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Date: 22-03-2019 Business: Adv.Arpit Solanki for plaintiff present. Issue writ of summons against defendants. Matter ajd for service affidavit on 30.07.2019. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 30-07-2019 Date: 30-07-2019 Business: Adv. Harpit Solanki for plaintiff present. Exh.2 Service affidavit filed by plaintiff. TOR. The annexed postal acknowledgement shows duly service on defendant. So service part is over. None appeared for defendant. Matter adjd for exparte order on 26/09/2019. Next Purpose: ORDER Next Hearing Date: 26-09-2019 Date: 26-09-2019 Business: Adv. Arpit Solanki for plaintiff present. Despite service none appeared for defendant. Suit to proceed Exparte against the defendant. Evidence affidavit of PW no.1 Chetan Merchant t.o.r.andmarked at Exh.3. Compilation of documents marked at Exh.4. Adjd.for evidence on 28.11.2019 Next Purpose: RECORDING EVIDENCE Next Hearing Date: 28-11-2019 Date: 28-11-2019 Business: Adv. Kantawala for plaintiff present. None Present for the Deft. Matter is already proceeded ex-party. Matter adjd for R/E on 04/01/2020. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 04-01-2020 Date: 04-01-2020 Business: Adv. Kantawala for plaintiff present. Matter already proceeded to exparte. On the oral request of Ld. Counsel for plaintiff matter is adjourned for hearing admissibility of documents. Matter adjd for hearing admissibility of documents on 06/02/2020. Next Purpose: HEARING Next Hearing Date: 06-02-2020 Date: 06-02-2020 Business: H.H.J. is on leave Next Purpose: HEARING Next Hearing Date: 05-03-2020 Date: 05-03-2020 Business: By Praecipe Adv Vyas for plaintiff present. Ld Adv for plff filed draft Chamber Summons along with affidavit. Heard Ld adv for plff. Leave granted to register C/S. Matter adj for tendering original registered CS and affidavit to fixed date 07-03-2020 at 2.45 pm. Next Purpose: CHAMBER SUMMONS Next Hearing Date: 07-03-2020 Date: 07-03-2020 Business: Adv. Vyas for plaintiff present. None for defendant. Suit already proceeded ex-parte against deft. Ld Adv for plaintiff tendered original registered Chamber Summons no. 432 of 2020 along with affidavit t.o.r. Ex.05 Ld Adv for plaintiff filed service affidavit t.o.r. O- Seen. Heard Ld Adv for plaintiff. Matter adjd for CS order to 24-03-2020 at 2.45 pm. Next Purpose: CH/S ORDERS Next Hearing Date: 24-03-2020 Date: 24-03-2020 Next Purpose: CH/S ORDERS Next Hearing Date: 03-04-2020 Date: 03-04-2020 Reason For Adjournment: National Lock Down Next Purpose: CH/S ORDERS Next Hearing Date: 17-04-2020 Date: 17-04-2020 Reason For Adjournment: National Lock Down Next Purpose: CH/S ORDERS Next Hearing Date: 06-05-2020 Date: 06-05-2020 Reason For Adjournment: National Lock Down Next Purpose: CH/S ORDERS Next Hearing Date: 28-05-2020 Date: 28-05-2020 Reason For Adjournment: National Lock Down Next Purpose: CH/S ORDERS Next Hearing Date: 15-06-2020 Date: 15-06-2020 Next Purpose: CH/S ORDERS Next Hearing Date: 08-07-2020 Date: 08-07-2020 Reason For Adjournment: National Lock Down Next Purpose: CH/S ORDERS Next Hearing Date: 17-07-2020 Date: 17-07-2020 Reason For Adjournment: National Lock Down Next Purpose: CH/S ORDERS Next Hearing Date: 31-07-2020 Date: 31-07-2020 Reason For Adjournment: National Lock Down Next Purpose: CH/S ORDERS Next Hearing Date: 04-09-2020 Date: 