Date: 02-11-2020
Business: Adv. Saraogi for plaintiff present.
Adv. Jugal Haria for deft. nos.1, 2, 3, 4 and 6 present.
Adv. for deft. no.1 tendered disposed off registered N/M No.1558/20. T.O.R.
Adv. for deft. no.1 also tendered registered N/M No.1559/20. T.O.R.
F.R.S.R. following order is passed -
ORDER
(1) N/M No.1559/2020 is kept pending.
ORDER BELOW EXH.1
On perusal of record, it appears that the plaintiff has not valued the suit claim and even, has not affixed any court fee. As per section 5(1) of the Maharashtra Court Fees Act, 1959, unless proper court fee is paid on the document in question, same cannot be filed, exhibited or recorded in any Court of justice nor can it be received or furnished by any public officer. The relevant section 5(1) of the Act is reproduced, “ 5. Fees on documents filed, etc., in Courts or in public offices (1) No document of any of the kinds specified as chargeable in the first or second Schedule to this Act annexed shall be filed, exhibited or recorded in any Court of Justice, or shall be received or furnished by any public officer, unless in respect of such document there has been paid a fee of an amount not less than that indicated by either of the said Schedules as the proper fee for such document.”
On perusal of section 5(1) of the Act, it appears that the Court cannot entertain the unstamped plaint. Therefore, the office ought not to have entertained the plaint at the time of presentation as proper court fees was not affixed. The office even ought not to have given the stamp number. Therefore, the matter is sent to the Board Department for taking appropriate steps.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: By preceipe.
Adv. Saraogi for plaintiff present.
Adv. Ranjeev Carvalho along with Adv. Jugal Haria for deft. nos.1, 2, 3, 4 and 6 present.
Already disposed off draft Ch/sum tendered by deft. no.1 after registration i.e. Ch/sum no.613/20. T.O.R.
Plaintiff has valued the suit claim and deposited the court fees. Ld. Counsel for deft. submitted that in view of this development, he wish to again argue on some aspect of his N/M.
The matter is adjd for further hearing on N/M no.1559/20 to 25.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Adv.A.M.Saraogi for the plaintiff present.
Adv. Jugal Haria for defendant nos. 1 to 4 and 6 present.
Heard the advocates on notice of motion no.1559 of 2020.
The notice of motion 1559 of 2020 is placed for orders on 02/12/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv. Narvekar for plaintiff present.
Adv. Haria for deft. nos.1, 2, 3, 4 and 6 present.
ORDER BELOW EXH.1
In this matter, the defendant no.1 has tendered the N/M bearing no.1559/2020 for return of plaint under Rule 10 Order 7 of Code of Civil Procedure (Hereinafter referred to as CPC). The plaintiff has filed reply to it. Parties were heard on this N/M.
On perusal of plaint avernments more particularly para no.32 shows the valuation of suit claim and which is reproduced as under, The plaintiff states that the building in question is old building, however, for the purpose of convenience and for the purpose of payment of court fees and jurisdiction, the plaintiff values the suit for Rs.24 Lakh as per sec 6IV(d) for prayer clause (A) which is in respect of declaration of rights and pays the court fess accordingly and whereas the prayer clause (B) is concerned, the same is in the nature of grant of injunction and accordingly the same is valued for Rs.1000/- and pays the court fees accordingly.
The plaintiff have annexed documents along with the plaint. The document at Sr. no.3 is copy of the assessment extract in respect of the property. On perusal of the said documents more particularly, Annexure-A i.e. Description and Details of capital value calculation, it shows that the capital value of the entire property which is subject matter in the case in question is Rs.13,23,28,760/-.
This Court is of limited jurisdiction. As per section 3 of Bombay City Civil Court Act, this Court has jurisdiction to receive, try and dispose of all the suits and proceedings of civil nature not exceeding Rs.1 Crore in value arising within the Greater Bombay. As per Suit Valuation Act, the jurisdiction of the Court in such suit (i.e. present suit) has to be considered on the basis of the market value of the subject matter. As pointed above, the plaintiff has valued the suit claim for the relief of declaration for Rs.24 Lakhs and the document tendered by the plaintiff shows the capital value of the suit property as Rs.13,23,28,760/-. Hence, it is expedient to pass following order.
ORDER
1. Plaintiff to explain that the market value of subject matter does not exceed the pecuniary jurisdiction of this Court.
2. Meanwhile, the N/M No.1559/20 is kept pending.
Ld. counsel for plaintiff requested for the authenticated copy of the order. The authenticated copy of the order be supplied to the parties.
The matter is adjd for compliance by the plaintiff to 15.12.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Adv. Ravindra Singh for plaintiff present.
Adv. Jugal Haria for defendant no. 1 to 4 and 6 present.
Ld. Adv. for the plaintiff to argue on the point of valuation of the suit in view of order dtd. 02.12.2020 on next date.
Adjd to 12.01.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2021
Date: 22-12-2020
Business: Adv. Ravindra Singh for plaintiff present.
Adv. Jugal Haria for defendant no. 1 to 4 and 6 present.
Ld. Adv. for the plaintiff to argue on the point of valuation of the suit in view of order dtd. 02.12.2020 on next date.
Adjd to 12.01.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Adv. Rajiv for defendant present.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 22.02.2021 for NM hearing.
L.O. at 11.55 a.m. Adv. Neha Pande for plaintiff present. She submits that connected matter is fixed on 25.01.2021 and requests to fixed this matter on the same date. Therefore, the matter is prepone to 25.01.2021. The plaintiff to communicate this changed date to the defendant well in advance.
Adjd to 25.01.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021
Date: 25-01-2021
Business: Adv Ms. Narvekar h/f Adv Ashok Saroagi for plff present.
Adv Deepraj Shettey for defendants no. 1 to 4 and 6 present and tendered vakalatnamat t.o.r. Exh.
Adjd to 26.04.2021 for N/M Hrg.
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021
Date: 25-01-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021
Date: 25-01-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2021
Date: 26-04-2021
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2021
Date: 26-04-2021
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2021
Date: 26-04-2021
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: None for plaintiff.
Adv. Singh for defendant No. 1 to 4 present.
Defendant No. 3 present.
kb L. at 4.27 pm
Adv. Ravindra Singh for plaintiff present.
Adv. for plaintiff to comply the order dt. 02.12.2020 and file the market value of the suit property.
on perusal of roznama dt. 26.10.2020 the draft NM was filed to that there is noting of sheristedar of Court Room No. 1 that draft notice of motion not pressed be registered for statistical purpose. In the said roznama the notice of motion was not pressed. the notice of motion 1558/2020 is not disposed of and showing on CIS as pending. Therefore direction is given to dispose of the notice of motion 1558/2020.
Adjd for compliance/argument to 01/09/2021
Next Purpose: NM ARGUMENTS
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv. Ravindra Singh h/f Adv. Sarogi for present and seeks time.
Adv. Mr. Singh For defendant No. 1 to 4 present.
Adv. For plaintiff is seeking adjournment on the ground that they have to get the valuation of suit properties to know whether suit is properly valued and stamped. Adjournment granted as last chance with direction to argue NM on next date.
Adjd for NM arguments to 12/10/2021
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Defendant No. 1 present.
Adv. Mr. Ashok Sarogi for plaintiff present.
Adv. Jugal Haria For defendant present.
Heard arguments of adv. Mr. Jugal Haria for defendant and Adv. Mr. Sarogi for plaintiff for notice of motion.
Adjd for NM orders to 21/10/2021
Next Purpose: NM ORDERS
Next Hearing Date: 21-10-2021
Date: 12-10-2021
Business: Defendant No. 1 present.
Adv. Mr. Ashok Sarogi for plaintiff present.
Adv. Jugal Haria For defendant present.
Heard arguments of adv. Mr. Jugal Haria for defendant and Adv. Mr. Sarogi for plaintiff for notice of motion.
Adjd for NM orders to 21/10/2021
Next Purpose: NM ORDERS
Next Hearing Date: 21-10-2021
Date: 12-10-2021
Business: Defendant No. 1 present.
Adv. Mr. Ashok Sarogi for plaintiff present.
Adv. Jugal Haria For defendant present.
Heard arguments of adv. Mr. Jugal Haria for defendant and Adv. Mr. Sarogi for plaintiff for notice of motion.
Adjd for NM orders to 21/10/2021
Next Purpose: NM ORDERS
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Dt.21/10/2021
Suit 1353/20
NM 1559/20
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Advocate Ravindra Singh h /f. Adv. Sarogi for plaintiff present.
Advocate Jugal Haria for defendant no. 1 to 4 6 present.
Order dictated and declared in open Court in NM No. 1559/2020
F.R.S.R. following order is passed in NM No. 1559 /2020
ORDER
1. The plaintiff is directed to disclose the area of the suit property along with building structure thereon within one month failing which, the suit will have to be dismissed.
2. The Notice of Motion is kept pending for above compliance.
Adjd. For compliance on 22.11.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-11-2021
Date: 21-10-2021
Business: Dt.21/10/2021
Suit 1353/20
NM 1559/20
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Advocate Ravindra Singh h/f. Adv. Sarogi for plaintiff present.
Advocate Jugal Haria for defendant no. 1 to 4 6 present.
Order dictated and declared in open Court in NM No. 1559/2020
F.R.S.R. following order is passed in NM No. 1559/2020
ORDER
1. The plaintiff is directed to disclose the area of the suit property along with building structure thereon within one month failing which, the suit will have to be dismissed.
2. The Notice of Motion is kept pending for above compliance.
Adjd. For compliance on 22.11.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv. Ravindra Singh for plaintiff present.
Adv. Jugal haria For defendant No. 1 to 4 and 6 present.
Adv. For plaintiff filed affidavit on behalf of plaintiff in NM No. 1559/20. t.o.r.
Adv. For plaintiff filed draft chamber summons along with affidavit in support. O- Leave granted to register chamber summons.
Adjd for compliance/ reply of defendant to chamber summons filed by plaintiff to 05/01/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 05-01-2022
Date: 22-11-2021
Business: Adv. Ravindra Singh for plaintiff present.
Adv. Jugal haria For defendant No. 1 to 4 and 6 present.
Adv. For plaintiff filed affidavit on behalf of plaintiff in NM No. 1559/20. t.o.r.
Adv. For plaintiff filed draft chamber summons along with affidavit in support. O- Leave granted to register chamber summons.
Adjd for compliance/ reply of defendant to chamber summons filed by plaintiff to 05/01/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 05-01-2022
Date: 22-11-2021
Business: Adv. Ravindra Singh for plaintiff present.
Adv. Jugal haria For defendant No. 1 to 4 and 6 present.
Adv. For plaintiff filed affidavit on behalf of plaintiff in NM No. 1559/20. t.o.r.
Adv. For plaintiff filed draft chamber summons along with affidavit in support. O- Leave granted to register chamber summons.
Adjd for compliance/ reply of defendant to chamber summons filed by plaintiff to 05/01/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Saraogi for plaintiff present.
Adv. For plaintiff tendered registered Chamber summons no. 1792/21. t.o.r.
Defendant No. 1 in person present.
Defendant No. 1 filed reply to chamber summons No. 1792/21. t.o.r.
Adv. For plaintiff stated that he has received copy of chamber summons.
Adjd for Chs arguments to 04/02/2022
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 04-02-2022
Date: 05-01-2022
Business: Adv. Saraogi for plaintiff present.
Adv. For plaintiff tendered registered Chamber summons no. 1792/21. t.o.r.
Defendant No. 1 in person present.
Defendant No. 1 filed reply to chamber summons No. 1792/21. t.o.r.
Adv. For plaintiff stated that he has received copy of chamber summons.
Adjd for Chs arguments to 04/02/2022
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 04-02-2022
Date: 05-01-2022
Business: Adv. Saraogi for plaintiff present.
Adv. For plaintiff tendered registered Chamber summons no. 1792/21. t.o.r.
Defendant No. 1 in person present.
Defendant No. 1 filed reply to chamber summons No. 1792/21. t.o.r.
Adv. For plaintiff stated that he has received copy of chamber summons.
Adjd for Chs arguments to 04/02/2022
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: None present.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for chamber summons argument to 28/03/2022
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 28-03-2022
Date: 04-02-2022
Business: None present.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for chamber summons argument to 28/03/2022
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 28-03-2022
Date: 04-02-2022
Business: None present.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for chamber summons argument to 28/03/2022
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: At 3.05 PM
None present.
Plaintiff to get the suit register by removing the objection failing which the plaint will be rejected.
Adjd for compliance/ rejection of plaint to 18-06-2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-06-2022
Date: 28-03-2022
Business: At 3.05 PM
None present.
Plaintiff to get the suit register by removing the objection failing which the plaint will be rejected.
Adjd for compliance/ rejection of plaint to 18-06-2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-06-2022
Date: 28-03-2022
Business: At 3.05 PM
None present.
Plaintiff to get the suit register by removing the objection failing which the plaint will be rejected.
Adjd for compliance/ rejection of plaint to 18-06-2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: Adv. Ravindra Singh for plaintiff present.
Adv.Jugal Haria I/b Mitesh Jain for defendant No.1 present and filed VP t.o.r. marked as Exh.7.
None present alongwith defendant Nos.2 to 9.
Matter is adjd. To 18.07.2022 for affidavit of service regarding CS.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-07-2022
Date: 18-06-2022
Business: Adv. Ravindra Singh for plaintiff present.
Adv.Jugal Haria I/b Mitesh Jain for defendant No.1 present and filed VP t.o.r. marked as Exh.7.
None present alongwith defendant Nos.2 to 9.
Matter is adjd. To 18.07.2022 for affidavit of service regarding CS.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-07-2022
Date: 18-06-2022
Business: Adv. Ravindra Singh for plaintiff present.
Adv.Jugal Haria I/b Mitesh Jain for defendant No.1 present and filed VP t.o.r. marked as Exh.7.
None present alongwith defendant Nos.2 to 9.
Matter is adjd. To 18.07.2022 for affidavit of service regarding CS.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. Ravindra Singh for plaintiff present.
Adv. Jugal Haria a/w defendant no.1 present and filed draft NM with supporting affidavit for rejection of the plaint t.o.r. Leave is granted to register the NM.
Adv. Ravindra Singh for plaintiff received copy of draft NM.
None for defendant no. 2 to 9.
Aatter is adjd.to 13-09-2022 for filing registered NM by deft. no. 1 and nm Reply by plaintiff also filing affidavit of service regarding C/S.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Adv. Neha Pandey for plaintiff present and filed affidavit in reply in NM No. 2982/22.
Adv. Jugal Haria a/w defendant no. 1 present and filed registered NM No. 2982/22 with supporting affidavit. t.o.r.
He received copy of affidavit in reply in NM No. 2982/22
Defendants no. 3 and 4 in person present.
None for defendants no. 2 and 5 to 9
Matter is adjd.to 04-10-2022 for filing affidavit of service by plaintiff and NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2022
Date: 13-09-2022
Business: Adv. Neha Pandey for plaintiff present and filed affidavit in reply in NM No. 2982/22.
Adv. Jugal Haria a/w defendant no. 1 present and filed registered NM No. 2982/22 with supporting affidavit. t.o.r.
He received copy of affidavit in reply in NM No. 2982/22
Defendants no. 3 and 4 in person present.
None for defendants no. 2 and 5 to 9
Matter is adjd.to 04-10-2022 for filing affidavit of service by plaintiff and NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2022
Date: 13-09-2022
Business: Adv. Neha Pandey for plaintiff present and filed affidavit in reply in NM No. 2982/22.
Adv. Jugal Haria a/w defendant no. 1 present and filed registered NM No. 2982/22 with supporting affidavit. t.o.r.
He received copy of affidavit in reply in NM No. 2982/22
Defendants no. 3 and 4 in person present.
None for defendants no. 2 and 5 to 9
Matter is adjd.to 04-10-2022 for filing affidavit of service by plaintiff and NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. Pooja Narvekar for plaintiff present.
Adv. Jugal Haria for defendant no. 1 present.
Matter is adjd.to 23-11-2022 for affidavit of service by plaintiff and NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv. Ashok Sarogi for plaintiff present.
Adv. Jugal Haria for defendant no. 1 present.
Adv. Rajiv Hingu for deft. no. 2 to 6 present.
Heard both sides in CS No.1792/21 and NM No.2982/22.
Matter is adjd.to 01-12-2022 for order in CS No.1792/21 and NM No.2982/22 .
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-12-2022
Date: 23-11-2022
Business: Adv. Ashok Sarogi for plaintiff present.
Adv. Jugal Haria for defendant no. 1 present.
Adv. Rajiv Hingu for deft. no. 2 to 6 present.
Heard both sides in CS No.1792/21 and NM No.2982/22.
Matter is adjd.to 01-12-2022 for order in CS No.1792/21 and NM No.2982/22 .
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-12-2022
Date: 23-11-2022
Business: Adv. Ashok Sarogi for plaintiff present.
Adv. Jugal Haria for defendant no. 1 present.
Adv. Rajiv Hingu for deft. no. 2 to 6 present.
Heard both sides in CS No.1792/21 and NM No.2982/22.
Matter is adjd.to 01-12-2022 for order in CS No.1792/21 and NM No.2982/22 .
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Adv. Karan Choudhary for plaintiff present.
Adv. Jugal Haria for defendant no.1 present.
Adv. Meenakshi Shinde for defendants no. 2 to 6 present.
F.R.S.R following passed in Chamber Summons No.1792 of 2021.
Order.
1.Chamber Summons No.1792/2021 is made absolute in terms of prayer clause (a).
2. The plaintiff is directed to carry out amendment in the plaint on or before the next date of hearing.
3. Proceeding of Ch/s No.1792/2021 is closed.
Nature Of Disposal: OTHER
Disposal Date: 01-12-2022