Mr. Vagish Tribhuvannath DwivediVsM/s. Aperam Properties Pvt. Ltd. +3 more

Date: 14-06-2021
Next Purpose: DIRECTIONS
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
Matter adjd to 03/08/2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: Adv. Kesarwani for plaintiff is present.
Adv. Nidhi Boriya i/b Chirag Shah for deft no.1 and 2 is present.
Adv. Yashavi Panchal i/b P.D.Gandhy for deft no.3 is present.
Av.for the deft has filed the copy of challan MTR Form no.6 t.o.r marked as Exh.10.
Order below NM NO. 141/21
This notice of motion is taken out by the plaintiff for return of counter claim on the ground that the defendant has not pay the court fees with regard to the counter claim. I have heard Ld. Adv. Babita Kesarwani for the plaintiff and Ld. Adv. Nidhi Boriya for the defendant. Today before the Court the Ld. Adv.for the defendant has filed a copy of challan suggesting therein that for counter claim of damages of Rs. 75,00,000/-, the Court fees of Rs. 10,320/- is being paid by online mode. Thus the objection which was raised for return of counter claim under Order 7 Rule 10 of the CPC does not survive. Hence, I pass the following order-
                                         ORDER
The Notice of Motion No. 141/21 stands disposed of as the defendant has paid the required Court fees. It be removed from the board.
Order below NM NO. 415/21
This notice of motion is taken out by defendant nos. 1 and 2 to registered and number the counter claim which already been taken on record as per Exh.7. It is pertinent to note that the defendant nos. 1 and 2 have already paid the Court fees of the amount paid in the counter claim. As the counter claim is filed in the suit and already the exhibit number is given, further considering the practice adopted by the Board Department inconsonance with the Bombay City Civil Rules 1948, there is no need to give a separate registration number to the counter claim to the defendant nos. 1 and 2. It is made it clear that the counter claim is taken on record and it is already marked as Exh.7. Parties to the suit to further comply with the same and the original plaintiff to file written statement of the counter claim of the defendant nos. 1 and 2. With these observations, I do not find any reason to keep this notion of motion pending, hence I pass the following order-
                                      ORDER
The Notice of Motion No. 415/21 stands disposed of as the counter claim is already taken on record.
The Adv.for the plaintiff sought time to arguing on NM No. 1655/2020. On her request matter adjourned for NM hearing.
Matter adjd for NM hearing on 25.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: P.O is gone for the verification of Inspection Note of year 2006 of the The Additional Chief Metropolitan Magistrate, at Bhoiwada Centre, Mumbai.
Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Adv. Babita Kesarwani for plaintiff is present.
Adv. Ekta Tripathi for defendants no.1 and 2 is present.
Adv. Aditya Khare for defendant no.3 is present.
Adv.for defendant no.3 has filed a pursis t.o.r marked as Exh.10 that the defendant no.3 is not pressing the counter claim and therefore counter claim stands disposed of as withdrawn.
Heard both the advocates on notice of motion. In the midst of argument, it was submitted that regarding the discussion on refund of the earnest amount the matter should be refereed to the mediation. Both the parties have consented for referring the matter to mediation. There are elements of settlement between the parties. All the parties shall participate in the mediation process in good faith with an intention to settle the dispute. As per Section 89 of the CPC, this matter is referred to mediation. Parties and their authorised representatives attend the District Mediation Centre on 11.10.2021 at 2.00 p.m.
Matter be kept for Mediators Report on 29.11.2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: P.O. is on leave. Matter adjd to
Next Purpose: MEDIATION REPORT
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: Adv Dudhane for plff is present.
Adv Aditya Khare for def no. 3 is present.
Adv Raj Adhia for def nos. 1 & 2 is present.
Report received from district mediator centre that matter is not settled. TOR marked as Exh-11.
Alongwith the report there is letter of Learned Judge Mediator that the matter is not settled. TOR marked as Exh-12.
Matter is adjourned for NM Hearing.
Matter is adjd to 27/04/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1)
Adv. Mariyam for plaintiff present and filed V/N t.o.r. marked as Exh. 13
Adv. Yashvi Panchal for defendant no. 3 present.
Matter is adjd to 12/8/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv. Mariyam for plaintiff is present.
Adv. Aditya Khare for defendant nos. 1 and 2 is present.
Adv. Ekta Dalavi for defendant no.3 is present.
On oral request of Adv.for plaintiff matter adjd for NM hearing.
Matter adjd to 02.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: Adv. Mr. Durani I/b Adv Mariam  for plaintiff is present.
Adv. Mr. Shyam Jadhav for defendant nos. 1 and 2 is present.
None present for defendant No. 3.
on the oral request of advocate for defendant matter is adjourned.
Matter adjd to  02/01/2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 02-01-2023

Date: 02-01-2023
Business: None present for plaintiff.
Adv. Aditya Khare for defendant no.3 is present.
Last chance given to the plaintiff to argue the NM.
Matter adjd to 20.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: Adv. Saiprasad for plaintiff is present.
Adv. Aditya Khare for defendant is present.
With consent of both the sides, matter adjourned for NM hearing.
Matter adjd to 12.07.2023 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2023

Date: 12-07-2023
Business: Adv. M. A. Dudhani for plaintiff is present.
Adv. Kavita Dhanuka a/w Adv. Nikita Asthana i/b Adv. Dalvi for defendant No.3 is present.
On oral request of Ld. Adv. for defendant No.3, last chance granted to argue the NM No.1655/2020.
Matter adjd to 11.09.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: Adv. M. A. Dudhane for plaintiff is present.
Adv. P. D. Gandhy for defendant no. 1 to 3 is present.
Heard both the Ld. Advocates.
On oral request of Ld. Advocate for plaintiff matter is adjourned .
Matter adjd to 13.09.2023 for further hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Adv. M. A. Dudhane for plaintiff is present.
Adv. P. D. Gandhy for defendant no. 1 to 3 is present.
Heard both the Ld. Advocate.
Matter adjd to 16.09.2023 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: Adv. Naliyan Alan for plaintiff is present.
Adv. Kavita Dhanuka i/b Adv. Ekta Dalvi for defendant no. 1 to 3 is present.
F.R.S.R following order is passed on Notice of Motion No. 1655 of 2020.
ORDER
1. Notice of Motion No. 1655 of 2020 stands rejected.
2. Notice of Motion stands disposed off accordingly.
Matter adjd to 21.11.2023 for draft issues .
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: None for plaintiff.
Adv.Ekta Tripathi for defendant Nos.1 and 2 is present.
On oral request of advocate for defendants.
Matter adjd to 05/02/2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: None present for plaintiff.
Adv. Kavita Dhanuka for defendant no. 1 and 2 is present.
Adv. Ekta Tripathi for defendant no. 3 is present.
Both seek time to file draft issues. O- Time granted.
Matter adjd to 29.04.2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Adv. Mariyam Bi Alam for plaintiff is present.
Adv. Kavita Dhanuka i/b Adv. Ekta Dalvi for defendant no.1 to 3 is present.
Both seek time to file draft issues. O- Time granted.
Matter adjd to 30.07.2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-07-2024

Date: 30-07-2024
Business: Adv. Mariyam Bi Alam for plaintiff is present and filed draft issues. TOR. Copy served on other side.
Adv. Kavita Dhanuka i/b Adv. Ekta Dalvi for defendant no.1 to 3 is present and seek time to file draft issues. O- Time granted.
Matter adjd to 09.10.2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: Adv. Mariyam Bi Alam for plaintiff is present and seek time to file draft issues. O- Time granted as last chance.
Adv. Kavita Dhanuka i/b Adv. Ekta Dalvi for defendant no.1 to 3 is present.
Matter adjd to 09.12.2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-12-2024

Date: 09-12-2024
Business: Adv. Akram Khan i/b Sagar Kothari for plaintiff is present.
Adv. Kavita Dhanuka i/b Adv. Ekta Dalvi for defendant no.1 to 3 is present.
Both seek time for filing draft issues. O- Time granted.
Both seek longer date.
Matter adjd to 07.03.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-03-2025

Date: 07-03-2025
Business: None present for plaintiff.
Adv. Kavita Dhanuka i/b Ekta Dalvi for defendant nos.1 to 3 is present and seek time for filing draft issues. O- Time granted.
She requested for longer date.
Matter adjd to 18.06.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-06-2025

Date: 18-06-2025
Business: None present for plaintiff.
Adv. S. P. Jadhav for defendant no.1 to 3 is present.
Matter adjd to 22.08.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-08-2025

Date: 22-08-2025
Business: Adv. Mariyam Bi Alam for plaintiff is present.
Adv. Malhar Purohit for defendant no.1 and 2 is present.
Adv. Savita Suryavanshi i/b P. D. Gandhy for defendant no.3 is present.
Matter adjd to 10.10.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-10-2025

Date: 10-10-2025
Business: Adv. Manjiri Dhuri for plaintiff is present.
Adv. Savita Suryawanshi i/b P. D. Gandhy for defendant is present.
Matter be referred before Lok Adalat to be held on 13.12.2025.
Matter adjd to 13.12.2025 for Lok Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-12-2025

Date: 13-12-2025
Business: None present for plaintiff.
Advocate Savita Suryavanshi present for defendant No.3.
Matter is adjd to 21.01.2026 for Settlement.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 21-01-2026

Date: 21-01-2026
Business: None present for plaintiff.
Adv. Savita Suryavanshi a/w Pankaj Shinde i/b Adv. Pradeep Gandhi for defendant no.3 is present.
Matter adjourned to 29.04.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-04-2026

Date: 29-04-2026
Business: Adv. Rajesh Jain i/b Kotak and Associates for plaintiff is present.
None present for defendant.
Matter adjourned to 05.09.2026 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-09-2026

Date: 05-09-2026
Business: Declared holiday as Gopalkala. Hence, matter adjourned to 07.09.2026.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-09-2026

Date: 07-09-2026
Business: In view of office order No.270/2026 dated 04.09.2026, on account of Gopalkala holiday is declared on 05.09.2026. Hence, matter is taken on todays board and adjourned.
Matter adjourned to 21.11.2026 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-11-2026

Filing Number: 105164/2020
Filing Date: 21-10-2020
First Hearing Date: 14th June 2021
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE