Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: DIRECTIONS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: DIRECTIONS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19)
Next Purpose: DIRECTIONS
Next Hearing Date: 17-09-2020
Date: 17-09-2020
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.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Adv. M. S. Singh for plaintiff present.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 12.03.2021 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Mentioned by praecipe. NOB. TOB.
CA of plaintiff present.
Adv. M. A. Singh for plaintiff present and tendered draft Ch/s along with affidavit. Leave granted to register the Ch/s. Copy served to other side.
Adv. Gaurav Mehta for def. no. 2 present and tendered Vakalatnama for def. no. 2. TOR and marked at Exh. 5
None for defendant no. 1.
Exh. 1 Plaint
Exh. 2 Vakalatnama of adv. of plaintiff.
Exh. 3 Address memorandum.
Exh. 4 List of documents.
Exh. 5 Vakalatnama of Def. no. 2.
Defendants to supply copy of Ch/s reply to the plaintiff well in advance before the next date.
Adjd to 23.02.2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv. M. S. Singh for plaintiff present and tendered registered Ch/s No. 352/21 along with affidavit.
Adv. Gaurav Mehta for defendant no. 2 present and tendered affidavit in reply to Ch/s no. 352/21. Copy served to other side.
Adjd to 10.03.2021 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Court is on leave, hence board is discharged.
Next Purpose: C/S HEARING
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: In view of office order No. 64/2021 dtd. 29.03.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 26.03.2021 issued by 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 owing to absence of the parties.
L.O. at. 2.15 p.m.
Adv. A.K. Singh for plff. present and tendered affidavit in rejoinder in Ch.s no. 352/2021. Copy be served to other side.
Adjd to 13-07-2021 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: Adv. M. S. Singh for plaintiff present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for Ch/s hearing to 09/09/2021
Next Purpose: C/S HEARING
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Court is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: CA of plaintiff present.
Adv. M. S. Singh for plaintiff present.
Adv. Ajay Karuwath filed vakalatnama on behalf of defendant No. 1. t.o.r. O- Read and recorded.
Adv. Gaurav Mehta along with Adv. Garima Agrawal For defendant No. 2 present.
Adv. For defendant No. 1 requested time to file reply. Granted as last chance.
Incase defendant No. 1files reply copy of served to adv. For plaintiff in advance before filing it in court.
Adjd for Ch.s hearing to 06/12/2021
Next Purpose: C/S HEARING
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Preceipe filed by plaintiff. O-allowed.
Plff is present.
Exh.6 Application filed by plff to withdraw the suit. O-Other side to say.
Plff to serve the copy of application to the defendant.
Adjd to 06/12/2021 for order
Next Purpose: ORDER
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv. M. S. Singh for plaintiff present.
Adv. Gaurav Mehta For defendant No. 2 present.
Adv. Ajay Karuwath For defendant No.1 present and stated that no objection for withdrawal and heavy cost may be imposed on plaintiff.
Adv. For defendant No. 2 stated that there is no question of granting liberty. Plaintiff may simply withdraw the suit.
Pursis filed to take on record List of document filed by adv. For plaintiff. t.o.r.
On perusal of xerox copy of power of attorney the constituted power of attorney who is 80 years old does not have authority/power to withdraw the suit on behalf of plaintiff.
Adv. For plaintiff pointed out the General powers to the constituted attorney. The said general power of attorney cannot be considered for withdrawal of the suit on behalf of plaintiff.
Adjd for compliance to 13/12/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Adv. M. S. Sing for plaintiff is present.
Adv. Anmol Patil for defendant no.1 is present.
Adv. Abir Patel I/b Adv. Wadia Ghandy and Co. for defendant no.2 is present.
Application/pursis filed by the plaintiff to withdraw the suit as per Exh.6 and along with the pursis xerox copy of Power of Attorney dated 10.12.2021 is annexed. O- filed
Order below Exhibit 6
The plaintiff desires to withdraw the suit with liberty to file fresh suit. The defendant no. 1 has no objection but requested to impose heavy cost. Defendant no. 2 has no objection but stated that there is no question of liberty to file fresh suit. Adv. for plaintiff stated that they have to implead MHADA and have to take necessary pleadings in that respect. Therefore, desires to withdraw the suit to file a fresh against defendant no. 1 & 2. The defendant nos. 1 & 2 appeared however defendant no. 1 has not filed any reply/written statement to the suit/chamber summons/ notice of motion. Advocate for defendant no. 1 stated that they have filed W.S./reply to the Chamber Summons and Notice of Motion.
Considering the above facts and the nature of the suit, allowed to withdraw the suit with liberty to file fresh suit against defendant nos. 1 & 2 provided the same is filed within limitation. In respect of costs, the same is decided below order Exh. 1. Accordingly, application is disposed of.
ORDER BELOW EXH. 1
Advocate for plaintiff and defendant no. 1 & 2 are present. The C.A. of plaintiff is present. The application at Exh. 6 to withdraw the suit is allowed. The plaintiff has in the Power of Attorney stated that the Constituted Attorney can withdraw the suit in para 7 in Power of Attorney dated 10.12.2021. Hence, the suit is disposed of as withdrawn with liberty to file fresh suit against defendant nos. 1 & 2 provided it is filed within limitation. The plaintiff is 80 years old as per the title clause and housewife hence cost is not awarded to defendant no. 1 & 2.
Nature Of Disposal: WITHDRAWL
Disposal Date: 18-12-2021