Date: 28-06-2019
Business: Fresh matter assigned to this Court.
Adv. Aniket Jagtap for plaintiff present.
Ld. counsel for plaintiff file draft NM a/w affidavit. TOR.
ORDER Heard. Leave granted. NM be registered. Copy be served upon otherside. Service affidavit be filed.
Matter adjd for service affidavit on 20/07/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-07-2019
Date: 20-07-2019
Business: Adv. Shah for plaintiff present.
Adv. Yatin Shah for D-1 present. He undertakes to file VP on next date.
Adv. Sonvalkar for D-3 present. She undertakes to file VP on next date.
Ld. counsel for plaintiff filed registered NM 2471/19 alongwith affidavit. TOR.
Exh.2 Service affidavit about NM filed by plaintiff. TOR.
The postal envelop issued to D-2 is returned with remark \\\''\\\''REFUSED\\\''\\\''. It amounts to service. None appeared for D-2. Suit and NM proceed against D-2.
Matter adjd for reply by D-1 and 3 on NM on 02/08/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Adv. Shah for plaintiff present.
Suit proceeded exparte against D-2.
Adv. Sonvalkar for D-3 present.
Exh.3 VP filed by Adv. Yatin Shah for D-1. TOR.
Exh.4 WS / reply reply to NM No.2471/19 by D-3. TOR. Its copy is given to plaintiff.
On the request of Ld. Counsel for D-1, three weeks time is granted by way of last chance to file reply to NM. If possible Ld. Counsel for D-1 to serve copy of reply in advance to Ld. Counsel for plaintiff.
Matter adjd for reply by D-1 on NM No.2471/19 on 26/08/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: Adv. Shah for plaintiff present.
Adv. Shivam for D-1 present.
Reply filed by D-1. TOR.
Exh.5 VP filed by Adv. Rupesh Ghadi for D-2. TOR.
Ld counsel for D-2 filed Draft NM alongwith affidavit. TOR.
ORDER Heard. Leave granted. NM be registered. Copy is served otherside.
LO at 03.45 pm.
Adv. Sonvalkar for BMC appeared. She undertakes to file VP on next date.
Matter adjd by consent for reply and hearing on NM on 16/09/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Adv. Shah for plaintiff present.
Adv. Apoorva Pawar for D-1 present.
Adv. Lakshyaved Odhekar for D-2 present.
None present for D-3.
Ld. counsel for D-2 filed registered NM a/w affidavit. TOR. Copy is given to otherside.
Ld. counsel for plaintiff endorsed reply on NM itself.
Both side argument heard.
F.R.S.R. following order is passed.
ORDER PASSED BELOW NM NO.3440/19
1. NM No.3440/19 in Comm. SU No.32/19 is hereby allowed.
2. Exparte order dt.20/07/2019 passed against D-2 is hereby set aside and D-2 is permitted to file WS on record.
Matter adjd for WS on 04/10/2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Adv. Mayuri Somaiya for plaintiff present.
Adv. Harsha Shah for D-1 present.
Adv. Lakshyaved Odhekar for D-2 present.
None present for D-3.
Exh.6 WS filed by D-1. TOR. Copies are given to otherside.
On the request of Ld. Counsel for D-2 time is granted to file WS.
Matter adjd for WS on 26/11/2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: Adv. Shah for plaintiff present.
Adv. Apurva Pawar for defendant No.1 present.
Adv. Odhekar Present for the Deft. No.2.
Adv. for deft No. 2 filed written statement on behalf of the deft No.2. t.o.r.
Order.. WS of deft no. 2 is read and recorded as per order passed below Notice of motion No. 3440/19 dated 16/09/2019 and as per roznama dated 04/10/2019.
Adv. for deft no.2 Submitted that he is going to adopt his written statement as reply of NM No. 2471/19 and going to file pursis to that effect on next date.
Matter adjd for NM hearing on 17/12/2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Adv. for plff present.
Adv. for defendant present.
Matter adj to 04/01/2020 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2020
Date: 17-12-2019
Business: Adv. for plff present.
Adv. for defendant present.
Matter adj to 04/01/2020 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2020
Date: 04-01-2020
Business: Adv. Mayuri Somaiya for plaintiff present.
Adv. Apurva Pawar for defendant No.1 present.
The Ld Adv appearing for plff has submitted that plff wants to file rejoinder.
On the oral request of Ld. Counsel for plaintiff matter is adjourned for filing rejoinder to the NM.
Matter adjd for for filing rejoinder to the NM on 16/01/2020 at 11.00 am.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. for plaintiff Absent.
Adv. Shahzhan Khajotia for defendant no.1 present.
Adv. Nandanwar for defendant No.3 present.
Perused roznama of last date i.e. 04/01/2020. As per said roznama today matter is posted for filing rejoinder to the NM. Hence matter adjourned for filing rejoinder as a last chance.
Matter adjd for filing rejoinder as a last chance on 24/02/2020 at 11.00 am
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: None for plaintiff.
Adv. Sahajad for defendant no.1 present.
Adv Lakshaved Odekar for defendant no.2 present.
KB. L.O. at 1.36 pm
Adv Shah for plaintiff present.
Adv Nandanvan for defendant no.3 present.
Ld Adv for plaintiff filed rejoinder t.o.r.O- R and R.
Matter adjd for NM hearing to 20-03-2020 at 11.00 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020
Date: 24-02-2020
Business: None for plaintiff.
Adv. Sahajad for defendant no.1 present.
Adv Lakshaved Odekar for defendant no.2 present.
KB. L.O. at 1.36 pm
Adv Shah for plaintiff present.
Adv Nandanvan for defendant no.3 present.
Ld Adv for plaintiff filed rejoinder t.o.r.O- R and R.
Matter adjd for NM hearing to 20-03-2020 at 11.00 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2020
Date: 20-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-05-2020
Date: 21-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-06-2020
Date: 12-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2020
Date: 18-06-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2020
Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2020
Date: 31-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2020
Date: 31-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2020
Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: Due to heavy rain declared as holiday
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2020
Date: 23-09-2020
Business: Due to heavy rain declared as holiday
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2020
Date: 29-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2020
Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on Notice of Motion to 08.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2020
Date: 05-11-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on Notice of Motion to 08.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for NM hearing to 22.01.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2021
Date: 08-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for NM hearing to 22.01.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: None for plaintiff.
