affidavit in support. TOR.
Adjd for NM Order on 19.03.2022.
L.O.
Adv. S.R. Gupta for applicant present in NM No.1936/21, NM No.915/22 and NM No.640/22.
Next Purpose: NM ORDERS
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: Adv. Himalaya Chaudhari h/f Adv. Redekar for plaintiff present.
Adv. S. R. Gupta For applicant present.
FRSR the following order is passed in NM No. 710 of 2020
ORDER
1. The notice of motion is rejected.
2. No order as to cost.
3. Accordingly, the notice of motion is disposed of.
Nature Of Disposal: DISMISSED
Disposal Date: 19-03-2022