Date: 15-12-2020
Business: None present.
The matter is adjd for N/M reply to 16.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv. Bhimrao Powar for plaintiff present.
Adv. Sawant for deft. nos.3 and 4 present.
Registered N/M No.1708/20 tendered by counsel for plaintiff.
Ld. counsel for plaintiff undertakes to serve N/M to deft. nos.1, 2, 5 and 6. He has supplied the copy of N/M to counsel for deft. nos.3 and 4.
The matter is adjd for service of N/M to deft. nos.1, 2, 5 and 6 and reply to N/M to 25.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Adv. Bhimrao Powar for plaintiff present.
Adv. Jafrey for deft. no.5 present.
Ld. counsel for plaintiff submitted that N/M has been served to deft. nos.1, 2, 5 and 6.
Ld. counsel for deft. no.5 seeks time to file reply. Granted.
The matter is adjd for reply to 06.07.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: None for plaintiff.
Adv. Sunita Sawant for Defendant nos. 3 and 4 present.
Matter is adjd.to 12.08.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: None for plaintiff.
Adv. Madhavi Mahadik h/f. Adv. Sawant for deft. nos.3 and 4 present.
K.B.
L.O. at 03.05 pm.
Adv. Santosh Mahamuni for deft. nos.1 and 2 present.
Adv. Madhavi Mahadik h/f. Adv. Sawant for deft. nos.3 and 4 present.
The matter is adjd for reply to N/M to 21.09.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: None for plaintiff.
Adv. M.V. Sawant for deft. nos.3 and 4 present.
Adv. For deft. nos.3 and 4 tendered reply to N/M no.1708/2020. T.O.R.
The matter is adjd for N/M hearing to 14.10.2021.
L.O. at 03.30 pm.
Adv. V. Mannadiar for deft. no.6 present.
The matter is already adjd for N/M hearing to 14.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv. Bhimrao Powar for plaintiff present.
Adv. Krushna Divekar for deft. nos.1 and 2 present.
Adv. Sunita Sawant for deft. nos.3 and 4 present.
Adv. Jafrey for deft. no.5 present.
Adv. V. Mannadiar i/b. M/s. Mannadiar and Co. for deft. no.6 present.
Heard both the sides.
Advocates appearing for plaintiff and defendants submit that present dispute is not a commercial dispute within the meaning of Section 2(c) of the Commercial Courts Act. They prayed for reassignment of the suit to Regular Civil Court.
Considering the submissions advanced on behalf of both the sides, it would be contextually relevant to refer avernments made in the plaint. It is contended that plaintiff is the lawful owner of the flat no.403/A situated in Nehru Nagar, Nijdham Co-Operative Housing Society, Kurla (East) (Hereinafter referred to as Suit flat). Deft. nos.1 and 2 fraudulently got executed an agreement for sale dated 08.12.2016 regarding suit flat and thereafter, illegally executed agreement for sale dated 28.02.2017 in favour of deft. nos.3 and 4. Plaintiff, by filing present suit, is seeking declaration regarding ownership of the suit flat. He is also challenging agreement for sale dated 08.12.2016. On perusal of the plaint, it is clear, as crystal, that dispute is relating to agreement of the immovable property (suit flat). Suit flat is a flat in the Co.-Operative Housing Society. Both the parties fairly submit that suit flat is a residential flat. Dispute is not arising out of agreements relating to immovable property used exclusively in trade or commerce. Thus, present suit does not qualify as a Commercial dispute. Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
The matter is adjd for compliance of above order to 20.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: COURT IS VACANT
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Matter called out at 3.03 pm
Adv for plff present
Adv Sunita Sawant for Defendant Nos.3 and 4 present
Adv Noman Jafri for def No.5 present
By consent matter adjd.
Matter is adjd on 10.08.2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Matter called out at 2.58 pm
Adv Bhimrao Pawar for plff present
Adv M.V.Sawant for Defendant No.3 and 4 present
By consent matter adjourned.
Matter is adjd on 29.09.2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: None for plff. Adv M.V.Sawant for def Nos. 3 and 4 present Adv Nomam Jayri for defendant No.5 present
Court is busy in dictating judgment in Suit No. 7408/96 and Order in Suit 2162/15. Hence, Board is discharged.
Matter is adjd on 25.11.2022 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Matter called out at 3.04 pm
Adv Bhirao Powar for plff present
Adv Kavita Kondhalkar for defendant Nos. 1 and 2 present
Adv Sunita Sawant for defendant Nos. 3 and 4 present
By consent, matter is adjourned.
Matter is adjd on 19.01.2023 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: Matter called out at 3.02 pm
Adv Bhimrao Pawar for plff present
Adv. Kavit Kondhalkar h/f S.S. Mahalaxmi def no.1 & 2 present.
Adv. Sunita Sawant for Def nos.3 & 4 present.
Adv Mooman for defendant no.5 present
Adv for plff seeks time on the ground of personal difficulty. Granted.
Matter is adjd on 08.03.2023 for NM hearing.
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv. Powar for plaintiff present.
Adv. Zaid for defendant no.5 present.
Adv. Sawant for defendant no.3,4 present.
Adv. Kavita Kulkarni for defendant no. 1,2 present.
Heard argument of advocate for plaintiff on Nm.
Adv. for defendant no. 3 and 4 submits that he is not received the copy of WS and annexures of defendant no. 1. Adv. for defendant no. 1 undertakes to serve the copies upon advocate for defendant no. 3,4 and 5 as well as plaintiff. and to submit annexures with WS on record. Time is granted to advocated for defendant no. 3 and 4 for argument on Nm.
Adv. for defendant no. 1 to serve the copies in advance.
Matter is adjd on 10-04-2023 for Nm hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Bhimrao A.Powar for plaintiff present.
Adv.Sunita Sawant for defendant Nos. 3 and 4 present
Adv.Mooman h/f Adv.Jafari for defendant No.5 present.
Adv.Rachvi i/b Mannadias and Company for defendant No.6 present.
Defendant No.1 failed to comply order dated 08/03/2023. Ld.Adv. For def.No.3,4 and 5 submits that if def.No.1 fails to supply documents as directed she will obtain the copies on her own costs and she also submitted that there are no such documents on record. She will issue notice defendant No.1 and file on record. Accordingly, matter is adj to 04/08/2023 for hearing on N/M No.1708/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2023
Date: 04-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Bhimrao A.Powar for plaintiff present.
Adv.Sawant for defendant Nos.3 and 4 present.
Adv.Noman Jafri for defendant No.5 present.
Adv.Sumukh Rackvi h/f Mannadiar and Company for defendant No.6 present.
Heard Ld.adv. for plaintiff and defendant Nos.3 to 5
Matter is adj to 09/08/2023 for order on N/M.
Next Purpose: NM ORDERS
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Bhimrao Powar for plaintiff present.
Adv.M.M.Mahadik h/f Adv.M.V.Sawant for defendant Nos.3 and 4 present.
F.R.S.R following order is passed on N/M No.1708/2020.
ORDER
Notice of Motion No.1708 of 2020 is rejected.
Nature Of Disposal: OTHER
Disposal Date: 09-08-2023