Date: 08-04-2019
Business: Matter adj. for Compliance to 18.06.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-06-2019
Date: 18-06-2019
Business: Matter stands Adj for hearing on CS and NM to 02.07.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-07-2019
Date: 02-07-2019
Business: The court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: Adv. Tripathi for plaintiff present.
Adv. Sharma for defendant present and filed rejoinder to NM no. 1195/19.
Adv. Poddar for respondent no. 1 to 3 present.
Matter stands Adj for NM hearing to 03.09.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-09-2019
Date: 03-09-2019
Business: THE COURT IS ON LEAVE
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: Adv. Tripathi for plaintiff present.
Adv. Sharma for defendant present.
Adv. Poddar for respondent in CS no. 1307/18 present.
Heard both sides.
Matter stands Adj for order in NM no. 1195/19 and CS no. 1307/18 to 15.10.19.
Next Purpose: ORDER
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Business: Adv. Tripathi for plaintiff present.
Adv. Sharma for defendant present.
Adv. V.K. Khandare for respondent present.
FRSR following order is passed on Nm no. 1307/2018
ORDER
1. Prayer clause(a) in the Chamber Summons No. 1307/2018 is hereby made absolute and proposed amendments are allowed in the interest of justice.
2. The plaintiff shall carry out amendment within two weeks and shall also submit the amended copy of plaint on record in two weeks thereafter as per procedure.
3. The defendant shall be entitled to file additional WS, if any, in view of the amendments made by the plaintiff in the plaint within two weeks after the amendment is carried out and copy of additional WS shall be served on the other side well in advance.
The C/S stands disposed of accordingly.
After the above order is pronounced, Ld. counsel for defendants submitted that the effect and operation of the order passed today on CS no. 1307/18 may be stayed, as he may consider the the option to challenge the order before Hon\''ble High Court. Ld. counsel for plaintiff has strongly opposed the said request. However, considering the submissions made before the court, the effect and operation of order passed today on CS no. 1307/18 is kept in abeyance for a period of four weeks.
Heard both sides regarding some queries in respect of NM no. 1195/19. It is submitted that till the amendment is carried out by plaintiff, as per above order and the NM no. 3707/17 is either amended by the plaintiff or withdrawn with liberty to file fresh NM so as to include the case of the plaintiff as amended, the purpose will be served if, the parties maintain status quo in respect of shop no. 1, 2 and 3 which are the suit premises.
In view of the above, as well as statement made by the Ld. counsel for plaintiff as reflected in the roznama dated 05.02.2019. both the parties are directed to maintain status quo till the NM no. 1195/19 is decided.
Matter stands Adj for order NM no. 1195/19 and taking steps/ compliance by plaintiff to 16.11.19.
Next Purpose: ORDER
Next Hearing Date: 16-11-2019
Date: 16-11-2019
Business: Adv. Dixit for plaintiff present.
Adv. Sharma for defendant present.
Ld. counsel for defendant submitted that defendant has filed WP before the Hon\''ble High Court and challenged the order passed in CS 1307/18 dated 15.10.19 and it is pending hearing. Therefore, he sought an adjournment.
Earlier order of status quo to continue till hearing of NM.
By consent, Matter stands Adj for hearing on NM no. 1195/19 to 19.12.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: None present for plaintiff.
Defendant present in person.
Court is busy in dictating Judgment in suit no. 76/18.
Matter stands Adj for hearing on NM to 11.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: The court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2020
Date: 18-03-2020
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 NM hearing to 12.06.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Advocate Rajesh Dikshit for plaintiff present and sought time to carry out amendment.
Time is granted as last opportunity.
None for defendant.
The case is adjourned to 16.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Advocate Rajesh Dikshit for plaintiff present.
None for defendant.
KB
LO at 2.56pm
None for Plaintiff.
Advocate Rohan Waghmare h/f adv. Potdar for defendant 2 to 5 present and submits that copy of plaint is not served on the defendants.
Advocate Sharma for defendant no.1 present.
The case is adjourned to 06.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Advocate Rajesh Dikshit for plaintiff present.
The case is adjourned to 28.06.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: In view of office order No. 120/2021 dtd. 27.06.2021 r/w Office Order No.106/2021 dtd 14.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 09.06.2021 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Matter called out at 03.13 p.m.
Adv. Rajesh Dixit for plaintiff present.
Deft No. 1 present in person.
Adv. Rohan A. Waghmare h/f Adv. Sunita M. Poddar for Deft. No. 2.
Deft. No. 1 tendered additional written statement. TOR. Exh.6
O-Seen and filed
Copy supplied to the plaintiff.
Deft. No. 2 tendered additional written statement. TOR. Exh.7
O-Seen and filed.
Copy supplied to the plaintiff.
Plaintiff is directed to serve copy of NM No. 3707/17 to the newly added Defendant. No. 2.
At the request of plaintiff, matter stands adjourned to 27.10.2021 Service.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Matter called out at 2.59
Adv. Tripathi for plaintiff present.
None for defendant.
Matter stands adjourned to 23.12.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Matter called out at 3.08 p.m.
Adv. Tripathi for plaintiff present. He tendered affidavit of service. TOR. Exh.8.
Adv. Sandeep Sharma for Deft. No.1 present. He is seeking time to file NM for return of the plaint. Time granted.
Adv. Rohan Waghmare for Deft. No.2 present.
Matter stands adjourned to 01.02.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Court is on Leave, Hence Board is discharged.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Court is on leave in second session. Hence, board discharged.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Deft. no.1 and 2 in person present.
As court is busy in dictating judgment in Suit no.26/2010.
Matter stands adjourned to 21.06.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Adv. Rajesh Dixit for plaintiff present. He tendered rejoinder to NM No.3707/2017. TOR.
Copy served to the defendants.
Adv. Sandeep Sharma for Deft. no.1 present.
Adv. Jaya Jadhav for Deft. no.2 present.
Following F.R.S.R. order is passed in Notice of Motion No.1195/2019.
ORDER
1.Notice of Motion No.1195/2019 in S.C. Suit No.2164/2017, is hereby allowed, in terms of prayer (a).
2.Notice of Motion stands disposed off accordingly.
Following F.R.S.R. order is passed in Notice of Motion No.3707/2017.
ORDER
1.Notice of Motion No.3707/2017 in S.C. Suit No.2164/2017, is hereby allowed, in terms of prayer (a).
2.Notice of Motion stands disposed off accordingly.
Matter stands adjourned to 02.08.2022 for WS/appearance.
Nature Of Disposal: ALLOWED
Disposal Date: 21-06-2022