Adv. A.K. Nandanvan for deft. no. 3 submits that defendant no. 3 is not contesting defendant.
Plaintiff to clarify what relief is claim against defendant no. 3
Adv. Nandanwar for defendant no. 3 submits that there is urgency to defendant no. 3/MCGM. It is requested to dismiss the NM. Plaintiff and defendants 1 and 2 to positively argue on next date.
Matter is adjd.to 03-02-2021 for NM Hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Adv. Reshant Shah for plaintiff, prayed for short adjournment r/o 12-02-2021.
Adv. Apurva Pawar for defendant no. 1 is present.
Adv. Nandanwar for defendant no. 3 is present.
None for other defendants.
Matter is adjd.to 12-02-2021 for N/M hrg.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2021
Date: 03-02-2021
Business: Adv. Reshant Shah for plaintiff, prayed for short adjournment r/o 12-02-2021.
Adv. Apurva Pawar for defendant no. 1 is present.
Adv. Nandanwar for defendant no. 3 is present.
None for other defendants.
Matter is adjd.to 12-02-2021 for N/M hrg.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv. Ms. Monika Solanki for plaintiff present.
Adv. Ms. Apurva Pawar for defendant no.1 present.
Adv. Mr. Nandanwar for deft no.3 present.
Adv. Ms. Monika for plff., submits additional affidavit in support to NM no.2471/19, copy served to deft nos. 1 and 3.
Matter is adjd.to 08.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2021
Date: 12-02-2021
Business: Adv. Ms. Monika Solanki for plaintiff present.
Adv. Ms. Apurva Pawar for defendant no.1 present.
Adv. Mr. Nandanwar for deft no.3 present.
Adv. Ms. Monika for plff., submits additional affidavit in support to NM no.2471/19, copy served to deft nos. 1 and 3.
Matter is adjd.to 08.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv. Mr. Rishant Shah for plaintiff absent.
Adv. Ms. Apurva Pawar a/w Adv. Harsha Shah for deft no.1 present.
Adv. Mr. Nandanwar for deft no.3/MCGM present.
Plff is present.
Heard part argument of adv. Rishant shah for plff. Adv. Harsha Shah for deft no.1 prayed for adjd. Adv. Mr. Nandanwar for deft no.3/MCGM don\''t have a detail chart in respect of tax due towards plff. for each year separately from 2005 onwards.
Deft no.3/MCGM to produce a detail chart about tax due and receipts from plff.
Deft no.1 to clarify whether collection of Rs. 62,44,074/- as mentioned in table in para no 17 of plaint, paid to MCGM or not.
Next date 10.03.2021 for reply and argument of Deft no.3.
Plff and deft. no.1 will argue on 11.03.2021.
Authenticated copy given to both parties.
Matter is adjd.to 10.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2021
Date: 08-03-2021
Business: Adv. Mr. Rishant Shah for plaintiff absent.
Adv. Ms. Apurva Pawar a/w Adv. Harsha Shah for deft no.1 present.
Adv. Mr. Nandanwar for deft no.3/MCGM present.
Plff is present.
Heard part argument of adv. Rishant shah for plff. Adv. Harsha Shah for deft no.1 prayed for adjd. Adv. Mr. Nandanwar for deft no.3/MCGM don\''t have a detail chart in respect of tax due towards plff. for each year separately from 2005 onwards.
Deft no.3/MCGM to produce a detail chart about tax due and receipts from plff.
Deft no.1 to clarify whether collection of Rs. 62,44,074/- as mentioned in table in para no 17 of plaint, paid to MCGM or not.
Next date 10.03.2021 for reply and argument of Deft no.3.
Plff and deft. no.1 will argue on 11.03.2021.
Authenticated copy given to both parties.
Matter is adjd.to 10.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv. Mr. Rishant Shah for plaintiff present.
Adv. Harsha Shah for deft no.1 present.
Adv. Mr. Nandanwar for deft.no.3/MCGM present.
Mr. P.D. Katkar Supt. Award/MCGM is present.
Exh.8- Deft no.3 has submitted list of documents about details of Annual Tax, copy supplied to other side.
Heard part argument of adv. Mr. Shah and adv. Nandanwar for deft no.3.
Plff. to submit chart in respect of payment to deft no.1 regarding other amenities. Deft no.3 MCGM to submit details in respect of Tax due and receipts from other shop owners/members of CR2 mall, Nariman Point.
In view of last roznama dtd. 08.03.2021, adjourn for argument of deft no.1.
Matter is adjd.to 11.03.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 11-03-2021
Date: 10-03-2021
Business: Adv. Mr. Rishant Shah for plaintiff present.
Adv. Harsha Shah for deft no.1 present.
Adv. Mr. Nandanwar for deft.no.3/MCGM present.
Mr. P.D. Katkar Supt. Award/MCGM is present.
Exh.8- Deft no.3 has submitted list of documents about details of Annual Tax, copy supplied to other side.
Heard part argument of adv. Mr. Shah and adv. Nandanwar for deft no.3.
Plff. to submit chart in respect of payment to deft no.1 regarding other amenities. Deft no.3 MCGM to submit details in respect of Tax due and receipts from other shop owners/members of CR2 mall, Nariman Point.
In view of last roznama dtd. 08.03.2021, adjourn for argument of deft no.1.
Matter is adjd.to 11.03.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv. Mr. K.M. Kadam for plaintiff present.
Adv. Mr. Yatin Shah for defendant no.1 present.
None for deft nos. 2 and 3.
Heard part argument of adv. Mr. Yatin Shah for deft no.1.
Deft no.1 is directed to submit details of payment received by way of property tax from the plff. and deposited to the MCGM. Deft no. 1 to further clarify entire CAM Charges received from plff.
Plff to clarify correctness of pay order dtd. 09.09.2013 on page no. 105, as it is alleged by deft no.1 that it is fabricated.
Matter is adjd.to 16.03.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-03-2021
Date: 11-03-2021
Business: Adv. Mr. K.M. Kadam for plaintiff present.
Adv. Mr. Yatin Shah for defendant no.1 present.
None for deft nos. 2 and 3.
Heard part argument of adv. Mr. Yatin Shah for deft no.1.
