Date: 15-06-2019
Business: Matter stands Adj for filling rejoinder of reply and hearing on NM 965/19 and NM 966/19 to 28.06.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: The court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-07-2019
Date: 30-07-2019
Business: Plaintiff no. 2 present.
Adv. Madkaikar for plaintiff present.
Adv. Sarambalkar for defendant present.
Heard both sides.
Reply is not filed to NM no. 965/19 and 966/19 by the defendant. Hence, the NM shall proceed without reply. NM 4076/18 is filed by the defendant is also pending. After hearing Ld. counsel for the parties it appears that before the above NM can be taken up for hearing, the disputes between the parties can be sorted out amicably. Hence, time granted for both sides.
Defendant shall remain personally present on next date.
Ld. counsel for defendant to communicate to the defendant regarding her attendance.
Matter stands Adj for hearing on NM 965/19, 966/19 and 4076/18 to 20.08.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Plaintiff no. 1 and 2 present.
Adv. Madkaikar for plaintiff present.
Defendant present in person as per directions of this court dated 30.07.19.
Adv. Sarambalkar for defendant present.
Heard both sides.
The defendant is ready to handover the key to the plaintiffs for giving access to the suit premises as per prayer clause (a), as reflected in the order dated 13.08.18. Ld. counsel for defendant has made statement to the effect that today itself the defendant to handover key to the plaintiff and they will get the duplicate key prepared and return the original key to the defendant.
In view of the above, it appears the the dispute between parties can be sorted out by the parties themselves with the assistance of their ld. advocates and amicable settlement can take place in due course. Hence, on oral request of both the sides. Two weeks time granted to arrived at amicable settlement.
Shirestedar to provide authenticated copy of today\''s roznama to the counsel for the plaintiff for information and compliance.
Matter stands Adj for settlement to 16.09.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Plaintiff no. 1 and 2 and defendants present.
Adv. Madkaikar for plaintiff present.
Adv. Sarambalkar for defendant present.
Heard both sides. Some understanding and mutual arrangement has been made by the parties as per statement made before the court on the last date. Proposal for final settlement is under consideration of the parties. Hence, Ld. counsel for both the sides sought some more time for settlement. Time granted.
Matter stands Adj for settlement to 01.10.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: Plaintiff no. 1 and 2 are present.
Adv. Madkaikar for plaintiff present.
Adv. Sarambalkar with Adv. Harshada for defendants present.
Heard both sides. It is informed that there has been understanding between the parties regarding amicable settlement but Ld. counsel for defendant prayed for short adjournment as the defendant is not present today.
By consent of parties, Matter stands Adj for submitting proposed settlement between the parties to 11.10.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Business: P. O. have went to attend Judicial conference to Nashik. Hence, Board is discharged.
Matter stands Adj for Settlement to 15.11.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Business: Adv. Madkaikar for plaintiff present.
Adv. Sarambalkar for defendant present.
Heard both sides. Adv. Sarambalkar handedover the draft of Consent Terms to the Ld. counsel for plaintiff. It is submitted that settlement talks have been completed and parties want time to finalise the draft of Consent Terms. Time granted.
Adv. Sarambalkar is directed to instruct the defendant to remain present on the next date.
Matter stands Adj for settlement to 30.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-11-2019
Date: 30-11-2019
Business: plaintiff no.1 present.
Adv. Madkaikar for plaintiff present.
Defendant present.
Adv. Sarambalkar for defendant present.
Heard both sides on NM no. 966/19, 965/19 and 4076/18.
Matter stands Adj for order on NM no. 966/19, 965/19 and 4076/18 to 07.12.2019.
Next Purpose: ORDER
Next Hearing Date: 07-12-2019
Date: 07-12-2019
Business: Adv. Joshi for plaintiff present.
Adv. Pednekar for defendant present.
Court is busy in dictating order in st. no.13455/19 and st. no.13456/19 and hearing arguments in suit. no. 2956/19.
Matter stands Adj for order on NM no. 966/19, 965/19 and 4076/18 to 20.12.2019.
Next Purpose: ORDER
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: Plaintiff no. 1 present.
Adv. Ruturaj Joshi for plaintiff present.
Adv. Sarmalkar for defendant present.
Court is busy in dictating order in ad-interim order of suit no. 1926/19
Matter stands Adj for Order on NM no. 966/19, 965/19 and 4076/18 to 10.01.2020.
Next Purpose: ORDER
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Plaintiffs present.
Adv. Paresh Madkaikar for plaintiff present.
Adv. Sarambalkar for defendant present.
FRSR following order is passed on NM no. 965/19.
ORDER
Notice of Motion No. 965/2019 is hereby partly allowed in following terms -
1.Prayer clause (a) of the Notice of Motion does not survive as the relief has become infructuous in view of the fact that the defendant has handed over a duplicate key of the lock of the door at the entrance of the suit premises to the plaintiffs, as per order of this court dated 13.08.2018 and 20.08.2019 the said arrangement has been continued till today. The said arrangement shall further continue until present order is given effect.
2.Prayer clauses (b) and (c) are allowed. The Court Receiver, High Court, Bombay is hereby appointed with all the powers under the provisions of Order 40 Rule 1 of CPC with direction to take possession of the suit premises i.e. Flat No.A-1, Ground Floor, Konkan CHS Ltd., Konkan Nagar, Plot No.123, Lt. Dilip Gupte Road, Mahim, Mumbai 400 016.
3.The Court Receiver is directed to take possession of the suit premises from the defendant notionally during pendency of the suit and he is further directed to appoint the defendant as his Agent on payment of security deposit of Rs 2,00,000/- and royalty of Rs. 50,000/- p.m. from the date of the order till decision in the suit.
4.The security deposit and royalty amount shall be kept in the deposit in the court/the office of Court Receiver, which shall be invested in Fixed Deposit in any Nationalized Bank till final decision of the suit.
5.Alternatively, if the defendant is unable to comply with the above directions within a period of four weeks then, the Court Receiver, High Court, Bombay shall take possession of the suit premises i.e. Flat No.A-1, Ground Floor, Konkan CHS Ltd., Konkan Nagar, Plot No.123, Lt. Dilip Gupte Road, Mahim, Mumbai 400 016 and call for a public auction/ bid for giving suit premises on leave and license basis to the interested persons, during pendency of the suit, and the license fees/ amount of compensation shall be kept in the deposit in the court and same can be kept in a Fixed Deposit (FD) during pendency of the suit.
6.It is made clear that both the parties shall allowed to participate in the public auction/bid conducted by the Court Receiver for giving the suit premises on leave and license basis.
7.The Court Receiver High Court, Bombay may be communicated this order for information and necessary compliance on his part.
N/M stands disposed of accordingly.
Sheristedar is directed to provide the authenticated copy of today\\\''s roznama to the Ld. counsel for both the side and the Court Receiver.
Ld. counsel for defendant prayed for staying the effect of the order passed by the court today for a period of four weeks, to enable the defendant to challenge the order before the higher forum. The Ld. counsel for plaintiffs has opposed the above request.
I have heard both sides on oral request made by the Ld. counsel for defendant. Since the defendant has been given four weeks time to exercise the option in respect operative order no. 3 and 5, the request for stay cannot be granted. Hence, oral request stands rejected.
Matter stands Adj for Order on NM no. 966/19 and 4076/18 and compliance to 21.02.2020.
Nature Of Disposal: ALLOWED
Disposal Date: 10-01-2020