Date: 14-06-2019
Business: In view of the absence of Ld. counsel for defendant, matter stands Adj for NM hearing to 02.08.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Court is busy in dictating judgement in suit no. 464/16 and order in suit no. 4342/12, 1942/19 and also order of Bail application in NDPS Spl. Case no. 12/2019 and 180/18.
Hence, Matter stands Adj for NM hearing to 29.08.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-08-2019
Date: 29-08-2019
Business: As the Court is busy in dictating order in suit no. 866/2014, 1206/2014 and 9083/1995. Hence board discharged.
Matter stands Adj for NM for Hearing to 21/09/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-09-2019
Date: 21-09-2019
Business: CA of plaintiff (her father) is present.
Adv. Kamlesh Tiwari for plaintiff present.
None present for defendant. The plaintiff has taken out NM no. 1151/19 for seeking relief of temporary injunction, against the defendants and for appointment of Court Receiver for taking possession of suit premises during the pendancy of the suit.
The defendant no. 1 and 2 have been duly served with the NM through defendant no. 1 on 22.03.19 as per bailiff report. Adv. Panjabi had appeared on behalf defendants on 27.03.19 before this court. Two weeks time was granted for filing reply by moving praecipe. It appears from the record that thereafter defendant and their counsel are absent and reply to the NM is not filed. It is informed that advocate for defendant was present on last date i.e. 29.08.19 but it is not reflected in the roznama.
Heard Ld. counsel for plaintiff on NM no. 1151/19. He submitted that the plaintiff had filed WP no. 9571/16 before Hon\''ble Bombay High Court. On 03.09.19 the said WP has been disposed of as withdrawn with directions to this court to expedite the hearing of NM no. 1151/19 and also directed to continue the directions of status quo granted by the Hon\''ble High Court for a period of 6 weeks from 03.09.19.
Ld. counsel for plaintiff took me through the record of the case and pointed out that plaintiff is seeking relief in respect of Zopada no. 783, Plot no. 2, Aacharya wadi, Chembur 47, 21/177, Wadavali Village, Dr. C. G.Road , Chembur, Mumbai. Considering the submissions made before the court, I am of the view that it is necessary to hear both the sides before deciding the NM 1151/19. Hence, last chance granted, to the defendants to file their reply within 2 weeks from today time extended accordingly. Copy be served well in advance to the Ld. counsel for plaintiff before next date. If the defendants fail to submit their reply to the NM as directed above on next date NM shall proceed without reply.
In the circumstances in the case, the order of status quo granted and continued by the Hon\''ble High Court for the period of 6 weeks, shall further continue till next date.
Ld. counsel for plaintiff to inform the advocate for the defendants about the orders passed today for compliance.
Sheristedar to provide authenticated copy of today\''s roznama to the Ld. counsel for plaintiff.
Matter stands Adj for reply and hearing on NM 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 Reply to 14.10.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Plaintiff present.
Adv. Kamlesh Tiwari for plaintiff present and filed original writ of summons and submitted that writ has been served on 22.03.2019.
Adv. Panjabi for defendant present and filed VP on behalf of defendant.
Vakalatnama filed on behalf of defendant no. 1 and 2.
Heard both sides.
Ld. counsel for defendant submitted that roznama of 27.03.2019 shows his presence before the court but he was not present and has not received the copy of NM. Hence, plaintiff may be directed to supply the copy of NM and supporting affidavit.
Ld. counsel for plaintiff submitted that incorrect submissions are being made before the court. The defendant has been served with the copy of NM as per signature on behalf of defendant no.1 and 2 on record. Plaintiff is present before the court and submitted that he had accompanied the baillif and copy was served in his presence.
After hearing both the sides, Ld. counsel for plaintiff is asked to supply additional copy of NM to the Ld. counsel for defendants. Accordingly copy is served.
Ld. counsel for plaintiff submitted that till defendants file the reply, ad-intrim order of status quo may be continued till next date. Ld. counsel for defendant has strongly opposed the continuation of order of status quo. However, I find that order of status quo has been passed by Hon\''ble High Court for a period of 6 weeks that has been continued by this court. No prejudice will be caused to defendants, if the same is continued till next date. Hence, order of status quo be continued till next date.