Deft no.1 is directed to submit details of payment received by way of property tax from the plff. and deposited to the MCGM. Deft no. 1 to further clarify entire CAM Charges received from plff.
Plff to clarify correctness of pay order dtd. 09.09.2013 on page no. 105, as it is alleged by deft no.1 that it is fabricated.
Matter is adjd.to 16.03.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Mr. Rishant Shah for plaintiff, prayed for short adjd. for compliance in view of last roznama.
Adv. Mr. Nandanwar for defendant no.3/MCGM present.
Adv. Mr. Yatin Shah for deft no.1 present.
Adv. Mr. Laxwed Gorekar for deft no.2 present.
Exh.9- List of documents (1 to 27) submitted by MCGM, copy served to both side.
Exh.10- List of documents submitted by deft no.1, copy served to other side.
Matter is adjd.to 22.03.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 22-03-2021
Date: 16-03-2021
Business: Adv. Mr. Rishant Shah for plaintiff, prayed for short adjd. for compliance in view of last roznama.
Adv. Mr. Nandanwar for defendant no.3/MCGM present.
Adv. Mr. Yatin Shah for deft no.1 present.
Adv. Mr. Laxwed Gorekar for deft no.2 present.
Exh.9- List of documents (1 to 27) submitted by MCGM, copy served to both side.
Exh.10- List of documents submitted by deft no.1, copy served to other side.
Matter is adjd.to 22.03.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv. Mr. Rishan Shah for plaintiff present.
Adv. Nandanwar for deft no.3/MCGM present.
Adv. Yatin Shah for deft nos. 1, prayed for adjd to consider documents filed by other side.
Adv. Lakshyaved Odhekar for deft no.2 present.
Exh.11- Statement of account submitted by plff., copy served to other side.
Exh.12- List of documents submitted by deft no.2, copy served to plff.
Matter is adjd.to 01.04.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 01-04-2021
Date: 22-03-2021
Business: Adv. Mr. Rishan Shah for plaintiff present.
Adv. Nandanwar for deft no.3/MCGM present.
Adv. Yatin Shah for deft nos. 1, prayed for adjd to consider documents filed by other side.
Adv. Lakshyaved Odhekar for deft no.2 present.
Exh.11- Statement of account submitted by plff., copy served to other side.
Exh.12- List of documents submitted by deft no.2, copy served to plff.
Matter is adjd.to 01.04.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Adv. Mr. Kadam for plaintiff present.
Adv. Mr. Nandanwar for deft. no.3/MCGM present.
Adv. Ms. Apurva Pawar for deft. no.1, prayed for adjd.
Plff to submit clarification as mentioned in roznama dtd. 11.03.2021 about pay order on page no. 105, dtd. 09.09.2013.
Matter is adjd.to 08.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021
Date: 01-04-2021
Business: Adv. Mr. Kadam for plaintiff present.
Adv. Mr. Nandanwar for deft. no.3/MCGM present.
Adv. Ms. Apurva Pawar for deft. no.1, prayed for adjd.
Plff to submit clarification as mentioned in roznama dtd. 11.03.2021 about pay order on page no. 105, dtd. 09.09.2013.
Matter is adjd.to 08.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None for plaintiff.
Adv Shahajahad for defendant-1 present.
None for defendant nos. 2 and 3.
Matter is adjd.to 26.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021
Date: 08-04-2021
Business: None for plaintiff.
Adv Shahajahad for defendant-1 present.
None for defendant nos. 2 and 3.
Matter is adjd.to 26.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2021
Date: 26-04-2021
Business: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: None for plaintiff.
Adv. Mr. Nandanwar for defendant no.3 present.
None for deft. no.1 and 2.
Matter is adjd.to 10.06.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2021
Date: 29-04-2021
Business: None for plaintiff.
Adv. Mr. Nandanwar for defendant no.3 present.
None for deft. no.1 and 2.
Matter is adjd.to 10.06.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2021
Date: 10-06-2021
Business: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 13.08.2021 for n/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2021
Date: 14-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 13.08.2021 for n/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: None for plaintiffs.
Adv. Apurva Pawar for defendant no. 1 present.
None for defendants no. 2 and 3.
As the plaintiffs and their Advs. are remaining absent intermittently, NM is pending since long for hearing. Hence, matter is kept for necessary order.
Matter is adjd.to 06-09-2021 for order.
Next Purpose: ORDER
Next Hearing Date: 06-09-2021
Date: 13-08-2021
Business: None for plaintiffs.
Adv. Apurva Pawar for defendant no. 1 present.
None for defendants no. 2 and 3.
As the plaintiffs and their Advs. are remaining absent intermittently, NM is pending since long for hearing. Hence, matter is kept for necessary order.
Matter is adjd.to 06-09-2021 for order.
Next Purpose: ORDER
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Both the parties absent when called out.
Advocate Reshant Shah for Plaintiff present and requested
for adjournment. adjournment granted.
Advocate Shivam Bhagwati for Defendant No.1 present.
Advocate L R Odhekar for Defendant No.2 present.
Matter is adjd.to 20-09-2021 for NM hearing at 2.45
p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021
Date: 06-09-2021
Business: Both the parties absent when called out.
Advocate Reshant Shah for Plaintiff present and requested
for adjournment. adjournment granted.
Advocate Shivam Bhagwati for Defendant No.1 present.
Advocate L R Odhekar for Defendant No.2 present.
Matter is adjd.to 20-09-2021 for NM hearing at 2.45
p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv. Saloni Shah for plaintiff present and submitted that she is not able to argue the matter today and prayed for short adjournment. - granted.
Adv. Shahazhad for defendant no. 1 present.
Matter is adjd.to 18-10-2021 for argument of plaintiff.
(2.45pm)
Next Purpose: ARGUMENTS
Next Hearing Date: 18-10-2021
Date: 20-09-2021
Business: Adv. Saloni Shah for plaintiff present and submitted that she is not able to argue the matter today and prayed for short adjournment. - granted.
Adv. Shahazhad for defendant no. 1 present.
Matter is adjd.to 18-10-2021 for argument of plaintiff.
