Sayed Ejaz IbrahimVsMohd. Shafiq Tauki Khan alias Mammu +1 more

Date: 15-03-2019
Business: Matter adj. for NM Reply to 21.06.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-06-2019

Date: 21-06-2019
Business: By consent of Ld. counsel for both sides, Matter stands Adj for reply to 20.08.18.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: Adv. Thakur for plaintiff present.
Adv. Rahul Soman for defendant no. 3 and 4 present and filed VP and sought time to file reply.
Vakalatnama on behalf of Defendant no. 3 and 4
Adv. T. Y. Shankar for defendant no. 5 present.
Ld. counsel for plaintiff submitted that he has to file rejoinder to reply filed by defendant no. 5.
Time granted to both sides.
Matter stands Adj for reply to NM of defendant no. 3 and 4 and rejoinder of plaintiff to 07.10.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: Plaintiff present.
Adv. Rahul Soman for defendant no. 3 to 4 present and seeks time to file reply to NM. Time granted.
Adv. B. Pooja I/b Adv. P.Y. Shankar for defendant no. 5 present.
Matter stands Adj for filing reply to NM on behalf defendant no. 3 to 4 and rejoinder by plaintiff to 28.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: Representative of plaintiff present.
Adv. Atharva Dandekar for defendant no. 3 and 4 present and seeks time to file reply to NM no. 03/17. Time granted.
Adv. P. Y. Shankar for defendant no. 5 present.
Matter stands Adj for reply to NM on 27.01.20.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: Adv. P. S. Patil for plaintiff present.
Adv. B. Puja for defendant no. 5 present.
Court is busy in dictating Order in suit no. 08/19. Hence, Board is discharged.
Matter stands Adj for reply to 13.03.2020.
Next Purpose: REPLY
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Adv. Sanika for plaintiff present.
Adv. Rahul Soman for defendant no. 3 and 4 present and submitted that he has not received the copy of NM no. 887/19.
Adv. B. Pooja for defendant no. 5 present.
Heard both side. Ld. counsel for plaintiff submitted that she will serve the copy of NM no. 887/19 to defendant no. 3 and 4 before next date.
Matter stands Adj for reply to NM on 24.04.2020.
Next Purpose: REPLY
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 15-05-2020

