Interim Order 2

Order Details: Other
Pdf Text: Issues. -:1:- Com. Suit No.378 of 2021
Exh.15
IN THE BOMBAY CITY CIVIL COURT AT MAZGAON, BOMBAY
COMMERCIAL SUIT NO. 378 OF 2021
(OLD SUMMARY SUIT NO.555 OF 2018)
Mrs. Razia Hetavkar & Ors. ... Plaintiffs.
V/s
M/s. Neminath Reality & Ors. ... Defendants.
CORAM: HIS HONOUR JUDGE
SHRI. A. S. KAZI
(COURT ROOM NO.14)
DATE : 28.07.2025
ISSUES
1) Whether the Plaintiffs proves that, under Development Agreement
dated 01.01.2012, Defendant Nos.1 to 5 have incurred liability of
Rs.25,26,250/- with interest? If yes, the Plaintiff is entitled to recover what
amount and interest at what rate?
2) Whether the Plaintiffs proves that, Defendant Nos.1 to 5 have
incurred liability towards reimbursement of an amount of Rs.8,39,403/-
together with interest? If yes, the Plaintiff is entitled to recover interest at
what rate?
3) Whether the Plaintiffs proves that, Defendant Nos.1 to 5 are liable
for payment of Rs.9,38,378/- together with penalty, if any to the Municipal
Corporation of Greater Mumbai on account of outgoings and taxes in view
of Clause 8 of the Development Agreement?
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Issues. -:2:- Com. Suit No.378 of 2021
4) Whether the Defendant Nos.1 to 5 proves that, the present suit is
not maintainable?
5) Whether the Defendant Nos.1 to 5 proves that, the present suit is
filed without cause of action?
6) Whether the Defendant Nos.1 to 3 proves that, in view of false and
misleading list of tenants and discrepancies in description of properties
mentioned by the Plaintiff in the Development Agreement dated
01.01.2012, they are not entitled to claim the reliefs as prayed?
7) Whether the Defendant Nos.1 to 3 further proves that, due to deficit
area of 660.657 square meters given by the Plaintiffs, it is not possible for
defendant No.1 to re-developed the properties and hence, the Plaintiffs are
not entitled to the monetary reliefs in terms of prayer clause (a), (b) and
(c)?
8) What Order and Decree?
(A. S. KAZI)
Addl. Sessions Judge,
City Civil & Sessions Court,
Date:28.07.2025 Mazgaon, Gr. Mumbai
(C. R. No.14)
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Issues. -:3:- Com. Suit No.378 of 2021
Case Management Hearing
Issues are framed today. Accordingly, Order regarding Case
Management Hearing is passed :
1) Parties to submit list of witnesses by next date.
2) After submitting list of witnesses, parties, within next 30 days, to file
evidence-affidavits of all witnesses.
3) Thereafter, within next 60 days, the plaintiff and defendants to
conclude examination-in-chief and cross examination of all
witnesses from plaintiff side.
4) Thereafter, within next 60 days, the plaintiff and defendants to
conclude examination-in-chief and cross examination of all
witnesses from defendant side.
5) Thereafter, parties shall conclude their arguments within 30 days.
6) All parties to note, if they failed to comply this Order of Case
Management Hearing, consequences provided in Order XV-A Rule
(8) will follow.
(A. S. KAZI)
Addl. Sessions Judge,
City Civil & Sessions Court,
Date:28.07.2025 Mazgaon, Gr. Mumbai
(C. R. No.14)
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