Date: 16-10-2020
Business: Adv. M. V. Holmangi for plaintiff present and submitted that there are three suits having identical facts and in suit st. no. 4475/20, Adv. Gayatri Iyer is not feeling well, she is unable to come today and therefore, we could not prepare reply to NM no. 1425/20 and rejoinder to the reply to the draft NM filed by defendant. Therefore, he sought short adjournment today. Adjournment granted. He also seeks further time for register draft NM. Time extended.
Adv. Ekawade for defendant present and filed original NM No.1425/20 supported by affidavit.
Heard both sides regarding continuation of interim order.
Ld. counsel for defendant strongly opposed extension of EOC on the ground that defendant has taken objection to the jurisdiction of the court itself. However, considering the difficulties of the counsel for the plaintiff, adjournment has been granted. It is treated as a last chance. Hence, earlier order dated 11.09.2020 shall continue till next date.
Parties are directed to proceed with the matter on the next date and no further adjournment will be granted.
Sheristedar to provide authenticated Copy of today\''s roznama to the Ld. counsels for both the sides for information and compliance.
Matter stands Adj for reply to 29.10.2020.
Next Purpose: REPLY
Next Hearing Date: 29-10-2020
Date: 29-10-2020
Business: Adv. Holamagi for plaintiff present and filed original NM 1538/20 alongwith affidavit.
Adv. Shital Ekawade with Sanglikar for defendants present.
Ld. counsel for the plaintiff submitted that in connected matter i.e. St. 4475/20 Adv. Gayatri Iyer for the plaintiff is unable to file reply as she is suffering from illness. Therefore, he is also not in a position to file reply to NM taken up by the defendants in the present suit. He prayed for short adjournment.
Ld. counsel for the defendants has strongly opposed the request for adjournment on the ground that on earlier date i.e. 16.10.2020 this court had granted time to the plaintiff as a last chance and earlier order was continued. She specifically argued that the defendants have taken an objection to the jurisdiction of this court and therefore, interim order cannot be continued. It is liable to be vacated.
After hearing both the sides, short adjournment granted to the plaintiff to file reply on or before 02.11.2020, with a direction to the plaintiff to serve the copy of reply to the counsel for the defendants in advance on or before 02.11.2020. The matter stands adjourned for hearing on the NM to 04.11.2020.
In the circumstances, EOC dated 11.09.2020 shall continue till next date.
Matter stands Adj for hearing to 04.11.2020.
Next Purpose: HEARING
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: Adv. Holamagi for plaintiff present and filed reply to original NM No. 1425/20. Copy served on other side. TOR
Adv. Sanglikar a/w Ekawade for defendant present and took objections to the copies of reply supplied to her by the counsel for the plaintiff and submitted that the signatures of the parties and officer of the court are scored out. The copies are also not marked as TC and signed by the counsel.
After hearing both sides on the objections, Ld. counsel for the plaintiff is directed to attest the copies as True copy of the reply and counsel for the defendant have granted liberty to address the court regarding her objections in this regard at the time of argument on NM No. 1425/20.
Heard Ld. counsel for the defendant on the NM No. 1425/20. It is part heard. Court time is over. Hence, Matter stands Adj for hearing 06.11.2020 at 1.00 p.m.
Next Purpose: HEARING
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: Adv. Holmagi for plaintiff present.
Adv. Sheetal Ekawade for defendant present.
Heard Ld. counsel for defendant on NM regarding jurisdiction of the court. Arguments over.
Earlier order to continue till next date.
Matter stands Adj for arguments by Ld. counsel for plaintiff to 11.11.2020 at 12.00 pm.
Next Purpose: HEARING
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Adv. Holmagi for plaintiff present and submitted that he is ready to make his submissions on the point of jurisdiction of the court and it is discretion of the court whether to decide the objection to the jurisdiction of the court first, before proceeding on merits with the case.
Adv. Smt. Ekawade for defendant present and submitted that she has completed her arguments on the point of jurisdiction and it is for the plaintiff to argue on the same.
Court is busy in hearing st. no. 4660/20 on VC, as well as physical hearing before the court. Hence, it is not possible to take up hearing in this case.
Earlier order dated 11.09.2020 to continue till next date.
In view of the above, Matter stands Adj for further hearing on the of Jurisdiction(P.H.) to 25.11.2020.
Next Purpose: HEARING
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Adv. Holmagi for plaintiff present.
Adv. Shital Ekawade for defendant present.
Heard Ld. counsel for plaintiff at length on the NM.
For want of time oral submissions are incomplete. Hence, Matter stands Adj for further arguments on NM to 03.12.2020.
Next Purpose: HEARING
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: Adv. Holmagi for plaintiff present.
Adv. Sanglikar alongwith Shital Ekawade for defendant present.
Heard oral submissions of Ld. counsel for the plaintiff on the point of jurisdiction of this court, so also reply submissions made by the counsel for the defendant.
Ld. counsel for the plaintiff produced through compilation of documents in support of the oral submissions. Similarly, the counsel for the defendant also produced copies of appointment orders/ letter of the plaintiff in support of her submissions that the plaintiff was appointed on contract basis and his appointment has come to an end as per contract. The above submissions were countered by the counsels for the plaintiff and he submitted that the plaintiff is a confirmed employee of the Defendant No. 1 Trust.
Hearing of NM No.1425/20 is over.
Matter stands Adj for formal hearing regarding court queries if any to 10.12.2020
Next Purpose: HEARING
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Adv. Holmagi for plaintiff present.
Adv. Ekawade for defendant present.
There are no queries of the court in respect of the arguments heard on the last date.
Matter stands Adj for order on Nm no. 1425/20 to 15.12.2020.
Next Purpose: ORDER
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Adv. Holmagi for plaintiff present.
Adv. Ekawade for defendant present.
Court is busy in hearing other urgent matters.
Matter stands Adj for Order to 21.12.2020.
Next Purpose: ORDER
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: Adv. Holmagi for plaintiff present.
Adv. Ekawade for defendant present.
Court is busy in hearing other urgent matters.
Matter stands Adj for Order to 22.12.2020.
Next Purpose: ORDER
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Adv. Holmagi for plaintiff present.
Adv. Ekawade for defendant present.
Earlier order to continue till next date.
Court is busy in dictating orders in other urgent matters.
Matter stands Adj for order to 07.01.2021.
Next Purpose: ORDER
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv. Holmagi for plaintiff present.
Adv. Sheetal Ekawade for defendant present.
Court is busy in hearing other urgent matters.
Adjd for order to 13.01.2021.
Next Purpose: ORDER
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Adv. Gayatri Iyer h/f Holmagi for plaintiff present.
Adv. Sheetal Ekawade for defendant present.
Court is busy in hearing other urgent matters.
Adjd for order to 16.01.2021
Next Purpose: ORDER
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Adv. Gayatri Iyer h/f Adv. Holmagi for plaintiff present.
Adv. Sheetal Ekawade for defendant present.
Court is busy in dictating order in other urgent matters.
Adjd for order to 22.01.2021.
Next Purpose: ORDER
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Adv. Holmagi for plaintiff present.
Adv. Sheetal Ekawade for defendant present.
Court is busy in dictating order in other urgent matters.
Adjd for order to 29.01.2021.
Next Purpose: ORDER
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv. Holmagi for plaintiff present.
Adv. Ekawade for defendant present.
Court is busy in hearing other urgent matters and recording evidence in NDPS spl. Case 26/19.
Adjd for order to 05.02.2021.
Next Purpose: ORDER
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Holmagi for plaintiff present.
Adv. Ekawade for defendant present.
Court is busy in recording evidence in other urgent matters.
Adjd for order to 06.02.2021.
Next Purpose: ORDER
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Adv. M. V. Holmagi for plaintiff present.
Adv. Nilima Sanglikar with Adv. Shital Ekawade for defendant present.
F. R. S. R. the following order is passed
Operative part
1.Notice of Motion No.1425/2020 in Suit (St.)No.4473/2020 is hereby allowed and made absolute.
2.The plaint in Suit (St.) No. 4473/2020 is hereby rejected under Order-VII Rule 11(d) of CPC on the ground that jurisdiction of this court is impliedly barred by the provisions of Sec.81 of the Maharashtra Public Universities Act,2016.
3.A decree shall be drawn up accordingly.
4.In the circumstances of the case, there shall be no order as to costs.
5.In view of order passed in Notice of Motion No.1425/2020 in this Suit(St.), the Notice of Motion moved by the plaintiff i.e. N/M No.1539/2020 does not survive and it is also disposed of accordingly. Similarly, pending NM in the suit(stamp), if any, are disposed of as infructious.
6.The orders regarding interim relief passed by this court on N/M 1425/20 and continued from time to time stands vacated.
7.Suit(St) be registered for statistical purpose.
Ld. counsel for plaintiff submitted that plaintiff want to prefer an appeal. Therefore, he orally prayed for staying the effect in operation of this order till the appeal period is over and for continuation of interim relief granted by this court and continued till today.
The ld. Counsel for defendant opposed the submissions on the ground that such relief cannot be granted. Hence, oral prayer may rejected.
After hearing both the sides, I am of the opinion that since this court has recorded finding that the suit claim has impliedly bared by law and this court has no jurisdiction, it is not possible to stay the above order and continue the interim relief granted in favour of the plaintiff.
However, issuance of certified copy can be expediated, if applied by the parties. It will serve the purpose.
Hence, issuance of certified copy expedited. .
It is pointed out by sheristedar that some corrections in the record on the part of ld. Counsel for both the sides would be necessary, to remove the discrepancy and to set CIS record right and tally with the record of the case. In view of the above, ld. Counsels for both the sides to carry out necessary correction under their signature and computer department is also directed to correct the CIS record, if found necessary.
Sheristedar is directed to provide authenticated copy of todays Roznama to the Ld Counsels for both the sides for information and doing the needful.
Nature Of Disposal: ALLOWED
Disposal Date: 06-02-2021