04-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: CH/S ORDERS Next Hearing Date: 16-09-2020 Date: 16-09-2020 Business: Due to Covid-19 matter is adjd time to time on 24/03/2020, 03/04/2020, 17/04/2020, 06/05/2020, 28/05/2020, 15/06/2020, 08/07/2020, 17/07/2020, 31/07/2020, 04/09/2020 and today this matter is posted for Ch/s Order. F.R.S.R. following order is passed. ORDER Chamber Summons No. 432 of 2020 is partly allowed as under 1. Plaintiff No.1 Chetan Merchant is permitted to amend the plaint as per Schedule- I attached with this chamber Summons. 2. Prayer of permitting plaintiff No.1 Mr. Chetan Merchant to amend evidence affidavit as per Schedule-II is hereby rejected. 3. Due to Covid-19 Pandemic, it is not proper to direct the plaintiff no.1 Mr. Chetan Merchant to amend the plaint as per Schedule-I filed with this Chamber Summons with 14 days from the date of this order. Therefore Plaintiff No.1 Mr. Chetan Merchant is hereby directed to amend the plaint as per Schedule-I filed with this Chamber Summons on or before 07/12/2020. 4. After carrying out amendment as directed above, plaintiff no.1 Mr. Chetan Merchant is directed to file amended copy of the plaint for court record and for defendant. 5. Suit is proceeded Ex-parte against the defendant, therefore plaintiffs are directed to serve copy of amended plaint to the defendant on required process fee. Matter is adjourned for compliance on 08/12/2020. Next Purpose: COMPLIANCE Next Hearing Date: 08-12-2020 Date: 08-12-2020 Business: Adv. Arpit Solanki for plaintiff present. None for defendant. Today matter is for compliance. Ld Adv for plaintiff submits to grant more time to comply order passed dated 16-09-2020 in CS no. 432/2020. Time granted till next date. The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons. Matter adjd for compliance to 08-03-2021. Next Purpose: COMPLIANCE Next Hearing Date: 08-03-2021 Date: 08-03-2021 Business: Nobody present. Adjd for compliance to 02/07/2021 Next Purpose: COMPLIANCE Next Hearing Date: 02-07-2021 Date: 02-07-2021 Business: Adv Jash Vyas for plaintiff filed affidavit of service. t.o.r. He sought time for filing fresh affidavit of evidence. Granted. Matter adjd to 13.08.2021 for filing affidavit. Next Purpose: COMPLIANCE Next Hearing Date: 13-08-2021 Date: 13-08-2021 Business: Plaintiff with Adv. Mr. Jash Vyas for Plaintiff present and filed Exh. 6 Affidavit in lieu of Examination in Chief. O :- Read and recorded. Exh. 7 He also filed List of Documents alongwith documents. O :- Filed. Defendant permitted to admit or deny the documents. None present for Defendant. Matter adj. to 13/10/2021 for Admission/Denial. Next Purpose: ADMISSION DENIAL Next Hearing Date: 13-10-2021 Date: 13-10-2021 Business: Court is vacant Next Purpose: ADMISSION DENIAL Next Hearing Date: 07-12-2021 Date: 07-12-2021 Business: Court is Vacant. Next Purpose: ADMISSION DENIAL Next Hearing Date: 11-02-2022 Date: 11-02-2022 Business: COURT IS VACANT Next Purpose: ADMISSION DENIAL Next Hearing Date: 07-03-2022 Date: 07-03-2022 Business: AS PO IS ON TRAINING, HENCE MATTER ADJT TO 01-04-2022 Next Purpose: ADMISSION DENIAL Next Hearing Date: 01-04-2022 Date: 01-04-2022 Business: Both parties and their advocate absent. Adjd for Admission/Denial on 25.07.2022. Later on 4.30 p.m. Adv Jash Vyas for plaintiff present. Already adjd on 25.07.2022. Next Purpose: ADMISSION DENIAL Next