Date: 09-04-2019
Date: 10-04-2019
Business: Adv Sachin Gele for the appellant present.
respondent and his adv. absent.
Order on request for ad-interim relief made in the said application exhibit-2 in M.A.No.112/19
F.R.S.R following order is passed on application Exh.2
ORDER
1. By way of ad-interim relief the impugned order is stayed till next date on condition that within 15 days the appellant shall deposit 10 percent of the amount of Rs.13,36,04,980.39/- with the respondents.
2. Issue show cause notice to the respondents in respect of the appeal a well as in respect of the stay application.
Matter is adjd. to 26.04.2019 for report of service
Next Purpose: SERVICE
Next Hearing Date: 26-04-2019
Date: 26-04-2019
Business: Adv Sanjay for appellant present and has filed application for continuing the E.O of ad-interim stay ext. copy served on adv. of respondent.
Adv Tulsi for respondent present and has filed V.P. on behalf of respondent. TOR and marked as Exh.
K.B. at 2.45 p.m.
L.O. 3.20 p.m.
Same appearance.
Admittedly the appellant has deposited the cheque of Rs.23,00,000/- with the respondent. The respondent is at liberty to encash the said cheque, without prejudice to there rights in the appeal. In view of this Matter is adjd. to. 04.06.2019 for reply on appellant\''s application filed today. E.O to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 04-06-2019
Date: 04-06-2019
Business: Adv. for appellant absent.
Adv. for respondent present and has filed reply on application Exh.3, and submits that copy served on the appellant.
On request of Adv. for respondent ,Matter is adjd. to.18.06.2019 for reply to stay application and hearing on Exh.3.
Later ON at 3.30 pm.
Adv for appellant present.
adv for respondent present.
Adv for appellant has filed application for continuing earlier order stay. Copy served on adv for respondent.
Order on Application Exh. 5
Heard the parties. The earlier order is continued till next date.
Matter is adjd. to.18.06.2019 for reply to stay application and hearing on Exh.3 at 11.00 am.
Next Purpose: REPLY
Next Hearing Date: 18-06-2019
Date: 18-06-2019
Business: Adv. Sachin Gelye for appellant present and has filed Rejoinder.
Adv. for respondent absent.
As court busy in hearing time bound Misc appeal 114/19 to 130/19. Hence board is discharged.
Matter is adjd. to. 09/07/2019 for Reply.
Next Purpose: REPLY
Next Hearing Date: 09-07-2019
Date: 09-07-2019
Business: Adv. Mr. Sachin Appellant for Appellant present.
Adv. Mr. Nikuj Mehta for Respondent present and filed reply.
Legal Assistant Mr. Kazi from Mumbai Port Trust present.
By consent matter adj. to 18/07/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 18-07-2019
Date: 18-07-2019
Date: 26-07-2019
Date: 16-08-2019
Business: None present for Appellant.
Adv Mr. Metha is present for Respondent.
Mr. Kazi representative of BPT Mumbai present.
Matter adj. to 16/09/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Next Purpose: HEARING
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: Adv Mr. Sachin Gelye for appellant present.
Adv Ms. Tulsi Dhami for respondent present.
Mr. Kazi of BPT present.
On request of advocate for appellant matter is adjd. to 11.11.2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Date: 26-11-2019
Date: 11-12-2019
Business: Adv. Mr. Sachin Gelye for Appellant present.
Adv. Ms. Arundhati Korale for Respondent present.
Matter adj. to 22/01/2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Avd. V. V. Survey for appellant is present.
Adv. Arundhati Korale for respondent is present.
By consent, adjourned to 26.02.2020 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Date: 06-03-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Business: None present for appellant.
None present for respondent.
Due to pandemic Covid-19 the Government has announced lockdown till 30.06.2020, hence matter is adjourned to 01.07.2020 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-07-2020
Date: 01-07-2020
Date: 21-07-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: Due to Covid-19, both parties are absent, hence adjourned to 08.10.2020 for hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: Both sides absent.
Due to COVID-19, adjourned to 23.10.2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 25.11.2020 for hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 17.12.2020 for Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Date: 13-01-2021
Date: 30-01-2021
Date: 22-02-2021
Date: 24-02-2021
Business: By Precipe matter is taken on todays board.
Adv. Arpana Mhatre i/b Sachin Gelye for appellant is present.
Adv. Arundhati Korale i/b Motiwalla and Co for respondent is present.
By consent date is postponed to 20.03.2021 for Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: None present for appellant.
Ld. counsel Mr. Nikunj Mehta a/w Adv. Arundhati Korale h/f M/s. Motiwalla and Co for respondent present.
Since nobody appears for appellant, matter adjourned to 26.03.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Ld. counsel Mr. V. V. Surve a/w Adv. Sachin Gelye for appellant present.
Ld. counsel Mr. Nikunj Mehta a/w Adv. Arundhati Korale h/f M/s. Motiwalla and Co for respondent present.
Partly heard Ld counsel Mr. V. V. Surve for appellant.
Ld. counsel for respondent seeks time to satisfy whether the present matter would be covered by Dr. Suhas Pophle and both side also seeks time to satisfy whether notice to all occupants other than the lessee was required to be given.
Adjourned to 26.04.2021 for Arguments P/H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: None present for appellant.
None present for respondent.
Due to COVID-19, matter adjourned to 11.06.2021 for further hearing.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Business: None present for the appellant.
Mr. Ganesh Pol Legal Assistant for respondent no. 1 present.
Due to COVID -19, adjourned to 06.07.2021 for Argument P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Date: 16-07-2021
Business: None present for the appellant.
Ld. Adv. Ms. Motiwala for respondent present.
Due to heavy rain, adjourned to 18.8.2021 for arguments(P.H.)
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: None present for appellant.
Adv. Arundhati Korale for respondent/BPT is present.
Adjourned to 03.09.2021 for Arguments P/H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: None present for appellant.
Adv. Nikunj Mehta a/w Adv. Arundhati Korale for respondent/BPT present.
Since nobody appears for the appellant by way of last opportunity, matter adjourned to 20.09.2021 for Further Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv. Sachin Geyle for appellant is present.
Ld. counsel Mr. Nikunj Mehta h/f M/s. Motiwalla and Co for respondent is present.
Since connected matter is adjourned to 06.10.2021, this matter is also adjourned to 06.10.2021 for further arguments of appellant.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: None present for appellant.
Adv. Nikunj Mehta a/w Adv. Arundhati Korale for respondent present.
Since nobody appears for appellant by way of last opportunity, adjourned to 27.10.2021 for further arguments of appellant.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. Sachin Geyle for appellant is present.
Adv. Nikunj Mehta i/b Motiwala and Co for respondent is present.
Appellant files additional compilation of documents alongwith list. List is taken on record and marked as Exh.10.
Both sides agreed to submit thei written submissions on next date after exchanging them among themselves. Adjourned to 18.11.2021 for Written Submissions and Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv. Sachin Gelye for appellant is present.
Adv. Vishal Kurtukade for respondent/BPT is present.
Appellant files written submissions. TOR and marked as Exh.11.
Copy served to other side.
Respondent seeks time to file written submissions.
Adjourned to 07.12.2021 for Written Submissions and Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv. Sachin R. Gelye for appellant is present.
Ld. counsel Mr. Nikunj Mehta a/w Adv. Ms. Gonsalves i/b Motiwala and Co for respondents is present.
Heard final arguments of both sides.
Respondent files written submissions. TOR and marked as Exh.12.
Since connected matter is adjourned to 16.12.2021, this matter is also adjourned to 16.12.2021 for further Arguments, if any.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv. Sachin Gelye for appellant is present.
Adv. Nikunj Mehta a/w Adv. A. M. Gonsalves for respondent/BPT is present.
Since connected matter is adjourned to 03.01.2022, this matter is also adjourned on 03.01.2022 for Further Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Date: 13-01-2022
Date: 01-02-2022
Business: Adv. Preral Choudhary for Appellant is present and she requested for time to submit her written submission.
Adv. Ms. Anna Gonsalves for Respondent No. 1 present.
Adv. Ms. Prajakta Angre h/f Adv. Sachin Gelye for Respondent No. 2 present.
Ld. advocate for the Appellant has already filed his written submissions. Both matters are connected matters. Hence, adjourned to 17/02/2022 for Arguments P/H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Prajakta Angre h/f Adv. Sachin Gelye for appellant is present.
Adv. Nikunj Mehta a/w Adv. Annamariya Gonsalves and Adv. Sneha Pandey for respondent is present.
Appellant files additional compilation of documents alongwith list. List is taken on record and marked as Exh.13.
Heard final arguments of Ld. Adv. Mehta for respondent.
Adjourned on 01.03.2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Adv. Prajakta Angre h/f Adv. Sachin Gelye for appellant is present.
Ld. counsel Mr. Nikunj Mehta a/w Adv. Ms. Annamaria Gonsalves for respondent/BPT is present.
Exh.14 - Common Judgment in Misc. Appeal No.112/19 and 145/19.
F.R.S.R. Following order is passed.
ORDER
1. Misc Appeal No.112 of 2019 and Misc Appeal No.145 of 2019 are hereby dismissed with costs.
2. Original Judgment is kept in Misc. Appeal No.112 of 2019.
3. R and P be returned back to the respondent/BPT.
Nature Of Disposal: DISMISSED
Disposal Date: 01-03-2022