(2.45pm)
Next Purpose: ARGUMENTS
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: In view of Letter of Honble High Court dtd. 11-10-2021 and office order no. 213 of 2021 of Honble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-11-2021
Date: 18-10-2021
Business: In view of Letter of Honble High Court dtd. 11-10-2021 and office order no. 213 of 2021 of Honble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Advocate Reshant Shah for plaintiff present and prayed for
adjournment for production of documents relating to BMC.
Advocate Yatin Shah for Defendant No.1 present.
Matter is adjd.to 17-01-2022 for NM hearing. (2.45 p.m.)
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2022
Date: 23-11-2021
Business: Advocate Reshant Shah for plaintiff present and prayed for
adjournment for production of documents relating to BMC.
Advocate Yatin Shah for Defendant No.1 present.
Matter is adjd.to 17-01-2022 for NM hearing. (2.45 p.m.)
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Adv. Avni Yadav for plaintiff present.
Adv. Kajal Gupta for defendant No.1 present.
Matter is adjd.to 03-02-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2022
Date: 17-01-2022
Business: Adv. Avni Yadav for plaintiff present.
Adv. Kajal Gupta for defendant No.1 present.
Matter is adjd.to 03-02-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: Adv. Avani Yadav for plaintiff present.
Adv. Shweta Singh for defendant no. 1 present.
Matter is adjd.to 28-02-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2022
Date: 03-02-2022
Business: Adv. Avani Yadav for plaintiff present.
Adv. Shweta Singh for defendant no. 1 present.
Matter is adjd.to 28-02-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Adv. Mayur Sosa for plaintiff present.
Adv. Shweta Singh for defendant no. 1 present.
Last chance is given to the plaintiff for argument in NM No. 2471/19.
Matter is adjd.to 22-03-2022 for NM Hrg (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2022
Date: 28-02-2022
Business: Adv. Mayur Sosa for plaintiff present.
Adv. Shweta Singh for defendant no. 1 present.
Last chance is given to the plaintiff for argument in NM No. 2471/19.
Matter is adjd.to 22-03-2022 for NM Hrg (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: Adv. Avani Yadav for plaintiff present and prayed for adjournment - short date be given.
Adv. Yatin Shah for defendant no. 1 present.
Matter is adjd.to 12-04-2022 for NM Hrg.(2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2022
Date: 22-03-2022
Business: Adv. Avani Yadav for plaintiff present and prayed for adjournment - short date be given.
Adv. Yatin Shah for defendant no. 1 present.
Matter is adjd.to 12-04-2022 for NM Hrg.(2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: None for plaintiff.
Adv. Divya Tekwani for defendant no. 1 present.
None for defendants no. 2 and 3.
The plaintiff has filed NM No. 2471/19 on 28-06-2019, but the plaintiff failed to advance argument in NM proceeding. Considering time taken to argue NM , it appears that the plaintiff is not interested in seeking interim reliefs prayed in NM. Hence, NM No. 2471/19 is dismissed in default. Proceeding of NM No. 2471/19 is closed.
Matter is adjd.to 21-06-2022 for statement of truth and
admission and denial by both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-06-2022
Date: 12-04-2022
Business: None for plaintiff.
Adv. Divya Tekwani for defendant no. 1 present.
None for defendants no. 2 and 3.
The plaintiff has filed NM No. 2471/19 on 28-06-2019, but the plaintiff failed to advance argument in NM proceeding. Considering time taken to argue NM , it appears that the plaintiff is not interested in seeking interim reliefs prayed in NM. Hence, NM No. 2471/19 is dismissed in default. Proceeding of NM No. 2471/19 is closed.
Matter is adjd.to 21-06-2022 for statement of truth and
admission and denial by both sides.
Disposal Date: 12-04-2022
Date: 18-04-2022
Business: None for plaintiff.
Adv. Divya Tekwani for defendant no. 1 present.
None for defendants no. 2 and 3.
The plaintiff has filed NM No. 2471/19 on 28-06-2019, but the plaintiff failed to advance argument in NM proceeding. Considering time taken to argue NM , it appears that the plaintiff is not interested in seeking interim reliefs prayed in NM. Hence, NM No. 2471/19 is dismissed in default. Proceeding of NM No. 2471/19 is closed.
Matter is adjd.to 21-06-2022 for statement of truth and
admission and denial by both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Adv. Avani yadav for plaintiff present.
Adv. Shweta Singh for defendant no.1 present.
Defendant No. 2 and 3 absent.
Adjd for NM hearing to 25/07/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022
Date: 21-06-2022
Business: Adv. Avani yadav for plaintiff present.
Adv. Shweta Singh for defendant no.1 present.
Defendant No. 2 and 3 absent.
Adjd for NM hearing to 25/07/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: PO on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2022
Date: 25-07-2022
Business: PO on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2022
Date: 06-09-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: Adv. Priti Kamble for plaintiff present and seeks time to argue NM
Adv. Shweta Singh for defendant present and submitted that settlement talks are going on.
Adjd for NM hearing to 12/12/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022
Date: 04-11-2022
Business: Adv. Priti Kamble for plaintiff present and seeks time to argue NM
Adv. Shweta Singh for defendant present and submitted that settlement talks are going on.
Adjd for NM hearing to 12/12/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Adv. Deepadnya Valanj for plaintiff present and submitted that settlement talks are going on.
Adv. Shraddha Ghag for defendant present.
Defendant submitted that part payment was also made to plaintiff. Adv. for plaintiff also admitted this fact that part payment is made.
Adjd for NM hearing to 10/01/2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2023
Date: 12-12-2022
Business: Adv. Deepadnya Valanj for plaintiff present and submitted that settlement talks are going on.
Adv. Shraddha Ghag for defendant present.
Defendant submitted that part payment was also made to plaintiff. Adv. for plaintiff also admitted this fact that part payment is made.
Adjd for NM hearing to 10/01/2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Adv. Deepadaya Walaj for plff is present and submitted that last roznamad dated12-12-2022 i.e. settlement talkes going on and part payment was made by the defendant to the plaintiff. She submitted that no settlement talkes going on between the parties.
Adv. Shweta Singh for deft is present and submitted that the plaintiff has made part payment therefore, the roznama be corrected in that respect. Ld Adv for the plaintiff submitted that she will take instructions from her senior about part payment. Both parties sought adjournment for hearing on NM. Granted.
Case adjourned for NM hearing to 23-01-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2023
Date: 10-01-2023
Business: Adv. Deepadaya Walaj for plff is present and submitted that last roznamad dated12-12-2022 i.e. settlement talkes going on and part payment was made by the defendant to the plaintiff. She submitted that no settlement talkes going on between the parties.
Adv. Shweta Singh for deft is present and submitted that the plaintiff has made part payment therefore, the roznama be corrected in that respect. Ld Adv for the plaintiff submitted that she will take instructions from her senior about part payment. Both parties sought adjournment for hearing on NM. Granted.
Case adjourned for NM hearing to 23-01-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: P.O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: Adv Priti Kamble i/b M/s. Lex conseiller for plaintiff is present and sought time for NM hearing.
None for defendant.
Case is adjourned for NM hearing to 24-02-2023.
L.O. at 3.09 pm
Adv Yatin Shah for defendant is present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2023
Date: 06-02-2023
Business: Adv Priti Kamble i/b M/s. Lex conseiller for plaintiff is present and sought time for NM hearing.
None for defendant.
Case is adjourned for NM hearing to 24-02-2023.
L.O. at 3.09 pm
Adv Yatin Shah for defendant is present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: Adv. Priti Kamble i/b M/s. Lex conseiller for plaintiff is present and sought time for NM hearing. Last chance granted.
Adv. Shweta Singh h/f Adv. Yatin Shah for defendant is present.
Case is adjourned for NM hearing to 27-02-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2023
Date: 24-02-2023
Business: Adv. Priti Kamble i/b M/s. Lex conseiller for plaintiff is present and sought time for NM hearing. Last chance granted.
Adv. Shweta Singh h/f Adv. Yatin Shah for defendant is present.
Case is adjourned for NM hearing to 27-02-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Adv Priti Kamble i/b M/s. Lex conseiller for plaintiff is present and sought adjournment as senior counsel busy in other Court. Granted.
Adv Yatin Shah for defendant no.1 is present.
Case is adjourned for NM hearing to 06-03-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2023
Date: 27-02-2023
Business: Adv Priti Kamble i/b M/s. Lex conseiller for plaintiff is present and sought adjournment as senior counsel busy in other Court. Granted.
Adv Yatin Shah for defendant no.1 is present.
Case is adjourned for NM hearing to 06-03-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Adv. Ishant Shah for plaintiff present.
Adv. Yatin Shah for defendant no. 1 present.
None for defendant no. 2 and 3.
Adv for plaintiff submitted that he wants to withdraw the NM 2471/2019 with liberty to file NM in case defendant no. 3 issues any notices to this connect. Plaintiff’s Adv also put his submission on record below the NM.
Defendant no. 1 has no objection to withdrawal of NM 2471/2019.
Order passed on NM 2471/2019
Case is adjourned on 03.04.2023 for Admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-04-2023
Date: 06-03-2023
Business: Adv. Ishant Shah for plaintiff present.
Adv. Yatin Shah for defendant no. 1 present.
None for defendant no. 2 and 3.
Adv for plaintiff submitted that he wants to withdraw the NM 2471/2019 with liberty to file NM in case defendant no. 3 issues any notices to this connect. Plaintiff’s Adv also put his submission on record below the NM.
Defendant no. 1 has no objection to withdrawal of NM 2471/2019.
Order passed on NM 2471/2019
Case is adjourned on 03.04.2023 for Admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-04-2023
Date: 03-04-2023
Business: Adv. Vishal Shah for plaintiff is present.
Adv. Shweta Singh for defendant no.1 is present.
I perused the roznama dated 06-03-2023. On last date the plaintiff submitted that he wants to withdraw the NM no. 2471 of 2019 and he put his submission on writing on NM. The defendant no.1 has no objection to withdraw the NM. Therefore, NM needs to be disposed off. Hence, i passed following order-
ORDER
1. The Notice of Motion No. 2471 of 2019 is disposed off as withdrawn with liberty to file fresh Notice of Motion in case the defendant no.3 issue any notice.
2. Parties to bear their respective costs.
3. Proceeding of Notice of Motion No. 2471 of 2019 is closed.
Case is adjourned for admission and denial to 24-04-2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-04-2023
Date: 03-04-2023
Business: None for plaintiff.
Adv. Divya Tekwani for defendant no. 1 present.
None for defendants no. 2 and 3.
The plaintiff has filed NM No. 2471/19 on 28-06-2019, but the plaintiff failed to advance argument in NM proceeding. Considering time taken to argue NM , it appears that the plaintiff is not interested in seeking interim reliefs prayed in NM. Hence, NM No. 2471/19 is dismissed in default. Proceeding of NM No. 2471/19 is closed.
Matter is adjd.to 21-06-2022 for statement of truth and
admission and denial by both sides.
Disposal Date: 03-04-2023
Date: 24-04-2023
Business: Adv Reshan Saha for plaintiff is present.
None for defendant.
Case is adjourned for admission denial to 20-06-2023.
L.O. at11.42 am
Adv. Shweta Singh for defendant is present.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: Mr. Pravin Juneja Vs M/s. Peninsula Crossroads Pvt. Ltd.
Adv. Roshan present for plaintiff.
Adv. Shweta present for defendant. No.1.
Plaintiff to lead evidence next date.
Matter adjourned to 08.08.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-08-2023
Date: 08-08-2023
Business: Mr. Pravin Juneja Vs M/s. Peninsula Crossroads Pvt.Ltd.
Adv. Reshant Shah present for plaintiff.
Adv. Shweta Singh present for defendant no.1
Exh.08 Adv. for plaintiff filed draft Chamber Summons. O- Leave is granted to register the CHS.
Exh.09 Adv. for plaintiff filed affidavit in support of Chamber Summons.
Copy supplied to other side.
Matter adjourned to 29.08.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2023
Date: 29-08-2023
Business: Mr. Pravin Juneja Vs M/s. Peninsula Crossroads Pvt. Ltd.
Plaintiff side called, but absent.
Adv. Kavita Mungse present for defendant No.1.
She is seeking oral adjourned to filed reply to Chamber Summons.
Matter adjourned to 09.10.2023 for reply to Chamber Summons.
Next Purpose: C/S REPLY
Next Hearing Date: 09-10-2023
Date: 09-10-2023
Business: Mr. Pravin Juneja Vs M/s. Peninsula Crossroads
Adv. Reshant Shah present for plaintiff.
Adv. Kavita Munse present for defendant No.1.
Defendant to file reply by next date.
Matter adjourned to 30.10.2023 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: Pravin Juneja V/s Peninsula Crossroads
Plaintiff side called, but absent.
Adv. Ms. Kavita Munse present for defendant No.1.
Parties to complete pleading regarding pending applications.
Later on at 15.00 Hrs.
Adv. Ms. Kavita Munse present for defendant No.1.
Exh.10 - Reply to Chamber summons filed by defendant
Case adjourned to 30.01.2024 Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Pravin Juneja V/s Peninsula crossroads
Adv. Ayushi Mishra present for plaintiff.
Defendant side called, but absent.
Plaintiff is seeking oral adjournment.
Chamber Summons No.101421 / 2023 is filed on 08.08.2023 and is pending since then for arguments.
Parties to conclude arguments by next date. Else, put for necessary Order.
Later on at 15.16 Hrs.
Adv. Kavita Mungse present for defendant No.1.
Case adjourned to 14.03.2024 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 14-03-2024
Date: 14-03-2024
Business: Mr. Pravin Juneja Vs M/s. Peninsula Crossroads Pvt. Ltd.
Adv. Reshant Shah present for plaintiff.
Adv. Kavita Mungse present for defendant.
Heard Adv. Reshant Shah on Chamber Summons No. 1421/2023.
Defendant to argue on next date without fail.
Suit adjourned to 16.03.2024 C/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 16-03-2024
Date: 16-03-2024
Business: Pravin Juneja v/s Peniunsula Crossroads
Adv. Manan Shah present for plaintiff.
Heard Adv. Harsha Shah for defendant No.1.
Suit adjourned for arguments of defendant No.2 and 3. on Chamber summons.
Suit adjourned to 03.04.2024 for arguments on Chamber Summons.
Next Purpose: C/S HEARING
Next Hearing Date: 03-04-2024
Date: 03-04-2024
Business: Adv. Manan shah present for plaintiff.
Adv. Kavita Mungse present for defendant No.1.
Suit is pending for argument of defendant No.2 and defendant No.3 on Chamber Summons.
Said defendants are granted last opportunity to argue the Chamber Summons.
Suit adjourned to 29.04.2024 for hearing Chamber Summons.
Next Purpose: C/S HEARING
Next Hearing Date: 29-04-2024
Date: 29-04-2024
Business: Pravin Juneja V/s Peninsulla corssroad
Plaintiff side called, but absent.
Defendant side called, but absent.
Plaintiff to take steps.
Suit adjourned to 03.07.2024 for ch/s hearing.
Later on at 12.22 Hrs.
Adv. Manan Shah present for plaintiff.
Adv. Harsha Shah present for defendant No.1.
Suit adjourned to 03.07.2024 for ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 03-07-2024
Date: 03-07-2024
Business: Mr. Pravin Juneja Vs M/s. Peninsula Crossroads Pvt.
Intern Maithili Gala present for plaintiff.
Adv. Pooja Yadav present for defendant no.1
Exh.11- Vakilpatra of Defendant no.1.
Defendant no.2 and 3 failed to argue the Chamber Summons. Hence, Chamber Summons is adjourned for orders.
Suit adjourned to 17.08.2024 for orders on Chamber Summons.
Next Purpose: C/S HEARING
Next Hearing Date: 17-08-2024
Date: 17-08-2024
Business: Mr. Pravin Juneja Vs M/s. Peninsula Crossroads Pvt. Ltd.
Intern Maithili Gala present for plaintiff.
Adv. Shivani Prasad present for defendant no.1.
Suit is kept back for Order.
Later on at 13.27 Hrs.
Adv. Lakshyaved Odhekar present for defendant no.2.
Later on at 14.55 Hrs.
Adv. Vinisha Bhavnani present for defendant no.1.
Through Chamber Summons No. 101421 / 2023, plaintiff is seeking permission to plead additional facts in the Plaint and to seek additional relief of recovery.
Perused Record.
Heard Adv. Reshant Shah for plaintiff.
Heard Adv. Harsha Shah for defendant No. 1.
Despite directions from 30.01.2024, defendant No. 2 and No. 3 failed to take steps regarding the Chamber Summons. Today, D2 and D3 are called, but absent. There is no explanation or adjournment from these defendants for not taking steps regarding Chamber Summons. Sufficient time and opportunities were available to these defendants to comply the Court direction. However, they failed. Hence, pending Chamber Summons is being disposed off, on the face of record.
Plaintiffs Pravin Juneja and Bela Juneja, residents of Delhi, filed present Commercial Suit No. 100032 / 2019, against defendant No. 1 Peninsula Crossroads which is builder, defendant No. 2 CBRE South Asia which is Service Provider and defendant No. 3 MCGM, which is a statutory organization.
According to plaintiff, vide Agreement Dt. 10.10.2005, it had purchased Unit No. 102 from D1. However, D1 failed to provide various amenities and services as agreed in the Agreement.
Thereafter, D1 appointed D2 as service provider. However, said D2 is also not providing proper services.
Plaintiff has paid Property Taxes with D1. However, later on, plaintiff got the knowledge that, it was D1, who was required to pay the Property Tax.
As both defendants jumped the Agreement and caused inconvenience, hence plaintiff preferred present Suit on 03.05.2019 for following reliefs
1. Defendants be directed to provide the agreed services / amenities.
2. Defendants be directed to reduce the maintenance charges.
3. Defendants be directed to refund the excess money with interest @ 21 Percent.
4. Defendants be directed to adjust the excess maintenance amount towards future maintenance charges.
5. D1 and D2 be directed to deposit the Property Taxes with D3.
6. D1 and D2 be directed to pay the damages.
Perusal shows that, on 03.05.2019, plaintiff sought exemption from Pre-Institution Mediation. Same was granted to the plaintiff.
On 04.10.2019, D1, on 26.11.2019 and on 02.08.2019, D1, D2 and D3 filed their respective Written Statements.
Through Chamber Summons No. 1421 / 2023, plaintiffs contended that, they had communication with MMRDA on 28.12.2019, 11.02.2020 and 02.03.2020. During said communication, plaintiffs got knowledge that, MMRDA had issued some directions regarding the property. Further, MMRDA had also inspected the premises on 10.03.2022. Plaintiffs also got the knowledge that there is sublease Dt. 03.01.2001. According to plaintiff, he got all these details only on 17.03.2022 and hence it is necessary for plaintiff to bring those facts on record. Further, plaintiffs are also required to recover Rs. 10,32,132/-, which has been unlawfully collected by D1 from plaintiff. Hence, plaintiff is seeking amendment regarding additional pleading and additional relief of recovery.
D1 filed reply Exh. 10, Dt. 14.03.2024 and opposed the Chamber Summons.
Plaintiff has put forth very complex set of facts, wherein, not only plaintiff, D1 and D2 appears to be involved, but also statutory organization like MCGM, MMRDA are also related. The rights and duties of the parties pertaining to the Agreement will require adjudication in backdrop of the directions issued by these statutory organizations. Therefore, whatever additional pleading, the plaintiff is seeking, is just for fair adjudication of the dispute.
If any party, for technical reasons, is deprived of raising its case, then it may result in improper adjudication. That may lead to complexity in the dispute and may also lead to multiplicity of litigation. If that happens, then it drags the parties into further litigation, causing serious prejudices to them. Hence, it is always in the interest of justice that, both contesting parties are provided sufficient opportunities to raise their contentions and to prove their case.
If plaintiff is permitted to carry out amendment, then in that circumstances, the defendants will be at liberty to carry out consequential amendments. That will help proper adjudication of the dispute, which will be in the interest of parties themselves. Therefore, the Chamber Summons deserves to be allowed and is ordered accordingly.
ORDER
1. Chamber Summons No. 101421 / 2023, is allowed.
2. By next date, plaintiff shall carry out necessary amendment, shall file copy of amended Plaint and shall supply copy of amended Plaint to defendants.
3. If plaintiff fails to comply the Order by next date, then the Suit shall proceed further.
4. Proceeding of Chamber Summons No. 101421 / 2023 is closed.
5. Order pronounced in open Court.
6. Defendants be informed about their right to challenge this Order and period of limitation for the same.
7. Record of Chamber Summons shall be part of Commercial Suit No. 100032 / 2019.
Suit adjourned to 31.08.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-08-2024
Date: 31-08-2024
Business: Mr. Pravin Juneja Vs M/s. Peninsula Crossroads Pvt. Ltd.
Intern Maithili Gala present for plaintiff.
Adv. Shivani Prasad present for defendant no.1.
Exh.12- Application filed by plaintiff seeking extension of time to carry out amendment.
Defendant no.1 submitted no objection.
Adjournment allowed for today. Plaintiff to carry out amendment by next date.
Suit adjourned to 21.09.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-09-2024
Date: 21-09-2024
Business: Mr. Pravin Juneja Vs M/s. Peninsula Crossroads Pvt. Ltd.
Intern Maithili Gala present for plaintiff.
Adv. Shivani Prasad present for defendant no.1.
Parties to take appropriate steps on next date.
It appears that, the concerned clerk has not uploaded PDF order dt. 17.08.2024.
Concerned clerk to upload order in PDF and comply forthwith.
Parties to take appropriate steps.
Suit adjourned to 18.11.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-11-2024
Date: 18-11-2024
Business: Mr. Pravin Juneja Vs M/s. Peninsula Crossroads Pvt. Ltd.
Adv. Maithili Gala present for plaintiff.
Adv. Vinisha Bhavnani present for defendant no.1.
Concerned clerk to comply Order dt. 21.09.2024.
Parties to take appropriate steps.
Parties are directed to e-file all their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, its replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 16.01.2025 for steps.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-01-2025
Date: 16-01-2025
Business: Mr. Pravin Juneja Vs M/s. Peninsula Crossroads Pvt. Ltd.
Intern Aayushi Dalvi present for plaintiff.
Adv. Kshitij Abbhi present for defendant.
Defendant is seeking oral adjournment to file consequential amendment.
Parities to take appropriate steps.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 25.03.2025 for steps.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-03-2025
Date: 25-03-2025
Business: Adv. Reshant Shah for plaintiff present.
Adv. Hetal Jobanputra for defendant No.1 present.
Adv for the defendant filed draft Notice of Motion along with affidavit in support. TOR.
O. Leave is granted to register the same.
Order on draft Notice of Motion .
The defendant has filed this notice of motion for filing additional written statement which is consequential to the amendment carried out by the plaintiff in the plaint, and for condonation of delay of 155 days in filing the additional written statement. The Plaintiff has filed say on the overleaf and strongly objected this NM.
Perused motion, affidavit in support and say. Heard the Ld advocates appearing for the parties.
As per paragraph No.8 of the affidavit in support, it is stated on 21.10.2024 the amended copy of plaint was served upon the defendant and thereafter, they took instruction and collated the documents, required for the additional written statement, therefore the delay of 155 days. The plaintiff has objected by giving say. i do not find any malafide on the part of the defendant to protract the matter. Even otherwise these being a consequential amendment in the written statement by the defendant, the same needs to be considered favourably. Hence, following order;
i. Notice of motion stands allowed and made absolute in prayer
clause No(a) and (b).
ii. Defendant No.1 to carry out the amendment in the written
statement within 14 days from today and file amended written
statement simultaneously and serve the copy of amended
written
statement upon the ld advocate for the plaintiff
iii. Draft Notice of Motion be registered for statistical purpose.
iv. Order dictated and pronounced in open court.
v. Record of draft Notice of Motion shall be part of Commercial Suit
No. 32/2019.
Matter stands Adj for compliance on 06-05-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-03-2025
Date: 29-03-2025
Business: (NOB/TOB)
Registered NM 1891/2025 along with affidavit in support received from Main Branch which was disposed on 25-03-2025 for statistical purpose. It be kept on record.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-05-2025
Date: 06-05-2025
Business: Adv. Maithily Gala for plaintiff present.
Adv. Hetal Jobanputra for defendant No.1 present.
Ld. advocate appearing for the plaintiff brought to the notice of the court that in operative clause no.2 of the order date 25.03.2025 on draft Notice of Motion wrongly it was typed as Defendant No.1 to carry out the amendment in the written statement within 14 days from today and file amended written statement simultaneously and serve the copy of amended written statement upon the ld Advocate for the plaintiff.
I have perused the prayer clause (a) and (b) of draft notice of motion. It was filed for condonation of the delay in filing additional written statement and to take on record. The additional written statement. Hence, clause no.2 of the operative part of the order date 25.03.2025 be corrected and read as under:
Operative clause no. ii.
Delay of 155 days in filing the additional written statement is condoned. The defendant No.1 do file the additional written statement on record by the next date and serve the copy thereof upon the plaintiff. Rest of the order dated 25.03.2025 stands unchanged.
Exh.13 Additional written statement filed by the defendant No.1.
O. Seen.
Copy be served to other side.
Matter stands Adj to 01-07-2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-07-2025
Date: 01-07-2025
Business: None present for plaintiff.
Adv. Shivani Prasad i/b Jayakar and Partners for defendant No.1 present.
Exh.14 Draft issues filed by defendant No.1
Copy be served to other side.
Plaintiff has not yet filed draft issues. Plaintiff may filed it on next date.
Matter stands Adj to 25-08-2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-08-2025
Date: 25-08-2025
Business: Adv. Reshant Shah for plaintiff present.
Adv. Shivani Prasad i/b Jayakar and Partners for defendant No.1 present.
Only defendant No.1 filed draft issues. Remaining defendants failed to file draft issues till this date. On oral request of advocate for plaintiff time granted as a last chance to file draft issues.
Matter stands Adj to 15-09-2025 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-09-2025
Date: 15-09-2025
Business: Adv. Maithili Gala i/b Lex Conseiller for plaintiff present.
Adv. Shivani Prasad i/b Jaykar Partners for defendant present through VC.
Exh.15 Draft issues filed by plaintiff. O-Seen.
Copy be served on other side.
Matter stands Adj to 29-10-2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-10-2025
Date: 29-10-2025
Business: None present for plaintiff.
Adv. Hetal Jobanputra i/b Jayakar and Partners for defendant No.1 present.
Exh.16 Issues framed.
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, Plaintiff, within next 15 days, shall file evidence-affidavits of all witnesses.
3)
Thereafter, within next 60 days, plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from plaintiff side.
4)
Thereafter, within next 15 days, defendant shall file evidence affidavit of his witnesses, if any.
5)
Thereafter, within next 60 days, plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from defendant side.
6)
Thereafter, parties shall conclude their arguments within 30 days.
7)
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.
Matter stands Adj to 21-11-2025 for list of witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2025
Date: 21-11-2025
Business: Adv. Maithili Gala i/b Lex Conseiller for plaintiff present.
Adv. Shivani Prasad i/b Jayakar and Partners for defendant present through VC.
Exh.17 List of witness filed by plaintiff. O-Seen.
Matter stands Adj to 09-12-2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2025
Date: 09-12-2025
Business: Adv. Maithili Gala i/b Lex Conseiller for plaintiff present.
Adv. Vinisha Bhavnani for defendant present through VC.
Plaintiff filed list of witness on previous date. As a last chance time is granted to defendant to file list of witness.
Matter stands Adj to 15-01-2026 for filing list of witnesses.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-01-2026
Date: 15-01-2026
Business: As per Office Circular No.14 of 2026 dated 12.01.2026, 15th January 2026 is declared as Public Holiday on account of Election of Bombay Municipal Corporation.
Matter stands Adj to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2026
Date: 10-02-2026
Business: Adv. Saurabh Bhor i/b Lex Conseiller for plaintiff present.
Adv. Hetal Jobanputra i/b Jayakar Partners for defendant No.1 present.
Exh.18 List of witness filed by defendant No.1.
Matter stands Adj to 16-03-2026 for inspection of documents.
Next Purpose: FOR___________________
Next Hearing Date: 16-03-2026
Date: 16-03-2026
Business: Adv. Reshant Shah for plaintiff present.
Adv. Kshitij Abbhi for defendant No.1 present through VC.
On oral request of advocate for plaintiff, matter stands Adj to 13-04-2026 for inspection of documents.
Next Purpose: FOR___________________
Next Hearing Date: 13-04-2026
Date: 13-04-2026
Business: Adv. Reshant Shah for plaintiff present.
Adv. Mihir Kakade i/b Jayakar Partners for defendant No.1 present.
Exh.19 Application filed by plaintiff for recasting of issues.
Copy is served on other side. Call reply of other side on Exh.19.
Adv for plaintiff filed draft Notice of Motion along with affidavit in support. TOR.
O. Leave is granted to register the same.
Copy is served on other side.
Matter stands Adj to 04-05-2026 for reply on Exh.19 and tendering registered NM.
Next Purpose: REPLY
Next Hearing Date: 04-05-2026
Date: 04-05-2026
Business: Adv. Reshant Shah for plaintiff present through VC.
Adv. Shivani Prasad for defendant is present.
Clerk of Advocate for plaintiff tendered registered NM.
Exh 20 Reply filed by defendant. Copy be served on other side.
Exh 21 Reply filed by defendant to Exh.19. Copy be served on other side.
Matter stands Adj to 24.06.2026 for argument of Exh.19 and NM.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 24-06-2026
Date: 24-06-2026
Business: None present for plaintiff.
Adv Shivani Prasad i/b Jaykar and partners present for defendant no.1 and advanced argument on Exh. 19.
Matter stands Adj for framing of additional issues 14.07.2026
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-07-2026
Date: 14-07-2026
Business: Adv. Reshant Shah for plaintiff present through VC.
Adv. Kshitij Abbhi for defendant No.1 present.
As Court is busy in dictating Judgment in Com Suit 164/2022, order in NM No.5233/2024 (Com Suit 798/2024), NM 5847/2024 (Com Suit 1213/2024), NM 6210/2025 (Com Sum 394/2024) and cross examination of witness who was present through VC from West Bengal in Com Suit 308/2024 (HC Suit No.132/2018 in Second Session). Therefore, due to paucity of time the matter is adjourned
Matter stands Adj to 25-08-2026 for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-08-2026
Date: 25-08-2026
Business: PO IS ON LEAVE.
MATTER ADJD TO
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-09-2026