Date: 09-07-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-09-2018
Date: 24-09-2018
Business: Court is vacant.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-01-2019
Date: 09-01-2019
Business: Adv. J. Shah for plaintiff present.
Adv. Tribhuvan for defendant present.
Adv for plaintiff filed rejoinder to NM No. 1593/18.
The defendant is directed to remain present on next date.
Adjd for hearing of NM/CS to 22/03/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-03-2019
Date: 22-03-2019
Business: Adv Chande for plaintiff present.
Adv Shaikh for intervenor present.
Adv Karvande for contesting deft. present.
Adv for applicant stated that the applicants are present before the court they will not be pay the royalty f Rs.30000/- per month to the receiver. Adv for applicant stated that they will handover the keys before the court to that adv for Plaintiff stated that there is already direction of the Hon\''ble court in NM No.89 of 2009 in Suit No.14 of 2009 with Contempt Petition No.6 of 2010 that court receiver is already appointed therefore the handover the keys to the receiver.
The direction was given to the advocate for the applicant to file pursis whatever orally stated by him in presence of applicant with the signature of the applicant. To that advocate for applicant stated that the ch/sum is pending for hearing in respect of quantum of royalty of the premises. Therefore after decision of ch/sum they will decide to handover the keys.
Adv for applicant requested for date, granted as last chance as ch/sum is pending since 2012. Adv for applicant stating that not to write as last chance as it is not his fault. He has already argued the ch/sum but it was not decided and adjourned for orders. There is direction to dispose of old ch/sum, NM, and summons for Judgment pending for more than 5/10 years.
Therefore, the request of applicant not to state as last chance cannot be accepted in case it is not argued the ch/sum will be decided without argument.
Adjd to 3/04/2019 for hearing on ch/sum no.1239/12.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-04-2019
Date: 03-04-2019
Business: Adv. Chande for plaintiff present.
Adv. Shaikh for intervener present.
Adv. Karwande for contesting defendant present.
While dictating the order below chamber summons as it was withdrawal Adv. Karwande appeared before the Court and stated that he has no objection for withdrawal however certain directions are required in the said chamber summons when the application of the applicants to withdraw is considered. He wants to argue the application.
Hence adjd for arguments to 16/04/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 08-07-2019
Date: 08-07-2019
Business: None present for Plaintiff.
Defendant no.1 present. Advocate Mr. Ajit Karvande for Defendants present
K.B.
L.O.
Mr. S. P. Dusane, representative of Court Receiver, Hon\''ble High Court present and filed xerox copy of meeting note of the meeting dated 25/04/2019, t.o.r.
Advocate Mr. Chande for Plaintiff present
Defendant no.1 present.
Applicant in Chamber Summons present.
Defendant no.1 is directed to secure today itself, presence of his advocate for arguing about the withdrawal of Chamber Summons by applicant.
K.B.
L.O. at 5.20 p.m.
Defendant no.1 and 3 submitted that they are unable to contact their advocate even by phone and matter may be adjourned. It is made clear that this suit is pending for last 10 years and Chamber Summons is pending for more than 7 years, in such circumstances adjmt can not be granted, hence It is made clear that if on next date Defendants advocate will not argue Chamber Summons court will be compelled to pass necessary orders in respect of disposal of Chamber Summons no.1239/12.
Case is adjourned to 12/07/2019 at 2.45 p.m. for Chamber Summons hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2019
Date: 12-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-10-2019
Date: 24-10-2019
Business: Matter is already adj to 03/12/2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Matter called out(11.43am)
Adv.Yuvraj R.Tribhuvan i/b Adv.Ajit S. Karwande for defendant no.2 present.
kept back at 4.00pm
Second time matter called out(4.34pm)
Adv. Jesal Shah i/b Daru Shah for plaintiff present.
Adv.Yuvraj R.Tribhuvan i/b Adv.Ajit S. Karwande for defendant no.2 filed pursis informing that defendant no.2 expired on 01/12/2019. Hence, in view of the about plaintiff to take appropriate steps. (Exh-2)T.O.R
(Mr.A.J.Yadav) Representative of court receiver filed report. (Exh-3) T.O.R.
Adv.Shaikh for defendant no.1 to 3 present.
ORDER BELOW EXH-3 OF COURT RECEIVER REPORT.
It is inform that, the defendant no.1 to 3 are ready to handover the possession of the suit property to the court receiver. In pursuance of the same they have issued letter dated 20/06/2019 to the court receiver. Court receiver is present in the court. In view of the statement made by the defendant court receiver is directed to take the possession of the suit premises.
As per the receiver report and amount of Rs.35,44,200/- is due and payable from agent (Moonlight) of court receiver.
The agent is (Moonlight) is directed to deposit the aforesaid amount with the court receiver.
Cost of Rs.3,000/- is allowed to be appropriated to court receiver out of the funds in the hand of receiver.
Matter is adj to 09/01/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Matter is called out at 3.09pm
Adv.Prashant Chande i/b Jesal Shah i/b Daru Shah and Company for plaintiff present tendered registered C/S No.2293/19.
Adv.Yuvraj R. Tribhuvan for defendant no.1 present.
Heard both the side.
F.R.S.R Following order is passed on C/S No.2293/19.
ORDER
1.Chamber Summons No. 2293 of 2019 is made absolute in terms of prayer clause (a) and (b).
2.Plaintiff to carryout necessary amendments as per schedule within 14 days from the date of order.
3.Chamber Summons No. 2293 of 2019 is disposed off accordingly.
Mr.S.P.Dusure representative of court receiver submitted side report whereby inform that they have obtain the possession of suit property Moon Light Electroplaters Meters. (Exh-4) and thus compliance dated 03/12/2019 is completed. O-Seen and filed.
Adv. for defendant inform that defendant no.2 has expired hence, he is seeking time. Time granted.
Matter is adj to 04/02/2020 for N/M hearing/compliance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: PO IS ON LEAVE.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Matter is called out at 2.48pm
Adv.Prashant Chande a/w Jesal Shah i/b Daru Shah and Company for plaintiff present
Adv.Ajit S. Karwande for defendant no.2 present.
Mr.S.P.Dusane representative of court receiver present.
Court receiver is directed to issue remainder letter to the def.no.3 for recovery of the amount as per order dated 03/12/2019.
After arguing N/M No. 1593/18 and having discussion with both the side who are present with their advocates, by consent of the parties matter refer to Judge mediator.
Matter is adj to 24/03/2020 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Business: Adv.Jesal Shah i/b Daru Shah for plaintiff present.
Defendant and his advocate absent.
Matter is adj to 25/11/2020 for mediation report
Next Purpose: MEDIATION REPORT
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Due to Covid-19 none present.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Plaintiff and advocate absent
Adv Yuvraj Tribhuvan for defendant no.2 present.
Mediation report not received.
Matter adjd for mediation report on 03/04/2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Adv. for plaintiff present. He submitted that mediation between the parties are in progress.
Matter adjd for mediation report on 15/06/2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Reason For Adjournment: court time is over
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: None present for plaintiff.
None present for defendant.
Adjourned for mediation report on 27.09.2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Court is on Leave.
Next Purpose: C/S HEARING
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: Advocate Shah for plaintiff is present.
None present for defendant.
Adjourned for CS hearing to 09.03.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: COURT IS VACANT
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: The Court is vacant. Hence, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: Adv. Prashant Chande for plaintiff present.
Adv. Karvnde for defendants present.
Partly heard.
Matter is adjd.to 29.03.2023 for recording evidence.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: Advocate Prashant Chande for plaintiff is present.
Advocate Ajit Karvande for defendant no. 1 to 3 is present.
None for other defendant.
Heard both sides on NM NO. 1593/18.
Adjd. for NM order to 06/04/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: NM ORDERS
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Plaintiff in person present.
Advocate Girish Karvande for defendant is present.
Adjd. for NM order to 13/04/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: Plaintiff in person present.
Advocate Girish Karvande for defendant present.
F.R.S.R. the following order is passed on Notice of Motion No. 1593/18.
ORDER
1. Notice of Motion No. 1593 of 2018 is rejected.
2. Proceeding of Notice of Motion No. 1593 of 2018 is hereby closed.
Nature Of Disposal: DISMISSED
Disposal Date: 13-04-2023