Date: 08-04-2019
Business: Adv. Mr. Barot for Plaintiff present and tendered original ch/s no.735/19 with affidavit.
Adv. Shaista Hadi for Defendant present and filed adjd. Application for ch/s reply.
By consent the case is adjourned to 11.04.2019 for Ch/s reply.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-04-2019
Date: 11-04-2019
Date: 15-04-2019
Business: Advocate Mr. Barot for Plaintiff present.
Advocate Ms. Preet Wagle along with Shaista Hadi for Defendant present and submitted that matter be kept tomorrow for Chamber Summons haring. Considering submissions adjourned.
Case is adjourned to 16/04/2019 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: Advocate Mr. Barot for Plaintiff present
Advocate Ms. Samiksha Karani i/b advocate Charanjeet Chanderpal for Defendant present
heard Plaintiff advocate Mr. Barot who has referred orders passed by this Court in respect of appointment of Court Receiver who was directed to hand over possession of suit premises to Plaintiff as agent of Court receiver. Advocate Mr. Barot referred order passed by Hon\''ble High Court in AO and he has also referred the order passed by Hon\''ble Apex Court in SLP filed by Defendants. As Plaintiff is running his business and as electric meter was standing in the name of Defendant and as it is disconnected it is necessary to allow the Chamber Summons for permitting Plaintiff either to reconnect the electric meter from suit premises or to permit Plaintiff to have new electric meter in his name.
Defendants advocate submitted that Defendants have challenged order passed by this Court below Exh.10 by filing writ petition stamp no.9248/19. It is further argued that Plaintiff can not claim substantial reliefs by taking out Chamber Summons because Chamber Summons is to be filed only for amendment in the plaint and for other sub-quasi judicial functions of the Court.
In reply, Plaintiffs advocate submitted that as per City Civil Court Rules whenever the court receiver is appointed parties are required to take out Chamber Summons in respect of any reports of court receiver. Court has directed advocate Mr. Barot to point out the Court the rule from City Civil Court Rules to support his contentions.
Case is adjourned to 20/04/2019 for Compliance and order.
Next Purpose: C/S HEARING
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: None present for Plaintiff.
Advocate Ms. Vaibhavi Gala for Defendant present
Matter K.B. for compliance by Plaintiff.
L.O.
Advocate Mr. Barot for Plaintiff present produced xerox copies of Bombay City Civil Court Rules 1948 and particularly referred rule no.262 and argued that in view of said rule Plaintiff has to take out Chamber Summons for seeking directions to Court Receiver to give NOC to Plaintiff for obtaining electric connection at suit premises.
L.O. at 2.45 p.m.
Plaintiff present.
Advocate Ms. Vaibhavi Gala for Defendant present filed further notes of written arguments, t.o.r. O-Filed. Copy served to Plaintiff.
As Steno is not provided to the Court today, case is adjourned to 22/04/2019 for Order on Chamber Summons no.735/19.
Next Purpose: CH/S ORDERS
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Date: 25-04-2019
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 26-04-2019
Date: 26-04-2019
Business: Adv. Barot for Plaintiff present.
Adv. Samiksha Kanani for defendant present.
Heard both sides on Ch/s no.735/19.
Adj for Ch/s order to 02.05.2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 02-05-2019
Date: 02-05-2019
Business: Plaintiff is present. Adv absent.
K.B.
L.O.
As Court is busy in other matters, hence adj for order to 04.05.2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-05-2019
Date: 04-05-2019
Business: Plaintiff is present. Adv absent.
Adv. Vaibhavi Gala for Defendant present.
FRSR following order is passed in Ch/s 735/19.
ORDER
1. Chamber Summons No.735 of 2019 is allowed as under.
a) Receiver i.e. In-charge Registrar, City Civil Court is directed to issue no objection certificate in favour of Plaintiff to enable him to apply for new electricity connection in suit premises on satisfying that Plaintiff has executed agency agreement and indemnity bond as per his undertaking. He is further directed to inform service provider that they have to consider application which would be made by Plaintiff for installing electricity meter and providing electricity supply to suit premises in accordance with rules on own merits.
b) Receiver i.e. In-charge Registrar, City Civil Court, Mumbai to submit report whether Plaintiff has executed an agency agreement in pursuance of order dtd.18.03.19.
2) Accordingly, chamber summons is disposed off.
Adj for compliance to 21.06.2019.
Nature Of Disposal: ALLOWED
Disposal Date: 04-05-2019
