Date: 17-04-2018
Business: Adv. S.R. Patel for plaintiff present and tendered original notice of motion no.1337/2018 alongwith affidavit.
Adv. Suresh Rajeshwar for D-1 to 3 present and he undertakes to file VP on next date. He submits that he has not received the copy of notice of motion.
D-4,5 and 6 in person are present and they submit that they do not want to engage advocate and they will file written statement on next date.
Plaintiff is granted four weeks time as a last chance to remove the office objections.
A perusal of plaint shows that several pages are illegible and cannot be read. The plaintiff to replace the said pages with typed copies while removing office objections.
Ld. Counsel for plaintiff undertakes to serve copy of notice of motion no.1337/2018 to the Ld. Counsel for defendants.
Matter adj. for Compliance and NM Rely to 06.08.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-07-2018
Date: 06-07-2018
Business: already adjourned to 06.08.2018
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-08-2018
Date: 06-08-2018
Business: Matter adj. for Report of Registrar to 15.10.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-10-2018
Date: 15-10-2018
Business: Plaintiff in person present and states that his advocate is not available.
Adv. Rajeshwar for D-1 present.
Plaintiff is directed to remove all the office objections including the illegible pages as per order dated 17.4.2018.
Matter adj. to 23.01.2019 for Compliance.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-01-2019
Date: 23-01-2019
Business: Matter adj. for Reply and Hearing in NM to 28.03.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Matter adj. for NM Reply to 20.04.2019
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: Matter adj. for Compliance to 19.07.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: Adv. Patel for plaintiff present and filed affidavit of service. All the defendants are served.
Affidavit of service filed by Ld. counsel for plaintiff.
Defendant no. 1 present.
Adv. Falguni Kotak h/f Adv. Sohal E. Kazi for defendant no.1 present and filed VP and WS. Copy served on the plaintiff. She seeks time to file reply to NM
Vakalatnama filed by Ld. counsel for defendant no. 1.
Written statement filed on behalf of defendant no. 1.
Adv. Ravindra Singh for Defendant no. 2 to 6 present.
Heard both sides.
Ld. counsel for plaintiff took objection that on 17.04.18 Adv. Suresh Rajeshwar had appeared for D-1 to 3 and received copy of NM. Today, another advocate is appearing in his place, therefore defendant no. 1 may be asked as to whom he has engaged in this case.
When the Defendant no. 1 was asked, he made a statement that he represented by adv. Kazi. and VP is filed today.
In view of the above, adjournment granted for reply and hearing on NM.
Matter stands Adj for reply to NM on 08.08.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: Adv. Patel for plaintiff present.
Adv. Thakkar h/f Kazi for defendant no. 1 present.
Heard both sides.
Today, the matter is fixed for reply to NM by defendant no. 1. Ld. counsel for defendant no. 1 seeks time as a last chance. The above request is strongly opposed on the ground that delaying tactics are adopted by defendant no. 1. After considering the submissions made before the court last chance granted to Defendant no. 1 to file reply to NM, failing which Nm shall proceed without reply. Copy of reply shall be serve to the Ld. counsel for plaintiff well in advance before next date.
Matter stands Adj for reply to NM on 16.09.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Adv. Patel for plaintiff present.
Adv. Falguni Kotak for defendant no. 1 present and submitted that reply is ready but it is not affirmed. Hence, prayed for adjournment for today only. The request is strongly opposed by the Ld. counsel for plaintiff. He submitted that last chance was already granted to the defendant no.1, if the court is inclined to grant time to defendant no.1 ad-interim order may be passed in terms of prayer clause (a) and (b) of the NM.
Adv. Singh for defendant no. 2 to 6 present.
After hearing Ld. counsel for plaintiff, I am not inclined to pass any ad-interim order as on today, as hearing of both side would be necessary before passing any order on the interim relief.
Matter stands Adj for reply to NM and hearing on interim relief to 17.09.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: Adv. S. R. Patel for plaintiff present.
Adv. Thakkar h/f Adv. Kazi for defendant no.1 present and filed reply to NM. TOR.
Adv. Singh for defendant no. 2 to 6 present.
Matter stands Adj for NM hearing to 30.09.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Adv. S. R. Patel for plaintiff present.
Adv. Sohail Kazi for defendant no. 1 present.
Heard both sides on NM no. 1337/18.
Matter stands Adj for order on NM no. 1337/18 to 21.11.19.
Next Purpose: ORDER
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Plaintiff present.
Adv. Patel for plaintiff present.
Adv. Thakkar h/f Adv. Kazi for defendant no. 1 present.
FRSR following order is passed below
ORDER
1. Notice of Motion no. 1337 of 2018 is hereby partly allowed.
2. Defendant no. 1 and his agents, servants, representatives or any one representing on his behalf are hereby directed not to sell, transfer or dispose of or create any third party interest in respect of suit premises Shop no. ALH 316, near Chandrakala book depot (Rishabh ply and Decor), Nehru Nagar, S. G.Barve Marg, Kurla (E), Mumbai-400024, during pendancy of the suit.
3. Rest of the prayers made in this motion are rejected at this stage.
4. Hearing of the suit is expedited.
NM is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 21-11-2019