Date: 09-02-2021
Business: Mr.Parag Khandhar, Clerk of appellant is present and seeks adjournment.
At the request of appellant, matter adjourned to 05.03.2021 for Appearance.
Next Purpose: SERVICE
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv. Saloni Shah i/b DSK Legal for appellant is present.
It is submitted that parties are in the process of settling the matter, as such adjourned to 12.04.2021 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: COURT IS ON LEAVE TODAY.
(In view of Office Order No.78 of 2021 Dt.09.04.2021, holiday is declared on 12.04.2021, hence matter is taken on todays board.)
Due to holidays declared on 12th, 15th, 16th, so also as per SOP dated 06.04.2021 the day 17th being Saturday declared as holiday, hence adjourned to 14.06.2021 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: None present for appellant.
None present for respondent.
Due to Covid-19, matter adjourned to 05.07.2021 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: None present for parties.
Due to COVID-19, adjourned to 30.07.2021 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Business: None present for the parties.
Due to Covid-19, adjourned to 18.08.2021 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: Adv. Saloni Shah i/b DSK Legal for appellant is present.
None present for respondent.
Adjourned to 09.09.2021 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv. Saloni Shah for appellant is present.
None present for respondent.
Ld. counsel for appellant submits that the parties are still trying to settle the matter. As and by way of last opportunity time is granted. It is made clear that if the matter is not settled by next date, it shall be heard finally. Appellant to inform respondent about the order passed today as well as the next date of hearing.
Infact there is nothing on record to show that the respondent had served in the matter. Ld. counsel for appellant submits that the affidavit of service would also be filed by next date.
Adjourned to 13.10.2021 for Affidavit of service and Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv. Aneesa Cheema i/b DSK Legal for appellant is present and files affidavit of service. TOR and marked as Exh.2.
Mr. Pravin Ramchandra Nizare, Clerk of respondent is present and files Vakalatnama of Adv. B. D. Dhongade for respondent No.1 and 2. TOR and marked as Exh.3.
Both sides are unable to state whether possession is given and the representative of the respondent seeks two months time in the matter. It is submitted by the Ld. counsel for appellant that settlement could not be through. The respondent is directed to ensure that reply and R and P be filed by next date and a responsible officer is deputed in the matter.
Adjourned to 30.10.2021 for Reply and R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: Ld counsel Mr. Parag Khandhar a/w Adv. Saloni Shah i/b DSK Legal for appellant is present.
Adv. B. D. Dhongade for respondent is present.
Mr. Mohan Sharma, Assistant Studio Manager for respondent is present.
Both sides on instructions submit that the possession is already handed over on 03.03.2017 and the appeal is restricted to quantum of damages. Ld. counsel for respondent seeks time to file R and P.
Adjourned to 25.11.2021 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv. Saloni Shah i/b DSK Legal for appellant is present.
Mr. Mohan Sharma, Assistant Studio Manager, for respondent is present.
By consent, adjourned to 01.12.2021 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv. Nehal Gaikwad h/f DSK Legal for appellant is present.
None present for respondent.
Adjourned to 14.12.2021 for R and P.
L.O.
Adv. B. D. Dhongade for respondent is present and submitted that he want to file an application raising the issue of jurisdiction. Appellant has already taken the date therefore respondent is directed to serve the copy of the application to the appellant and appellant to file reply.
Respondent files application. TOR and marked as Exh.4.
Already adjourned on 14.12.2021 for Reply on Exh.4.
Next Purpose: REPLY
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Adv. Nehal Gaikwad i/b DSK Legal for appellant is present.
Adv. B. D. Dhongade for respondent is present.
At the request of appellant, matter is adjourned to 04.01.2022 for Reply on Exh.4.
Next Purpose: REPLY
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Nehal Gaikwad i/b DSK Legal for appellant is present.
Adv. B. D. Dhongade for respondent is present.
Ld. advocate of the appellant requested for date. Already matter is adjourned on the request of the appellant twice. It is a small matter which is pending due to the repeated adjournment. Hence last chance is granted.
Adjourned to 25.01.2022 for Reply on Exh.4.
Next Purpose: REPLY
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Nehal Gaikwad h/f DSK Legal for applicant is present and files reply on application (Exh.4). TOR and marked as Exh.4-A.
Adv. B. D. Dhongade for respondent is present.
Adjourned to 22.02.2022 for R and P and Hearing on Exh.4.
Next Purpose: AWAITING R AND P
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Nehal Gaikwad for appellant is present.
Mr. P. R. Ninawe, Junior Steno for respondent is present.
Representative of respondent submitted that his counsel is not well and he has to scrutinies R and P before filing. Hence requested for date.
Adjourned to 17.03.2022 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: COURT IS ON LEAVE TODAY.
Adv. Aneesa Cheema i/b DSK Legal for appellant present.
Adv. B. D. Dhongade for respondent is present.
Adjourned on 04.04.2022 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Appellant and advocate absent.
Adjourned on 21.04.2022 for R and P.
Later on
Adv. Saloni Shah for appellant is present.
Next Purpose: AWAITING R AND P
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Saloni Shah i/b DSK Legal for appellant is present.
Adv. B. D. Dhangade for respondent is present.
Respondent seeks time to file R and P.
Adjourned on 16.06.2022 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 16-06-2022
Date: 16-06-2022
Business: COURT IS VACANT.
None present for appellant.
Adv. B. D. Dhangade for respondent is present.
Adjourned on 23.06.2022 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: Adv.Dhongate for respondent is present.
None for appellant.
KB..
Lo at 11.37 a.m.
Adv.Dhongate for respondent is present and filed application filing seeking time for filing R & P.
Copy is served to other side.
Matter is adj for filing R & P to 01/07/2022.
Next Purpose: AWAITING R AND P
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Aneesa Cheema for appellant is present.
Adv. B. D. Dhangade for respondent is present.
Issue notice to respondent for sending Record and Legal Proceeding.
Adjourned on 14.07.2022 for RLP.
Next Purpose: AWAITING R AND P
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Saloni Shah i/b DSK Legal for appellant is present.
None present for respondent.
Adjourned on 28.07.2022 for RLP.
L.O.
Adv. B. D. Dhangade for respondent is present and filed address of Competent Authority from whom RLP is to be called. TOR and marked as Exh.6. O - Call RLP from the concerned court.
Already adjourned on 28.07.2022 for RLP.
Next Purpose: AWAITING R AND P
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Sayali Diwadkar i/b DSK Legal for appellant is present.
Adv. B. D. Dhongade for respondent is present
R and P is waited.
Adjourned on 19.08.2022 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Sayali Diwadkar i/b DSK Legal for appellant is present.
Adv. B. D. Dhongade for respondent is present.
R and P is awaited.
Direction is given to the counsel for respondent to file R and P.
Adjourned on 12.09.2022 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Sayali Diwadkar for appellant present.
None present for respondent.
Adjourned on 28.09.2022 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Sayali Diwadkar i/b DSK Legal for appellant is present.
Adv. B. D. Dhongade for respondent is present.
Exh.7 - Application filed by respondent. TOR.
The application is filed by the respondent that the R and P is with Competent Authority. The appellant has not made party to Competent Authority. The appellant has informed that the appellant is going to take the steps. Matter is adjourned.
Adjourned on 04.11.2022 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Pranita Saboo i/b DSK Legal for appellant present.
None present for respondent.
Issue letter to the Competent Authority to file Record and Proceeding. Hamdast allowed.
Adjourned on 08.12.2022 for R and P.
L.O.
Adv. B. D. Dhongade for respondent is present.
Next Purpose: AWAITING R AND P
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Not on Board. Taken on Board.
Mr. Mallapa Naik, Peon attached to Competent Authority, Old Custom House, Mumbai is present and produced original R and P alongwith two xerox copy. R and P is taken on record.
Already adjourned on 08.12.2022.
Next Purpose: AWAITING R AND P
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Pranita Saboo i/b DSK Legal for appellant is present.
None present for respondent.
Copy of R and P served to appellant.
Adjd on 16.01.2023 for Hearing on Exh.4 and Final Arguments.
L.O.
Adv. B. D. Dhongade for respondent is present.
Copy of R and P served to respondent.
Already adjourned on 16.01.2023 for Hearing on Exh.4 and Final Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-01-2023
Date: 16-01-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Dharam Jumani a/w Adv. Pranita Saboo and Adv. Drishti Bajaj i/b DSK Legal for appellant is present.
Adv. B. D. Dhongade for respondent is present.
Adjourned on 10.02.2023 for Final Arguments alongwith Exh.4.
Fixed as per the request of Ld. counsel for respondents.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Dhawan Jumani a/w Adv. Sabai Shah for appellant is present.
Adv. Tejas Pawaskar h/f Adv. Dhongade for respondent present.
Advocate for respondent prays for time after 7th of March. Time granted. Adjourned on 10.03.2023 for Arguments and Hearing on Exh.4.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Mihir Nerurkar a/w Adv. S. Shah for appellant present.
Adv. Pooja Jadhav for respondent present.
By consent Matter adjourned to 19-04-2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: None for appellant.
Adv.B.D.Dhongade for respondent present.
Adjourned on 14.06.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-06-2023
Date: 14-06-2023
Business: CORAM - HIS HONOUR THE 2nd ADDL. PRINCIPAL JUDGE,
SHRI. R. N. ROKADE (C.R. NO.54)
(Matter pertains to CR No.19.)
Adv. Saloni Shah i/b DSK Legal for appellant present.
Adv. B. D. Dhongade for respondent is present and filed affidavit in reply to the appeal. TOR and marked as Exh.8. O- Filed.
Copy supplied to other side.
Adjourned on 10.07.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-07-2023
Date: 10-07-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
None present for parties.
Adjourned on 01.08.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
None present for parties.
