Rajiv Gandhi SRA Cooprative Housing Society ltd.VsShivmangal Developers +6 more

Date: 27-04-2021

Date: 14-07-2021

Date: 17-07-2021

Date: 17-09-2021

Date: 27-10-2021

Date: 05-01-2022

Date: 08-03-2022

Date: 02-05-2022
Business: Adv.Rajesh Dixit for plaintiff present.
Adv. Shah for defendant no. 1 present and seeks time to file reply.
Adv. Chandramore for BMC present.
Adv. Trivedi for SRA present.
Matter is adjd. to 20-06-2022 for reply as last chance.
Next Purpose: REPLY
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Court is busy in hearing N/m in SU 2414/21, hence Board discharged.
Matter is adjd.to 05-07-2022  for  reply.
Next Purpose: REPLY
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Adv. Rajesh Dixit h/f Adv. Tripathi for plaintiff present.
Adv. Trivedi for SRA/defendant no. 2 present.
Adv. Shardul for defendant no. 1 present and filed reply to Ch/s 895/21
Adv. for defendant no. 1 supply copy of reply to other party.
Matter is adjd.to  08-08-2022 for  hearing of Ch/s.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: court is on leave
Next Purpose: C/S  HEARING
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Adv. Rajesh Dixit for plaintiff present and filed rejoinder to CS 895/21. He submitted that deft.no. 1 file WS. but copy of WS not supplied to him.
Therefore deft.no. 1 is directed to supply the copy of WS to plaintiff before next date.
Adv. Trivedi for defendant no. 2/SRA present.
Adv.Chandramore for defendant no. 3/BMC present.
Matter is adjd. to 04.10.2022 for ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Adv. V. R. Tripathi for plaintiff present.
Adv. Dhrumil C. Shah a/w Adv. Natasha Dhing I/b Lex services for Deft.no. 1 present.
Adv. Trivedi present for defendant No. 2/SRA
The detail argument is required for decide NM. Hence, Matter is adjd. to 01.11.2022 for ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: Adv. Rajesh Dixit present for plaintiff
Adv. Dhrumil Shah a/w Natasha Dhing I/b Lex Services for deft.no. 1 present.
Adv. Trivedi for defendant no. 2/SRA present.
Matter is adjd. to 12.12.2022 for C/S HEARING.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: As Court is busy in hearing 40 years old matter i.e in Suit No. 6910/1978 and dictating judgment in Suit no. 650/2018. Hence, board is discharged. Matter is adjourned to 10.01.2023 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: As Court is busy in dictating order in suit no. 6910/1978 and Chamber summons no. 448/2020 in Suit No. 1559/08. Hence board is discharged.
Matter is adjourned to 13.02.2023 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: Adv. V.R. Tripathi for plaintiff present.
Adv. Natasha Dhing I/b Lex Services for Deft.no. 1 present.
Adv. Mr. Trivedi for Defendant No.2/SRA present
Adv. Chandramore for defendant/BMC present.
Heard Ld. Advocate for both the sides on Chamber Summons No. 895/21
Matter is adjourned to 27.02.2023 for Chamber Summons No. 895/21 order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 27-02-2023

