Syed Muqtar AliVsTata Sons Limited +1 more

Date: 09-04-2019
Business: Plff. and his adv. absent.
Deft. and his adv. absent.
Issue writ of summons to the defts.
Matter is adjd. to. 23.07.2019 for report of service of writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Court is vacant, hence board is discharge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: None for plaintiff.
Last chance is granted for service of writ of summons upon defendants to 18.01.2020.
Later On. At 11.35 am.
Plaint
VP
Address Memo
List of documents
Adv. Nazia Khan for deft no. 1 present.
VP of deft no. 1. TOR.
Now adjd for Service upon deft no. 2 to 18.01.2020.
Next Purpose: SERVICE
Next Hearing Date: 18-01-2020

Date: 18-01-2020
Business: Adv.  P. R. Patil for plaintiff present and tendered vakalatnama t.o.r. Its marked at Exh.6
Adv. Nasia Khan for defendant no. 1 present.
None for defendant no.2.
Adjd to 16-03-2020  for  steps .
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: Adv. Panjwani for plaintiff present.
Adv. Nazia Khan for deft. no.1 present.
Adv. for plaintiff filed affidavit of service.  T.O.R.
On perusal of the record, it appears that on previous date, Adv. Pandurang Patil had filed vakalatnama on behalf of plaintiff.  Today, on behalf of plaintiff, Adv. Panjwani is appearing. Plaintiff to inform the court on or before next date about his advocate on record.  The counsel for plaintiff tendered draft N/M.  Leave is granted to register it.
Ld. counsel for deft. no.1 submits that writ of summons has not been served to deft.  The counsel for deft. no.1 appeared in the matter on 08.11.2019.  Since the advocate for deft. no.1 appeared in the matter, separate writ of summons is not required to be served to deft. no.1.
The deft. no.1 failed to file written statement within stipulated time, hence, suit to proceed without written statement of deft. no1.  Plaintiff to serve writ of summons to deft. no.2.  Writ of summons is extended.
Plaintiff to serve copy of draft N/M to defendants.
The matter is adjd for reply to N/M to 12.06.2020 at 02.45 pm.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Business: Adv. Asad Ullah Shaikh for defendant no.2 present.
He tenders precipe for taking out notice of motion.
ORDER
Granted                                                                         .
Vak. Tendered for defendant no.2 on behalf of AAK Legal.
ORDER
Seen and filed.
Defendant no.2 tenders draft notice of motion alongwith supporting affidavit.  Leave is granted to register the same.
Adjd to 09/10/2020 for notice of motion.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Business: Adv. for deft. no.1 filed precipe.  O. - Allowed.
None for plaintiff.
Adv. Nazia Khan for deft. no.1 present.
Adv. Chirag Balsara along with Adv. Asadullah Shaikh i/b. Aak Legal for deft. no.2 present.
Registered N/M No.1394/20 tendered by Adv. for deft. no.2. T.O.R.
Adv. for deft. no.1 tenders two N/M\''s along with respective supporting affidavits.  Leave is granted to register it.
Ld. counsel for deft. no.1 submitted that she has given notice to the plaintiff that deft. no.1 is moving precipe before this court.
The matter is already adjd to 09.10.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Business: None for the plaintiff
Adv. for Ms.Nazia for defendant no.1 present.
Ld. advocate Asadullah Shaikh for defendant no.2 present
Registered notice of motion 1407 and 1408 of 2020 are tendered by Ld. Counsel for defendant no.1
Application for grant of adjournment of the plaintiff was received by e-mail.
ORDER
Considering the reason, application is allowed.
The matter is adjd for reply to notice of motion to 9.11.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Business: Ld. advocate Panjwani for the plaintiff present.  He tenders notice of motion no.1480 of 2020 alongwith affidavit of service of notice of motion. The matter is adjd to 17/12/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Adv. Panjwani for plaintiff present.
Adv. Sara for deft. no.1 present.
Adv. Chirag Balsara along with Adv. Asadulla Shaikh and Adv. Vedang Mehta i/b. AAK Legal for deft. no.2 present.
Last chance is granted to plaintiff to file reply to N/M No.1394/20, 1407/20 and 1408/20.
Ld. counsel for deft. nos.1 and 2 submitted that plaintiff has not served his N/M to them.  Plaintiff to take steps in that regard.
The matter is adjd for reply and hearing of N/M No.1394/20, 1407/20 and 1408/20 and compliance by plaintiff to 11.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Adv. Mohsin Panjwani for plaintiff present.
Adv. Nazia Khan for deft. no.1 present.
Adv. Cherag Bansara along with Adv. Asadullah Shaikh and Adv. Mehta i/b. AAK Legal for deft. no.2 present.
Application filed by Adv. for plaintiff for adjournment.
O. - Call say of defendants.
Adv. for defendants filed say.
ORDER BELOW EXH.10
Read application and say.  Heard.  The application is for adjournment as he seeks time to file reply to N/M filed by deft. nos.1 and 2.  The reason given in the application is that wife of senior advocate expired on 04.03.2021 and he is out of town and unable to attend the Court proceedings.  The application is objected on the count that Adv. on record is Mohsin Panjwani and he is available.
On last date, last chance was granted to plaintiff to file reply to N/M No.1394/20, N/M no.1407/20 and N/M No.1408/20.  The tenor of the application shows that the wife of senior advocate expired but the name of the senior advocate whose wife expired is not mentioned.  The advocate on record is available on whose request, last chance was granted to the plaintiff to file reply on above N/M\''s.  The reasons assigned by the plaintiff are not just and probable hence application needs no consideration.  Application (Exh.10) stands rejected.   N/M No.1394/20, N/M no.1407/20 and N/M No.1408/20 to proceed without reply of plaintiff.