Date: 15-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for Reply to 18.02.2021.
Later on at 3.45 pm
Plaintiff Mr. Sayyad Ezaj present.
Adv. P. S. Patil for plaintiff present.
Heard Ld. counsel for plaintiff. He submitted that matter between plaintiff and defendant no. 1 and 2 has been settled, as per consent terms and time for compliance is to expire on 31.12.2020. Plaintiff has paid an amount of Rs. 20,00,000/- and wants extension of time for making payment of Rs. 70,00,000/- therefore, plaintiff has to take steps in the matter. Therefore, he prayed that matter be kept on tomorrow for taking steps by plaintiff, as there will be winter vacation from 23.12.2020.
In view of the above, matter now stands adjn to 22.12.2020 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Plaintiff Mr. Sayed Ejaz Ibrahim present.
Adv. Kharawala for plaintiff present and filed draft NM supported by affidavit of plaintiff and documents annexed with the draft NM.
Defendant no. 1 Mr. Mohd. Shafiq Taukir Khan @ Mammu present.
Defendant no. 2 Mrs. Sajrunnisa Shafique Khan present.
Heard Ld. counsel for plaintiff and the defendant no. 1 and 2 in person on the draft NM.
The ld. counsel for plaintiff submitted that as per consent terms dated 03.04.2019 vide Ex-6, plaintiff and defendant no. 1 and 2 have settled the dispute amicably and as per term no. 2 to 7 of the terms of compromise among other things, the plaintiff had agreed to pay Rs. 9000000/- to the defendant no. 1 and 2 on or before 31.12.2020. The plaintiff has paid an amount of Rs. 20,00,000/- to defendant no. 1 and 2 vide two demand drafts in the month of December 2020. Now due to personal difficulties of the plaintiff, he is seeking extension of time to make the payment of balance amount of Rs. 70,00,000/- till 30.06.2021 and comply with the terms and condition of the consent terms.
It is further submitted by the Ld. counsel for plaintiff that the defendants have agreed for grant of extension to the plaintiff, as mentioned in the affidavit supporting the draft NM. Having received the notice of draft NM, today the defendant no. 1 and 2 have appeared before the court and have filed joint affidavit along with Ex-B and supported the draft NM taken out by the plaintiff. Hence, he prayed that the draft NM may kindly be allowed and disposed of.
I have gone through the draft NM and documents filed on record along with the same, including joint affidavit of defendant no. 1 and 2. The defendant no. 1 and 2 have appeared in person and their identity is verified from their identity proof i.e. Aadhar card. Both the plaintiff and the defendants admit the contents of joint affidavit of defendant no. 1 and 2. Hence, I proceed to pass following order-
Order on draft NM
1.  The draft NM taken out by the plaintiff is hereby allowed by consent of defendant no. 1 and 2 and made absolute.
2. Accordingly, plaintiff is granted extension for making compliance of the consent term dated 03.04.2019 vide Ex-6 till 30.06.2021.
3. The draft NM is disposed of accordingly.
4. Draft NM be registered for statistical purpose.
Matter already Adj for reply to NM on 09.02.2021.
Next Purpose: REPLY
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Advocate Mohit Jaiswal for plaintiff present and tendered disposed of NM No.45/21. TOR.
None for defendant.
The case is adjourned to 30.04.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: PO is on leave in second session.
Hence, Court is discharge.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: PO is on leave in second session. Hence, board discharge
Next Purpose: COMPLIANCE
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: None present.
Matter stands adjourned to 01.02.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: Court is on Leave, Hence Board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: None present.
Matter stands adjourned to 12.04.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: None present.
Matter stands adjourned to 16.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: None present.
Matter stands adjourned to 02.08.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: None present.
Issue notice of appearance to the plaintiff through bailiff/RPAD.
Matter stands adjourned to 07.10.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: RPAD Report. TOR. Exh.09.
Plaintiff a/w Adv. Ankita Mohite present. He appeared on issuance of notice by this court. He is directed to pay Rs.200/- as notice charges to PLA section.
None present for defendant.
Matter stands adjourned to 17.12.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: Adv. Kezer Kharawala for plaintiff present. He tendered reg. NM No.4582/2022 a/w affidavit of service. TOR.
Adv. Bhoomika Shah for Deft. no.1 and 2 present. She tendered VP. TOR. Exh.10. She is seeking time to file reply. Time granted.
Matter stands adjourned to 10.02.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: Adv. Pradosh Patil I/b Lex Juris for plaintiff present.
Adv. Altamash Kapadia for defendant Nos.1 and 2 present.
Heard the advocate of plaintiff he is directed to argue as to how the motion is tenable
Matter stands adjourned on 08.03.2023 for reply/hearing.
Next Purpose: REPLY
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: Adv. Kezer Kharawala for plaintiff present.
Adv. Altamash Kapadia for defendant No.1 and 2 present.
Heard the advocate of plaintiff.
Matter stands adjourned on 05.04.2023 for argument of defendant.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: None present.
K.B.
Later on at 3.06 p.m.
Adv. Ankita Mohite for plaintiff present.
None present for defendant.
K.B.
Later on at 3.47 p.m.
Adv. Ankita Mohite for plaintiff present.
Adv. Altamash Kapadia h/f Adv. B. K. Shah for defendant Nos.1 and 2 present.
Matter stands adjourned on 05.06.2023 for arguments P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: Adv. Kezer Kharawala for plaintiff present.
Adv. Altamash Kapadia for defendant No.1 and 2 present.
Matter in preponed.
Matter stands adjourned on 06.05.2023 for argument P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 06-05-2023

Date: 06-05-2023
Business: Court is on leave.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 05-06-2023

Date: 05-06-2023
Business: Adv Kezer Kharawala for plaintiff present.
Adv Mehta for deft no. 1 and 2 present.
None for defts no. 3 to 5.
Ld Counsel for plff submitted that the suit is disposed of against deft nos. 1 and 2 in view of consent terms Exh.6. Therefore, NM 887 of 2019 does not survive hence, it is disposed of.
Exh. 11 - Affidavit in reply of Deft nos. 1 and 2. TOR. Copy supplied to other side.
Matter stands adjourned on 23-06-2023 for NM hearing.
Nature Of Disposal: OTHER
Disposal Date: 05-06-2023

Main Case No: SUIT/0100237/2017
Main Cnr: MHCC010136072016
Main Filing No: 111447

Filing Number: 102459/2019
Filing Date: 02-03-2019
First Hearing Date: 15th March 2019
Decision Date: 05th June 2023
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE