Ashok Khetan and Ors. - Applicant Akhil Bhartiya Varshiya Marwari Agarwal Jatiya KoshVsBMC AND ANR.

Date: 26-11-2020
Business: Adv. Raj Patel for plaintiff present.
Adv. Dhuri for defendant/BMC present.
Daughter of deceased D/2 is present. She is present along with the death certificate of deceased D/2. It appears that D/2 has demised on 14.12.2019.She also submitted that her lawyer is on maternity leave and is going to attend in next month.
Matter adjd. to 14.01.2021 filing registered NM
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Advocate for plaintiff present.
Advocate for defendant no. 2 present
Advocate  Neeta Jadhav for defendant no. 1/BMC present.
Plaintiff and def. no. 2 have orally submitted that there is likelihood of settlement between parties. Todays matters be posted along with other similar matter posted on 16/02/2021. Request considered.
Adjourned for N/M Hearing to 16/02/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: None for plaintiff.
Advocate for defendant no. 2 present.
Advocate for defendant/BMC present.
Adjourned for N/M reply to 30/03/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Business: Due to Covid-19. Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: Adjourned due to Covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: None present for plaintiff.
Advocate for defendant no. 2 present.
Advocate Mrs. Dhuri for defendant/BMC Present.
Adjd for R/E to 28/09/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Advocate for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Advocate for Defendant No. 2 present
Adjd for R.E. to 25.11.2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2021

Date: 25-11-2021

Date: 13-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjd for R/E. to 01.03.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: Advocate Dhiraj Mehetre a/w. Nayan Mahar I/b. Khatan Legal Associate for plaintiff present.
Advocate for applicant present and filed registered Chamber Summons No. 245/2022 along with affidavit in support, along with service.
Advocate for defendant No. 2 present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Plaintiff is granted last chance to file reply to Chamber Summons No. 245/2022.
Adjd for Ch/s Reply/ R.E. to  26.04.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: Advocate Satyasrikant Vutha I/b Ketan legal Associates for plaintiff present.
Advocate for Applicant present.
Advocate for Defendant No. 2 present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Plaintiff is granted last and final chance to file reply to Chamber summons No.  245/2022.
Adjd for Ch/s No. 245/2022 Reply to  07.07.2022
Next Purpose: C/S REPLY
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: Advocate Satyasrikant Vutha I/b M/s. Khaitan Legal Associates for plaintiff present and filed reply to Ch/s No. 245/2022, copy served.
Advocate for defendant No. 2 present.
Advocate Manas N. Gawankar for applicant present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Heard argument on both sides on Chamber Summons No. 245/2022
FRSR FOLLOWING ORDER PASSED
ORDER
1.Chamber Summons No.245/2022 is allowed.
2. Applicants being legal heirs of deceased defendant No.2 be taken on record.
3.Chamber Summons No. 245/2022 is disposed off.
Adjd for NM Hearing to  04.08.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: Advocate Shreyas Lele I/b Khaitan  Legal Associates for plaintiff present and filed draft Chamber Summons  @ affidavit in support.
O- Leave granted to register
Advocate  Smt. Meena Dhuri for defendant/BMC present.
Adv. Manas Gawankar for defendant No. 2 and 3 present.
Adv. Aashish Darne for Applicant present.
Rest of the defendant absent.
Adjd for Ch/s Reply/R.E.  to  06.10.2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: None present for plaintiff.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Advocate Aashish Darne I/b PSL Advocate and Solicitors for applicant/ Proposed defendant present.
Keep back on 11.30 a.m
Advocate for Plaintiff is directed to file registered chamber summons on or before next date.
Adjd for filing registered Chamber summons/ R.E. to  10.11.2022
L.O.  12.51 p.m.
Advocate Manas Gawankar for defendant No. 2 and 3 present.
Advocate Manas Gawankar for Applicant namely  Narsimha Vishnuram Enduri present and filed Vakalantnama at Exh. 9 O-filed and also filed draft Chamber summons @ affidavit in support.
O- Leave granted to  register.
Adjd for filing registered Chamber summons/ R.E. to  10.11.2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: Advocate for plaintiff/Applicant present and filed registered Chamber summons No.1557/2022.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Advocate Aashish Darne i/b PSL Advocate and Solicitors for Applicant/ Proposed defendant present.
Advocate Manas Gawankar for defendant Nos. 2 and 3 present and filed registered Chamber summons No.1772/2022.
Adjd for Chamber summons Reply and hearing/R.E. to 12/01/2023.
Next Purpose: C/S REPLY
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: Advocate for plaintiff present.
Advocate Manas Gawankar for defendant No. 2 and 3 present.
Applicant present alongwith his advocate.
Advocate Aashish Darne i/b PSL Advocate and Solicitors for applicant present and filed draft Chamber summons @ affidavit in support. Copy served.
O- Leave granted to register.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Filing reply on Ch/s to  21.01.2023
Next Purpose: C/S REPLY
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: Advocate Nayan for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Advocate Gawande for defendant no. 2 present and filed say on chamber summons no. 1557/2022 filed by the plaintiff.
Applicant B. Sridarni absent his advocate Ashish Darne present.
Plaintiff is seeking time for filing reply on chamber summons filed by B. Sridarni of applicant.
Applicant Narsinha absent his advocate Mr. Gawande present. Plaintiff is seeking time for filing reply on chamber summons no. 1772/2022. Time is granted for filing reply.
Adjd for Ch/s reply to 21.02.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 03-02-2023

Date: 03-02-2023
Business: By Praecipe
Advocate Aashish Darne I/b PSL Advocate and Solicitors for Applicant  present and filed application at Exh. 10 praying to extend time for registration of chamber summons till  next date.    O- Granted.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Matter already Adjd to  21.02.2023
Next Purpose: C/S REPLY
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: Advocate Satyasrikant Vutha for plaintiff present.
Adv. Manas Gawankar for defendant No. 2 present.
Adv. Aashish Darne I/b PSL Advocate and Solicitor for applicant present and filed registered chamber summons No. 264/2023.
Advocate Shri. Sunil Khandagale for defendant/BMC present.
Heard argument of both sides on Chamber summons of plaintiff No. 1557/2022
FRSR FOLLOWING ORDER PASSED on Chamber summons NO. 1557/2022
ORDER
1. Chamber Summons No. 1557/2022 is allowed.
2. Plaintiff shall carry out amendment  in the plaint within 14 days from date of this order.
3. Chamber summons No. 1557/2022 is disposed off.
Adjd for Reply on Ch/s No. 264/2023/Compliance to  21.03.2023
Next Purpose: COMPLIANCE
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: Advocate Nayan Mahar for plaintiff present
Adv. Ashish Dharne for Applicant present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Compliance to  20.04.2023
Next Purpose: COMPLIANCE
Next Hearing Date: 06-04-2023

Date: 06-04-2023
Business: By praecipe
Not on Board. Taken on Board by praecipe
Advocate Nayan Mahar for plaintiff present and filed application  for extension of time to carry out amendment.
Heard.
Order- Read application. Heard. Perused documents. Already matter is kept for compliance. Considering the grounds mentioned in application time to compliance of order dated 21.02.2023 is extended till next date.
Already Adjd to  20.04.2023
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Advocate Mr. Nayan Mahar for plaintiff present and filed draft chamber summons. O-Leave granted to register.
Advocate Sonal Pawar for defendant No. 4 present and filed registered chamber summons no. 724/2023.
Adv. Aashish Darne I/b PSL Advocate and Solicitor for applicant present.
Adv. Manas Gawankar for applicant in Chamber summons No.  1772/2022 present.
Adv. Manas Gawankar for defendant No. 2  present.
Adv. Mihir Modi for applicant in Chamber summons 264/2023 present
Advocate Smt. Meena Dhuri for defendant/BMC present.
Advocate for plaintiff filed reply on Ch/s No. 1772/2022.
Plaintiff is directed to file reply on Ch/s No.  264/2023 on next date as a last chance.
Heard argument of both sides on Chamber Summons No. 1772/2022
FRSR FOLLOWING ORDER PASSED on Chamber summons No. 1772/2022
ORDER
1.   Chamber Summons No. 1772/2022 is made absolute in terms of prayer clauses (a), (b) and (c).
2.   The plaintiff to carry out necessary amendment and implead the applicants in the array of defendants within 14 days from the date of this order and to file amended copy of the plaint within stipulated period.
3.   Both the parties take note of this order.
4.   Cost is cause.
5.   Chamber Summons No. 1772/2022 is disposed off.
Adjd for Compliance to 21.04.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-04-2023

Date: 21-04-2023
Business: Advocate Nayan Mahar for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
FRSR FOLLOWING ORDER IS PASSED ON DRAFT CHAMBER SUMMONS
ORDER
1.   Draft Chamber Summons is allowed.
2.   The plaintiff is permitted to correct typographical error by mentioning designation of plaintiff no. 2 as a secretary in schedule of amendment within statutory period.
3.    The plaintiff is permitted to carry out amendment as per corrected schedule of amendment annexed with present chamber summons within 14 days from the date of this order and file amended plaint within statutory period.
4.    Both the parties to take note of this order.
5.    Cost in cause.
6.    Draft chamber summons be register for statistical purpose.
Adjd for Compliance to 27.04.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: Advocate Dhiraj Mhetre a/w Nayan Mahar for plaintiff present.
Adv. Sonal Pawar for Applicant present.
Adv. Anuj Jhaveri I/b PSL Advocate and Solicitor for defendant No. 2 present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Adjd for Ch/s Reply to  06.06.2023
Next Purpose: C/S REPLY
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: None present for plaintiff.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Advocate Manas N. Gawankar present for defendant no. 2 to 5 and sought adjournment.
Adjournment is granted as a last chance.
Advocate Ashish Darne present for proposed applicant in CS 264/2023.
Advocate Sonal Pawar present for proposed defendant no. 2 and applicant in CS no. 724/2023.
Matter adjourned for CS reply to 13/07/23.
Next Purpose: C/S REPLY
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: Advocate Shreyas Lele for plaintiff present .
Advocate Meena Dhuri present for defendant/BMC.
Ld. advocate for plaintiff submitted before court that, he will file resolution and other documents in relation with the proposed amendment.
O- Time granted for filling proposed documents.
Advocate Manas Gavankar for defendant no. 2 to 5 present.
Advcocate Sonal Pawar for applicant in Chamber summons no. 724/2023 present.
Advocate Ashish Darne for applicant/proposed defendant present.
Matter adjourned for CS hearing to 25/07/2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-07-2023

