Date: 16-03-2019
Business: Adv. for appellant present.
Issue notice to the plff. and D/2 to 5.
Matter is adjd. to. 07.06.2019 for report of service of M.A. on plff. and D/2 to 5.
Next Purpose: SERVICE
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Business: Adv for applicant present and has filed affidavit of service. TOR.
Adv. Dipti Kuber for deft no. 2 present and undertakes to filed VP.
Rest of the deft are absent.
Matter is adjd. to.18/07/2019 for Reply.
Next Purpose: REPLY
Next Hearing Date: 18-07-2019
Date: 18-07-2019
Business: Adv. for applicant present.
Adv. for plff absent.
Adv. for deft absent.
Rest of the deft are absent.
Adv. Dipti Kuber had also appeared on last date on 07.06.2019 and made submission undertake to filed Vakalatnama of deft no. 2. But she is present today but not filed the Vakalatnama. The applicant filed the tracking report. It also appeared that the plff has already produced the xerox copy of acknowledgment. The applicant is produced on next date original acknowledgement. An also efforts to get served the notice upon the rest of the defendant.
Matter is adjd. to. 30/08/2019 for Reply and Report.
Next Purpose: REPLY
Next Hearing Date: 30-08-2019
Date: 30-08-2019
Business: Court is vacant, hence board is discharge.
Next Purpose: REPLY
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: As court is vacant, hence board is discharge.
Next Purpose: REPLY
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: Both the parties and adv. is absent.
Last chance is granted for service upon respondents to 17.01.2020.
L.O.
Adv.Dipak Kumar of deft no.3/ applicant present and filed application @ annexures TOR.
Already adjd to17.01.2020.
Next Purpose: SERVICE
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Adv. Laxmi Thakur for applicant (Original deft. no. 3) present and tendered affidavit of service.
Perused affidavit of service and documents. The notice of the application is served upon plaintiff, deft. no. 2,4 and 5. The original plaintiff and defendants no. 4 and 5 have not turned up despite service. Therefore, the application will proceed ex-parte against them. Deft. no. 2 appeared on 07-06-2019 to adv. Dipti Kuber but has not filed say to the application. Hence, the application will be heard without reply of the deft. no. 2. It can be seen from the record that Lrs of deft. no. 1 (deceased) are not made parties in the application. Therefore, the applicant to take necessary steps.
Adjd to 07-03-2020 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Business: Court is on leave, hence board is discharge.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: In view of the advisory to subordinate courts and office order no. 66 /2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Adjd to 10-07-2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: COMPLIANCE
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Business: Court is on Leave. Hence matter is adjd.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Adjd to 24-02-2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: None for plaintiff.
Adv. Suraj Shah for Def. no. 3 present.
On oral request of Ld. Adv. for def. adjournment granted.
Adjd to 25.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Adv. Laxmi Thakur for applicant present and tendered three affidavits of no objection of defendants no. 1(a), 1(c) and 1(d).
Adjd to 28.06.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for hearing to 27/08/2021
Next Purpose: HEARING
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: At 11.03 am
None for plaintiff.
Adv. suraj Shah for defendant No. 3 present.
Adjd for hearing to 04/10/2021
Next Purpose: HEARING
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: At 11.00 am
Adv. Laxmi Thakur For applicant present.
None for respondents
Kb L. O at 11.54 am
Adv. Laxmi Thakur For applicant present.
None for Respondents.
Heard arguments of Adv. Ms. Laxmi Thakur for applicant/defendant No. 3 for Misc appln 24/19.
The application is for withdrawal of amount of Rs. 3 lakhs deposited as per the order dt. 27.04.2004 passed in NM No. 834/2004 in suit No. 756/2004.
Adv. For applicant has drawn my attention to roznama dt. 01.04.2016. The suit is dismissed for want of prosecution.
The details of the amount deposited is not filed on record. Hence call report from the concerned department about the amount deposited and interest accrued if any till date of report.
Adjd for compliance to 08/11/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: Adv. Laxmi Thakur For applicant present.
The report of department dt. 28.10.2021 is tagged to the file.
It shows the principal amount and maturity amount.
None for Respondents.
Argument of adv. For applicant is heard.
Hence adjd for orders to 11/11/2021
Next Purpose: ORDER
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: At 12 noon
None for both parties.
On perusal of affidavit of service the notice of application is issued to the plaintiff at the address of USA.
Plaintiff is represented by constituted attorney Mehernosh Irani. Plaintiff is resident of USA. The address of constituted attorney is 15B June Blossom co-op Housing society, 60/60A Manueal Gonsalves road, Bandra, Mumbai 400050 The notice in the address of constituted attorney is not served by the plaintiff. Hence applicant to comply and serve the notice to the constituted attorney of plaintiff.
Adjd for compliance/affidavit of service to 30/11/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: None present when called at 12.14 pm
kb in afternoon session.
L O at 3.34 pm
Adv. Prabha Rathod For applicants present.
Adjd for compliance of direction given in roznama dt. 11.11.2021 to 23/12/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: At 11.24 am
None present when called.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for compliance to 05/03/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: Adv. Damini Thaker along with adv. Laxmi Thakur For applicant/defendant No. 3 present and tendered affidavit of service. T.O.R.
Adjd for compliance to 04/04/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: Adv. Jinal Bhanushali for applicant present.
Adjd for compliance to 29/07/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: MA 24/19
In Disp SU- 6446/04
Adv. Jinal Bhanushali for applicant present.
None for respondent.
Heard Advocate Jinal Bhanushali for applicant on MA No.24/19.
F.R.S.R. following order passed in MA No-24/19.
- ORDER -
1. Misc. Application No. 24/2019 is made absolute in terms of prayer clause (a).
2. Deputy Registrar, PLA Section, Accounts Department is directed to pay amount of Rs.8,86,399/- (Rupees Eight Lakhs Eighty-six Thousand Three Hundred Ninety-nine Only) with accrued interest to defendant no.3 after verifying his identity.
3. Proceeding of M.A.No. 24/19 is closed.
Nature Of Disposal: OTHER
Disposal Date: 29-07-2022
