Date: 25-07-2019
Business: Adv. Mr.Piyush Raheja a/w Adv. Mr.Krishna Borkhute and Adv. Mr.Dharmesh Pandya i/b M/s.Ashwin Pandya and Assocaites for appellant is present and filed Vakalatnama at Exh.5. O - Filed.
Adv. Ms.Viveka Truman i/b The Law Point for respondent No.1 is present.
At the request of advocate for appellant, adjd. to 09.08.2019 for Service to respondent No.2 to 8.
Next Purpose: SERVICE
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Adv. Mr.Dharmesh Pandya i/b M/s.Ashwin Pandya and Associates for appellant is present and filed affidavit of service to respondent No.2 to 8. TOR and marked as Exh.5.
Adv. Mr.Mandar Bangale i/b The Law Point for respondent No.1 is present.
None present for respondent No.2 and 8.
Adjourned to 30.08.2019 for Reply.
Next Purpose: REPLY
Next Hearing Date: 30-08-2019
Date: 30-08-2019
Business: THE COURT IS ON LEAVE TODAY.
Adv. Dharmesh Pandya i/b M/s.Ashwin Pandya and Associates for appellant is present.
Adv. Mandar Bangale i/b The Law Point for respondent No.1 is present.
None present for respondent No.2 to 8.
Adjourned to 13.09.2019 for Reply.
Next Purpose: REPLY
Next Hearing Date: 13-09-2019
Date: 13-09-2019
Business: Adv. Dharmesh Pandya i/b M/s. Ashwin Pandya and Associates for appellant is present.
Adv. Mandar Bangale i/b The Law Point for respondent No.1 is present.
None present for respondent No.2 to 8.
At the request of advocate for respondent No.1, adjourned to 27.09.2019 for Reply to appeal.
Next Purpose: REPLY
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: P.O. HAS BEEN TO SUPREME COURT FOR OFFICIAL WORK.
Adv. Kajal Malkan i/b M/s.Ashwin Pandya and Associates for appellant is present.
Mr.Jatin Rammaiya, Tenant of appellant is present.
Adv. Roop Basu i/b The Law Point for respondent is present.
Mr.Kazi, Legal Assistant for respondent is present.
Adjourned to 23.10.2019 for Reply and R and P.
Next Purpose: REPLY
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Mr. Jatin Ramayya, tenant of appellant present.
Adv Mr . Mandar Bangale I/b The Law Point for respondent no.s1 and 2 present.
Mr. Kazi Legal Assistant of respondent nos. 1 and 2 present.
At the request of advocate for respondent adjd. To 13.11.2019 for reply to Appeal.
Next Purpose: REPLY
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Adv. Dharmesh Pandya i/b Ashwin Pandya and Associates for appellant is present.
Adv. Harsha Asrani i/b The Law Point for respondent No.1 and 2 is present and undertakes to file vakalatnama and reply on next date.
Mr. Kazi (Legal Advisor) for respondent No.1 and 2 is present.
None present for respondent No.3 to 8.
At the request of advocate for respondent, adjourned to 03.12.2019 for Reply and R and P as a last chance.
Next Purpose: REPLY
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: CORAM HHJ S.C.MORE 1ST ADDL. PRINCIPAL JUDGE C.R.NO.4.
Matter pertains to C.R.No.19.
Adv. Dharmesh Pande for appellant present.
Adv. Mandar for respondent No.1 and 2 present.
Exh.7V.P. filed by Adv. for respondent 1 and 2.
Last chance for filing reply by respondent is already granted. However, on oral request of adv. of respondent 1 and 2 one more chance granted for filing reply to 07/12/2019.
Next Purpose: REPLY
Next Hearing Date: 07-12-2019
Date: 07-12-2019
Business: Adv. Nikita Lad i/b M/s. Ashwin Pandya and Associates for appellant is present.
Adv. Harsha Aslani a/w Adv. Roop Basu i/b The Law Point for respondent No.1 and 2 is present and filed reply on behalf of respondent No.1. TOR and marked as Exh.8.
Mr. Aziz Mohd. Kazi (Legal Assistant) of respondent No.1 and 2 is present.
Adjourned to 19.12.2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv.Tejal Pandya i/b Ashwin Pandya and Associates for appellant is present.
Adv. Mandar Bangale i/b The Law Point for respondent is present.
Mr.Kazi (Legal Assistant) for MBPT is present.
At the request of advocate for respondent, adjourned to 08.01.2020 for R and P as a last chance.
Next Purpose: AWAITING R AND P
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Adv. Ms. Krishna i/b Ashwin Pandya and Associates for appellant is present.
Adv. Ayush Agarwal i/b The Law Point for respondent No.1 and 2 is present.
None present for respondent No.3 to 8.
Mr. A. M. Kazi (Legal Assistant) for respondent/MBPT is present.
Copy of R and P filed by advocate for respondent No.1 and 2.
Xerox copy of copy of R and P served to other side.
Respondent No.2 is directed to produce the original R and P by next date.
Advocate for appellant submits that appellant will file rejoinder to the reply of the respondent. Hence adjourned for R and P and rejoinder if any by next date.
Adjourned to 03.02.2020 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Adv. Tejal Pandya i/b M/s. Ashwin Pandya and Associates for appellant is present.
Adv. Medhas Nambiar i/b The Law Point for respondent is present and filed original R and P. Taken on record.
Appellant filed rejoinder to appellant. TOR and marked as Exh.9.
Adjourned to 05.03.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Adv. Piyush Raheja i/b M/s. Ashwin Pandya and Associates for appellant is present.
Adv. Harsha Asnani i/b The Law Point for respondent No.1 and 2 is present.
Advocate for appellant seeks to permission to file additional affidavit in rejoinder alongwith documents to which Ld. advocate for respondent objects on the ground that new documents cannot be taken on record.
Whether the contention of additional affidavit to rejoinder and documents can be read by the court, will be decided during the final hearing of the appeal. The leave is granted to the respondent to reply on it.
The additional affidavit in rejoinder is taken on record and marked as Exh.10.
Adjourned to 19.03.2020 for reply and hearing on Exh.10.
Next Purpose: REPLY
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: None present for appellant.
Adv. Medhas Nambiar for respondent is present.
At the request of advocate for respondent, adjourned to 08.04.2020 for Reply.
Next Purpose: REPLY
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Business: None present for appellant.
Adv. Harsha Asnani i/b The Law Point for respondent No.1 and 2 is present.
Due to COVID-19, adjourned to 15.10.2020 for Reply.
Next Purpose: REPLY
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: Both sides absent.
Due to COVID-19, adjourned to 09.11.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Business: None present for appellant.
Adv. Medhas Nambiar i/b The Law Point for R/1 and 2 is present.
Adjourned to 09.12.2020 for Reply.
Next Purpose: REPLY
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: None present for appellant.
Adv. Roop Basu i/b The Law Point for respondents present.
Advocate for respondent No.1 filed sur-rejoinder to additional rejoinder dt.04.03.2020. TOR and marked as Exh.11.
Adjourned to 05.01.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: Adv. Dharmesh Pandya I/b M/s. Ashwin Pandya and Associates for appellant is present.
Adv. Harsha Asnani h/f The Law Point for respondent is present.
At the request for Ld counsel for the appellant, by way of last opportunity, matter adjourned to 03.02.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Ld. counsel Mr. Piyush Raheja a/w Adv. Dharmesh Pandya and Adv. Niketa Lad i/b Ashwin Pandya and Associates for appellant present.
Adv. Roop Basu h/f The Law Point for respondent no.1 and 2 is present.
Heard Ld. counsel for applicant partly.
At the request of advocate for respondent, matter adjourned to 23.02.2021 for further Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Ld. counsel Mr. Piyush Raheja a/w Adv. Krishna, Adv. Dharmesh Pandya and Adv. Nikita Lad i/b Ashwin Pandya and Associates for appellant present.
Ld. counsel Mr. Amir Arsiwala a/w Adv. Roop Basu and Adv. Harsha Asnani for respondent/BPT present.
Advocate for appellant files list of dates and events. TOR and marked as Exh.12.
Advocate for appellant also files note on rent. TOR and marked as Exh.13.
Partly heard both the sides.
Ld counsel for respondent/BPT to make a statement about the amount outstanding in respect of the subject premises. In the meanwhile Ld. counsel for appellant, without prejudice to his right in the appeal seeks leave to make representation before the respondent/BPT for executing a fresh lease on fresh terms. If such a representation is made, respondent/BPT shall consider it on its own merits.
Adjourned to 16.03.2021 for further Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Krishna Borkute a/w Adv. Dharmesh Pandya i/b Ashwin Pandya and Associates for appellant present.
Adv. Harsha Asnani i/b The Law Point for respondent/BPT present.
Ld. counsel for respondent submits that the appellant has filed representation which is under consideration of respondent. She thus seeks time.
Adjourned to 31.03.2021 for further Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Adv. Dharmesh Pandya i/b Ashwin Pandya and Associates for appellant is present.
Adv. Harsha Asnani i/b The Law Point for respondents/BPT is present.
Ld. counsel for respondent submits that the representation filed by appellant has been rejected by the respondent in view of the policy guidelines of Central Government.
Adjourned to 15.04.2021 for further Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: COURT IS ON LEAVE TODAY.
(In view of Office Order No.79 of 2021 dt.12.04.2021, holiday is declared on 15.04.2021, hence matter is taken on todays board.)
Due to holidays declared on 12th, 15th, 16th, so also as per SOP dated 06.04.2021 the day 17th being Saturday declared as holiday, hence adjourned to 03.05.2021 for Further Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: None present for appellant.
Mr. Ganesh Pol, Legal Assistant for respondent/BPT is present.
Due to Covid-19, matter adjourned to 09.06.2021 for Further Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Business: Adv. Dharmesh Pandya i/b M/s. Ashwin Pandya and Associates for appellant present.
Adv Gaurav Jain I/b The Law Point respondents present.
Due to COVID -19, adjourned to 01.07.2021 for arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: Adv. Dharmesh Pandya I.b M/s. Ashwin Pandya and Associates for appellant is present.
Adv. Gaurav Jain i/b The Law Point for R/1 and 2 is present.
Due to COVID-19, matter adjourned to 26.07.2021 for further Hearing.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: Adv. Mr. Dharmesh Pandya i/b M/s. Ashwin Pandya and Associates for the appellant is present.
Adv. Mr. Gaurav Jain i/b The Law Point for respondent(MBPT) present.
Due to COVID-19, adjourned to 03.8.2021 for argument (P.H.)
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Adv. Dharmesh Pandya for appellant is present.
Mr. Ganesh Pol, Legal Assistant for respondent/BPT is present.
Since advocate for respondent is not present, matter adjourned to 03.09.2021 for Further Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Ld. counsel Mr. Piyush Rahja a/w Adv. Dharmesh Pandya i/b Ashwin Pandya and Associates for appellant present.
Adv. Harsha Asnani i/b The Law Point for respondent No.1 and 2 is present.
Since there is neither reasoning nor a finding that the appellant is unauthorized occupant as contended by the appellant. Ld. counsel for the respondent after arguing a matter for a while states that he is led by some other senior who would address on this point. Although such practice is neither healthy nor acceptable, by way of indulgence matter adjourned to 18.09.2021 for Further Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Ld. counsel Mr. Piyush Raheja a/w Adv. Dharmesh Pandya i/b Ashwin Pandya and Associates for appellant present.
Ld. counsel Mr. Amir Arsiwala a/w Adv. Roop Basu i/b The Law Point for respondents present.
Heard both the sides.
Judgment is dictated and pronounced in open court.
Exh.14 - Judgment
F.R.S.R. Following order is passed.
ORDER
1. Misc Appeal No.143 of 2019 is partly allowed.
2. Impugned order dated 7th December 2017 passed by the Estate Officer, Mumbai Port Trust is hereby set aside and the matter is remanded back for passing appropriate order in accordance with law.
3. Appellant shall appear before the Estate Officer on 14th October, 2021 and thereafter the proceedings shall be completed by the end of this year.
R and P be returned back to the respondent.
Nature Of Disposal: ALLOWED
Disposal Date: 18-09-2021
