Date: 25-02-2020
Business: Adv. Nishant Rathod for Plaintiff is present. He tendered Original registered N/M No.808/2020 along with affidavit in support. t.o.r.
Plaint.
Vakalatnama/P in plaint.
Memo of address in plaint.
Adv. Saraf for defendant no.3, 3(a) to 3(o) is present. She filed Vakalatnama on behalf of defendant no. 3, 3(a) to 3(o). She tendered reply to N/M no. 808/2020. Copy is served to adv. of plaintiff.
Adv. Satamkar h/f V. S Prabhu for defendant no. 1 and 2 is present. He seeks time for N/M reply. O granted.
Matter is adjd. for N/M reply by defendant no. 1 and 2 to 26/03/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: national lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: None for plaintiff.
Adv. Mr. Bhandang for the defendant No.3(a) to 3 (o) .
Defendants no.1 and 2 have filed to file reply to NM. Hence, NM to proceed without reply to defendants No.1 and 2.
Matter is adjd. to 04/05/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: Adv. Mr. Nitesh Aacharya for the plaintiff.
Adv. Mr. Bhadang for the defendant No.3(a) to 3(o).
Advocate for the plaintiff filed an application for production of documents. O- Other side to say.
ORDER
Heard ld. advocate for the plaintiff and defendant No.3(a) to 3(o). The plaintiff has lodged the present suit on 17/01/2020. The notice of motion is pending for hearing since long. However, it was not pressed earlier. As per SOP, only matters for urgent reliefs are being taken up. Admittedly, in the case in hand, no agreement for payment of transit rent is entered into between the parties. The plaintiff has not sought final relief for recovery of transit rent. In the absence of an agreement and final relief for recovery of transit rent, whether temporary transit rent can be granted to the plaintiff is the question to be determined on merits. No urgency is made out for grant of ad-interim relief. Hence, keep the notice of motion for hearing on the next date.
CC is expedited.
Matter is adjd. to 14/06/2021 for NM hearing and say on Exh.5.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: Adv. Mr. Altab Khan i/b Adv. Mr. Nitesh Acharya for the plaintiff present.
Adv. Mr. Bhadang for the defendants No.3 (a) to 3 (o) present.
Adv. Mrs. Chandramore for the defendant No.4 present.
Defendant No.4 has failed to file reply to NM No.809/2020. Hence, NM to proceed without reply of defendant No.1.
On perusal of record it appears that NM No.809/2020 is not served to defendants No.1 and 2. Therefore, plaintiff to serve notice to them.
The advocate of defendant No.3 (a) to 3 (o) failed to file reply. Hence, the application of production of additional documents is allowed subject to copy of all documents to the other side.
Additional affidavit in reply filed by advocate of defendant No.3 (a) to 3 (o) . O- Filed.
Matter is adjd. to 05/07/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: Adv.Nitesh Acharaya for plaintiff.
Adv. Bhadang for defendant no.3a to 3o
Adv.Chandramore for defendant no.4.
Heard argument Notice of Motion No.808/20.
Matter is adjd. to 09.07.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: Ld. Adv Nitesh Acharaya for plaintiff.
Ld. Adv Bhadang for defendant nos.3(a) to 3(o).
Ld. Adv Chandramore for defendant no.4.
ORDER
1. Notice of Motion No.808 of 2020 is partly absolute in terms of prayer clause (a).
2. The defendant no.3, 3(a) to 3(o) are directed to pay transit rent @ Rs.250/- per sq. ft. per month from the date of vacation of premises.
3. Notice of Motion No.808 of 2020 stands disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 09-07-2021
