Date: 08-08-2019
Business: Matter adj. to 28/08/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: Adv. Mr. Prerak Choudhary for Appellant present.
Adv. Mr. Ayush Agarwal for Respondent present.
By consent matter adj. to 24/09/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: Adv. Mr. Prerak Choudhary for Appellant present.
Adv. Ali Antule Adv. Ms. Gami for Respondent present.
Vakalatnama filed by Advocate for the Respondent. O Filed.
By consent matter adj. to 08/11/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 08-11-2019
Date: 08-11-2019
Business: Adv. Harshal Mestri for appellant present.
Adv. Tulsi for respondent present.
By Consent and convenience of the parties, Adjd for Hearing to 29.01.2020.
Next Purpose: HEARING
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Adv. Jigar Kamdar i/b Adv. Prerak Chaudhary for appellant is present.
Adv. Arundhati Korale i/b Motiwalla and Co for respondent No.1 is present and seeks time to file reply on Stay Application.
None present for respondent No.2.
Awaiting R and P.
Adjourned to 27.02.2020 for Reply on Stay Application.
Next Purpose: REPLY
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Misc Application No.54/19 (Delay) is already disposed off by Court Room No.54 on 23.07.2019.
Adv. Prerak Choudhary for appellant is present.
Adv.Arundhati Korale i/b Motiwalla and Co for respondent No.1 is present and filed reply to stay application. TOR and marked as Exh.2-A.
At the request of advocate for respondent, adjourned to 07.03.2020 for Hearing on stay application.
Later on
Mr. Ramdas J. Pokharkar, Peon of BPT/respondent No.1 is present and filed original R and P File Nos.1, 2, 3(1, 2, 3), 4(1, 2) and 5.
Copy of R and P is served to Adv. Kaustubh Joshi for appellant.
Next Purpose: HEARING
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Business: Adv. Kaustubh Joshi i/b Adv. Prerak Choudhary for appellant is present.
Adv. Arundhati Korale for respondent is present.
Adjourned to 15.04.2020 for Hearing on Stay Application.
Next Purpose: HEARING
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 20-07-2020
Date: 20-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Due to Covid-19, both the parties are absent. Hence adjourned to 13/10/2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Business: Both sides absent.
Due to COVID-19, adjourned to 05.11.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 07.12.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None present for appellant.
Adv. Arundhati Korale i/b Motiwalla and Co for respondent present.
Since nobody appears for appellant, by way of last opportunity, matter adjourned to 04.01.2021 for hearing on Stay Application.
Next Purpose: HEARING
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: Adv. Prerak Choudhary for appellant is present.
Adv. Nikunj Mehta a/w Arundhari Korale for respondent present.
Parties agree to argue the matter finally on next date, adjourned to 30.01.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: Ms. Trisha Ranka, intern of Adv. Prerak Choudhary for appellant present.
Ld. counsel Mr. Nikunj Mehta a/w Adv. Arundhati Korale for respondent present and files reply to Misc Appeal. TOR and marked as Exh.4.
Appellant seeks time.
At the request of appellant, matter adjourned to 22.02.2021 for Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv. Trisha Ranka i/b Adv. Prerak Choudhary for appellant present.
Adv. Arundhati Korale for respondent is present and files adjournment application. TOR and marked as Exh.5.
Respondent files application for adjournment on the ground that certified copy of the proceeding before Estate Officer filed by the respondent is applied for and awaited. Time is granted subject to cost of Rs.1,000/- to be deposited to DLSA.
Adjourned to 17.03.2021 for Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-02-2021
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: Adv. Prerak P. Choudhary for appellant is present.
Ld. counsel Mr. Nikunj Mehta a/w Adv. Arundhati Korale h/f M/s. Motiwalla and Co for respondent present.
Both side seeks time.
Adjourned to 26.03.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv. Prerak P. Choudhary for appellant is present.
Ld. counsel Mr. Nikunj Mehta a/w Adv. Arundhati Korale h/f M/s. Motiwalla and Co for respondent no.1 present.
None present for respondent no.2.
Partly heard Adv. Prerak Choudhary 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: Adv. Trisha Ranka i/b Adv. Mr. Prerak Choudhary for appellant present.
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: Adv. Prerak Choudhary for appellant present.
Mr. Ganesh Pol Legal Assistant for respondent no. 1 present.
Due to COVID -19, adjourned to 24.06.2021 for Argument P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Adv. Prerak Choudhary a/w Adv.Trisha Lamba for appellant present.
Adv. Vishal Kurtukde i/b M/s. Motiwala and Co for R/1 present.
At the request of advocate for respondent, matter adjourned to 16.07.2021 for further hearing.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: Ld. Adv. Ms. Trisha Rampal for the appellant present.
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: Adv. Trisha Ranka h/f Adv. Prerak Choudhary for appellant present.
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: Adv. Prerak Choudhary for appellant is present.
Adv. Nikunj Mehta a/w Adv. Arundhati Korale for respondent/BPT present.
Since connected matter adjourned to 20.09.2021, this matter is also adjourned to 20.09.2021 for Further Arguments.
Both sides to address on the point whether the appellant was a necessary party before the Estate Officer.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv. Prerak Choudhary for appellant is present.
Ld. counsel Mr. Nikunj Mehta h/f M/s. Motiwalla and Co for respondent is present.
Ld. counsel for appellant submits that his wife has fractured hand today and as such seeks time.
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: Adv. Prerak Choudhary for appellant is present.
Adv. Nikunj Mehta a/w Adv. Arundhati Korale for respondent present.
Since connected matters is adjourned, this matter is also 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. Prerak Choudhary for appellant is present.
Adv. Nikunj Mehta i/b Motiwala and Co for respondent is present.
Both sides agreed to submit their 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. Sugyata Choudhary i/b Adv. Prerak Choudhary for appellant is present.
Adv. Vishal Kurtukade for respondent/BPT is present.
Both side 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. Prerak Choudhary for appellant is present.
Adv. Nikunj Mehta i/b Motiwala and Co for respondent is present and files written submissions. TOR and marked as Exh.6.
By consent, adjourned to 16.12.2021 for Arguments of both the sides and written submissions of appellant.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv. Prerak Choudhary for appellant is present.
Adv. Nikunj Mehta a/w Adv. A. M. Gonsalves for respondent/BPT is present.
Appellant files written submissions. TOR and marked as Exh.7.
By consent, Adjourned to 03.01.2022 for Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: CORAM : HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Trisha Ranka h/f Adv. Prerak Choudhary for appellant is present.
Adv. Ms. Annamaria Gonsalves for respondent is present.
Connected appeal 145/19 is also for hearing. Ld. advocate of the appellant in appeal 145/19 is suffering from viral fewer hence both the matters are adjourned to 13.01.2022 for Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Trisha Ranka h/f Adv. Prerak Choudhary for appellant is present and files adjournment application. TOR and marked as Exh.8.
Adv. Ms. Annamaria Gonsalves for respondent is present.
It is submitted that Ld. advocate for appellant is quarantined as he tested Covid positive. Matter at serial No.230 is connected matter, hence both matters are adjourned to 01.02.2022 for Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 01-02-2022
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. Prerak Choudhary for appellant is present.
Adv. Nikunj Mehta a/w Adv. Annamariya Gonsalves and Adv. Sneha Pandey for respondent No.1 is present.
Adv. Prajakta Angre h/f Adv. Sachin Gelye for respondent No.2 is present.
Heard final arguments of Adv. Choudhary for appellant.
Also heard 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: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Prerak Choudhary 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
