Date: 09-10-2020
Business: None for the plaintiff
Adv. for Ms.Nazia for defendant no.1 present.
Ld. advocate Asadullah Shaikh for defendant no.2 present
Registered notice of motion 1407 and 1408 of 2020 are tendered by Ld. Counsel for defendant no.1
Application for grant of adjournment of the plaintiff was received by e-mail.
ORDER
Considering the reason, application is allowed.
The matter is adjd for reply to notice of motion to 9.11.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Business: Ld. advocate Panjwani for the plaintiff present. He tenders notice of motion no.1480 of 2020 alongwith affidavit of service of notice of motion. The matter is adjd to 17/12/2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv. Panjwani for plaintiff present.
Adv. Sara for deft. no.1 present.
Adv. Chirag Balsara along with Adv. Asadulla Shaikh and Adv. Vedang Mehta i/b. AAK Legal for deft. no.2 present.
Last chance is granted to plaintiff to file reply to N/M No.1394/20, 1407/20 and 1408/20.
Ld. counsel for deft. nos.1 and 2 submitted that plaintiff has not served his N/M to them. Plaintiff to take steps in that regard.
The matter is adjd for reply and hearing of N/M No.1394/20, 1407/20 and 1408/20 and compliance by plaintiff to 11.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv. Mohsin Panjwani for plaintiff present.
Adv. Nazia Khan for deft. no.1 present.
Adv. Cherag Bansara along with Adv. Asadullah Shaikh and Adv. Mehta i/b. AAK Legal for deft. no.2 present.
Application filed by Adv. for plaintiff for adjournment.
O. - Call say of defendants.
Adv. for defendants filed say.
ORDER BELOW EXH.10
Read application and say. Heard. The application is for adjournment as he seeks time to file reply to N/M filed by deft. nos.1 and 2. The reason given in the application is that wife of senior advocate expired on 04.03.2021 and he is out of town and unable to attend the Court proceedings. The application is objected on the count that Adv. on record is Mohsin Panjwani and he is available.
On last date, last chance was granted to plaintiff to file reply to N/M No.1394/20, N/M no.1407/20 and N/M No.1408/20. The tenor of the application shows that the wife of senior advocate expired but the name of the senior advocate whose wife expired is not mentioned. The advocate on record is available on whose request, last chance was granted to the plaintiff to file reply on above N/M\''s. The reasons assigned by the plaintiff are not just and probable hence application needs no consideration. Application (Exh.10) stands rejected. N/M No.1394/20, N/M no.1407/20 and N/M No.1408/20 to proceed without reply of plaintiff.
The matter is adjd for hearing on N/M No.1394/20, N/M no.1407/20 and N/M No.1408/20 to 29.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: Due to COVID-19, the matter is adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: P.O.is on leave. Matter adjourned on 07.10.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: None present for plaintiff.
Adv. Naziya Khan for defendant no.1 present.
Adv. Cherag Balsara a/w Adv. Shaikh and Adv. Mehta for defendant no.2 is present.
Order below NM No. 1407/2020
Perused the notice of motion which is supported by an affidavit Mr. Chetan Nage who is defendant no.1. As per order dtd. 11.03.2021 this notice of motion is proceeded without reply of the plaintiff. It is submitted that on 16.03.2020 the Adv.for defendant has appeared. In paras no. 4 to 8 of the affidavit in support satisfactorily reasons are mentioned for condoning the delay in filing the written statement. Even otherwise the defendant no.1 has already filed written statement along with notice of motion. For giving fair opportunity to defendant no.1 to contest the suit on merits and as written statement is already on record, in the interest of Justice I pass the following order-
ORDER
Notice of Motion No. 1407/2020 is allowed and made absolute interms of prayer clause (a) to (c) and the written statement which is filed on record by defendant no.1 be now marked as Exh.11. Notice of motion disposed of accordingly.
Heard Ld. Adv. Cherag Balsara in NM No. 1394/2020.
He has also placed reliance two case laws.
Last chance is granted to plaintiff for arguing NM No. 1394/2020.
Order below NM No. 1480/2020
Perused the notice of motion which is supported by an affidavit. In the notice of motion the same reliefs are claimed which are claimed in the main suit. Since long this notice of motion is pending. Today none appeared for the plaintiff. Considering the prayer clause of this notice of motion, which is similar to prayer clause of the plaint, and does not appears to be the relief in the form of temporary or other injunction, can not be considered in the way in which it is filed. Therefore Notice of Motion No. 1480/2020 also stands dismissed for want of prosecution.
Matter adjd for NM hearing on 29.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv. Naziya Khan for defendant no.1 is present.
Adv. Vedant Mehta for defendant no.2 is present.
CA of plaintiff Sahebrao Kadam is present.
On oral request of CA of plaintiff last chance granted for making submission on NM No. 1394/2020.
Matter adjd for NM hearing on 17.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: In view of Office Order No. 275/21, P.O. is attending 40hrs Mediation Training Programme, as a participant at Aurangabad,
Matter is Adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As per Office Order No. ''27 of 2022'', to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar and pay respect to the departed soul, this office has declared holiday today, therefore matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: P. O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: None for plaintiff.
Adv. Mr. Chirag Balsara for defendant No.2 present.
F.R.S.R. following order is passed
Common Order in NM No. 1394 of 2020 and 1408/2020
1. Notice of Motion No. 1408 of 2020 and Notice of Motion No. 1394 of 2020 are allowed and made absolute in terms of prayer clauses.
2. The plaint being title Suit No. 773 of 2019 is hereby rejected as per the provisions of Order 7 Rule 11(d) of the CPC.
3. No order as to Costs.
Order below Exh.1
In view of order in NM No. 1394 of 20 and NM No. 1408 of 2020 the plaint is rejected. Suit be removed from the board.
Nature Of Disposal: ALLOWED
Disposal Date: 22-04-2022