Date: 25-11-2020
Business: Adv.Babita Keshwarwani for plaintiff present
She tenders registered notice of motion no.1655 of 2020. She also tenders affidavit of service.
Vak. Filed on behalf of CJS Legal for defendant nos.1 and 2. Adv. Ekta Tripathi for defendant nos.1 and 2 i/b CJS Legal.
ORDER
Seen and filed.
Adv.Gandhy for defendant no.3 filed vak.
ORDER
Seen and filed.
Ld. counsel for the defendants submitted that defendants were served with only notice of motion. The Ld. Counsel for the plaintiff supplied copy of plaint to the Ld. Counsel for both the defendants.
Adjd to 02/12/2020 for reply and final hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv. Babita Kesarwani for plaintiff present.
Adv. Jayesh Patel for deft. nos.1 and 2 present.
Adv. Yashmi Panchal for deft. no.3 present.
Suit is not registered. For the convenience purpose, plaint and other relevant record is marked as exhibit.
Plaint.
Vakalatnama.
Memorandum of address.
List of documents.
Vakalatnama of deft. nos.1 and 2.
Vakalatnama of deft. no.3.
Deft. nos.1 and 2 filed reply and written statement.
Written statement of deft. nos.1 and 2.
O. - Read and recorded.
Deft. no.3 also filed reply to N/M and written statement.
Written statement of deft. no.3.
O. - Read and recorded.
Ld. counsel for plaintiff seeks time to file rejoinder to reply of defts. Granted.
The matter is adjd for rejoinder by plaintiff to reply of defts. to 11.12.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Adv. Babita Kesarwani for plaintiff present.
Adv. Vishal for deft. nos.1 and 2 present.
Adv. Khare for deft. no.3 present.
Adv. for plaintiff filed rejoinders (2) to the reply of the defendants to N/M. T.O.R.
The matter is adjd for N/M hearing to 18.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Adv. M. Dudhani along with Adv. Babita Kesarwani for plaintiff present.
Adv. Ekta Tripathi for deft. nos.1 and 2 present.
Adv. Khare for deft. no.3 present.
Ld. counsel for plaintiff seeks time for hearing and for filing written statement to counter claim. Granted.
The matter is adjd for N/M hearing and for filing written statement to counter claim to 08.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: Adv. Ms. Keshwani for plaintiff present.
Adv. Mr. Shah for deft-1 and 2 present.
Adv. Mr. Khare h/f Adv. Gandhi for deft-3 present.
Counsel for the plaintiff tendered Written Statement to the Counter Claim of the deft no. 1 to 3/. t.o.r. O-Read and Recorded.
The Counsel for the plaintiff tendered draft N/M alongwith affidavit in support. t.o.r O-Leave is granted to register the same.
Copy of the N/M and W/S supplied to the Counsel for the defendant Nos. 1 to 3.
The matter is adjd for reply to N/M and hearing to 15.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Adv. Babita Kesharwani for plaintiff present.
Adv. Ekta Tripathi for deft. nos.1 and 2 present.
Adv. Gandhy for deft. no.3 present.
Ld. counsel for plaintiff tendered registered N/M No.141/21. T.O.R.
Ld. counsel for deft. nos.1 and 2 tendered reply to N/M No.141/21. T.O.R.
Ld. counsel for deft. no.3 also tendered reply to N/M No.141/21. T.O.R.
Draft N/M tendered by Ld. counsel for deft. no.3. Leave is granted to register. Copy is served to other side.
Draft N/M tendered by Ld. counsel for deft. nos.1 and 2. Leave is granted to register.
Additional affidavit tendered by deft. no.3 to place leave and license agreement on record. T.O.R.
Additional affidavit tendered by deft. nos.1 and 2 to place leave and license agreement on record. T.O.R.
The matter is adjd for reply and hearing on N/M to 05.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Babita Kesharwani for pltff present.
Adv. Ekta Tripathi for deft no.1 and 2 present.
Adv. Gandhy for deft no.3 present.
Ld.Counsel for the pltff tenders affidavit in rejoinders to the respective reply of deft no.1 and 2 and also of deft no.3.
Ld. Counsel for the pltff also tender reply to the motions of deft no.1 and 2 and also of deft no.3.
The Ld counsel for the pltff tender reply to the affidavits of deft no.1 and 2 and also of deft no.03.
Matter is adjd. for N/M Hearing to 24.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv. Dudhani along with Adv. Babita Kesharwani for plaintiff present.
Adv. Ekta Tripathi for deft. nos.1 and 2 present.
Adv. P.D. Gandhy for deft. no.3 present.
Adv. for deft. nos.1 and 2 tendered registered N/M No.415/21. T.O.R.
Meanwhile, plaintiff to remove office objection.
The matter is adjd for N/M hearing to 12.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Dudhani for plaintiff present.
Adv. Ekta Tripathi for deft. nos.1 and 2 present.
Adv. Khare for deft. no.3 present.
N/M No.141/21 was taken for hearing. Ld. Counsels for deft. nos.1 and 2 and 3 made a statement that they will appropriately value the counter claim and will pay the necessary court fees on or before next date. Meanwhile, N/M No.141/21 is kept pending.
The matter is adjd for N/M hearing to 09.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: In view of the office order no.73/21 dated 06.04.2021, only urgent matters are kept on board. This matter is not in the same list hence, adjd for hearing on N/m. To 14.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
Matter adjd to 03/08/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Adv. Kesarwani for plaintiff is present.
Adv. Nidhi Boriya i/b Chirag Shah for deft no.1 and 2 is present.
Adv. Yashavi Panchal i/b P.D.Gandhy for deft no.3 is present.
Av.for the deft has filed the copy of challan MTR Form no.6 t.o.r marked as Exh.10.
Order below NM NO. 141/21
This notice of motion is taken out by the plaintiff for return of counter claim on the ground that the defendant has not pay the court fees with regard to the counter claim. I have heard Ld. Adv. Babita Kesarwani for the plaintiff and Ld. Adv. Nidhi Boriya for the defendant. Today before the Court the Ld. Adv.for the defendant has filed a copy of challan suggesting therein that for counter claim of damages of Rs. 75,00,000/-, the Court fees of Rs. 10,320/- is being paid by online mode. Thus the objection which was raised for return of counter claim under Order 7 Rule 10 of the CPC does not survive. Hence, I pass the following order-
ORDER
The Notice of Motion No. 141/21 stands disposed of as the defendant has paid the required Court fees. It be removed from the board.
Order below NM NO. 415/21
This notice of motion is taken out by defendant nos. 1 and 2 to registered and number the counter claim which already been taken on record as per Exh.7. It is pertinent to note that the defendant nos. 1 and 2 have already paid the Court fees of the amount paid in the counter claim. As the counter claim is filed in the suit and already the exhibit number is given, further considering the practice adopted by the Board Department inconsonance with the Bombay City Civil Rules 1948, there is no need to give a separate registration number to the counter claim to the defendant nos. 1 and 2. It is made it clear that the counter claim is taken on record and it is already marked as Exh.7. Parties to the suit to further comply with the same and the original plaintiff to file written statement of the counter claim of the defendant nos. 1 and 2. With these observations, I do not find any reason to keep this notion of motion pending, hence I pass the following order-
ORDER
The Notice of Motion No. 415/21 stands disposed of as the counter claim is already taken on record.
The Adv.for the plaintiff sought time to arguing on NM No. 1655/2020. On her request matter adjourned for NM hearing.
Matter adjd for NM hearing on 25.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: P.O is gone for the verification of Inspection Note of year 2006 of the The Additional Chief Metropolitan Magistrate, at Bhoiwada Centre, Mumbai.
Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv. Babita Kesarwani for plaintiff is present.
Adv. Ekta Tripathi for defendants no.1 and 2 is present.
Adv. Aditya Khare for defendant no.3 is present.
Adv.for defendant no.3 has filed a pursis t.o.r marked as Exh.10 that the defendant no.3 is not pressing the counter claim and therefore counter claim stands disposed of as withdrawn.
Heard both the advocates on notice of motion. In the midst of argument, it was submitted that regarding the discussion on refund of the earnest amount the matter should be refereed to the mediation. Both the parties have consented for referring the matter to mediation. There are elements of settlement between the parties. All the parties shall participate in the mediation process in good faith with an intention to settle the dispute. As per Section 89 of the CPC, this matter is referred to mediation. Parties and their authorised representatives attend the District Mediation Centre on 11.10.2021 at 2.00 p.m.
Matter be kept for Mediators Report on 29.11.2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: P.O. is on leave. Matter adjd to
Next Purpose: MEDIATION REPORT
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv Dudhane for plff is present.
Adv Aditya Khare for def no. 3 is present.
Adv Raj Adhia for def nos. 1 & 2 is present.
Report received from district mediator centre that matter is not settled. TOR marked as Exh-11.
Alongwith the report there is letter of Learned Judge Mediator that the matter is not settled. TOR marked as Exh-12.
Matter is adjourned for NM Hearing.
Matter is adjd to 27/04/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1)
Adv. Mariyam for plaintiff present and filed V/N t.o.r. marked as Exh. 13
Adv. Yashvi Panchal for defendant no. 3 present.
Matter is adjd to 12/8/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Adv. Mariyam for plaintiff is present.
Adv. Aditya Khare for defendant nos. 1 and 2 is present.
Adv. Ekta Dalavi for defendant no.3 is present.
On oral request of Adv.for plaintiff matter adjd for NM hearing.
Matter adjd to 02.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2022
Date: 02-11-2022
Business: Adv. Mr. Durani I/b Adv Mariam for plaintiff is present.
Adv. Mr. Shyam Jadhav for defendant nos. 1 and 2 is present.
None present for defendant No. 3.
on the oral request of advocate for defendant matter is adjourned.
Matter adjd to 02/01/2023 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-01-2023
Date: 02-01-2023
Business: None present for plaintiff.
Adv. Aditya Khare for defendant no.3 is present.
Last chance given to the plaintiff to argue the NM.
Matter adjd to 20.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Adv. Saiprasad for plaintiff is present.
Adv. Aditya Khare for defendant is present.
With consent of both the sides, matter adjourned for NM hearing.
Matter adjd to 12.07.2023 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: Adv. M. A. Dudhani for plaintiff is present.
Adv. Kavita Dhanuka a/w Adv. Nikita Asthana i/b Adv. Dalvi for defendant No.3 is present.
On oral request of Ld. Adv. for defendant No.3, last chance granted to argue the NM No.1655/2020.
Matter adjd to 11.09.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: Adv. M. A. Dudhane for plaintiff is present.
Adv. P. D. Gandhy for defendant no. 1 to 3 is present.
Heard both the Ld. Advocates.
On oral request of Ld. Advocate for plaintiff matter is adjourned .
Matter adjd to 13.09.2023 for further hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: Adv. M. A. Dudhane for plaintiff is present.
Adv. P. D. Gandhy for defendant no. 1 to 3 is present.
Heard both the Ld. Advocate.
Matter adjd to 16.09.2023 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: Adv. Naliyan Alan for plaintiff is present.
Adv. Kavita Dhanuka i/b Adv. Ekta Dalvi for defendant no. 1 to 3 is present.
F.R.S.R following order is passed on Notice of Motion No. 1655 of 2020.
ORDER
1. Notice of Motion No. 1655 of 2020 stands rejected.
2. Notice of Motion stands disposed off accordingly.
Matter adjd to 21.11.2023 for draft issues .
Nature Of Disposal: DISMISSED
Disposal Date: 16-09-2023