MumabiMetropolitan REgional Development Authority (Misc. Appeal No. 166 ofVsThe Board of Trustees of Port Mumbai and Ors.

Date: 15-10-2020
Business: Adv. Nandita Shah I/b V. Thakers for appellant present.
Adv. Harsha Asnani I/b The Law Point for respondents No.1 and 2 present and files reply to NM 1417/2020. TOR and marked as Exh.6.
She is directed to serve copy of reply to NM to other sides.
Adv. Vishesh Kalra a/w Shubhangi Subhedar for respondent No.5 present. He already tendered registered NM 1417/2020 on previous date. He served copy of NM to Adv. for appellant.
Ld. counsel for appellant seeks time to file reply to NM 1417/2020. Time granted.
Adjourned to 26.10.2020 for reply to NM 1417/2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Business: Adv. Vishal Thaker a/w Adv. Nandita Shah h/f V. Thakers for appellant present.
Adv. Medhas Nambiar i/b The Law Point for respondent No.1 and 2 is present.
None present for respondent No.3 and 4.
Adv. Vishesh Kalra a/w Adv. Shubhnagi Subhedar for respondent No.5 is present.
Both side agree that the present appeal can be finally heard on next date as such adjourned to 04.11.2020 for Argument
L.O.
Ld. Counsel for appellant to comply the order passed in C/S No. 1583/18 impleading MMRDA
Ld. Counsel for the appellant also submits that respondent No.3 has expired and apart from respondent No.4 there is another heir to respondent No.3 and that he would take necessary steps to being him on record and serve him by next date.
Adjourned to 04.11.2020 for Final Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: Adv. Vishal Thaker a/w Adv. Nandita Shah i/b V. Thakers for appellant present.
Adv. Amir Arsiwala a/w Adv. Akshata Timmapur and Adv. Roopadaksha Basu i/b The Law Point for R/No.1 and 2 present.
None present for respondent No.3 and 4.
Adv. Vishesh Karla a/w Adv. Shubhangi Subhedar for respondent No.5 present.
Ld. advocate for appellant seeks time to implead MMRDA.
Serve legal heir of respondent No.3 and file reply to NM No.1417/2020.
Advocate for R/No.1 and 2 filed original R and P (File No.1 to 4)
Adjourned to 06.11.2020 for Compliance and Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Business: Adv. Vishal Thaker a/w Adv. Nandita Shah i/b V. Thakers for appellant present.
Adv. Amir Arsiwala a/w Adv. Akshata Timmapur and Adv. Harsha Asnani i/b The Law Point for respondent Nos.1 and 2 present.
None present for respondent Nos.3 and 4.
Adv. Vishesh Karla a/w Adv. Shubhangi Subhedar for respondent No.5 present.
Adv. for appellant tendered registered Chamber Summons No.620/2020. TOR.
Heard both the sides on Ch/S No.620/2020.
ORDER
  Appellant has taken out this chamber summons for bringing on record legal heirs of respondent No.3 and also to incorporate certain grounds and prayer in the appeal memo.
   Contesting respondents have no objection for bringing the heirs of respondent No.3 on record and as regards the other amendment sought, keeping open their rights to contest the grounds and the prayers, they have no objection to allow this amendment as well. This concession is given by these respondents in order to ensure expeditious disposal of the appeal.
   In such circumstances, chamber summons No.620/2020 is allowed in term of prayer clause(b).
   Amendment be carried out forthwith.
   Service be effected within one week.
Parties to be ready to argue the appeal positively on next date.
By consent of all sides, adjourned to 25.11.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Business: Adv. Vishal Thaker a/w Adv. Anjali Trivedi and Adv. Nandita Shah i/b V. Thakers for appellant present.
Adv. Amir Arsiwala a/w Adv. Harsha Asnani I/b The Law Point for respondent No.1 and 2 present.
None present for respondent No.3 and 4.
Adv. Vishesh Karla for respondent No.5 is present.
Ld. advocate for appellant to file affidavit of service in respect of service to the legal heirs of respondent No.3 thereafter the matter would be taken up for final hearing.
Adjourned to 26.11.2020 for Affidavit of Service and Final Hearing.
Next Purpose: HEARING
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: Adv. Vishal Thaker a/w Adv. Anjali Trivedi and Adv. Nandita Shah i/b V. Thakers for appellant present.
Adv. Roop Basu a/w Adv. Amir Arsiwala and Adv. Harsha Asnani I/b The Law Point for respondent No.1 and 2 present.
None present for respondent No.3-A and 4.
Adv. Vishesh Karla for respondent No.5 is present.
Affidavit of service to legal heirs of respondent No.3-A filed by advocate for appellant. TOR and marked as Exh.8.
Adjourned to 02.12.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: Adv. Vishal Thaker a/w Adv. Anjali Trivedi i/b V. Thakers Advocates for appellant present.
Adv. Amir Arsiwala a/w Adv. Roop Basu and Adv. Harsha Asnani i/b The Law Point for respondent No.1 and 2 present.
None present for respondent No.3 and 4.
Adv. Vishesh Karla a/w Adv. Shubhangi Subhedar for respondent No.5 present.
Adjourned to 05.12.2020 for Hearing at 11.00 am.
Next Purpose: HEARING
Next Hearing Date: 05-12-2020

Date: 05-12-2020
Business: Adv. Vishal Thaker a/w Adv. Anjali Trivedi i/b V. Thakers Advocates for appellant present.
Adv. Amir Arsiwala a/w Adv. Roop Basu and Adv. Harsha Asnani i/b The Law Point for respondent No.1 and 2 present.
None present for respondent No.3 and 4.
Adv. Vishesh Kalra a/w Adv. Shubhangi Subhedar for respondent No.5 present.
Heard arguments of all the sides.
At the request, adjourned for filing written submissions to 11.12.2020.
Next Purpose: HEARING
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: None present for appellant.
Adv. Harsha Asnani i/b The Law Point for respondent No.1 and 2 present.
None present for respondent No.3 and 4.
Adv. Shubhangi Subhedar for respondent No.5 present.
Since nobody appears for appellant. By way of last opportunity, adjourned to 15.12.2020 for Written Submissions.
L.O.
Adv. Anjali Trivedi i/b V. Thakers for appellant is present.
Next Purpose: HEARING
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Adv. Anjali Trivedi i/b V. Thakers Advocates for appellant present and filed written submissions. TOR and marked as Exh.9.
Adv. Harsha Asnani i/b The Law Point for respondent No.1 and 2 is present and filed written submissions. TOR and marked as Exh.10.
None present for respondent No.3 and 4.
Adv. Vishesh Kalra a/w Adv. Abhishek Salian i/b Adv. Shubhangi Subhedar for respondent No.5 is present and filed written submissions. TOR and marked as Exh.11.
Adjourned to 22.12.2020 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Adv. Anjali Trivedi i/b V. Thakers Advocates for appellant present.
Adv. Roop Basu a/w Adv. Harsha Asnani i/b The Law Point for respondent no.1 and 2 present.
None present for respondent No.3 and 4.
Adv. Vishesh Kalra a/w Adv. Shubhangi Subhedar for respondent No.5 is present.
F. R. S. R. Following order is passed.
ORDER
Misc. Appeal No.166 of 2019 stands dismissed.
In view of disposed off Misc Appeal No.166/19, Notice of Motion No.1417 of 2020 stands disposed off accordingly.
R and P be sent back.
Appellant files application for stay of the Judgment. TOR and marked as Exh.12.
However for the reasons stated in the Judgment I do not think it fit to grant further protection in the matter as such application is rejected.
Nature Of Disposal: DISMISSED
Disposal Date: 22-12-2020

Filing Number: 104866/2020
Filing Date: 08-10-2020
First Hearing Date: 15th October 2020
Decision Date: 22nd December 2020
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT