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.
On oral request of advocate for appellant, adjourned to 21.02.2020 for Hearing.
Later on
Adv. R. P. Ojha for respondent is present.
Next Purpose: HEARING
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.
As connect Misc Appeal No.141/19 is adjourned to 04.03.2020, hence adjourned to 04.03.2020 for Hearing.
Next Purpose: HEARING
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.
As connected Misc Appeal No.141/19 is adjourned to 16.03.2020, hence adjourned to 16.03.2020 for Hearing.
Next Purpose: HEARING
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.
As connected Misc Appeal No.141/19 adjourned to 07.04.2020, hence adjourned to 07.04.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: None present for both the parties.
Adjourned to 20.10.2020 for hearing.
Next Purpose: 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 hearing.
Next Purpose: 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 Hearing.
Next Purpose: 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: 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.
As connected matter is adjourned to 16.02.2021, matter 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.5.
Ld. counsel for respondent seeks time to place his counter on record.
Adjourned to 24.08.2021 Reply on Exh.5.
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.5.
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. V. Dubey h/f Adv. R. P. Ojha for respondent is present and files reply to the application (Exh.5). TOR and marked as Exh.5-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 Augments.
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.
Adjourned to 17.01.2022 for 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 e 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.
Adjourned on 22.11.2022 for Arguments.
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 Arguments.
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.
Adjourned on 28.11.2022 for Arguments.
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 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.6 - Judgment.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal No.142 of 2019 is partly allowed.
2. The order of eviction of the appellants by the impugned order dated 1st April 2019 is hereby confirmed.
3. The order of grant of compensation by the impugned order is hereby set aside.
4. Liberty to the respondents to initiate fresh proceedings for ascertainment of compensation as per law.
5. Application at Exhibit 5 is rejected.
6. Time granted till 31 January 2023 to vacate the premises subject to the filing of undertaking within 3 weeks that the 1st floor premises is in their possession and that they shall not create any 3rd party rights in the said property and that they shall honour of the order on attaining finality.
7. 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.
8. Record and Proceedings be sent back to Respondent.
Nature Of Disposal: ALLOWED
Disposal Date: 05-12-2022