Matter stands Adj for filing of reply and WS to 13.11.19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Adv. Sirat for plaintiff present.
Defendant no. 1 present in person and his advocate absent. He submitted that his advocate is not well and prayed for short adjournment. Hon\''ble High Court has expedited the hearing of NM. Hence, short adjournment is granted.
Earlier order of status quo to continue till next date.
Matter stands Adj for reply and WS to 27.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Adv. Aarati Gour for plaintiff present.
Adv. Punjabi for defendant present and seeks time to file reply to NM. This is High Court expedited matter. Hence, short adjournment granted. Earlier order to continue till next date.
Matter stands Adj for NM hearing to 11.12.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Adv. Sirat for plaintiff present and submitted that for last two-three dates inspite of giving chances, defendant has not filed reply to the NM. Hence, Motion be proceeded without reply of defendant. Hon\''ble High Court has expedited this matter. Inspite of giving opportunity defendant has failed to submit their reply. Hence, NM to proceed without reply of defendants.
Earlier order of status quo to continue till next date.
None present for defendant.
Matter stands Adj for hearing on NM to 03.01.2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: (Matter pertains to CR No. 03)
Adv. Sirat for plaintiff present.
None present for defendant.
Earlier order to continue till next date.
Matter stands Adj for hearing on NM to 13.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Adv. Aarti Gauri for plaintiff present.
Deft present his advocate absent.
Heard both sides. Motion is expiated by Hon\''ble High Court and proceeded without reply.
Matter stands Adj for NM Hearing to 06.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2020
Date: 13-01-2020
Business: Matter stands Adj for NM Hearing to 06.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Adv. Sirat Khan for plaintiff present.
Defendant no. 1 present in person.
Earlier order dated 30.08.2019 to continue till next date.
Matter stands Adj for hearing on NM to 25.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv. Kamlesh Tiwari for plaintiff present and submitted that NM has proceeded without say of the defendant no. 1.
Defendant no. 1 present in person and seeks time for hearing on NM as his advocate is absent.
Earlier order to continue till disposal of NM.
Hon\''ble High Court has expedited the hearing of Motion. Hence, last chance granted to the defendant no. 1.
Matter stands Adj for hearing on NM no. 1151/19 to 17.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: None present for plaintiff and defendant.
As per directions of office order no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Matter stands Adj for hearing on NM to 29.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2020
Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-05-2020
Date: 20-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for NM hearing to 11/9/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for NM for hearing to 12.01.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: By praecipe matter is taken on today\''s board.
Adv. Kamlesh Tiwari for plaintiff present and submitted that as per order dated 25.02.2020, EOC was continued regarding status quo as hearing of the motion has been expedited by the Hon\''ble High Court. He submitted that the defendants have failed to submit their reply to NM and WS in the suit inspite of giving several chances. Hence, NM has proceeded without say of the defendants. He also produced the photographs showing the change in the circumstances i.e. construction activity by the defendants. He pressed for passing necessary further order in respect of appointment of Court receiver as prayed in prayer clause (b) of the motion.
After hearing the Ld. counsel for plaintiff, he is directed to bring on record the change in the circumstances by producing dated photographs or other material and documents supported by pleadings, so that the court can pass necessary order in the matter.
Matter already Adj to 12.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: By praecipe matter is taken on today\''s board. Adv. Sirat Khan h/f Adv. Kamlesh Tiwari for plaintiff present and filed affidavit of service informing the court that yesterday on 16.12.2020, the defendant no. 1 and his wife has refused to accept the service of praecipe vide Ex-A. It is taken on record. None present for defendant. Ld. counsel for plaintiff also tendered an affidavit along with document including roznama of the proceedings in the suit and photographs of the suit site dated 16.12.2020, as per direction of the court given yesterday. Therefore, Ld. counsel for plaintiff prayed for passing of the orders on the pending NM no. 1151/19 regarding appointment of Court Receiver for taking possession of the suit premises during the pendancy of the suit. In view of the above submissions, Ld. counsel for plaintiff is directed to provide information to the court regarding the panel/list of advocate from the bar, who can be appointed as Court Receiver. Ld. counsel for plaintiff is further directed to bear the charges/costs of the Court Receiver, if any. Matter stands Adj for compliance and further order to 21.12.2020.
Next Purpose: ORDER
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: Adv. Sirat Khan h/f Adv. Kamlesh Tiwari for plaintiff present and filed affidavit of service informing the court that the defendant no. 1 and 2 have refused to accept the service vide Ex-A, regarding pre-pone date of today\''s proceedings and orders passed by this court on 17.12.2020. She also submitted that the office has informed that there is no approved list of advocates/panel of advocates by this court. Therefore, she submitted list of five advocates, who can be appointed as Court Receiver. Ld. counsel for plaintiff is directed to secure consent of any one of the above five advocates, who is ready to accept the assignment and to act as Court Receiver, if appointed by this court. None present for defendant. Keep back Later on at 1.50 pm. Adv. Sirat Khan h/f Adv. Kamlesh Tiwari for plaintiff present and submitted today that as per the list of five advocates no one was available for giving consent for the appointment of the Court Receiver and sought time. Hence, Matter stands Adj for compliance to 22.12.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Adv. Sirat Khan for plaintiff present along with Adv. Mr. Vinod Kumar B. Singh. She submitted that from the list of advocates submitted by her yesterday, advocate Mr. Vinod Kumar B. Singh is ready to act as Court Receiver in this matter and willing to accept the assignment. I have heard Adv. Mr. Vinod Kumar B. Singh. He confirmed the submissions made by the Ld. counsel for plaintiff and submitted the purshis to that effect. The list of advocate and purshis filed by Adv. Mr. Vinod Kumar B. Singh are taken on record. List of advocates submitted by Ld. counsel for plaintiff. Purshis filed by Adv. Mr. Vinod Kumar B. Singh. In view of the above and submissions made by Ld. counsel for plaintiff, FRSR following order is passed on NM no. 1151/19 ORDER 1. Notice of Motion no. 1151/19 is hereby allowed and made absolute. 2. As to prayer clause (a), ad-interim relief of status quo granted by the Hon\''ble High Court and continued by this court thereafter, is hereby confirmed. 3. As to prayer clause (b), prayer of plaintiff for appointment of Court Receiver is hereby granted and advocate Mr. Vinod Kumar B. Singh, r/o 3rd floor, K. K. Chember, P. T. Marg, D. N. Road, Fort, Mumbai-400 001, is hereby appointed as Court Receiver on the basis of purshis at Ex-5 filed by him before this court, with following terms- a) Adv. Vinod Kumar B. Singh is hereby appointed as Court Receiver without security, with all power under order XL (d) of CPC. b) The plaintiff shall pay an amount of Rs. 5,000/- per visit to the suit site to the Court Receiver towards his remuneration as agreed by him vide purshis at Ex-5. c) The Court Receiver is directed to take formal possession of the suit premises situated at Zopada on Plot no. 2, Acharyawadi Chembur 47, 121/177, Zopada No. 783, Wadavali Village, Dr. C. G. Road, Chembur, Mumbai-40007 as described in para no. 1 of the plaint, during the pendancy of the suit. d) The Court Receiver shall with the aid and assistance of the plaintiff, affix some mark/name plate on the suit site mentioning taking of his formal possession as representative of the court, giving details and description of the suit property and the date of taking possession. e) The Court Receiver shall be entitled to take assistance/protection from the police authority, while taking possession of the suit premises, if the same is resisted by the defendants or any other persons on behalf of the defendants. f) The Court Receiver is also directed that after taking possession of the suit premises, he shall appoint the plaintiff as his agent in respect of the suit premises, on executing necessary agency agreement with the plaintiff in that regard which shall be continued during the pendancy of the suit. The Court Receiver shall submit his report regarding taking his formal possession of the suit premises on the next date. g)Thereafter, the plaintiff shall submit an undertaking to this court that she shall abide by the terms and condition of the agency agreement during the pendancy of the suit and shall also maintain account of the expenses incurred by her in respect of the suit premises and furnish the same to the court as an when required, along with report to be submitted once in a year commencing from 01.01.2021 during pendancy of the suit. 4. NM is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 22-12-2020