Date: 25-07-2023
Business: Advocate Satya Shelkar present for plaintiff and filed application for withdrawing of suit at Exh. 12.
O- Other side to say.
He also tendered original registered Notice of Motion No. 1549/2020 alongwith affidavit in support of same. t.o.r.
Advocate Meena dhuri present for defendant/BMC.
Advocate Mans Gavkar for defendant no. 2 to 5 present.
Advocate Ashish Darne for applicant/proposed defendant present.
Advocate Sonal Pawar for applicant/proposed defendant present.
Matter adjourned for heairng on Exh. 12 to 03/08/23.
Next Purpose: HEARING
Next Hearing Date: 03-08-2023

Date: 03-08-2023
Business: Advocate Satya Shelkar present for plaintiff and filed draft Notice of Motion alongwith affidavit in support of same. t.o.r.
O- Leave Granted to register.
Advocate Meena Dhuri present for defendant/BMC.
Advocate Gavankar for proposed defendant no. 2A to 2D present and he filed reply on draft notice of motion itself.
Advocate Mihir Modi for applicant in CS 264/2023 present and not pressed the chs.  no.  264/2023. hence, it is dipsosed off accordingly.
Advocate D souza for applicant in CS 724/2023 present and not pressed the chs.  no.  724/2023. Hence, it is dipsosed off accordingly.
Heard arguments on both side on draft notice of motion.
F.R.S.R. Following order is passed on Draft Notice of Motion.
                                   ORDER
1. Draft Notice of Motion is made absolute in terms of prayer clause
    (a) and (b).
2. Plaintiff is permitted to carry out proposed amendment as per
    schedule within 14 days fro the date of this order and filed
    amended plaint within statutory period.
3. Cost in cause.
4. Plaintiff is directed to register draft notice  of motion for
   statistical purpose.
4) Draft notice of motion is disposed off.
Matter adjourned for to 19-08-23.
Next Purpose: HEARING
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: Advocate Dhiraj Mhetre present for plaintiff.
Advocate Deepali Patil for defendant/BMC present.
Advocate Ashish Dharne for defendant no. 2(g) present.
Advocate Manas N. Gawankar for defendant no. 2(a) to 2(d) present.
Advocate Khristofer D Souza for defendant no. 2(e) and (f) present and filed reply to Exh. 12. O- Filed.
Matter adjourned for reply of defendant no. 2(g) on Exh. 12/hearing to 06/09/23.
Next Purpose: HEARING
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: Advocate Tamanna Meghrajani present for plaintiff.
Advocate Deepali Patil present for defendant/BMC.
Advocate Sonal Pawar for defendant no. 2E and 2F present.
Advocate Mhirmod for defendant no. 2(g) present and filed reply to Exh. 12.
Advocate Gawankar for defendant 2A to 2D present.
Matter adjourned for hearing on Exh. 12 to 06/10/23.
Next Purpose: HEARING
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: Advocate Satyashrikant Vatha alongwith Advocate Tamanna Meghrajani i/b. Khaitan Legal Associates present for plaintiff and he not pressed the NM no. 1549/2020. Hence, NM no. 1549/2020 is disposed off.
Advocate Deepali Patil present for defendant/BMC.
Advocate Sonal Pawar for defendant no. 2E and 2F present.
Advocate Mihir Modi for defendant no. 2(g) present.
Defendant no. 2G (Mrs. Shridharni) present.
Advocate Manas Gawankar for defendant no. 2A to 2D.
Matter adjourned for filling of some documents and withdrawal to 10/10/23.
Next Purpose: WITHDRAWAL
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: This NM is disposed off on 06-10-2023.
Nature Of Disposal: OTHERWISE
Disposal Date: 10-10-2023

Main Case No: SUIT/0107518/2003
Main Cnr: MHCC010061822003
Main Filing No: 111447

Filing Number: 105249/2020
Filing Date: 28-10-2020
First Hearing Date: 26th November 2020
Decision Date: 10th October 2023
Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE