Date: 26-10-2020
Business: Adv. Nadar for plaintiff present and registered tendered NM no. 1353/20 and Ch/s no. 565/20 with affidavit. TOR.
She also filed affidavit of service in respect of NM and CH/s . TOR and marked at Exh. 5.
Adv. Nadar file draft ch/s seeking leave. Leave to register the Ch/s granted.
She filed writ of summons along with affidavit of service. TOR.
Adjd to 26.11.2020 for Ex-parte order.
L. O. at 12.00 noon Adv. Aadir Saiyed along with Adv. Advait Raorane for def. no. 2 present. Adv. Saiyed undertake to file Vakalatnama on or before next date.
Adv. Vyankateshwar for def. no. 1 present. He undertake to file Vakalatnama on or before next date.
Adjd to 26.11.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: P.O. is on leave board is discharged.
Next Purpose: REPLY
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Adv.Ms. Nadar for plff present.
Adv Mr. S. Venkateshan for deft no 1 present and undertakes to V/P on next date.
Adv. Advet Rawrane for deft no. 2 present and tendered reply to Ch/s no. 565/2020. Copy served to other sides.
Adjd to 12 .01.2021 for Ch/s reply.
Next Purpose: REPLY
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Adv. Roseline Nadar for plaintiff present.
Adv. Advait for defendant no. 2 present. He submits that this Court has no jurisdiction to try the suit.
Ld. Adv. for the plaintiff to explain the point of pecuniary jurisdiction to try the suit on the next date.
Adjd to 05.02.2021 for hearing on the point of pecuniary jurisdiction.
Next Purpose: HEARING
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: None for plaintiff.
Adv. Advait Raorane for def. no. 2 present.
On oral request of Ld. Adv. for def. no. 2 matter is adjourned.
Adjd to 26.03.2021 for hearing.
l.o. at 11.55 a.m. Adv. Roseline Nadar for plaintiff present.
On oral request of ld. adv. for plaintiff the date is prepone to 08.03.2021. The plaintiff shall inform the changed date to defendants well in advance.
Adjd to 08.03.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv. Roseline Nadar for plaintiff present and filed two applications. Tor and marked at Exh. 6 and 7.
Adv. Naronha for defendant no. 2 present.
Order on Exh. 6
Today matter is fixed for hearing on the point of pecuniary jurisdiction. By this application the plaintiff requests to hear the both the Ch/s first. However, issue of pecuniary jurisdiction goes to the root of the case therefore, this application Exh. 6 is rejected. Order on Exh. 7- Other side to say.
Adjd to 15.03.2021 for order on point of pecuniary jurisdiction.
Next Purpose: ORDER
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: None for plff.
Adv. Advait Ravrane for deft no.2 present.
F.R.S.R. following order is passed on the point of Pecuniary Jurisdiction
This Court has Jurisdiction to try the suit.
LO at 3.40 p.m.
Adv. Venkateshwar for deft no.1 present.
Adjd to 17.04.2021 for reply on Exh.7.
Next Purpose: REPLY
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: Declared as holiday.
Next Purpose: REPLY
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: None for plaintiff.
Adv. for defendant present.
Adjd for reply to 04/10/2021
Next Purpose: REPLY
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Ms. Nadar For plaintiff present.
Adv. Mehek Chowdhary For defendant No. 2 present.
Adv. For defendant stated the Writ petition is filed against order passed on 15.03.2021 holding that the court has pecuniary jurisdiction to decide the suit. Hence prayed adjournment.
On the other hand adv. For plaintiff stated that they have filed chamber summons the same may be heard and decided.
Adjd for chamber summons hearing to 22/11/2021
Next Purpose: C/S HEARING
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Plaintiff present.
Adv. Roseline Nadar For plaintiff present.
Adv. Amit Bel For defendant No. 2 present and stated that his senior is Honble High court therefore matter be adjourned.
Adjournment granted as last chance.
The defendant to argue on next date failing which chamber summons will be decided without argument.
Adjd for Ch.s arguments to 03/01/2022
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: Adv. Roseline Nadar For plaintiff present.
Adv. For defendant no. 2 present and stated that chamber summons no. 621/20 may be allowed as they do not have any objection to bring legal heirs of deceased defendant.
On perusal of chamber summons the death certificate is not filed. Plaintiff to file death certificate of deft No. 1 and 3.
Adjd for compliance/hearing of chamber summons to 14/02/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Adv. Ms. Roseline Nadar along with Adv. Holamagi for plaintiff present.
Adv. Tarang Jagtiani For defendant No. 2 present.
Adv. For plaintiff tendered application for producing death certificate of Smt. Sharmila Shridhar Chemburkar as per order dt. 03.01.2022. T.O.R
Adv. For deft No. 2 stated that they have filed appeal from order dt. 15.03.2021 before Honble High Court.
Adjd for arguments to chamber summons/Notice of motion to 16/03/2022
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Ms. Roseline Nadar for plaintiff present.
Adv. Mehek Choudhary For defendant No. 2 present.
Adjd for NM arguments to 07/06/2022
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv. Aman A. Kothari along with plaintiff present and filed affidavit/application for withdrawal of suit t.o.r. marked as Exh. 8.
Adv. S. Venkateshwar for defendant no. 1 present.
Adv. Mehek Chaudhary for defendant no. 2 present.
Order on Exh.8 in Short Cause Suit No. 1128/2020
This application is filed by the plaintiff on affidavit stating that she has settled the matter with the defendants and she has executed and registered her deed of release dated 19-04-2022. Xerox copy of the said deed of released annexed with Exh.8. She is represented by Adv. A. Kothari. The plaintiff has admitted her signature and contents in application Exh.8. As the plaintiff is voluntarily withdrawing the suit without any condition, application Exh.8 can be allowed. Hence, I proceed to pass this following order -
1. S.C. Suit no. 1128/2020 is disposed as withdrawn.
2. Court fees shall be refunded to the plaintiff as per the Rules.
3. Parties shall bear their own cost.
4. Proceeding of S.C. Suit no. 1128/2020 is closed.
5. Notice of Motion no. 1353/2020, Chamber summons no. 565/2020 and Chamber summons no.621/2020 are disposed of having becoming infructuous due to disposal of the main matter.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 07-06-2022