The matter is adjd for hearing on N/M No.1394/20, N/M no.1407/20 and N/M No.1408/20 to 29.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Due to COVID-19, the matter is adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: P.O.is on leave.  Matter adjourned on 07.10.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: None present for plaintiff.
Adv. Naziya Khan for defendant no.1 present.
Adv. Cherag Balsara a/w Adv. Shaikh and Adv. Mehta for defendant no.2 is present.
               Order below NM No. 1407/2020
Perused the notice of motion which is supported by an affidavit Mr. Chetan Nage who is defendant no.1. As per order dtd. 11.03.2021 this notice of motion is proceeded without reply of the plaintiff. It is submitted that on 16.03.2020 the Adv.for defendant has appeared. In paras no. 4 to 8 of the affidavit in support satisfactorily reasons are mentioned for condoning the delay in filing the written statement. Even otherwise the defendant no.1 has already filed written statement along with notice of motion. For giving fair opportunity to defendant no.1 to contest the suit on merits and as written statement is already on record, in the interest of Justice I pass the following order-
                                         ORDER
Notice of Motion No. 1407/2020 is allowed and made absolute interms of prayer clause (a) to (c) and the written statement which is filed on record by defendant no.1 be now marked as Exh.11. Notice of motion disposed of accordingly.
Heard Ld. Adv. Cherag Balsara in NM No. 1394/2020.
He has also placed reliance two case laws.
Last chance is granted to plaintiff for arguing NM No. 1394/2020.
                Order below NM No. 1480/2020
Perused the notice of motion which is supported by an affidavit. In the notice of motion the same reliefs are claimed which are claimed in the main suit. Since long this notice of motion is pending. Today none appeared for the plaintiff. Considering the prayer clause of this notice of motion, which is similar to prayer clause of the plaint, and does not appears to be the relief in the form of temporary or other injunction, can not be considered in the way in which it is filed. Therefore Notice of Motion No. 1480/2020 also stands dismissed for want of prosecution.
Matter adjd for NM hearing on 29.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Adv. Naziya Khan for defendant no.1 is present.
Adv. Vedant Mehta for defendant no.2 is present.
CA of plaintiff Sahebrao Kadam is present.
On oral request of CA of plaintiff last chance granted for making submission on NM No. 1394/2020.
Matter adjd for NM hearing on 17.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: In view of Office Order No. 275/21,  P.O. is attending 40hrs Mediation Training Programme, as a participant at Aurangabad,
Matter is Adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per Office Order No. ''27 of 2022'', to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar and pay respect to the departed soul, this office has declared holiday today, therefore matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: By Precipe.
NOB.TOB.
Adv. Chirag Balsara for deft no. 2 present.
On oral request of adv for deft no. 2 and as it is submitted that it was part heard matter and intimation is given to the pltff, the date is preponed to 01/03/2022.  Defendant is directed to intimate about this order to the pltff.
Matter is already adjd to 01/03/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: Adv. Hitanshu Jain I/b Adv. Prasad for pltff present and undertakes to file VP and argue the matter finally on next day.
Adv. Naziya Khan for deft no. 1 present.
Adv. Chirag Balsara for deft no. 2 present.
Adjournment is granted by way of last chance.  The next date of hearing i.e. 10/03/2022 in the afternoon session is fixed on the request of adv for pltff and as per his convenience.
 Matter is adjd to 10/03/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Adv. Prasad Sarvankar for pltff present and filed VP.  TOR. Marked as Exh. 12.
Adv. Naziya Khan for deft no. 1 present.
Adv. Chirag for deft no. 2 present.
On oral request of adv for pltff, Matter is adjd to 17/03/2022 for NM hearing by way of last chance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: None for pltff.
Adv. Naziya Khan for deft no. 1 present.
Adv. Chirag Balsara for deft no. 2 present.
Todays date is for NM hearing on behalf of pltff was fixed as requested and as per the convenience of adv for the pltff.  On perusal of previous roznamas several last chances were granted, in spite of that today none appeared on behalf of the pltff.  On 01/03/2022 statement was made on behalf of ld adv for the pltff that he will finally argue the matter on next date.  On 10/03/2022 again adjd is sought and last chance was granted therefore this shows that pltff is deliberately avoiding for the hearing of the NM.  The ld adv for the deft has long back argued the NM.  Considering the prayers in the NM.  It is now fixed for passing of orders in NM No. 1394/20 and NM No. 1408/20.
Matter is adjd to 06/04/2022 for Orders in NM.
Next Purpose: ORDER
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: P. O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: None for plaintiff.
Adv. Mr. Chirag Balsara for defendant No.2 present.
F.R.S.R. following order is passed:
Common Order in NM No. 1394 of 2020 and 1408/2020
1. Notice of Motion No. 1394 of 2020 and Notice of Motion No. 1408 of 2020 are allowed and made absolute in terms of prayer clauses.
2. The plaint being title Suit No. 773 of 2019 is hereby rejected as per the provisions of Order 7 Rule 11(d) of the CPC.
3. No order as to Costs.
Order below Exh.1
In view of order in NM No. 1394 of 20 and NM No. 1408 of 2020 the plaint is rejected. Suit be removed from the board.
Nature Of Disposal: OTHER
Disposal Date: 22-04-2022

NOTICE OF MOTION/101394/2020
NOTICE OF MOTION/101480/2020

Registration Number: 100773/2019
Transfer Date: 14-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Filing Number: 102805/2019
Filing Date: 06-03-2019
First Hearing Date: 09th April 2019
Decision Date: 22nd April 2022
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE