Date: 26-05-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon\\\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Adjd to 28.10.2020 for Reply
Next Purpose: REPLY
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Business: Adv. Mr. Fauzdar for plaintiff present and tendered original Notice of Motion no.1416 of 2020 with affidavit in support of Notice of Motion. TOR.
Adv. Mr. Amonkar for defendant no. 2 present
Adjd to 10.11.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-11-2020
Date: 10-11-2020
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.Adv. J. K. Master for plaintiff present.
Adv. Amankar for defendant no. 2 present and filed reply to NM No.
Adv. Salean for def. no. 3 and 4 present.
Adjd to 03.12.2020 for NM rejoinder/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: Adv. J. K. Master for plaintiff present.
Adv. Manmohan Amolkar for defendant no. 2 present.
Adv. Nidhi Salion for def. no. 3 and 4 present.
On oral request of Ld. Adv. for plaintiff matter is adjourned.
Adjd to 15.01.2021 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Adv. Amonkar for defendant no. 2 present.
Adv. Danawala for defendant no. 3 and 4 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 NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Purazar Fouzdar for plaintiffs present.
Adv. Manmohan Amonkar for defendant no. 2 present.
Adv. Shaunak Gokhale for defendant no. 3 and 4 present.
On oral request of Ld. Adv. for defendants adjournment granted.
Adjd to 08.04.2021 for NM rejoinder/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Mentioned by praecipe. NOB. TOB.
Adv. S. M. A. Sahid for plaintiff present.
Issue writ of summons to the defendants for answering the claim and settlement of issues.
Adjd to 08.04.2021 for service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Adv. Mr. J. K. Master for plaintiff present
Jr. of Adv. for defendant present
In view of office order No. 73/2021 dtd. 06.04.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021 restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned.
Adjd. to 23.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021
Date: 08-04-2021
Business: Adv. Mr. J. K. Master for plaintiff present
Jr. of Adv. for defendant present
In view of office order No. 73/2021 dtd. 06.04.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021 restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned.
Adjd. to 23.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021
Date: 08-04-2021
Business: Adv. Mr. J. K. Master for plaintiff present
Jr. of Adv. for defendant present
In view of office order No. 73/2021 dtd. 06.04.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021 restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned.
Adjd. to 23.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021
Date: 08-04-2021
Business: Adv. Mr. J. K. Master for plaintiff present
Jr. of Adv. for defendant present
In view of office order No. 73/2021 dtd. 06.04.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021 restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned.
Adjd. to 23.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021
Date: 08-04-2021
Business: Adv. Mr. J. K. Master for plaintiff present
Jr. of Adv. for defendant present
In view of office order No. 73/2021 dtd. 06.04.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021 restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned.
Adjd. to 23.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: SERVICE
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: At. 11.01 am
Adv. Mr. J. K. Master along with Adv. Mr. Fouzdar for plaintiff present.
None for defendants.
Heard adv. for plaintiff. He argued about the urgency of the case. There are five notice of motions. The plaintiff desires to carryout the repairs so as to stop leakage of the rain water. Considering the present season of heavy rains the notice of motion of plaintiff is to be heard.
Defendant to appear before the Court to argue on next date and/or argue through video conference.
Adjd for NM hearing to 22/07/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for argument of deft. no. 2.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-07-2021
Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for argument of deft. no. 2.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-07-2021
Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for argument of deft. no. 2.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-07-2021
Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for argument of deft. no. 2.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-07-2021
Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for argument of deft. no. 2.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021
Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for argument of deft. no. 2.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: At 11.01 am
Adv. Mr. Purazar Fouzdar along with Adv. Radhika Motiani for plaintiff present.
Kb L. O at 11.25 am
Adv. Manmohan Amonkar along with Adv. Jacob Kadantot for defendant No. 2 present.
Adv. for defendant No. 2 filed additional affidavit of defendant No. 2 in NM No. 4736/19. t.o.r.
Adv. for plaintiff filed additional affidavit of plaintiff No. 2 in NM No. 4736/19. t.o.r.
Heard arguments of Adv. for defendant No. 2 partly.
Adjd for further NM arguments to 28/07/2021
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Adv. Jamsheed Master along with Adv. Mr. Fouzdar for plaintiff present.
Adv. Manmohan Amonkar for defendant No. 2 present.
Pursis filed by Adv. for plaintiff and Adv. for defendant No. 2 dt. 28.07.2021. t.o.r.
FRSR the following order is passed in NM No. 4736/19 in suit No. 1609/13
ORDER
In view of the above pursis as the parties agree to get the repairs done from MHADA the notice of motion stands disposed of as withdrawn.
The pursis filed by the parties is part of the notice of motion and be annexed to this order.
FRSR the following order is passed in NM No. 1228/2020 in suit No. 1609/13
ORDER
Advocate for defendant No. 2 orally stated that as per instructions the defendant does not desire to proceed with the notice of motion. Hence notice of motion is disposed of as withdrawn.
Nature Of Disposal: WITHDRAWL
Disposal Date: 28-07-2021