Bina Alias Rita Suresh GidwaniVsNagananda and Ors.

Date: 12-03-2019
Business: Ms. D.H. Nanavati, advocate for plaintiff present. On request of Ms. Nanavati, present exe.application is adjourned to 28/03/2019, when the connected suit i.e. Suit No. 8754/1992, is on board of this court.
Next Purpose: FOR___________________
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Business: Miss. D.H. Nanavati, advocate for the plaintiff present. Shri. Atharva Sawant, advocate for the defendant present. On request of Ms. Nanavati, in view of proceedings in Suit No.8754/1992, adjd to 03/05/2019.
Next Purpose: FOR___________________
Next Hearing Date: 03-05-2019

Date: 03-05-2019
Business: Ms. Simran Sakharani, representative of defendant present. Other parties and advocates absent. In view of proceeding in Suit No.8754/1992, adjd to 03/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 03-06-2019

Date: 03-06-2019
Business: Ms. Simran Sakharani, representative of defendant no. 2 present. Other parties and advocates absent. In view of proceeding in Suit No. 8754/1992, adjd to 11/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Ms. Nanavati, advocate for the Plaintiff present. Shri. Atharva Sawant, advocate for the defendant present. In view of proceeding in Suit No.8754/1992, adjd to 26/6/2019.
Next Purpose: FOR___________________
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: Smt. Neena Thadani, Defendant No.2 present.  Shri Atharva Sawant, Advocate for Defendant, present.  Shri Sawant states that part of decreetal amount has been paid to Plaintiff.  Smt. Thadani states that there is some dispute in respect of payment towards electricity bill and she further states on next date she will appear before this Court with calculation in respect of the same.  Shri Sawant states that he is taking appropriate steps with the society for transfer of shares.  Hence, by consent, adjd to 16/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 16-07-2019

Date: 16-07-2019
Business: Ms. Neena Thadani, defendant no.2 present. On request of Ms. Thadani, for taking steps, adjd to 29/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: Ms. Neena Thadani, defendant no.2 present. Ms. Thadani, states that steps have been taken and on her request, awaiting compliance, adjd to 20/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: Shri. Atharva Sawant, advocate for the defendant no.2 present. Defendant present. Shri. Sawant prays for adjournment awaiting compliance from the Society in respect of transfer of shares. Hence, on request of Shri. Sawant, adjd to 17/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: Shri. Atharva Sawant, advocate for the defendant no.2 present. Ms. Sakharani, representative of defendant present. On request of Shri. Sawant, for taking further steps, adjd to 16/10/2019.
Next Purpose: FOR___________________
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: Ms. Simran Sakharani, representative of the defendant present. Ms. Sakharani states that the procedure in respect of transfer of shares is not yet complied with by the concerned. Hence, Ms. Sakharani is requested to keep her advocate present before this Court on next date and on request of Ms. Sakharani, adjd to 07/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Business: Ms. Simran Sakharani, representative of defendant no.02 present.
On request of Ms. Sakharani, adjd to 10/12/2019.
Next Purpose: FOR___________________
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: Ms. D.H. Nanavati, advocate for the plaintiff present.
Ms. Rohini, advocate for the defendant no.02 present.
Ms. Neena Thadani, defendant no.02 present.
Ms. Nanavati upon instructions states that the matter be kept on 13/01/2020, when her clients will be appearing before this Court.
Hence, adjd to 13/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: Ms. D.H. Nanavati, advocate for the plaintiff presentMs. Neena Thadani, Defendant no.02 present.
As Court is on leave, board discharged and adjd to 22/01/2020.
Later on, at the request of Ms. Nanavati, posted to 18/01/2020.
Ms. Nanavati undertakes to inform the advocate for other parties about the change in next date.
Next Purpose: FOR___________________
Next Hearing Date: 18-01-2020

Date: 18-01-2020
Business: Ms. D.H. Nanavati, advocate for the plaintiff present.
As Court is on leave, board discharged and adjd to 22/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: Shri. I. J. Nankani i/b D.H. Nanavati, advocate for the plaintiff present.
Shri. Atharva Sawant, advocate for the defendant no.02 present.
Wife of Plaintiff present. Ms. Neena Thadani, defendant no.02 present.
Shri. Sawant has tendered application to take on record Society transfer form no. 22 and 25 for transfer of names on the Share Certificates no.54, wherein he has undertaken to submit the original Share Certicate no.54 with this office within two days, taken on record. The said application has been signed by the wife of plaintiff, advocate for the plaintiff, defendant no.02 and by the advocate for the defendants.
By consent of parties and advocates for issue of appropriate Chamber Order, adjd to 24/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Parties and Advocate absent,  adjd to 27/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: Ms. Tania DSouza, advocate for the plaintiff present. Plaintiff present.
Ms. Neeta Thadani, defendant no.02 present.
Ms. Thadani has tendered two Original Share Certificates bearing no.43 and 54 of Miami Co-Operative Housing Society Ltd., Bombay.
Ms. DSouza submits that as the parties have not yet resolved the issue in respect of electricity bills and parking charges and as her senior is also busy elsewhere and advocate for the defendant is also not present before the Court, it will be appropriate to adjd the matter by keeping the Share Certificates produced today by the defendant in the Safe Custody of Registrar.
In view of this, the aforesaid Original Share Certificates and the original form no.22 and 25 dt.20/01/2020 be kept in Safe Custody till further order and by consent, adjd to 29/01/2020.
Next Purpose: FOR___________________
Next Hearing Date: 29-01-2020

Date: 29-01-2020
Business: Shri. I. J. Nankani i/b D.H. Nanavati, advocate for the plaintiff present.
Shri. Atharva Sawant, advocate for the defendant no.02 present.
Ms. Neena Thadani, defendant no.02 present.
Ms. Beena Gidwani plaintiff present.
Advocate for plaintiff and advocate for defendant has tendered chamber order and upon hearing both the advocates chamber order sign separately.
In view of the chamber order, the original share certificate bearing No.43 and 54 and the original share transfer form being form No.22 and form No.25, which were kept in safe custody on 27/01/2020 at serial No.02/2020, are taken out for the compliance of chamber order.
Original chamber order annexing therewith original form No.22, form No.25, two original share certificates bearing Nos.43 and 54 of Miami Co.Op Housing Society Limited, Bombay and two cheques, first dated 24/01/2020 for Rs.62955/- drawn on ICICI Bank in favour of Miami Co.Op. Housing Society Limited issued by Beena S. Gidwani and another is dated 29/01/2020 for Rs.45771/- drawn on Axis Bank in favour of Miami Co.Op. Housing Society Limited issued by Neena I. Thadani, are handed over to the plaintiff Beena Gidwani for delivery to the Society and the acknowledgment of Ms.Gidwani has been obtained on copy of chamber order in receipt of the same.
Copies of chamber order have been furnished to plaintiff and defendant No.2.
Both the advocates state that there is some issue regarding parking space and the same is required to be resolved by the members of the society with the Society and both the advocates further submit that the same is beyond the scope of this court, as the said issue is beyond the decree.
Ms. Thadani defendant No.2 sates that she has paid the amount of Rs.592500/- to the plaintiff in compliance of clause No.4 of the decree advocate for plaintiff states that he has to check the same and if any amount is still remain due and payable, he may be granted liberty to take out appropriate application.
In view of the above exe. Application stands disposed off with liberty as prayed for. Suit be removed from Board.
Nature Of Disposal: OTHERWISE
Disposal Date: 29-01-2020

Main Case No: SUIT/0108754/1992
Main Cnr: MHCC010092882012
Main Filing No: 111447

Filing Number: 101544/2019
Filing Date: 01-03-2019
First Hearing Date: 12th March 2019
Decision Date: 29th January 2020
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI