Date: 02-07-2019
Business: Appellant absent.
Respondent absent.
Adv. for Appellant present.
Matter adj. to 24/07/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 24-07-2019
Date: 24-07-2019
Business: Adv. Ms. Vidya Tyagi for Appellant present.
Adv. Mr. R. P. Oza for Respondent present.
Respondent filed Paper Book.
Earlier order, if any, to continue till the next date.
Matter adj. to 24/09/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: Adv. Mr. Ashwin Shete for Appellant present.
Adv. Mr. R. K. Dubey h/f Mr. Oza for Respondent present.
By consent matter adj. to 21/11/2019 for Hearing
Next Purpose: HEARING
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Adv. Pooja Yadav for appellant present.
None for respondents.
On oral request of advocate for appellant, adjd for Hearing to 29.01.2020.
Next Purpose: HEARING
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Adv. Pooja Jadhav i/b Jaykar and Partners for for appellant is present.
None present for respondent.
Ld. Adv. for appellant submits that appellant No.1 is no more and she will take steps, hence adjourned for steps.
Adjourned to 21.02.2020 for Steps.
Later on
Adv. R. P. Ojha for respondent is present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv. Neel Kothari for appellant is present.
Adv. R. P. Ojha for respondent is present.
Advocate for appellant filed draft chamber summons for bringing on record legal heir of appellant and seeks leave to register Chamber Summons.
O - Leave is granted to register Chamber summons.
Copy of draft Chamber Summons served to other side.
Adjourned to 04.03.2020 for Reply on Ch/S.
Next Purpose: C/S REPLY
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Neel Kothari for appellant is present.
Adv. R. P. Ojha for respondent is present and seeks time to file reply to Ch/s.
Advocate for appellant is directed to register Chamber Summons as per order in Roznama dt.21.02.2020.
At the requst of advocate for respondent, adjourned to 16.03.2020 for Reply to Ch/S.
Next Purpose: C/S REPLY
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Adv. Neel Kothari i/b Jaykar and Partners for appellant is present.
Adv. R. P. Ojha for respondent is present and filed reply to Chamber Summons No.494/2020. TOR and marked as Exh.5.
Advocate for appellant tendered original Chamber Summons No.494/2020.
Adjourned to 07.04.2020 for Hearing on Ch/S.
Next Purpose: C/S HEARING
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: COURT IS ON LEAVE TODAY.
None present for both the parties.
Adjourned to 20.10.2020 for Ch/S hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 12.11.2020 for Ch/S hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Business: COURT IS ON LEAVE (C.R.19)
Both sides absent.
Due to COVID-19 adjourned to 14.12.2020 for C/S Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Adv. Anushka Agarwal i/b Jaykar and Partners for appellant present.
Adv. R. P. Ojha for respondent is present.
At the request of advocate for appellant, by way last opportunity, matter adjourned to 07.01.2021 for Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv. Ashwin Shete a/w Adv. Pooja Yadav and Adv. Isha Bafna i/b M/s. Jayakar and Partners for appellant present.
Adv. R. P. Ojha for respondent is present.
Heard both the sides on Chamber Summons.
Applicant no.4 seeks also to come on record as legal heir of appellant no.1 who has expired. The other applicants are already on record.
Ld. counsel for the respondent submits that applicant no.4 never occupied the subject premises. However his coming on record merely signifies his representation to the estate of appellant no.1 being one of the legal heir for the present purposes.
In such circumstances, Chamber Summons No.494/2020 is made absolute in terms of prayer clause (a) to (c).
It is accordingly disposed off.
Amendment be carried out and copy be served on other side before next date.
Adjourned to 16.02.2021 for Compliance and Hearing.
Next Purpose: HEARING
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: N.O.B.T.O.B
Adv. Nisha Bafna i/b Jaykar and Partners for appellant is present and seeks permission to carry out amendment today itself.
Allowed to carry out amendment today itself.
Already adjourned to 16.02.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv. Isha Bafna i/b M/s. Jayakar and Partners for appellant present.
Ld. Advocate h/f Adv. R. P. Ojha for respondent is present.
Ld. advocate for respondent submits that he is not ready with the matter as such by way of last opportunity, matter adjourned to 23.02.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv. Ashwin Chite a/w Adv. Isha Bafna and Adv. Pooja Yadav i/b Jayakar and Partners for appellant present.
Adv. R. P. Ojha for respondent is present.
Ld. counsel for respondent again seeks time. By way of last opportunity, matter adjourned to 30.03.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv. Ashwin Shete a/w Adv. Pooja Yadav and Adv. Isha Bafna i/b Jayakar and Partners for appellant present.
Adv. R. P. Ojha for respondent is present.
By consent, adjourned to 28.04.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: None present for appellant.
None present for respondent.
Due to COVID-19, matter adjourned to 22.06.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: Adv. Ms. Isha Bafna I/b Jaykar and Partners for appellant present.
None present for respondent.
Due to COVID-19, adjourned to 09.07.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: Adv. Isha Bafna i/b M/s. Jaykar and Partners for appellant is present.
Mr. Sandesh Mane, SDI, Mumbai South Division, Dept of Post/respondent is present.
Due to COVID-19, adjourned to 13.08.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv. Ashwin Shete a/w Adv. Isha Bafna and Adv. Pooja Yadav i/b Jaykar and Partners for appellant present.
Adv. R. P. Ojha for respondent is present.
Appellant files application in the nature of the one under O-41 R-27, the same be heard alongwith appeal. TOR and marked as Exh.6.
Ld. counsel for respondent seeks time to place his counter on record.
Adjourned to 24.08.2021 Reply on Exh.6.
Next Purpose: HEARING
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: Ld. counsel Mr. Ashwin Shete a/w Adv. Isha Bafna and Adv. Pooja Yadav i/b Jayakar and Partners for appellant present.
Adv. R. P. Ojha for respondent is present.
Respondent seeks time to file reply on Exh.6.
Adjourned to 02.09.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Adv. Isha Bafna i/b Jayakar and Partners for appellant is present.
Adv. R. K. Dubey h/f Adv. R. P. Ojha for respondent is present and files reply to the application (Exh.6). TOR and marked as Exh.6-A.
Copy be served to other side.
Adjourned to 21.09.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Adv. Pooja Yadav i/b Jayakar and Partners for appellant is present.
Adv. R. P. Ojha for respondent is present.
At the request of Ld. counsel for appellant by way of last opportunity matter adjourned for final arguments.
Adjourned to 04.10.2021 for Final Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Isha Bafna i/b Jayakar and Partners for appellant is present.
Adv. R. P. Ojha for respondent is present.
Again matter is sought to be adjourned by Ld. counsel for appellant. Although on last date it was adjourned by way of last opportunity as such request is rejected. Matter is adjourned for order of dismissal.
Adjourned to 29.10.2021 for Order of Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Ld. counsel Mr. Ashwin Shete i/b Jayakar and Partners for appellant present.
Adv. R. P. Ojha for respondent is present.
By consent, by way of last opportunity matter is adjourned to 18.11.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv. Isha Bafna i/b Jaykar and Partner for appellant is present.
Adv. R. P. Ojha for respondent is present.
By consent, adjourned to 10.12.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv. Ashwin Shete a/w Adv. Isha Bafna and Adv. Pooja Yadav I/b Jayakar and Partners for appellant is present.
Adv. R. P. Ojha for respondent is present.
Appellant files draft chamber summons for deleting name of appellant No.2 in appeal memo and seeks leave to register C/S. Leave is granted.
Heard both sides on chamber summons.
F.R.S.R. Following order is passed.
ORDER
1. Unregistered Chamber Summons is allowed and name of the appellant No.2 is permitted to be deleted.
2. Unregistered Chamber Summons be registered for statistical purpose.
Adjourned to 17.01.2022 for Compliance and Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Isha Bafna i/b Jayakar and Partners for appellant is present.
Adv. R. P. Ojha for respondent is present through VC.
Ld. advocate for appellant submitted that her office is not function as several members are tested Covid positive and requested for adjournment. Hence adjourned to 22.02.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Pooja Yadav i/b Jayakar and Partners e for appellant is present.
Adv. R. P. Ojha for respondent is present.
Adjourned on 15.03.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: COURT IS ON LEAVE TODAY.
Adv. Pooja Yadav i/b Jayakar and Partners for appellant is present. Adv. R. P. Ojha for respondent is present.
Adjourned on 08.04.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Isha Bafna i/b Jayakar and Partners for appellant is present.
Adv. R. P. Ojha for respondent is present.
Adjourned on 08.06.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: COURT IS VACANT.
Adv. Isha Bafna i/b Jaykar and Partners for appellant is present.
Adv. R. P. Ojha for respondent is present.
Adjourned on 24.06.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv.Isha Bafana for appellant present.
Adv. R.P.Ojha for respondent No.2 present.
Earlier order, if any, to continue till next date.
Matter is adj for argument to 11.07.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Ashwin Shetia a/w Adv. Isha Bafma i/b Jayakar and Partners for appellant
Adv. R. P. Ojha for respondent is present.
Adjourned on 27.07.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Ashwin Shete a/w Adv. Pooja Yadav and Adv. Isha Bafna i/b Jayakar and Partners for appellant present.
Adv. R. P. Ojha for respondent present.
Adjourned on 19.08.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Ashwin Shete a/w Adv. Pooja Yadav and Adv. Isha Bafna i/b Jayakar and Partners for appellant present.
Adv. R. P. Ojha for respondent present.
As court is busy in dictating judgment in Misc. Appeal No.145/18, matter is adjourned on 14.09.2022 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Ashwin Shete a/w Adv. Isha Bafna i/b Jayakar and Partners for appellant present.
Adv. R. P. Ojha for respondent present.
Adjourned on 18.10.2022 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Ashwin Shete a/w Adv. Isha Bafna and Adv. Pooja Yadav i/b Jayakar and Partners for appellant present.
Adv. R. P. Ojha for respondent present.
Adjourned on 16.11.2022 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Mr. Ashwin Shete a/w Adv. Isha Bafna and Adv. Pooja Yadav i/b Jayakar and Partners for appellant present.
Adv. R. P. Ojha for respondent is present.
Heard final arguments of Adv. Shete for appellant partly.
Adjourned on 22.11.2022 for Further Arguments of Appellant.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Pooja Yadav i/b M/s. Jayakar and Partners for appellant
Adv. R. P. Ojha for respondent is present.
As court is busy in administrative work, matter is adjourned on 24.11.2022 for Further Arguments of Appellant.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Ashwin Shete a/w Adv. Isha Bafna i/b Jayakar and Partners for appellant present.
Adv. R. P. Ojha for respondent is present.
As court is busy in hearing final arguments of partly heard Misc Appeal Nos.13/15 and 99/17 matter is adjourned on 28.11.2022 for Further Arguments of Appellant.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Ashwin Shete a/w Adv. Pooja Yadav i/b Jayakar and Partners for appellant is present.
Adv. R. P. Ojha for respondent is present.
Heard further final arguments of Adv. Shete for appellant.
Heard final arguments of Adv. Ojha for respondent.
Also heard reply arguments.
Adjourned on 02.12.2022 at 03.00pm for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Ashwin Shete a/w Adv. Pooja Yadav i/b Jayakar and Partners for appellant present.
Adv. R. P. Ojha for respondent is present.
Adjourned on 05.12.2022 at 03.00pm for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Ashwin Shete a/w Adv. Isha Bafna and Adv. Pooja Yadav i/b Jaykar and Partners for appellant is present.
Adv. R. P. Ojha for respondent present.
Judgment is pronounced in open court.
Exh.7 - Judgment.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal No.141 of 2019 is allowed.
2. The impugned order passed by the learned Estate Officer dated 1st April 2019 is herewith set aside.
3. Application at Exhibit 6 is rejected.
4. It is contended that the amount has been deposited in this Court. Considering the amount of FD and interest be adjusted towards the arrears of rent and further rent, if any.
5. Record and Proceedings be sent back to Respondent.
Nature Of Disposal: ALLOWED
Disposal Date: 05-12-2022