Date: 27-02-2023
Business: Adv. Mr. Rajesh Dixit for the plaintiff is present.
Adv. Mr. Dhrumil C. Shah for defendant No.1 is present and filed the application for change the stage of Order on Ch/s. It is marked at Exh. 07. He also submitted that the plaintiff advocate is argued on the matter and the Jr. Advocate submitted the citations he going to argue in this matter and requested to change the stage. Therefore, it will better to call the say for the plaintiff.
Adv. Mr. Trivedi for defendant No. 2/SRA is present.
Matter is adjourned to 13.03.2023 for filing say on exhibit 07.
Next Purpose: REPLY
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: None present for plaintiff.
Adv. Mr. Trivedi for Defendant No.2/SRA present
Adv. Chandramore for defendant no.3/BMC present.
Matter is adjourned to 03.04.2023 for Reply.
LO at 3.51 pm
Adv. V.R. Tripathi for plaintiff present and filed reply affidavit and None present on behalf of defendant no. 1 who have filed application at Exh.7. Advocate for defendant Nos.2 and 3 are present. The argument of plaintiff was heard and matter kept for argument of defendant No. 1, but after giving sufficient opportunities defendant advocate absent for argument hence, his argument is taken to be heard and the application at Exh.7 filed for changing the stage for hearing Chamber Summons is hereby disposed off as there is no merits and matter is kept for Chamber Summons No. 895/21 for order.
Matter is adjourned to 03.04.2023 for Chamber Summons order
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: Adv. Rajesh Dixit for plaintiff present.
Adv. Mr. Trivedi for Defendant No.2/SRA present
Adv. Shardul Parekh for defendant No. 1 present.
KB for Chamber Summons No.895/21 order
LO at 3.57 pm.
F.R.S.R. the following order is passed on Chamber Summons No. 895 of 2021.
Order.
1.   Chamber Summons No. 895 of 2021 is hereby rejected.
2. Chamber Summons No. 895 of 2021 stands disposed of            accordingly.
Matter is adjourned to 23.06.2023 for NM reply/Hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: Adv. Mr. Rajesh Dixit for the plaintiff is present.
Adv. Mr. Dhrumil Shah for defendant no.1/MHADA is present.
Adv. Mr. Trivedi for defendant No. 2/SRA is present.
Adv. Ms.Chandramore for defendant No. 3/BMC is present.
Advocate for defendant no.1 seeks time to file reply on Notice of Motion.
Advocate for defendant no.1 submits that plaintiff should file affidavit stating whether, administator has been oppointed for the socity. Ld. advocate for plaintiff seeks time to take instruction.
Adjourned for NM reply to 21.08.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: Adv. Mr. V.R. Tripathi for the plaintiff is present.
Adv. Mr. Dhurmesh Shah for defendant No. 1 is present.
Adv. Ms. Chandramore for defendant No.3/BMC is present.
Adv. for the plaintiff submitted that no administrator has been appointed for the society.
Adv. for defendant No. 1 submitted that we have filed written statement and same be treated as our reply.
Matter is adjourned to 18.09.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Adv. Mr.Rajesh Dixit for the plaintiff is present.
Adv. Mr. Triwedi for defendant is present.
Adv. Chandrashekhar for BMC present.
As the Court is busy in hearing on NM No. 753/2019 in SU No. 2244/2019. Hence, board is discharged.
Matter is adjourned to 12.10.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: Adv. Mr. V.R. Tripathi for the plaintiff is present.
Adv. Mr. Bhandari h/f Adv. Trivedi for defendant No.2/SRA is present.
Adv. Ms. Chandramore for defendant No.3/BMC is present.
Adv. for defendant No. 2 sought adjournment by submitting that advocate on record is today not available. On his request matter is adjourned.
Matter is adjourned to 18.10.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2023

Date: 18-10-2023
Business: The Court is busy in hearing on NM No. 3158/2021 in SU No 2303/2021. Hence, board is discharged.
Matter is adjourned to 05.12.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: Adv. Mr. V.R. Tripathi for the plaintiff is present.
Adv. Ms. for defendant No. 1 is present.
Adv. Mr. Bhandari h/f Adv. Trivedi for defendant No.2 /SRA is present.
Adv. Ms. Chandramore for defendant No.3/BMC is present and seeks time to file NM reply. Time is granted.
Matter is adjourned to 16.01.2024 for NM reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2024

Date: 16-01-2024
Business: Adv. Mr.V.R.Tripathi for the plaintiff is present.
Adv. Mr.Trivedi for defendant no.2/SRA is present.
Adv. Mrs.Chandramore for defendant no.3/BMC is present.
Advocate for defendant no.3 seeks time to file Reply to NM. O-Time granted for today only.
Matter is adjourned to 13.02.2024 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2024

Date: 13-02-2024
Business: Adv. Mr.V.R.Tripathi for the plaintiff is present.
Adv. Mr.Dalal for defendant no.1 is present.
Adv. Mr.Trivedi for defendant no.2/SRA is present.
Adv. Mrs.Chandramore for defendant no.3/BMC is present.
Defendant no.3 failed to filed reply to NM No.1033/21.
Hence, no reply order passed against defendant no.3.
Matter is adjourned to 19.03.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2024

Date: 19-03-2024
Business: Adv. Mr.Prashan Kulkarni filed VN upon plaintiff marked at Exh-8.
Adv. Mr.Trivedi for defendant no.2/SRA is present.
Adv. Mrs.Chandramore for defendant/BMC is present.
Adv. for plaintiff seeks time for NM Hearing.
Matter is adjourned to 16.04.2024 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2024

Date: 16-04-2024
Business: discharged and matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2024

Date: 10-06-2024
Business: Adv. Mr. Prashant Kulkarni for the plaintiff is present.
Adv. Mr.Bhandari h/f Adv. Trivedi for defendant No.2/SRA is present.
Matter is adjourned to 08.07.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2024

Date: 08-07-2024
Business: Adv. Mr. Prashant P. Kulkarni for plaintiff is present
Adv. Mr. Bhandari h/f Adv. Mr. Trivedi for deft/SRA is present.
Matter is adjourned to 20.07.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-08-2024

Date: 16-08-2024
Business: As the Court is on leave.  Hence, board is discharged and matter is adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2024

Date: 23-09-2024
Business: Adv. Prashant Kulkarni present for plaintiff.
Advocate Rahul Rathod for defendant/BMC present.
Advocate Trivedi for defendant/SRA present.
Advocate Divya Dave for defendant no. 1 present and sought adjournment.
Matter is adjourned to 11/11/24 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2024

Date: 11-11-2024
Business: Adv. Prashant Kulkanri present for plaintiff and sought adjournment.
Advocate Rahul Rathod for defendant/BMC present.
Advocate Trivedi for defendant no. 5/SRA present.
Adv. Abhishek Rajput for defendant no. 1 present.
Matter is adjourned for NM hearing to 03/12/24.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2024

Date: 03-12-2024
Business: Adv. Prashant Kulkarni present for plaintiff.
Advocate Abhishek Rajput for defendant no. 1 present and sought adjournment.
Advocate Trivedi for defendant no. 2/SRA present.
Advocate Rahul Rathod for defendant no. 3/BMC present.
Matter is adjourned to 06/01/25 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2025

Date: 06-01-2025
Business: Adv. Prashant Kulkarni present for plaintiff.
Advocate Abhishek for defendant no. 1 present.
Advocate Trivedi for defendant no. 2/SRA present.
Advocate Rahul Rathod for defendant/BMC present and sought adjournment.
Matter is adjourned to 03/02/25 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2025

Date: 03-02-2025
Business: Adv. Prashant Kulkarni present for plaintiff.
Advocate Trivedi for defendant no. 2/SRA present.
Advocate Rahul Rathod for defendant no.3/BMC present.
Adv. for plaintiff seeks time to argue on NM. O- Time granted as last chance.
Matter is adjourned for NM hearing to 18/03/25.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2025

Date: 18-03-2025
Business: Adv. Prashant Kulkarni present for plaintiff and sought adjournment for NM hearing. O- Time granted as last chance.
Advocate Trivedi for defendant no. 2/SRA present.
Advocate Rahul Rathod for defendant no. 3/BMC present.
None present for other defendants.
Matter is adjourned to 05/04/25 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2025

Date: 05-04-2025
Business: Adv. Prashant Kulkarni a/w Adv.  Ritika Rajeev present for plaintiff.
Advocate Divya Dave for defendant no. 1 present.
Advocate Trivedi for defendant no. 2/SRA present.
Advocate Rahul Rathod for defendant no. 3/BMC present.
Court is busy in hearing argument H.Ct Time Bound matter Suit No. 2562/2019 and Suit No. 678/2019. Hence, matter is adjourned.
Matter is adjourned to 17/06/25 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2025

Date: 17-06-2025
Business: Adv. Prashant Kulkarni present for plaintiff and sought time. O- time granted.
Adv. Trivedi for deft. no. 2 present.
Adv. Rahul Rathod for defendant/BMC present.
Matter is adjourned to 21/07/25 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: Adv. Prashant Kulkarni present for plaintiff.
Advocate Dalal for defendant no. 1 present.
Advocate Trivedi for defendant no. 2/SRA present.
Advocate Rahul Rathod for defendant no. 3/BMC present.
Matter is adjourned for NM hearing to 15/09/25. (Afternoon session)
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2025

