THE BOARD OF TRUSTEES OF THE PORT OF MUMBAIVsSophisticated Marble and Granite +3 more

Date: 18-01-2021
Business: Adv. Yasmin Sarang for plaintiff present.
Issue writ of summons to the defendants.
Adjd for compliance/report to 21/04/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: PO is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Adv.Sarang i/b.M.V.Kini and Co. for plaintiff present.
None present for defendant No.1 and 2.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
The plaintiff filed affidavit of service, Exh.5 t.o.r.
Adv.S. Venkiteswaran present and filed vakalatnama, Exh.6 on behalf of defendant No.3 t.o.r.
       The defendant No.3 filed written statement t.o.r. Apparent there is question of delay. The defendant No.3 wants to file NM in respect of that.
Matter adjd for appearance/order in respect of deft.No.1 and 4, steps for service of summons on defendant No.2 on 18.09.2021.
                                                                                              Judge
LO at 01.38 pm
Adv.Virendra Mourya present and filed vakalatnama and written statement on behalf of defendant No.1. Same are accepted subject to point of delay.
Matter adjd for appearance/order in respect of deft.No.1 and 4, steps for service of summons on defendant No.2 on 18.09.2021.
Next Purpose: FOR APPERANCE
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: N.O.B.T.O.B.
Adv.S.Venkiteswaran for defendant No.3 present and filed application for matter taken on today\''s board, Exh.7.
The defendant No.3 tendered draft notice of motion a/w. affidavit in support. O-Leave granted to register draft notice of motion.
The defendant No.3 also tendered affidavit of service of notice of motion, Exh.8 t.o.r.
Matter already adjd to 18.09.2021 for reply to NM.
Next Purpose: REPLY
Next Hearing Date: 18-09-2021

Date: 18-09-2021
Business: None present for plaintiff.
Mr.R.G.Ghone, representative of defendant No.1 present.
Adv.S.Venkiteswaran for defendant no.3 present.
Defendant No.3 tendered registered NM No.2082/2021 a/w. affidavit.
Matter adjd to 29.09.2021 for NM reply by plaintiff.
                                                                                              Judge
LO at 01.04 pm
Adv.Ms.Sarang for plaintiff present.
The plaintiff tendered affidavit of service in respect of defendant No.2 and 4, Exh.9 t.o.r. Both are unserved.
Matter adjd to 29.09.2021 for NM reply by plaintiff and steps regarding deft.2 and 4.
                                                                                              Judge
LO at 01.16 pm
Adv.Pawankumar Prasad i/b.Virendrakumar Mourya and Associates for defendant No.1 present.
The defendant No.1 tendered draft notice of motion a/w. affidavit in support t.o.r. O-Leave granted to register draft notice of motion.
Matter adjd to 29.09.2021 for NM reply by plaintiff and steps regarding deft.2 and 4 and service affidavit of NM filed by deft.No.1.
Next Purpose: REPLY
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Adv.Yasmin Sarang i/b.M.V.Kini and Co.for plaintiff present.
Adv.S.Venkiteswaran for defendant No.3 present.
Adv.Vedanshi Shah present and filed vakalatnama, Exh.10 for Adv.Bipin Joshi on behalf of defendant No.1 t.o.r.
The plaintiff tendered reply to NM No.2082/21, Exh.11 t.o.r.
Copies furnished to defendant No.3. Endorsement to that effect is made.
Adv. of plaintiff filed draft chamber summons for service of suit summons on deft. No.2 and 4 by substituted way of paper publication a/w. affidavit.
O-Leave granted to register draft chamber summons.
Heard the Ld.Adv.for plaintiff. Following order is passed in roznama.
ORDER ON DRAFT CHAMBER SUMMONS
       This chamber summons is taken out by the plaintiff requesting to pass order permitting the plaintiff to serve the suit summons by way of substituted service on defendant No.2 and 4 by publishing the same in the newspaper. Heard the Ld. advocate for the plaintiff. Gone through the affidavit of service Exh.5 and Exh.9, the envelopes attached with Exh.9 shows that summons on defendant No.4 is not served at 1st address and summons on defendant No.2 is also not served. Record also shows that the defendant No.4 is served at 2nd address i.e.404, Abhay Steels, House Baroda Streat, Masjid Bunder, Masjid (E), Mumbai-400 009. However, the plaintiff wants to serve the defendant No.4 at 1st address. Considering the postal remarks the defendant No.2 will not be served at its address and the defendant No.4 will not be served at its first address. Hence, allowed to serve them as aforesaid by paper publication. In addition thereto, the defendant No.2 shall be served by pasting also. Hence, I passed the following order.
ORDER
1. Draft chamber summons is allowed as follows -
2. The plaintiff is allowed to serve the defendant No.2 and 4 by paper publication. In addition thereto, the defendant No.2 shall be served by pasting also.
3. Service by paper publication shall be made in the leading newspapers having vide circulations in the area of the addresses of the defendants.
4. Liberty is granted to select the newspapers in terms of order clause No. (3) for effective service through publication.
5.Draft chamber summons is disposed off accordingly. It be registered for statistical purpose.
Heard Adv. of plaintiff and Adv.of deft.No.3 on NM No.2082/21
F.R.S.R. the following order is passed
ORDER
1. Notice of Motion No.2082 of 2021 is allowed.
2. The written statement dated 12.07.2021 filed by defendant No.3 is taken on record.
3. Costs of this notice of motion is kept in cause.
The defendant No.1 has not tendered register notice of motion. Directed to tender it.
Matter adjd to 09.11.2021 for compliance by deft.No.1.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Adv.Yasmin Sarang h/f.M.V.Kini and Co. for plaintiff present.
Adv.Sakshi Agarwal h/f.Adv.Bipin Joshi for defendant No.1 present.
Adv.S.Venkiteswaran for defendant No.3 present.
The plaintiff filed application, Exh.12 for extension of time for service of writ of summons by paper publication t.o.r.
O-Heard. Time extended for service of writ of summons by paper publication.
The plaintiff tendered affidavit of service of summons, Exh.13 through bailiff in respect of defendant No.2 a/w. writ of summons and bailiff report. Report shows summons is served on defendant No.2 by pasting.
KB for filing registered NM by deft.No.1.
LO at 12.48 pm,
Adv.Sakshi Agarwal h/f.Adv.Bipin Joshi for defendant No.1 present.
Adv.of defendant No.1 filed application, Exh.14 for extension of time for registration of NM. Order-Time for registration of NM is extended.  It be registered today.
Matter adjd to 14.12.2021 for service affidavit of paper publication, service affidavit of NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: HHJ is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: PO is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: Adv.Yasmin Sarang for plaintiff present.
Adv.Sakshi Agrawal h/f.Adv.Bipin Joshi for defendant No.1 present.
Adv.S.Venkiteswaran for defendant No.3 present.
The plaintiff tendered service affidavit of paper publication t.o.r. and marked as Exh.14.
Defendant No.1 tendered registered notice of motion No.2769/2021 (delay) a/w.affidavit t.o.r.
Defendant No.1 tendered affidavit of service in NM 2769/2021. It is t.o.r. and marked as Exh.15.
Plaintiff requested time to file reply in NM 2769/21.
Matter adjd to 15.03.2022 for order against deft.2 and 4, reply by pltff. in NM and hearing.
Next Purpose: REPLY
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: Adv. Ms. Yasmin Sarang present for plaintiff.
None present for defendant Nos.1 and 2.
Adv. Rahul Chary i/b S. Venkiteswaran for defendant No.3 present.
On oral request of the plaintiff adjourned for filing NM reply.
Matter adjd to 31.03.2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Adv.Sarang h/f.M.V.Kini and Co. for plaintiff present.
Adv.Sakshi Agarwal h/f.Adv.Bipin Joshi for defendant No.1 present.
Adv.S.Venkiteswaran for defendant No.3 present.
The plaintiff filed reply in NM 2769/21 t.o.r. and marked as Exh.16.
Heard the defendant No.1 and the plaintiff in NM No.2769/21.
The plaintiff tendered draft chamber summons a/w. affidavit in support. O-Leave granted to register draft chamber summons.
KB for order in NM 2769/21
F.R.S.R. following order is passed
ORDER
1. Notice of Motion No.2769 of 2021 is allowed.
2. The delay in filing written statement is condoned.
3. Written statement already filed by defendant No.1 is taken on record and marked as Exh.17.
4. Notice of Motion No.2769 of 2021 is disposed of accordingly.
Matter adjd to 02.05.2022 for service affidavit in ch/s, steps/compliance in respect of deft.2 and 4.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-05-2022

