Date: 09-04-2021
Business: Adv. M. B. Jadhav for appellant is present.
None present for respondent.
Since nobody appears for respondent, matter adjourned to 17.06.2021 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: Adv. Mr. Aiman h/f. Adv. Mr. M. B. Jadhav for the appellant present.
Adv. Ms. Dhwani Parekh for the respondent /BPT present.
At the request of Ld. Counsel for the respondent, adjourned to 09.07.2021 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: Adv. M. B. Jadhav for appellant is present.
Adv. Isha Bafna for respondent no.1 is present.
Due to COVID-19, adjourned to 09.08.2021 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Adv. M. B. Jadhav for appellant is present.
Adv. Dhwani Parekh i/b Jayakar and Partner for respondent is present.
Respondent to file R and P by next date.
Adjourned to 02.09.2021 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Adv. M. B. Jadhav for appellant is present.
Adv. Priyank Dage for respondent is present and files R and P. Taken on record. Copy is served on other sides.
Adjourned to 18.10.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: Adjourned to 29.11.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv. M. B. Jadhav for appellant is present.
None present for respondent.
Adjourned to 21.12.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: CORAM : HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. M. B. Jadhav for appellant is present.
Mr. Ganesh Pol, Legal Assistant of respondent/BPT is present.
Adjourned to 18.01.2022 for Hearing.
Principal Judge,
Gr. Mumbai.
Next Purpose: HEARING
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Adv. Mr. M.B.Jadhav for appellant is present.
Mr. Ganesh Pol, Legal Assistant of Respondent is present.
Ld. Adv for the appellant submitted that original R and P is not filed. It is copy. Hence, directions are given to the Officer of Mumbai Port Trust to file original R and P.
Adjd to 7.2.2022 for filing Original R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: None present for appellant.
Mr. Ganesh Pol, Legal Assistant of respondent/BPT is present.
Adjourned on 08.03.2022 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. M. B. Jadhav for appellant is present.
Adv. Sarthak Solarkar for respondent is present.
Mr. Ganesh Pol, Legal Assistant for respondent/MBPT is present.
Respondent seeks time to file R and P and Reply.
Adjourned on 19.03.2022 for R and P and Reply.
Next Purpose: AWAITING R AND P
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: COURT IS ON LEAVE TODAY.
Adv. M. B. Jadhav for appellant is present.
Adv. Sarthak Solaskar respondent/BPT is present.
Mr. Hiralal Gohil, Legal Assistant for BPT is present.
Adjourned on 01.04.2022 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. M. B. Jadhav for appellant is present.
Adv. Usha Singh for respondent is present.
Adjourned on 19.04.2022 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
None present for appellant.
Adv. Usha Singh for respondent is present and files R and P. It is taken on record.
Adjourned on 22.06.2022 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: COURT IS ON LEAVE.
Adv. M. B. Jadhav for appellant present.
Adv. Vishal Dhasade i/b Vyas and Bhalwal for respondent present.
Adv. Ganesh Pol Legal Assistant for respondent present.
Adjd to 14.07.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. M. B. Jadhav for appellant is present.
Adv. Usha Singh for respondent/BPT is present.
Adjourned on 11.08.2022 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. M. B. Jadhav for appellant present.
Adv. Usha Singh i/b Vyas and Bhalwal for respondent/BPT present.
Adjourned on 29.08.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
None present for appellant.
Adv. Usha Singh for respondent present.
KB
L.O. at 01.30pm
Adv. M. B. Jadhav for appellant present.
Adv. Usha Singh for respondent present.
Adjourned on 27.09.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. M. B. Jadhav for appellant is present.
Advocate for respondent/BPT is absent.
Mr. Ganesh Pol, Legal Assistant for BPT present.
Adjourned on 20.10.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. M. B. Jadhav for appellant present.
Adv. Usha Singh for respondent present.
Appellant seeks time to file written notes of arguments. Time granted.
Adjourned on 18.11.2022 for Written Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. M. B. Jadhav for appellant present.
Adv. Usha Singh i/b Vyas and Bhalwal for respondent present.
Advocate for appellant submits that he will tender written arguments of the appellant in advance to the other. The other side to file written arguments on the next date positively.
Adjourned on 08.12.2022 for Written Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. M. B. Jadhav for appellant is present and filed written notes of arguments. TOR and marked as Exh.2
Adv. Usha Singh i/b Vyas and Bhalwal for respondent is present and undertakes to file VP.
Respondent to file written notes of arguments and vakalatnama by next date.
Adjourned on 21.12.2022 for Written Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Sachin Kadam h/f Adv. M. B. Jadhav for appellant is present.
Adv. Usha Singh i/b Vyas and Bhalwal for respondent is present and filed written notes of arguments. TOR and marked as Exh.3.
Coy served to other side.
Adjourned on 05.01.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. M. B. Jadhav for appellant is present.
Adv. Usha Singh i/b M/s. Vyas and Bhalwal for respondent is present.
KB at 12.30pm
L.O.
Adv. M. B. Jadhav for appellant is present.
Adv. Usha Singh i/b M/s. Vyas and Bhalwal for respondent is present and filed vakalatnama. TOR and marked as Exh.4. O - Filed.
Heard final arguments of Adv. Jadhav for appellant.
Also heard final arguments of Adv. Singh for respondents.
Adjourned on 09.01.2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. M. B. Jadhav for appellant is present.
Adv. Usha Singh i/b Vyas and Bhalwal for respondent is present.
Adjourned on 10.01.2023 at 03.00pm for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. M. B. Jadhav for appellant is present.
Adv. Usha Singh I/b M/s. Vyas and Bhalwal for respondent is present.
Judgment is pronounced in open court.
Exh.5 - Judgment.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal No.15 of 2021 is partly allowed.
2. The impugned order passed by the Ld. Estate Officer dated 30.07.2019 in Case No.EO/E(237) of 2018 is hereby set aside.
3. The appellants to pay the respondents arrears of rent only till November, 2004 and same shall be in consonance and as per directions issued in the Judgment of Honble Supreme Court of India in the case of Jamshed Wadia.
4. Amounts already deposited, may be adjusted and fresh demand be raised.
5. If amount is not paid within two months of the demand, the amount shall carry interest rate 9 per cent p.a. from the date of such demand.
6. It is also clarified that arrears shall carry interest as permitted by the Supreme Court of India in the case of Jamshed Wadia.
7. R and P be returned.
Nature Of Disposal: ALLOWED
Disposal Date: 10-01-2023