Keep for passing order at 03.00pm.
Later on at 11.52am.
Adv. Dharam Jumani a/w Adv. Saloni Shah i/b DSK Legal for appellant present.
Adv. B. D. Dhongade for respondent present.
Both sides present.
By consent fixed on 24.08.2023 for final Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Dharam Jumani i/b DSK Legal for appellant present.
None present for respondent.
Adjourned on 20.09.2023 for Arguments.
Later on
Adv. B. D. Dhongade for respondent present.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-09-2023
Date: 20-09-2023
Business: COURT IS ON LEAVE TODAY.
Adv. Dharam Jumai i/b JSK Legal for appellant present.
Adv. B. D. Dhongade for respondent present.
Adjourned on 11.10.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-10-2023
Date: 11-10-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Pranita Saboo i/b DSK Legal for appellant present.
None for the respondent.
Adjourned on 02.11.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-11-2023
Date: 02-11-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Dharam Jumani along with Adv. Pranita Saboo, Adv. Parshva Shah i/b DSK legal for appellant present.
Adv. B. D. Dhongade for respondent present.
Court is busy in school visits. Hence adjourned.
Adjd for final arguments to 30/11/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Dharam Jumani a/w Adv. Parshva Shah h/f DSK Legal for appellant present.
Adv. B. D. Dhongade for respondent present.
Misc. Application (Exh.4) is filed challenging the jurisdiction of this court on territorial basis that branch of Dindoshi will have jurisdiction. Keeping this question open at the time of final hearing, in view of Sec.7(5) of the Maharashtra Government Premises Eviction Act. Adjourned on 04.01.2024 for Final Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-01-2024
Date: 04-01-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Tapan Rodkar i/b DSK Legal for appellant present.
None present for respondent.
Adjourned on 24.01.2024 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Tapan Rodkar i/b DSL Legal for appellant present.
None present for respondent.
KB
Later on 12.10pm
Adv. Anirudh Yadav h/f Adv. Bharat Dhongade for respondent present.
In the morning sessions when the matter was called out advocate holding for the advocate submitted that the counsel is on the way and would be available at 12.00 noon. The matter was kept back. It is past 12.00 noon and the counsel is absent and the advocate is also absent when called out. Adv. Yadav present for the respondent at 11.30am. And expresses that his counsel is out of station and unable to argue the matter. It is sorry state of affairs that when the matter is fixed for final arguments such practices is being adopted even though the dates are fixed by convenient of parties. In such circumstances matter is adjourned for passing orders to 12.02.2024.
Later on at 01.10pm.
Adv. Dharam Jumani i/b DSK Legal appears for appellant and tenders apology for unable to remain present and assures that matter will be conducted on next date. Hence matter is posted for Arguments/Order.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Pranita Saboo i/b DSK Legal for appellant present.
None present for respondent.
Advocate for appellant prays for time on personal ground of the counsel. Matter is again prayed for adjournment This is one of the oldest matter pending in this court. Granted as last chance. No further dates would be given. Appellant to take steps to see that the matter goes on, if not further orders would be passed.
Adjourned on 22.02.2024 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-02-2024
Date: 22-02-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Dharam Jumani a/w Adv. Mihir Nerurkar and Adv. Tapan Redkar i/b DSL Legal for appellant present.
Adv. B. D. Dhongade for respondent present.
Written submissions filed by appellant. TOR and marked as Exh.9.
Heard final arguments of Adv. Jumani for appellant and Adv. Dhongade for respondent.
Adjourned on 02.03.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Tapan Redkar i/b DSK Legal for appellant present.
Adv. B. D. Dhongade for respondent present.
Adjourned on 04.03.2024 at 03.00pm for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Pranita Saboo i/b DSK Legal for appellant present.
None present for respondent.
Adjourned on 05.03.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 05-03-2024
Date: 05-03-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Pranita Saboo i/b DSK Legal for appellant present.
Adv. B. D. Dhongade for respondent present.
Judgment pronounced in open court.
Exh.10 - Judgment.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal No.5 of 2021 is partly allowed.
2. The order so far as it relates to possession and unauthorised occupation is confirmed.
3. The order so far as it relates to the calculation of arrears, damages and compensation is hereby set aside.
4. The matter is remanded back to the concerned Competent Authority for hearing on this aspect afresh.
5. The parties to appear before the Competent Authority on 3rd of April 2024.
6. The Authority namely the Respondent to file a detailed claim of arrears, damages, compensation, if they so desire.
7. The appellant is at liberty to reply to the said pleadings within six weeks thereafter and the Respondent is permitted to lead evidence/s if they desire on that aspect with right of cross-examination to the appellant.
8. The appellant is permitted to give rebuttal evidence/s if any.
9. The competent authority to hear the parties and then decide the same accordingly.
10. Record and proceedings be returned.
11. Inform concerned Competent Authority.
Nature Of Disposal: OTHERWISE
Disposal Date: 05-03-2024
