Date: 26-04-2018
Business: Already adjd. on 20.06.2018.
Next Purpose: REJOINDER
Next Hearing Date: 20-06-2018
Date: 20-06-2018
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 17-07-2018
Date: 17-07-2018
Business: Matter is adjd. to 25.10.2018 for steps.
Next Purpose: C/S REPLY
Next Hearing Date: 25-10-2018
Date: 25-10-2018
Business: Matter is adjd. to.25.01.2019 for reply Ch/sum, reply on N/M No.1684/17, hearing on N/M No.734/18.
Next Purpose: C/S REPLY
Next Hearing Date: 25-01-2019
Date: 25-01-2019
Business: Matter is adjd. to. 18.03.2019 for reply Ch/sum, reply on N/M No.1684/17, hearing on N/M No.734/18.
Next Purpose: C/S REPLY
Next Hearing Date: 18-03-2019
Date: 18-03-2019
Business: Adv.Tripathi for plff. present and has tendered registered Ch/sum No.634/18 along with supporting affd. t.o.r. He has also filed 2 affds. of service of writ of summons on D/1 to 6 along with returned postal envelopes pertaining the writ of summons to the D/1 to 6 t.o.r
Adv. Madhur Surana for D/7 to 17 present.
Rest of the defts are absent though the Ch/sum is served on them as per affd. of plff.
On request of Adv. for D/7 to 17 Matter is adjd. to. 22.04.2019 for reply to Ch/sum No.634/18 and reply on N/M No.1684/17, hearing on N/M No.734/18.
L.O at 4.25 p.m
Adv. V.N. Sangare for SRA is present.
Rest of the parties are absent.
Matter is already adjd. to. 22.04.2019 for reply to Ch/sum No.634/18 and reply on N/M No.1684/17, hearing on N/M No.734/18.
Next Purpose: C/S REPLY
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Matter is adjd. to. 12.06.2019 for order in respect of service on rest of the respondents on Ch/sum and hearing on Ch/sum No.634/18
Next Purpose: C/S HEARING
Next Hearing Date: 12-06-2019
Date: 12-06-2019
Business: As court busy in hearing time bound appeals No. 114/19 to 130/19. Hence board is discharged.
Matter is adjd. to.15/07/2019 for NM Hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-07-2019
Date: 15-07-2019
Business: PO IS ON HALF DAY LEAVE. (SECOND SESSION)
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Advocate Mr. Viren Tripathi for Plaintiff present and submitted that for extension time may be granted for service of Chamber Summons upon proposed Defendants. Time extended till next date.
Advocate Mr. Shah for Defendant no.7 to 17 present
Case is adjourned to 13/03/2020 for filing affidavit of service.
Next Purpose: SERVICE
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: C/S REPLY
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: C/S REPLY
Next Hearing Date: 19-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: C/S REPLY
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: C/S REPLY
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 09-09-2020
Date: 17-08-2020
Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: C/S REPLY
Next Hearing Date: 03-11-2020
Date: 09-09-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: C/S REPLY
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: The P.O. is on leave. Hence matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 10-02-2021
Date: 25-01-2021
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 10-02-2021
Date: 25-01-2021
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 10-02-2021
Date: 25-01-2021
Business: Adv L.K. Tripathi for plff present.
Adv Pratiksha Koshe I/b Adv Parag Shah for defendant no.7 to 17 present.
Time extended for service of chamber summons till next date.
Adjd to 05.04.2021 for Ch/S Reply .
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. L. K. Tripathi for plaintiff present and tendered registered Ch/s No. 734/20 along with affidavit. Tor.
Adv. Madhu Surana for defendant no. 7 to 17 present.
On oral request of Ld. Adv. for defendant matter is adjourned.
Adjd to 24.02.2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv. L. K. Tripathi for plaintiff present.
Adv. Parag Shah for defendant no. 7 to 17 present and tendered reply to Ch/s No. 734/20. Copy served to other side.
Heard arguments of both side.
Adjd to 25.02.2021 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Nadeem Shama for plaintiff present.
None for defendant.
Order on Ch/s no. 734/20.
This is a Chamber summons for substituted service upon defendants no. 1 to 6 and respondents no. 28 to 41. It is contended by the plaintiffs that they tried to serve copy of Ch/s no. 634/2018 upon defendants no. 1 to 6 and respondents no. 28 to 41 but they could not be served on their last known address. It is therefore, the plaintiffs are seeking publication of the notice in the Marathi daily news paper Navshakti which is in circulation in the locality where these defendants and respondents reside.
The defendants no. 7 to 17 have resisted the prayers contending that the respondents are not necessary or proper parties to the suit, the plaintiffs are delaying a time bound suit, the addresses of those defendants and respondents are incorrect and therefore, no purpose will be served by publishing the notice in the news paper.
After going through the Ch/s and affidavit in reply and hearing both sides, it is evident that the plaintiffs have filed Ch/s no. 634/2018 to add respondents as defendants in the suit. It is also the matter of record that proposed respondents no. 18, 19, 20, 21, 22, 23, 24, 25, 26, 27 have appeared by filing vakalatnama of M/s. Eram Quraishi. Therefore, substituted service upon these respondents is not necessary.
In the affidavit along with Ch/s, the plaintiffs have stated that they tried to serve notice to the defendants no. 1 to 6 and respondents no. 28 to 41 on their last known addresses. But they were not available at the said addresses. From the above, it appears that the present address of these persons is not available to the plaintiffs. Due to the above the notices cannot be served in the ordinary way. The objection to the Ch/s is primarily based on merits of Ch/s no. 634/2018 and the same cannot be considered for deciding the instant ch/s. Therefore, following order is passed -
ORDER
1. The Ch/s no. 734/2020 is allowed.
2. The notice of Ch/s no. 634/2018 be served to defendants no. 1 to 6 and respondents no. 28 to 41 by publication of the notice in Marathi daily news paper Navshakti, a news paper circulating in the locality in which the defendants and respondents are last known to have actually resided.
3. Next date i.e. 01.04.2021 is fixed for appearance of defendants no. 1 to 6 and respondents no. 28 to 41.
Adjd to 01.04.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Adv. Mr. Tripathi for plaintiff present and tendered affidavit of service. t.o.r.
Adv. Ms. Shradha Prajapati I/b Adv. Mr. Parag Shah for defendants no. 7 to 17 present.
Adv. Ms. Shukla h/f Adv. Mr. Bharat Marchant for defendants no. 18, 19, 21, 26 and 27 present and filed Vakalatnama t.o.r.
Adv. Mr. Ramu Turai for defendants no. 20, 22, 23, 25 present.
Adjd to 21.06.2021 for Ch/sum Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 21-06-2021
Date: 21-06-2021
Business: Adv. Mr. Virendra Tripathi for plff present.
Due to Covid-19 pandemic, adjd. to 05.07.2021 for Ch.s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-07-2021
Date: 21-06-2021
Business: Adv. Mr. Virendra Tripathi for plff present.
Due to Covid-19 pandemic, adjd. to 05.07.2021 for Ch.s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-07-2021
Date: 21-06-2021
Business: Adv. Mr. Virendra Tripathi for plff present.
Due to Covid-19 pandemic, adjd. to 05.07.2021 for Ch.s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-07-2021
Date: 21-06-2021
Business: Adv. Mr. Virendra Tripathi for plff present.
Due to Covid-19 pandemic, adjd. to 05.07.2021 for Ch.s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: Adv.Virendra Tripathi for plff.present.
None for deft.
Exh. 2 Exh.2 Affidavit in reply of respondent no. 18,19,21 26 and 27
Exh .3 Exh.3 affidavit in reply of respondent no. 20,22,23 and 25
Adjd to 05/08/2021
Next Purpose: C/S REPLY
Next Hearing Date: 05-08-2021
Date: 05-07-2021
Business: Adv.Virendra Tripathi for plff.present.
None for deft.
Exh.2 Affidavit in reply of respondent no. 18,19,21 26 and 27
Exh.3 affidavit in reply of respondent no. 20,22,23 and 25
Adjd to 05/08/2021
Next Purpose: C/S REPLY
Next Hearing Date: 05-08-2021
Date: 05-07-2021
Business: Adv.Virendra Tripathi for plff.present.
None for deft.
Exh.2 Affidavit in reply of respondent no. 18,19,21 26 and 27
Exh.3 affidavit in reply of respondent no. 20,22,23 and 25
Adjd to 05/08/2021
Next Purpose: C/S REPLY
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Adv. Mr. Tripathi for plaintiff present.
Adv. Shraddha Prajapati I/b Adv. Mr. Parag Shah for defendant No. 7 to 17 present.
Adjd for Ch/s reply to 06/10/2021
Next Purpose: C/S REPLY
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Adv. L. K. Tripathi for plaintiff present.
Adv. For defendant No. 7 to 17 present.
The proposed defendants not appeared till date. Hence chamber summons will be decided on basis of reply of defendant No.
7 to 17.
Adjd for Ch/s hearing to 11/11/2021
Next Purpose: C/S REPLY
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv. L. K. Tripathi for plaintiff present.
Adv. Surana for deft No. 7 to 17 present.
Adv. Nadeem Shama For Respondent Nos. 18,19,21,26 and 27 present.
Adv.R. T. Turai For respondent Nos. 20,22,23,25,28 present.
Heard arguments of adv. Mr. L. K. Tripathi for plaintiff and adv. Mr. Madhur Surana for deft No. 7 to 17
Adv. Tripathi for plaintiff filed order passed by Honble Apex court in special leave petition in suit No. 1029/17.
Adjd for ch.s orders to 23/11/2021
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Adv. L. K. Tripathi for plaintiff present.
FRSR following order is passed in Chamber summons No. 634/18
ORDER
1. The Chamber Summons is partly allowed.
2. The proposed defendant no. 1 to 18 are impleaded as parties to the suit.
3. The plaintiff to carry out amendment and consequential amendment including para only in respect of defendant no. 1 to 18 within limitation.
4. Accordingly, the Chamber Summons is disposed of.
Nature Of Disposal: ALLOWED
Disposal Date: 23-11-2021