Hearing Date: 25-07-2022 Date: 25-07-2022 Business: Matter called out at 11.49 am Adv Vivek Kantawala for plff present None for Defendant Heard adv for plff on exhibiting documents. Adv for plff seeks time to file original resolution. Granted. Matter is adjd on 03.09.2022 for Hrg on exhibiting documents Next Purpose: HEARING Next Hearing Date: 03-09-2022 Date: 03-09-2022 Business: Adjourned to 26.11.2022 on account of Holiday declared on 03.09.2022 on occasion of Ganpati Gestival Next Purpose: HEARING Next Hearing Date: 26-11-2022 Date: 26-11-2022 Business: AS PER OFF ORDER NO.229 OF 202 DATED 31/10/2022 , MATTER ADJD TO 10-12-2022 Next Purpose: HEARING Next Hearing Date: 10-12-2022 Date: 10-12-2022 Business: Matter called out at 11.22 am Plff present Adv Jash Vyas for plff present None for defendant Adv for plff tendered additional affidavit of PW 1 Chetan Merchant a/w original minutes of the meeting dated 22.10.2018 t.o.r marked as Exh 3A O- R and R Heard adv for plff. Perused the documents with list Exh 7 and the document produced with Exh 3A. These documents are marked as under 1. Order passed by City Civil Court on 10.02.1960 in Suit No. 3572/1950 as Exh 8 2. Order passed by City Civil Court on 12.03.1966 in Suit NO. 141/1966 as Exh 9 3. Judgment dated 12.02.2019 by ACC as Exh 10 4. Minutes of Meeting dated 22.10.2018 as Exh 11 K.B. L.O. at 1.09 pm Adv for plff tendered evidence close pursis t.o.r marked as Exh 12 Heard argument of adv for plff. He submits that the correction in respect of dates of previous orders is carried out in the plaint but the dates in the draft scheme at Sr No.4 of list Exh 7 are still not corrected and seeks permission to carry out the corrections in the draft scheme. Perused record. Adv for plff is permitted to carry out corrections in respect of dates in the draft scheme. Accordingly, he carried out the corrections in the draft scheme. Matter is adjd on 21.12.2022 for Judgment Next Purpose: JUDGMENT Next Hearing Date: 21-12-2022 Date: 21-12-2022 Business: Matter called out at 11.14 am Plaintiff present Adv Jash Vyas for plff present None for defendant K.B. for Judgment LO at 5.21 pm Judgment dictated and pronounced in open court. Judgment FRSR FOLLOWING ORDER IS PASSED IN SUIT NO. 559 OF 2019 ORDER 1. Suit No. 559 of 2019 is decreed. 2. The draft proposed new scheme of the trust \''Thakkar Ranchhoddas Kanji and Laxmidas Damji Charitable Trust\'' as per Exh.B annexed with the plaint is approved and the same is substituted with the existing scheme of the Trust. 3. No order as to costs. 4. Decree be drawn up accordingly. 5. Suit No. 559 of 2019 is disposed off. R and P be sent to Record Department Nature Of Disposal: DECREED Disposal Date: 21-12-2022
Filing Number: 102227/2019 Filing Date: 21-02-2019 First Hearing Date: 22nd March 2019 Decision Date: 21st December 2022 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Order Details: Copy of Judgment Pdf Text: Judgment in Suit No. 559 of 2019. MHCC010019892019 Presented on : 21022019 Registered on : 01032019 Decided on : 21122022 Duration : 3 Yr, 10 M, 0 D IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO. 559 OF 2019 Exh.13 1.Mr.Chetan Merchant. ] Adult, Indian Inhabitant, ] Residing at Asha Deep ] CoOperative Housing Society, ] Flat No.62, 6th Floor, ] Doongersi Road, Malabar Hill, ] Mumbai…
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