Date: 02-05-2022
Business: None present for plaintiff.
Adv.Sakshi Agarwal h/f.Adv.Bipin Joshi for defendant No.1 present.
Adv.Abhimanyu Singh h/f.Adv.S. Venkiteswaran for defendant No.3 present.
KB
LO at 11.55 am,
Adv.Yasmin Sarang i/b.M.V.Kini and Co. for plaintiff present.
Adv.Abhimanyu Singh h/f.Adv.S. Venkiteswaran for defendant No.3 present.
The plaintiff requested for time to file service affidavit in Ch/s. No.603/22.
Matter adjd to 24.06.2022 for service affidavit in Ch/s., steps/compliance in respect of deft.No.2 and 4.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Court is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv. Yasmin Sarang Present for Plff.
Adv. Sakshi Agarwal I/b Adv. Bipin Joshi Present for Deft No.1.
Adv. Dipam Sengupta I/b Adv. S. Venkiteswaran Present for Deft no.3.
Ex.18- Adv of plff has filed application for withdraw of suit along with authority letter of Rajkumar K. Chandiramani with his identity card at Ex.19-20 respectively.  Defendant No.1 and 3 has given no objection for withdrawing the suit.
As per authority letter Ex.19 Rajkumar K. Chandiramani is authorised representative of plff. He contended that, subject matter this suit settled with defendants out of court. Hence plaintiff does not want to proceed with this suit and prayed for withdrawal of the suit. In view of withdrawal application Ex.18 suit stands disposed of being withdrawn. Court fee be returned as per rule.
In view of withdrawal of the suit CS 603/22 stands disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 22-07-2022

NOTICE OF MOTION/102082/2021
NOTICE OF MOTION/102769/2021
CHAMBER SUMMONS/101212/2021
CHAMBER SUMMONS/100603/2022

Registration Number: 101043/2021
Transfer Date: 27-05-2021
From Court: 20 - COURT 20 ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Filing Number: 103402/2020
Filing Date: 12-03-2020
First Hearing Date: 18th January 2021
Decision Date: 22nd July 2022
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE