Date: 18-04-2019
Business: Advocate Satish Joshi for plaintiff present and filed original Notice of Motion no. 1349/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms. Mhatre for defendant/MCGM present.
KB
LO at 2.50 pm
Advocate Dhananjay Shukla for defendant no. 1,2 and 10 present.
He admits service of NM on him.
The case is adjourned to 11.06.2019 for NM reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-06-2019
Date: 11-06-2019
Business: Advocate Satish Joshi for plaintiff present and submitted affidavit of service TOR.
Advocate Ashutosh Shukla for Defendant nos. 1,2,4 and 10 present and submitted that he submits to the orders of the Court on NM no. 1349/19.
Advocate Ms. Mhatre for defendant no. 5 and 8 /MCGM present.
None else is present.
The case is adjourned to 28.06.2019 for order on NM.
Next Purpose: NM ORDERS
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: Advocate Satish Joshi for plaintiff present.
Advocate Ashutosh Shukla for defendants 1,2,4 and 10 present.
Advocate Mr. Giri for defendant /MCGM present.
The plaintiff has taken out Notice of Motion no.1349/19 seeking return of plaint and other proceedings in the present suit in view of provisions of Order 7 Rule 10 of CPC on the ground that after the amendment in the plaint, the valuation of the suit is more than Rs. 1 Crore. Since, the present valuation of the suit is beyond the pecuniary jurisdiction of this Court, the plaint be returned.
The advocate Mr. Shukla for defendants 1,2,4 and 10 and advocate Mr. Giri for defendant nos. 5,6,7,8 both submitted that they submit to the orders of the Court.
Perusal of copy of amended plaint reveals that the present valuation of the suit is of Rs. 1,01,79,594/-. It is beyond the pecuniary jurisdiction of this Court. Hence the order. -
ORDER
1. Notice of Motion No. 1349/19 is made absolute in terms of prayer clause (a).
2. The plaint and other proceedings mentioned in prayer clause (a) of NM No. 1349/19 be returned to the plaintiff for presentation to the Hon''ble High Court.
3. The Registry to do the needful.
Nature Of Disposal: ALLOWED
Disposal Date: 28-06-2019