Date: 27-04-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2018
Date: 13-06-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2018
Date: 29-06-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2018
Date: 23-07-2018
Business: Matter is adjd. to 13.08.2018 for reply on N/M No.2572/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2018
Date: 13-08-2018
Business: Matter is adjd. to 03.09.2018 for hearing on N/M No.2572/18 and N/M No.1662/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2018
Date: 03-09-2018
Business: Matter is adjd. to 15.10.2018 for steps by plff. / reply on N/M No.1427/13 by D/2 and hearing on N/M No.2572/18 and N/M No.1662/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2018
Date: 15-10-2018
Business: Adv. Kalpesh Joshi for plff. present.
Adv. Gandhi for D/2 present.
Suit is abated against D/1.
D/3 and 4 absent.
Adv. for plff. filed registered Ch/s No. 1844/18 alongwith affd.
Matter is adjd. to. 31.10.2018 for reply and hearing to Ch/s No.1844/18 of D/2 and N/M No.1427/13 / hearing on N/M No.2572/18 and N/M No.1662/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-10-2018
Date: 31-10-2018
Business: Adv. for plff. present.
Adv. Ayush Shah for D/2 present.
Adv. for D/3 and 4 present.
The plff. to serve copy of Ch/s on D/3 and 4.
Matter is adjd. to. 28.11.2018 for reply and hearing to Ch/s No.1844/18 of D/2 and N/M No.1427/13 / hearing on N/M No.2572/18 and N/M No.1662/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2018
Date: 28-11-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2018
Date: 03-12-2018
Business: Matter is adjd. to. 19.12.2018 for compliance
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2018
Date: 19-12-2018
Business: Adv. for plff. present.
Adv. Ayush Sharma for D/1(a) and 2 present.
Adv. for D/3 and 4 present.
On request of Adv. for D/1 (a) and 2 Matter is adjd. to. 14.01.2019 for hearing on N/M No.1427/13 / hearing on N/M No.2572/18 and N/M No.1662/18 and consent terms filed by plff. and D/3 and 4
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2019
Date: 14-01-2019
Business: Adv. Dalal for plff. present.
Adv. Giriraj for 1(a) and 2 present.
Adv. Nidhi for D/3 and 4 present.
Rest of the defts are absent.
As the record is unavailable from record department in respect of compliance of order, Matter is adjd. to. 23.01.2019 for reply of D/1(a) and hearing on N/M No.2572/18, 1427/13 and 1662/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2019
Date: 23-01-2019
Business: Adv. for plff. present.
Adv. Giriraj for D/1(a) present and has V/P on behalf of D/1(a) t.o.r
Adv. for D/3 and 4 present.
On request of Adv. for plff. Matter is adjd. to. 08.02.2019 for reply of D/1(a) and hearing on N/M No.2572/18, 1427/13 and 1662/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2019
Date: 08-02-2019
Business: Adv. Dalal for plff. present.
Adv. P.D. Gandhy for D/1(a) and 2 present.
Adv. Nidhi for D/3 and 4 present.
Heard the Ld. adv. for plff. and D/1(a) and 2 on N/M No.2572/18.
Matter is adjd. to. 22.02.2019 for Order on N/M No.2572/18 and for hearing on consent terms and hearing on 1427/13 and 1662/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2019
Date: 22-02-2019
Business: Adv. for plff. present.
Adv. Arvind Giriraj for deft. present.
As court is busy in dictating judgment in old Suit No.7603/03 and hearing N/M in Suit No.1601/18. Matter is adjd. to. 27.02..2019 Order on N/M No.2572/18 and for hearing on consent terms and hearing on 1427/13 and 1662/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: Adv. for plff. present.
Adv. Giriraj for deft. present.
As court is busy in old matter other matters Matter is adjd. to. 06.03.2019 for Order on N/M No.2572/18 and for hearing on consent terms and hearing on 1427/13 and 1662/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2019
Date: 06-03-2019
Business: Adv. for plff. present.
Adv. for D/1 and 2 present.
Adv. for D/3 and 4 present.
As court is busy in other work Matter is adjd. to. 08.03.2019 for Order on N/M No.2572/18 and for hearing on consent terms and hearing on 1427/13 and 1662/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2019
Date: 08-03-2019
Business: Matter is adjd. to. 29.04.2019 for hearing on other notices of motion and hearing on consent terms.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2019
Date: 29-04-2019
Business: Adv of plaintiff present and has filed registered Chs no. 899/19 alongwith affidavit. TOR. He has also filed the addl. affidavit in support NM no. 1662/18. TOR.
Adv. of deft no. 1 and 2 present.
Rest of the defts are absent.
Matter is adjd. to. 03.05.19 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Business: Adv. for Plff. present.
Adv. for D/1(a) and 2 present.
Adv. for D/3 and 4 present.
Heard the ld. adv of the plff. on his submissions that the N.M No. 1662/18 be decided before the coming vacation. According to him the relief sought for is in respect of repairs i.e. Water proofing in the suit premises He submits that it is necessary because after vacation the rainy season would start. However I do not find that there is such an urgency to decide the N.M. before vacation when only one day as remained to start the vacation. It may be noted that it N.M is pending last one year and the plffs had been pressing to decide there N.M 2572/18 for enforcement of the earlier order dtd.13.06.2018 and 14.06.2018, and also for granting temporary injunction restraining the D/2 from preventing the contractor for carrying out the water proofing work as per alleged under taking of the defts. The said N.M.257/18 has been decided. Now I do not think that the matter can not be adjourned for N.M. 1662/18 after vacation. In view of this the request to decide N.M. 1662/18 before the vacation. Hence the
Matter is adjd. to.03.06.2019 for hearing on N.M. 1662/18 in view that the court is busy in other work.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-06-2019
Date: 03-06-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2019
Date: 11-06-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2019
Date: 24-06-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: Advocate for Plaintiff present
Advocate for Defendant no.1(a) and 2 present.
Advocate for Defendant no.3 and 4 present
F.R.S.R. following order is passed-
ORDER
1. Registrar of this Court is directed to appoint Structural Engineer from the panel of the Court for inspection of suit premises for compliance of prayer clause B-1 of the Notice of Motion.
2. Such Structural Engineer should be directed to inspect suit building and suit premises and to submit his report about the remedies by which cleaning of water tanks, water proofing, strengthening, etc of suit premises can be done.
3. Both the parties are directed to equally contribute the cost of such Civil Structural Engineer.
4. Considering the nature of dispute between the parties, I am of the opinion that Structural Engineer from the panel of this Court can be requested to submit his report at the earliest, but no time frame can be given to maintain the respect of such Structural Engineer.
5. Registrar of this Court is directed to inform the name of such Structural Engineer to the Court after consulting such Structural Engineer and after getting confirmed about fees/charges of such Structural Engineer for inspection of suit building and suit premises and for submitting his report as directed by the Court.
6. Registrar of this Court is directed to consult at the earliest, any of the Structural Engineer from the panel of the Court and to seek his consent for such work to be completed as directed by the Court.
7. Notice of Motion no.1662 of 2018 stands disposed off with liberty to Plaintiff to file fresh Notice of Motion for making restricted prayers for cleaning of water tanks, repairing, water proofing etc of suit premises along with prayer for access to the contractor for such work. It is made clear that liberty is not being granted to Plaintiff to make so many prayers as like the prayers from Notice of Motion no.1662 of 2018.
Case is adjourned to 15/07/2019 for compliance.
Nature Of Disposal: DISMISSED
Disposal Date: 28-06-2019