Date: 19-06-2019
Business: Adv. Ms. Saloni Shah for Plaintiff no. 3 present.
Adv. Ms. Sonal Ghiya for Defendant no.3 present.
Adv. Mr. Bharucha for Intervener present.
Adv. Mr. S.J. Khera for deft no. 6 and respondent no.1 to 3 present.
Adv. Mr. Pradip Vora representative of deft no.1 present.
Mr. Vitthal Dudhani, reference of Court receiver, High Court, Bombay is present.
Adv. Ms. Ghiya for deft no.3 submits that deft no.3 is not going to file reply on Ch/s no. 747/19, accordingly endorsement is given.
Parties to appear before to mediator on 26.06.2019.
Parties are consented for mediation.
Matter is adjd.for Ch/s reply on 16.07.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Court is on Leave
Next Purpose: C/S REPLY
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: Adv. Ms. Saloni Shah for plaintiff, prayed for adjd as terms of settlement are send to plff. and yet to receive the confirmation.
Adv. Mr. C. Bharucha, applicant in Ch/s no.747/19
Adv. Ms. Sanam Ghioa for defendant no.3 present.
Mr. Pradip Vora, representative deft no.1 and 2 present.
Adv. Mr. S.J. Khera for deft no.6 and respondent no.1 to 3
present.
Mr. Vitthal Dudhani representative of Court receiver, High
Court, Bombay.
Plff to note suit is 18 years old. Hence, longer date is given
as a last chance to finalize settlement.
Matter is adjd. for ch/s reply on 04.11.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Adv. Mr. Chirag Modi for plaintiff present.
Adv. Mr. Rohit Lalwani a/w adv. Ms. Reema Rajdev for Applicant in Ch/s no. 747/19.
Adv. Ms. Zinal Wani for deft no.3 present.
Adv. Mr. Khera for deft nos. 6 and respondent nos. 1 to 3 present.
It is notice that Exh.4 has been argued by both side and it was awaiting for order. Accordingly, roznama is corrected.
Matter is adjd. for Order on Exh.4 and reply on NM and
Ch/s on 15.11.2019.
Next Purpose: ORDER
Next Hearing Date: 15-11-2019
Date: 15-11-2019
Next Purpose: ORDER
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Adv. Mr. Chirag Modi for plaintiff present.
Adv. Mr. Rohit Lalwani a/w adv. Ms. Reema Rajdev for Applicant in Ch/s no. 747/19.
Adv. Ms. Jinal Wani for deft no.3 present.
Adv. Mr. Khera for deft nos. 6 and respondent nos. 1 to 3 present.
Mr. Pradeep Vora Representative of Defendant No. 1 and 2 present.
Adjd for arguments to 17/02/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Advocate for intervenor present.
None for plaintiff.
Advocate Jinal Vani I/b M/s Jhangiani Narula and Associates for defendant no. 3 present.
Advocate Nishit Patel for defendant no.1 and 2 present and filed pursis. t.o.r.
The plaintiff is directed to proceed on next date failing which the ch/s, N/M and Exh-4 will be heard and decided without argument of the plaintiffs.
Adj for Argument to 06/03/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv. Saloni Shah for plaintiff present.
Adv. Mahendra Ghelani I/b Law charter for defendant No. 1and 2 present.
Adv. Rohit Lalwani for applicant present.
Adv. Jinal Vani I/b Jhangiani Narula and Associates for Respondent No. 3 present.
Adv. for defendant No. 6 present.
Adjd for arguments to 02/05/2020
Next Purpose: ARGUMENTS
Next Hearing Date: 02-05-2020
Date: 02-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 22-05-2020
Date: 22-05-2020
Business: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Business: Due to lockdown, board is discharged.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: Adv. Bharucha for intervener present.
Matter adjd. to 07/12/2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: None for plaintiff.
Pradeep Vora - Representative of defendant no.1 and 2 present.
Adv Salik Khan with Adv Nishit Patel for defendant no.1 and 2 present.
Adv. S.J. Khera for defendant no.6 in HC NM no. 3503/2011, for defendant no.6 in HC CS No. 892/2019, for respondent no. 1 to 3 in HC CS no. 1442/2011 and for Mark Haven Tenants Association in Court Receivers Report 59/2019 submitted before this court is present.
Ld Adv S.J. Khera submits that today matter is for re-argument of Ex.04 filed for recalling the order dated 28-11-2015.
The Hon''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for hearing on application Ex.04 to 23-02-2021.
Next Purpose: HEARING
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: None for plaintiff.
Adv Ashwini Sonawane for respondent no.1 in CS 747 of 19 present.
Adv. Nishit Patel I/b Law charter for defendant no.1 and 2 present.
Adv. Jinal Vani for defendant no.3 present.
Adv Dharini Nagada h/f S.J. Khera for defendant no.6 in NM no. 3503 of 2011, for applicant in CS no. 892 of 2019, for respondent 1 to 3 in CS 1442 of 11, respondent no. 1 to 3 in NM no. 1540 of 11 present.
By consent, matter adjd for hearing on Ex.04 to 27-04-2021.
L.O. at 3.40 pm
Adv Saloni Shah for plaintiff present.
By consent, matter adjd for hearing on Ex.04 to 27-04-2021.
Next Purpose: HEARING
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation. As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded. As per Clause No. 4 of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
Matter adjd for Hearing to 10.07.2021.
Next Purpose: HEARING
Next Hearing Date: 10-07-2021
Date: 10-07-2021
Business: P.O. is on leave.
Next Purpose: HEARING
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: Adv. Saloni Shah for plaintiff present.
Adv. Nishit Patel I/b Law Charter for defendant nos. 1 and 2 present.
Ld adv for plaintiff sought time as senior counsel is not available.
Matter adjd for hearing on Ex.04 to 22-10-2021.
L.O. at 3.02 pm
Adv S.J. Kher for defendant no.6 and respondent nos. 1 to 3 present.
Matter adjd for hearing on Ex.04 to 22-10-2021.
Next Purpose: HEARING
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: NOBTOB
Ex.09 Court receiver report t.o.r. O- Seen.
Matter already adjd for hearing on Ex.04 to 22-10-2021.
Next Purpose: HEARING
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Adv. Saloni Shah for plaintiff present.
Representative of defendant no. 1 and 2.
defendant advocate absent.
Ex. 10 application filed by representative defendant no. 1 and 2.
O-Seen.
Matter adjd for CS and Nm hearing to 13.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2021
Date: 22-10-2021
Business: Adv. Saloni Shah for plaintiff present.
Representative of defendant no. 1 and 2.
defendant advocate absent.
Ex. 10 application filed by representative defendant no. 1 and 2.
O-Seen.
Matter adjd for CS and Nm hearing to 13.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2021
Date: 22-10-2021
Business: Adv. Saloni Shah for plaintiff present.
Representative of defendant no. 1 and 2.
defendant advocate absent.
Ex. 10 application filed by representative defendant no. 1 and 2.
O-Seen.
Matter adjd for CS and Nm hearing to 13.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2021
Date: 22-10-2021
Business: Adv. Saloni Shah for plaintiff present.
Representative of defendant no. 1 and 2.
defendant advocate absent.
Ex. 10 application filed by representative defendant no. 1 and 2.
O-Seen.
Matter adjd for CS and Nm hearing to 13.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: None present for plaintiff.
Adv. Sonam for defendant No.3 present.
Later on at 02.58 pm
Adv. Saloni Shah for plaintiff present.
Adv. Ashwini Sonawane for applicant in CS No.747/19 present.
Matter Adjd for Hearing on Exh.04 on 02/02/2022.
Next Purpose: HEARING
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: None for plaintiff and defendant present.
High Court Receiver Mrs. Meera Khaire and Mrs. Ujwala Sankpal present.
Heard Court Receiver on Exh.09.
Matter Adjd for order on Exh.09 on 23/02/2022.
Next Purpose: ORDER
Next Hearing Date: 23-02-2022
Date: 02-02-2022
Business: None for plaintiff and defendant present.
High Court Receiver Mrs. Meera Khaire and Mrs. Ujwala Sankpal present.
Heard Court Receiver on Exh.09.
Matter Adjd for order on Exh.09 on 23/02/2022.
Next Purpose: ORDER
Next Hearing Date: 23-02-2022
Date: 02-02-2022
Business: None for plaintiff and defendant present.
High Court Receiver Mrs. Meera Khaire and Mrs. Ujwala Sankpal present.
Heard Court Receiver on Exh.09.
Matter Adjd for order on Exh.09 on 23/02/2022.
Next Purpose: ORDER
Next Hearing Date: 23-02-2022
Date: 02-02-2022
Business: None for plaintiff and defendant present.
High Court Receiver Mrs. Meera Khaire and Mrs. Ujwala Sankpal present.
Heard Court Receiver on Exh.09.
Matter Adjd for order on Exh.09 on 23/02/2022.
Next Purpose: ORDER
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Mr. Laxman Madgundi representative of court receiver present.
Adv. Nishit Patel for defendant No.1 and 2 present.
Adv. Hilla Boatwalla for applicant in CS No.747/19.
Later on at 03.30 pm.
Adv. Saloni Shah for plaintiff present.
Adv. S. J. Khera for defendant No.6 and respondent No.1 to 3 High Court NM.
Ld. Adv. for defendant No.6 submitted that, the court receiver report has not been served to him.
The representative of court receiver had shown the copy of the email served to defendant No.6.
Ld. Adv. for applicant in CS No.747/19 not pressed the CS. O-Filed as not pressed.
Order below Chamber Summons No.747 of 2019
1. The CS No.747 of 2019 is disposed as accordingly
2. No order as to costs.
F.R.S.R. following order below Exhibit 09 in
S.C. Suit No.7609 of 2001 is passed-
1. Application Exh.09 is allowed.
2. M/s. Liz Investment Private Limited, Agent of Court Receiver, High Court, Bombay is directed to deposit the entire arrears of Royalty amounting to Rs.1,36,76,000/- towards the arrears of royalty for the period from July, 2019 to August, 2021 at the rate of Rs.5,26,000/- per month alongwith late fees as per rules within 3 months of this order.
3. On failure of depositing the arrears, the Court Receiver, High Court, Bombay is at liberty to take back possession of subject property from M/s. Liz Investment Private Limited as per rules.
4. Costs for this application shall be in cause.
Matter Adjd for hearing on 18/04/2022.
Next Purpose: HEARING
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: None present for plaintiff.
Adv. Jain I/b Law Charter for defendant No. 1 and 2 present.
Adv. Priyanka Pandey for defendant No.3 present.
Adv. S. J. Kera for defendant No.6 and Respondent No.1 to 3
Later on at 03.12 pm.
Adv. Saloni Shah for plaintiff present.
Matter Adjd for hearing on Exh.04 to 04/07/2022.
Next Purpose: HEARING
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: None present for plaintiff.
Representative of defendant No.1 present.
Adv. P. D. Gandhy for defendant No.3 present.
Mr. Laxman V. Madgundi, Representative of Court Receiver, High Court, Bombay present.
Draft Notice of Motion alongwith affidavit in support tendered by defendant No.3.
Order - Leave is granted to register the Notice of Motion.
Copy of draft NM supplied to Representative of defendant No.1 and 2 and court receiver today in court.
Later on at 02.53 pm.
Adv. S.J. Khera for defendant No.6 and respondent No.1 to 3 present
Matter Adjd for tendering original registered NM and Hearing on report on 10/08/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Adv. Kera for Defendant No.4 present.
Adv. Patel a/w Adv. Jain I/b Law Charter for defendant No.1 and 2 present.
Mr. Vikrant Dinkar Phatak Representative of Court Receiver, High Court, Bombay present.
Later on at 03.17 pm.
Adv.Saloni Shah for plaintiff present.
Adv. Nupur Shah for applicant in NM present.
Ld. Adv. for Applicant in NM tendered original registered NM No.2306/22. TOR.
Matter Adjd for hearing on Exh.04 on 26/09/2022.
Next Purpose: HEARING
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: None present for plaintiff.
Adv. Patel for defendant No.1 and 2 present.
Adv. S. J. Kera for defendant No.6 present.
Adv. Aishah for defendant no.3 present.
Mrs. Meera Khaire, Representative of Court Receiver, Bombay High Court present.
Adv. Nupur Shah for Applicant in NM No.2306/22 present.
Kb...
Later on at 03.12pm
Adv. Saloni Shah for plaintiff present.
Ld. Adv. for defendant no.6 sought time as he has not brought the brief.
Matter Adjd for hearing on Exh.04 and reply to NM No.2306/22 on 07/11/2022.
Next Purpose: HEARING
Next Hearing Date: 07-11-2022
Date: 26-09-2022
Business: None present for plaintiff.
Adv. Patel for defendant No.1 and 2 present.
Adv. S. J. Kera for defendant No.6 present.
Adv. Aishah for defendant no.3 present.
Mrs. Meera Khaire, Representative of Court Receiver, Bombay High Court present.
Adv. Nupur Shah for Applicant in NM No.2306/22 present.
Kb...
Later on at 03.12pm
Adv. Saloni Shah for plaintiff present.
Ld. Adv. for defendant no.6 sought time as he has not brought the brief.
Matter Adjd for hearing on Exh.04 and reply to NM No.2306/22 on 07/11/2022.
Next Purpose: HEARING
Next Hearing Date: 07-11-2022
Date: 26-09-2022
Business: None present for plaintiff.
Adv. Patel for defendant No.1 and 2 present.
Adv. S. J. Kera for defendant No.6 present.
Adv. Aishah for defendant no.3 present.
Mrs. Meera Khaire, Representative of Court Receiver, Bombay High Court present.
Adv. Nupur Shah for Applicant in NM No.2306/22 present.
Kb...
Later on at 03.12pm
Adv. Saloni Shah for plaintiff present.
Ld. Adv. for defendant no.6 sought time as he has not brought the brief.
Matter Adjd for hearing on Exh.04 and reply to NM No.2306/22 on 07/11/2022.
Next Purpose: HEARING
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: Adv. Saloni Shah for plaintiff present.
Adv. Jain for defendant No.1 and 2 present.
Ld. Adv. for plaintiff filed reply to NM No.2306/22.
Copy of NM reply supplied to Adv for defendant No.1 and 2 today in court.
Plaintiff to serve the copy of NM reply to defendant no.3 before next date.
Ld. Adv. for deft no.1 and 2 sought time to file reply to NM No.2306 of 2022.
Later on 02.53 pm.
Adv. Piyush Deshpande for applicant/Defendant No.3 present.
Matter Adjd for NM reply and hearing on Exh.04 on 12/12/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022
Date: 07-11-2022
Business: Adv. Saloni Shah for plaintiff present.
Adv. Jain for defendant No.1 and 2 present.
Ld. Adv. for plaintiff filed reply to NM No.2306/22.
Copy of NM reply supplied to Adv for defendant No.1 and 2 today in court.
Plaintiff to serve the copy of NM reply to defendant no.3 before next date.
Ld. Adv. for deft no.1 and 2 sought time to file reply to NM No.2306 of 2022.
Later on 02.53 pm.
Adv. Piyush Deshpande for applicant/Defendant No.3 present.
Matter Adjd for NM reply and hearing on Exh.04 on 12/12/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022
Date: 07-11-2022
Business: Adv. Saloni Shah for plaintiff present.
Adv. Jain for defendant No.1 and 2 present.
Ld. Adv. for plaintiff filed reply to NM No.2306/22.
Copy of NM reply supplied to Adv for defendant No.1 and 2 today in court.
Plaintiff to serve the copy of NM reply to defendant no.3 before next date.
Ld. Adv. for deft no.1 and 2 sought time to file reply to NM No.2306 of 2022.
Later on 02.53 pm.
Adv. Piyush Deshpande for applicant/Defendant No.3 present.
Matter Adjd for NM reply and hearing on Exh.04 on 12/12/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Adv. Anuj for plaintiff No.3 present.
Adv. Patel for defendant No.1 and 2 present.
Later on at 02.50 pm
Mrs. Meera Khaire, Representative of Court Receiver, Bombay High Court, Mumbai present.
Defendant No.16 is present.
Matter Adjd for say on Exh.12 on 01/02/2023.
Next Purpose: FILING SAY
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: Adv. Anuj Sawla I/b D. S. K. Legal for plaintiff No.3 present.
Mr. Laxman V. Madgndi, Representative of Court Receiver, High Court Bombay present.
Adv. Ashutosh I/b Law Charter for defendant No.1 and 2 present.
Adv. S. J. Kera for defendant no.6 present.
Adv. Deshpande for defendant no.3 present.
Ld. Adv. for defendant no.1 and 2 sought time as his senior advocate is unwell.
Ld. Adv. for plaintiff sought time for filing say. Time granted as a last chance.
Matter Adjd for filing say on Exh.12/hearing on 01/03/2023.
Next Purpose: FILING SAY
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: Court is on leave.
Next Purpose: FILING SAY
Next Hearing Date: 12-04-2023
Date: 01-03-2023
Business: Court is on leave.
Next Purpose: FILING SAY
Next Hearing Date: 12-04-2023
Date: 01-03-2023
Business: Court is on leave.
Next Purpose: FILING SAY
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: Adv. Anuj for plaintiff no.3 present.
Adv. Ashutosh for defendant no.1 and 2 present.
Adv. S. J. Kera for defendant no.6/respondent no.1 to 3 present.
Mrs. R. K. Rane, 2nd Assistant to Court Receiver, High Court Bombay present.
Representative of defendant no.1 present.
Exh.13 - Reply to Exh.12 on behalf of plaintiff No.3. TOR.
Copy of Exh.13 supplied to 2nd Assistant to Court Receiver today in court.
Ld. Adv. for defendant no.6/respondent no.1 to 3 sought time to file reply to Exh.11. Time granted as a last chance.
Heard 2nd Assistant to Court Receiver on Exh.11.
Defendant no.6 to file reply to Exh.11 and to argue on the same on next date.
Exh.14 - Printout of e-mail dt.07.04.2023.
Matter Adjd for reply to Exh.11 on 07/06/2023.
Next Purpose: REPLY
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: NOB/TOB
Exh.15 - Printout of email dt.14.04.2023. TOR.
Matter Adjd for reply to Exh.11 on 07/06/2023.
Next Purpose: REPLY
Next Hearing Date: 06-05-2023
Date: 06-05-2023
Business: By Praecipe
None present for plaintiff.
Adv. S. J. Khera for defendant no.3 present.
Exh.16 - Application for taking matter on today\''s board. O-Allowed.
Exh.17 - Vakalatnama on behalf of defendant no.3 alongwith NOC of earlier advocate. O-filed.
Matter already Adjd for reply to Exh.11 on 07/06/2023.
Next Purpose: REPLY
Next Hearing Date: 07-06-2023
Date: 06-05-2023
Business: By Praecipe
None present for plaintiff.
Adv. S. J. Khera for defendant no.3 present.
Exh.16 - Application for taking matter on today\''s board. O-Allowed.
Exh.17 - Vakalatnama on behalf of defendant no.3 alongwith NOC of earlier advocate. O-filed.
Matter already Adjd for reply to Exh.11 on 07/06/2023.
Next Purpose: REPLY
Next Hearing Date: 07-06-2023
Date: 06-05-2023
Business: By Praecipe
None present for plaintiff.
Adv. S. J. Khera for defendant no.3 present.
Exh.16 - Application for taking matter on today\''s board. O-Allowed.
Exh.17 - Vakalatnama on behalf of defendant no.3 alongwith NOC of earlier advocate. O-filed.
Matter already Adjd for reply to Exh.11 on 07/06/2023.
Next Purpose: REPLY
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: P.O. IS ON LEAVE
Next Purpose: REPLY
Next Hearing Date: 05-07-2023
Date: 07-06-2023
Business: P.O. IS ON LEAVE
Next Purpose: REPLY
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: P.O. is on Leave. Hence, matter is adjourned.
Next Purpose: REPLY
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: CORAM - H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 15)
Matter pertains to Court Room No.13.
N.O.B. T.O.B.
Letter received from Court Receiver, High Court, Bombay, dated 07.07.2023 for transferred BCC Suit No. 7609/2001 in any other competent court at marked Exh.18. The said letter put up before the Hon\''ble Principal Judge and when His Honour has been pleased to pass the following order -
Order - BCC Suit No. 7609/2001 transferred to Court Room No.15 on administrative ground. Therefore BCC Suit No. 7609/2001 be tranferred to Court No.15.
Matter is already adjourned for reply to Exh.11 on 28-08-2023.
Next Purpose: REPLY
Next Hearing Date: 28-08-2023
Date: 28-08-2023
Business: None present.
KB.
L.O. at 2.50 pm.
Adv.Anuj Savla present for plaintiffs.
Adv. Greeshma Thomas present for Defendant No.1 and 2, tendered reply to the NM 2306/22 TOR.
Adv. S.J. Khera present defendant No.3, tendered reply to the court receiver report no. 21/2022 TOR.
Laxman Madgundi representative of court receiver present. He pointed out the Court receiver No. 21/2022. It appears from the record as per the Exh 9 M/s Lease Investment Pvt. Ltd, agent of court receiver was directed to deposit entire amount of royalty in case of failure the receiver given liberty to take the possession from M/s Lease Investment Pvt Ltd. as per rule. It is submitted by court receiver that the company has not deposited of arrears not allowing to take posses. The court receiver to take all the steps to recover the arrears or possession as mentioned in the report 21/2022 prayer A to F. Hence, prayer A to F in Court Receiver report No. 21/2022 stands allowed.
The counsel for defendant no. 3 submitted they are in possession, they want to challenge the order at Exh.9 and seeking one week time. The receiver shall proceed as per order Exh.9 after one week i.e. 05-09-2023 promptly.
Defendant No.3 Advocate tendered draft NM @ affidavit TOR.
O-Leave granted to register.
tendered draft CS @ affidavit TOR.
O-Leave granted to register.
Copy served to the other side.
Matter stands adjourned for argument on 03-10-2023 at 2.45 pm.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: Adv. for plaintiff.
Adv. for defendant.
KB
L.O. at 2.45 pm.
Adv.Anuj Sarla i/b DSK legal for plaintiff.
Adv.Greeshno Thomas i/b Law charter for defendant No.1 and 2.
Adv. S.J. Khera present for defendant No.3 and No.6.
Court Receiver Laxman is present.
The Counsel of Defendant No.3,6 and LIZ investment has submitted the court receiver has not appeared to take the possession. Receiver submitted that the police protection still not granted by the police authorities. The Court Receiver is time granted to execute the order dated 23-02-2022 and 28-08-2023.
The Copy fo NM and CS is served upon plaintiff and court receiver and defendant No.1 and 2 on last date.
Matter stands adjourned for compliance and filing reply on
NM No. 3217/23 and CS No. 1531/23 on 02-11-2023.
Next Purpose: REPLY
Next Hearing Date: 21-10-2023
Date: 03-10-2023
Business: None present.
KB
L.O. at 2.45 pm.
Adv.Anuj Sarla i/b DSK legal for plaintiff.
Adv.Greeshno Thomas i/b Law charter for defendant No.1 and 2.
Adv. S.J. Khera present for defendant No.3 and No.6.
Court Receiver Laxman is present.
The Counsel of Defendant No.3,6 and LIZ investment has submitted the court receiver has not appeared to take the possession. Receiver submitted that the police protection still not granted by the police authorities. The Court Receiver is time granted to execute the order dated 23-02-2022 and 28-08-2023.
The Copy fo NM and CS is served upon plaintiff and court receiver and defendant No.1 and 2 on last date.
Matter stands adjourned for compliance and filing reply on
NM No. 3217/23 and CS No. 1531/23 on 02-11-2023.
Next Purpose: REPLY
Next Hearing Date: 21-10-2023
Date: 21-10-2023
Business: NOB TOB
Matter pertains to C. R. No.15
Adv. Rajashree Dedha h/f Adv. Ravindra Sakpal for defendant No.3 is present and filed application for taking case on todays board. It is marked as Exh-19. O-Allowed.
Adv for plaintiff is present.
Adv. Greeshma Thomas i/b Law Charter for defendant No.1 and 2 is present.
Mr. Rahul Powar, representative of Court Receiver from High Court is present.
Heard the parties. As per the submission of counsel for the defendant No. 3, the Court Receiver is taking the possession of the property on 23-10-2023. Representative of Court Receiver has not disputed that date 23-10-2023 is fixed for taking possession. Presiding officer is on leave. Defendant No.3 wants certain relief on the Notice of Motion that he has already moved. To decide the entitlement of the relief claimed by the defendant No.3 on the notice of motion, it requires full fledged hearing. The Court Receiver is directed not to take the possession till 26.10.2023.
Authenticated copy be given to the parties.
Matter is already adj to 02.11.2023.
Next Purpose: HEARING
Next Hearing Date: 26-10-2023
Date: 21-10-2023
Business: NOB TOB
Matter pertains to C. R. No.15
Adv. Rajashree Dedha h/f Adv. Ravindra Sakpal for defendant No.3 is present and filed application for taking case on todays board. It is marked as Exh-19. O-Allowed.
Adv for plaintiff is present.
Adv. Greeshma Thomas i/b Law Charter for defendant No.1 and 2 is present.
Mr. Rahul Powar, representative of Court Receiver from High Court is present.
Heard the parties. As per the submission of counsel for the defendant No. 3, the Court Receiver is taking the possession of the property on 23-10-2023. Representative of Court Receiver has not disputed that date 23-10-2023 is fixed for taking possession. Presiding officer is on leave. Defendant No.3 wants certain relief on the Notice of Motion that he has already moved. To decide the entitlement of the relief claimed by the defendant No.3 on the notice of motion, it requires full fledged hearing. The Court Receiver is directed not to take the possession till 26.10.2023.
Authenticated copy be given to the parties.
Matter is already adj to 02.11.2023.
Next Purpose: HEARING
Next Hearing Date: 26-10-2023
Date: 21-10-2023
Business: NOB TOB
Matter pertains to C. R. No.15
Adv. Rajashree Dedha h/f Adv. Ravindra Sakpal for defendant No.3 is present and filed application for taking case on todays board. It is marked as Exh-19. O-Allowed.
Adv for plaintiff is present.
Adv. Greeshma Thomas i/b Law Charter for defendant No.1 and 2 is present.
Mr. Rahul Powar, representative of Court Receiver from High Court is present.
Heard the parties. As per the submission of counsel for the defendant No. 3, the Court Receiver is taking the possession of the property on 23-10-2023. Representative of Court Receiver has not disputed that date 23-10-2023 is fixed for taking possession. Presiding officer is on leave. Defendant No.3 wants certain relief on the Notice of Motion that he has already moved. To decide the entitlement of the relief claimed by the defendant No.3 on the notice of motion, it requires full fledged hearing. The Court Receiver is directed not to take the possession till 26.10.2023.
Authenticated copy be given to the parties.
Matter is already adj to 02.11.2023.
Next Purpose: HEARING
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: By Praecipe Exh.20.
Adv. Anuj Savla present for plaintiff.
Adv.Greeshma Thomas present for defendant No.1 and 2.
Adv. R.V. Sankpal present for defendant No.3, tendered registered NM No. 3217/23 along with affidavit TOR. He also tendered VP TOR marked as Exh.21.
Court Receiver Laxman Madgundi of Bombay High Court present.
Counsel of defendant No.3 prayed for interim protection restraining the Court Receiver from receiving the taking possession.
As per the record the receiver was allowed to take possession of the subject property as per order on Exh.9 in order Roznama dated 23-02-2022 same order still is in existence. Instead of delivering possession, the defendants are playing tactics, it appears from Roznama dated 21-10-2023, they obtained interim order against the receiver from the In-charge Court. I am of the view that, without following the Order at Exh.9 no relief could be granted in favour of defendants. Hence, request for interim protection stands rejected. The receiver to take possession to the subject property as per order on Exh.9. Matter be fixed on 23-11-2023.
Matter stands adjourned for reply on 23-11-2023.
Next Purpose: REPLY
Next Hearing Date: 23-11-2023
Date: 23-11-2023
Business: None present.
KB.
L.O. at 3.00 pm.
Adv.Anuj Sarla present for plaintiff No.3.
Adv. Greeshma Thomas present for defendant No.1 and 2.
Adv.Kunal Patel i/b R.V. Sankpal present for defendant No.3, tendered pursis along with documents of NCLT order TOR marked as Exh.23 and Exh.24.
Court Receiver Mr.Laxman Madgundi present, tendered compliance report TOR marked as Exh.25 and contended that the possession of premises i.e. South Flat Second Floor along with garage is taken by the receivers.
Adv. Sidhartha Puthoor i/b Mehta and Padmasey. present claiming for one of the tenant in the premises Priyanka Kriplani and Vandana Kriplani tendered VP and reply to the report of receivers TOR marked as Exh.22.
Report received by Email No.6836/2023 and inward No.13698/2023 TOR.
Matter stands adjourned for reply on Court Receiver Report 30/2022
and NM,CS filed by defendant No.3 on 09-01-2024.
Next Purpose: REPLY
Next Hearing Date: 09-01-2024
Date: 09-01-2024
Business: None present.
KB.
L.O. at 3.20 pm.
Adv. Anuj Savla present for plaintiff No.3.
Adv.Pinky Chavan present for Defendant No.3.
Adv. Sidhartha Puthoor present for tenant.
The Court Receiver Mr. Laxman Madgundi of Bombay High Court present.
The parties to the suit are directed to proceed with the matter on next without fail, else matter will be proceeded without argument.
Matter stands adjourned hearing on Court Receiver No.30/2022 and
Notice of Motion on 08-02-2024 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2024
Date: 09-01-2024
Business: None present.
KB.
L.O. at 3.20 pm.
Adv. Anuj Savla present for plaintiff No.3.
Adv.Pinky Chavan present for Defendant No.3.
Adv. Sidhartha Puthoor present for tenant.
The Court Receiver Mr. Laxman Madgundi of Bombay High Court present.
The parties to the suit are directed to proceed with the matter on next without fail, else matter will be proceeded without argument.
Matter stands adjourned hearing on Court Receiver No.30/2022 and
Notice of Motion on 08-02-2024 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2024
Date: 09-01-2024
Business: None present.
KB.
L.O. at 3.20 pm.
Adv. Anuj Savla present for plaintiff No.3.
Adv.Pinky Chavan present for Defendant No.3.
Adv. Sidhartha Puthoor present for tenant.
The Court Receiver Mr. Laxman Madgundi of Bombay High Court present.
The parties to the suit are directed to proceed with the matter on next without fail, else matter will be proceeded without argument.
Matter stands adjourned hearing on Court Receiver No.30/2022 and
Notice of Motion on 08-02-2024 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2024
Date: 08-02-2024
Business: CORAM H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR.84) Adv. Chirag Mody present for plaintiff. Adv. Grishma Thomas i/b Law Charter for present defendant no.1 and 2. Adv. Kunal M. Patel present for defendant no. 3. He tendered written notes of argument alongwith compilation of citation in Notice of Motion No.2989/2016. TOR. Adv. A. S. Pal alongwith Siddhartha Puthoor i/b Mehta and Padamsey present present for Priyanka Kriplani and Vandana Kriplani claiming tenant/Occupier of Flat no. 401 of at 4th floor against whom the relief is sought in Court Receivers report No.30/2022. The Court Receiver Mr. Laxman Madgundi of Bombay High Court present. Adv. S. J. Khera present for respondent in Notice of motion High Court No. 3503/11. It appears that after the transfer of the suit from Honble High Court to City Civil Court, Mumbai, this notice of motion remained to be re-numbered, however, today the plaintiff has withdrawn this notice of motion. Consequently, the notice of motion High Court No. 3503/11 stands disposed of as withdrawn. It be re- numbered to the record of City Civil Court, Mumbai for statistical purpose. In view of withdrawal of Notice of Motion High Court No. 3503/11, the Chamber Summons No.892/2019 taken out by the respondent No.6 in Notice of Motion High Court No. 3503/11 does not survive. Hence, Chamber Summons No.892/2019 stands disposed of as infructuous. It also appears from the record that applicants Gul Kriplani, Priyanka Kriplani and Vandana Kriplani have filed a Chamber Summons High Court No.1442/2011, but it remained re-numbered after transfer. Hence, Chamber Summons High Court No.1442/2011 be re-numbered to the record of City Civil Court, Mumbai. The Advocate A. S. Pal has submitted that he is representing now Priyanka Kriplani and Vandana Kriplani. He is allowed to take certified copy at the earliest on urgent basis. Heard learned advocate for defendant No.3 on Notice of Motion No.2989/2016 and Notice of Motion No.3217/2023. Put up for further argument on Notice of Motion No.2989/2016 and Notice of Motion No.3217/2023. Matter stands adjourned to 21.02.2024 at 2.45 p.m. afternoon session for hearing on Court Receivers report No.30/2022.
Nature Of Disposal: OTHER
Disposal Date: 08-02-2024
Date: 08-02-2024
Business: CORAM H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR.84) Adv. Chirag Mody present for plaintiff. Adv. Grishma Thomas i/b Law Charter for present defendant no.1 and 2. Adv. Kunal M. Patel present for defendant no. 3. He tendered written notes of argument alongwith compilation of citation in Notice of Motion No.2989/2016. TOR. Adv. A. S. Pal alongwith Siddhartha Puthoor i/b Mehta and Padamsey present present for Priyanka Kriplani and Vandana Kriplani claiming tenant/Occupier of Flat no. 401 of at 4th floor against whom the relief is sought in Court Receivers report No.30/2022. The Court Receiver Mr. Laxman Madgundi of Bombay High Court present. Adv. S. J. Khera present for respondent in Notice of motion High Court No. 3503/11. It appears that after the transfer of the suit from Honble High Court to City Civil Court, Mumbai, this notice of motion remained to be re-numbered, however, today the plaintiff has withdrawn this notice of motion. Consequently, the notice of motion High Court No. 3503/11 stands disposed of as withdrawn. It be re- numbered to the record of City Civil Court, Mumbai for statistical purpose. In view of withdrawal of Notice of Motion High Court No. 3503/11, the Chamber Summons No.892/2019 taken out by the respondent No.6 in Notice of Motion High Court No. 3503/11 does not survive. Hence, Chamber Summons No.892/2019 stands disposed of as infructuous. It also appears from the record that applicants Gul Kriplani, Priyanka Kriplani and Vandana Kriplani have filed a Chamber Summons High Court No.1442/2011, but it remained re-numbered after transfer. Hence, Chamber Summons High Court No.1442/2011 be re-numbered to the record of City Civil Court, Mumbai. The Advocate A. S. Pal has submitted that he is representing now Priyanka Kriplani and Vandana Kriplani. He is allowed to take certified copy at the earliest on urgent basis. Heard learned advocate for defendant No.3 on Notice of Motion No.2989/2016 and Notice of Motion No.3217/2023. Put up for further argument on Notice of Motion No.2989/2016 and Notice of Motion No.3217/2023. Matter stands adjourned to 21.02.2024 at 2.45 p.m. afternoon session for hearing on Court Receivers report No.30/2022.
Nature Of Disposal: OTHER
Disposal Date: 08-02-2024
Date: 08-02-2024
Business: CORAM H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR.84) Adv. Chirag Mody present for plaintiff. Adv. Grishma Thomas i/b Law Charter for present defendant no.1 and 2. Adv. Kunal M. Patel present for defendant no. 3. He tendered written notes of argument alongwith compilation of citation in Notice of Motion No.2989/2016. TOR. Adv. A. S. Pal alongwith Siddhartha Puthoor i/b Mehta and Padamsey present present for Priyanka Kriplani and Vandana Kriplani claiming tenant/Occupier of Flat no. 401 of at 4th floor against whom the relief is sought in Court Receivers report No.30/2022. The Court Receiver Mr. Laxman Madgundi of Bombay High Court present. Adv. S. J. Khera present for respondent in Notice of motion High Court No. 3503/11. It appears that after the transfer of the suit from Honble High Court to City Civil Court, Mumbai, this notice of motion remained to be re-numbered, however, today the plaintiff has withdrawn this notice of motion. Consequently, the notice of motion High Court No. 3503/11 stands disposed of as withdrawn. It be re- numbered to the record of City Civil Court, Mumbai for statistical purpose. In view of withdrawal of Notice of Motion High Court No. 3503/11, the Chamber Summons No.892/2019 taken out by the respondent No.6 in Notice of Motion High Court No. 3503/11 does not survive. Hence, Chamber Summons No.892/2019 stands disposed of as infructuous. It also appears from the record that applicants Gul Kriplani, Priyanka Kriplani and Vandana Kriplani have filed a Chamber Summons High Court No.1442/2011, but it remained re-numbered after transfer. Hence, Chamber Summons High Court No.1442/2011 be re-numbered to the record of City Civil Court, Mumbai. The Advocate A. S. Pal has submitted that he is representing now Priyanka Kriplani and Vandana Kriplani. He is allowed to take certified copy at the earliest on urgent basis. Heard learned advocate for defendant No.3 on Notice of Motion No.2989/2016 and Notice of Motion No.3217/2023. Put up for further argument on Notice of Motion No.2989/2016 and Notice of Motion No.3217/2023. Matter stands adjourned to 21.02.2024 at 2.45 p.m. afternoon session for hearing on Court Receivers report No.30/2022.
Nature Of Disposal: OTHER
Disposal Date: 08-02-2024