Date: 15-09-2025
Business: Adv. Prashant Kulkarni present for plaintiff.
Adv. Ohrumil C. Shah i/b Lex Services present for defendant no.1.
Adv. Trivedi for defendant no.2/SRA present.
Advocate Rahul Rathod for defendant no.3/BMC present.
Matter is adjourned to 17.11.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-11-2025

Date: 17-11-2025
Business: Adv. Prashant Kulkarni present for plaintiff.
Adv. Trivedi for defendant no.2/SRA present.
Adv. Rahul Rathod for defendant no.3/BMC present.
Matter is adjourned to 19.01.2026.
LO at 3.38pm
Adv. Sejal Joshi i/b Lex Services for defendant present.
Matter already adjourned to 19.01.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2026

Date: 19-01-2026
Business: Representative of Plaintiff present.
Adv. Rahul Rathod for defendant no.3/BMC present.
The Court is busy in dictating order on NM no.188/2020 in Suit no.3296/2018 and in RP no.80/2023. Hence, Matter is adjourned to 23.02.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2026

Date: 23-02-2026
Business: Plaintiff present.
Adv. Pranay Kothari i/b Lex Services for defendant no.1 present.
Adv. Rahul Rathod for defendant no.3/BMC present.
KB LO at 4.53pm
Adv.  for Plaintiff present.
Adv. Sejal Joshi a/w Adv. Pranay Kothari i/b Lex Services for defendant no.1 present.
With consent of both the parties, Matter is adjourned to 27.03.2026 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2026

Date: 27-03-2026
Business: As the Court is on leave. Hence, Board is discharged and the matter stands adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2026

Date: 30-04-2026
Business: As the Court is on leave.  Hence, Board is discharged and matter stands adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2026

Date: 02-07-2026
Business: Adv. Prashant Kulkarni present for plaintiff.
Adv. Dhruv Mishra i/b Lex Services for defendant no.1 present.
Adv. Rahul Rathod for defendant no.3/BMC present.
With consent of both the parties, Matter is adjourned to 13.08.2026 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2026

Date: 13-08-2026
Business: Adv. Ritika Rajiv present for plaintiff and submtited that Adv. Prashant Kulkarni on record is before Honorable High Court and unable to remain present. Considering submission, matter is adjourned.
Adv. Pooja Nagarthawar for defendant no.3/BMC present.
Matter is adjourned to 07.10.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2026

Date: 21-08-2026
Business: Not on Board. Taken on Board.
Letter is received from the Honble High Court in WRIT PETITION NO. 7226 OF 2023 (CORAM  SHARMILA U. DESHMUKH, J.)
DATE  JUNE 19, 2023.
P.C.
1.Challenge in the instant writ petition is to the order dated 3rd April 2021 passed by the City Civil Court, Mumbai in Chamber Summons No. 895 of 2021 in Suit No. 671 of 2021.
2.Heard learned counsel for the petitioners.
3.Learned counsel for the petitioner submits that the petitioners are the managing committee members of the respondent no.8- co-operative housing society, which has filed the suit in question. He would further submit that the petitioners being members of the said society, are the necessary and proper parties to the said suit.
4.The suit in question has been instituted by the SRA cooperative housing society of which petitioner Nos.1 to 4 are the managing committee members. Considering the decision of the apex Court in Daman Singh v. State of Punjab AIR 1985 SC 973, wherein the Apex Court has held that member of the society must speak through the society or rather, the society alone can act and speak for him qua the rights and duties of the society as a body. That being the settled position, in my view, the impugned order does not suffer from any infirmity. It is also to be noted that if the present application for being impleaded by an member is allowed, then, each and every member of the society would seek impleadment in the proceedings which are required to be filed by the co-operative society for and on behalf of its members.
5.In view of the above, there is cause for interference. Writ petition is accordingly dismissed.
6.Needless to state that it is always open for the petitioners to institute independent proceedings in event they seek any reliefs adverse to that sought by the society in these proceedings.
Original Letter dtd. 19.06.2023 is returned to the Department and copies thereof are taken on record.
Matter already adjourned to 07.10.2026 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2026

CHAMBER SUMMONS/100895/2021
NOTICE OF MOTION/101033/2021

Registration Number: 100671/2021
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 103923/2020
Filing Date: 16-07-2020
First Hearing Date: 27th April 2021
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE