Date: 13-11-2019
Business: Adv. Anjali Trivedi i/b V. Thakers for appellant is present.
Adv. Harsha Asrani i/b The Law Point for respondent No.1 and 2 is present.
None present for remaining respondents.
Adv. Shubhangi Subhedar for applicant in Chamber Summons is present.
Mr. Kazi (Legal Advisor) of respondent No.1 and 2 is present.
Adjourned to 06.12.2019 for Hearing on Chamber Summons.
Earlier order, if any, to continue till next date.
Next Purpose: C/S HEARING
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: Adv. Anjali Trivedi i/b V. Thakers for appellant is present.
Adv. Medhas Nambiar i/b The Law Point for respondent No.1 and 2 is present.
None present for remaining respondents.
Mr.M. A. Kazi (Legal Advisor) for respondent No.1 and 2 is present.
Adjourned to 03.01.2020 for Hearing.
Earlier order, if any, to continue till next date.
Later on
Adv. Shubhangi Subhedar for applicant in Chamber Summons is present.
Next Purpose: C/S HEARING
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: Adv. Priyanka Patel i/b Adv. Visal Thaker for appellant is present and submits that the advocate on record is held up in another court and requests for adjournment.
Adv. Roop Basu i/b The Law Point for respondent is present.
Adv. Shubhangi Subhedar for applicant in Chamber Summons is present.
Adjourned to 16.01.2020 for Hearing on Ch/s.
Earlier order, if any, to continue till next date.
Next Purpose: C/S HEARING
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. Nandita i/b Adv. Visal Thaker for appellant is present.
Adv. Roop Basu i/b The Law Point for respondent No.1 is present.
None present for remaining respondents.
Adv. Shubhangi Subhedar for applicant in Chamber Summons is present.
KB
LO at 03.30 pm.
Adv. Visal Thaker a/w Adv. Anjali Trivedi for appellant present.
Adv. Ayush Agarwal i/b The Law Point for respondent No.1 is present.
Adv. Shubhangi Subhedar for applicant in Chamber Summons is present.
By consent, adjourned to 29.01.2020 for Hearing on Ch/S.
Earlier order, if any, to continue till next date.
Next Purpose: C/S HEARING
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Adv. Vishal Thaker a/w Adv. Nandita Shah i/b V. Thakers for appellant is present.
Adv. Shubhangi Subhedar for applicant in Chamber Summons is present.
Adv. Medhas Nambiar i/b The Law Point for respondent No.1 is present.
Mr.Abdul Aziz Kazi, Authorised Representative of respondent No.1 is present.
Mutually adjourned to 27.02.2020 for Hearing on Ch/S.
Earlier order, if any, to continue till next date.
Next Purpose: C/S HEARING
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv. Nandita Shah i/b V. Thakers for appellant is present and submits that her senior advocate is held up in the High court and hence seeks short adjournment.
Adv. Medhas Nambiar i/b Tha Law Point for respondent No.1 is present.
Adv. Shubhangi Subhedar a/w Adv. Vishesh Kalra for applicant in Chamber Summons is present.
At the request of advocate for appellant, adjourned to 03.03.2020 for Hearing on Ch/S.
Earlier order, if any, to continue till next date.
Next Purpose: C/S HEARING
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Adv. Vishal Thaker a/w Adv. Nandita Shah i/b V. Thakers Advocates for appellant is present.
Adv. Roop Basu i/b The Law Point for respondent no.1 is present.
Adv. Vishesh Kalra a/w Adv. Shubhangi Subhedar for applicant in Chamber Summons is present.
Heard both the sides on chamber summons.
Adjourned to 09.03.2020 for Order on Ch/S.
Earlier order, if any, to continue till next date.
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Adv. Nandita Shah i/b V Thakers Advocates for appellant is present.
Adv. Harsha Asnani i/b The Law Point for respondent No.1 is present.
Adv. Vishesh Kalra i/b Adv. Shubhangi Subhedar for applicant in chamber summons is present.
As the court is busy in hearing final arguments in Misc Appeal No.42/17 and 68/17, hence adjourned to 11.03.2020 for Order on Ch/S.
Earlier order, if any, to continue till next date.
Next Purpose: CH/S ORDERS
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Adv. Nandita Shah i/b V. Thakers Advocate for appellant is present.
Adv. Medhas Nambiar i/b The Law Point for respondent no.1 is present.
Adv. Abhishek Salian i/b Adv. Shubhangi Subhedar for applicant in chamber summons is present.
F.R.S.R. Following order is passed on Ch/S.
ORDER
1. Chamber Summons No.1583 of 2018 is partly allowed.
2. The applicant be joined as a party respondent No.5 in the present appeal.
3. The appellant is directed to add the applicant as respondent No.5 and accordingly, amend the cause title of the appeal.
4. Chamber Summons is disposed of accordingly.
Adjourned to 27.03.2020 for Compliance and R and P.
Earlier order, if any, to continue till next date.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Business: None present for appellant.
Adv. Harsha Asnani i/b The Law Point for R/1 and 2 is present.
None present for respondent No.3 and 4.
Adv. Shubhangi Subhedar for respondent No.5 is present.
Due to COVID-19, adjourned to 15.10.2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Business: NOB TOB
By precipe filed by Adv. Shubhangi Subhedar a/w Adv. Kalra for respondent No.5/MMRDA.
Adv. Harsha Asnani i/b The Law Point for respondent Nos. 1 and 2 is present.
None present for appellant.
None present for respondent No.3 and 4.
Adv. Subhedar for respondent No.5 files draft NM for vacating/modifying the status quo order dated 03.05.2018 passed in Delay Appln.140/2018 and seeks leave to register it.
O - Draft NM be registered and made r/o 15.10.2020.
Already adjourned to 15.10.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: Adv. Nandita Shah I/b V. Thakers for appellant present.
Adv. Harsha Asnani I/b The Law Point for respondents No.1 and 2 present and files reply to NM 1417/2020. TOR and marked as Exh.6.
She is directed to serve copy of reply to NM to other sides.
Adv. Vishesh Kalra a/w Shubhangi Subhedar for respondent No.5 present. He already tendered registered NM 1417/2020 on previous date. He served copy of NM to Adv. for appellant.
Ld. counsel for appellant seeks time to file reply to NM 1417/2020. Time granted.
Adjourned to 26.10.2020 for reply to NM 1417/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: Adv. Vishal Thaker a/w Adv. Nandita Shah h/f V. Thakers for appellant present.
Adv. Medhas Nambiar i/b The Law Point for respondent No.1 and 2 is present.
None present for respondent No.3 and 4.
Adv. Vishesh Kalra a/w Adv. Shubhnagi Subhedar for respondent No.5 is present.
Both side agree that the present appeal can be finally heard on next date as such adjourned to 04.11.2020 for Argument
L.O.
Ld. Counsel for appellant to comply the order passed in C/S No. 1583/18 impleading MMRDA
Ld. Counsel for the appellant also submits that respondent No.3 has expired and apart from respondent No.4 there is another heir to respondent No.3 and that he would take necessary steps to being him on record and serve him by next date.
Adjourned to 04.11.2020 for Final Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: Adv. Vishal Thaker a/w Adv. Nandita Shah i/b V. Thakers for appellant present.
Adv. Amir Arsiwala a/w Adv. Akshata Timmapur and Adv. Roopadaksha Basu i/b The Law Point for R/No.1 and 2 present.
None present for respondent No.3 and 4.
Adv. Vishesh Karla a/w Adv. Shubhangi Subhedar for respondent No.5 present.
Ld. advocate for appellant seeks time to implead MMRDA.
Serve legal heir of respondent No.3 and file reply to NM No.1417/2020.
Advocate for R/No.1 and 2 filed original R and P (File No.1 to 4)
Adjourned to 06.11.2020 for Compliance and Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: By precipe matter is taken on todays board.
Adv. Nandita Shah i/b V. Thakers for appellant is present and filed draft chamber summons for amendment in the appeal in accordance with the schedule and seeks leave to register chamber summons.
Leave is granted to register Ch/S.
Appeal is already kept on 06.11.2020 for Compliance and Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: Adv. Vishal Thaker a/w Adv. Nandita Shah i/b V. Thakers for appellant present.
Adv. Amir Arsiwala a/w Adv. Akshata Timmapur and Adv. Harsha Asnani i/b The Law Point for respondent Nos.1 and 2 present.
None present for respondent Nos.3 and 4.
Adv. Vishesh Karla a/w Adv. Shubhangi Subhedar for respondent No.5 present.
Adv. for appellant tendered registered Chamber Summons No.620/2020. TOR.
Heard both the sides on Ch/S No.620/2020.
ORDER
Appellant has taken out this chamber summons for bringing on record legal heirs of respondent No.3 and also to incorporate certain grounds and prayer in the appeal memo.
Contesting respondents have no objection for bringing the heirs of respondent No.3 on record and as regards the other amendment sought, keeping open their rights to contest the grounds and the prayers, they have no objection to allow this amendment as well. This concession is given by these respondents in order to ensure expeditious disposal of the appeal.
In such circumstances, chamber summons No.620/2020 is allowed in term of prayer clause(b).
Amendment be carried out forthwith.
Service be effected within one week.
Parties to be ready to argue the appeal positively on next date.
By consent of all sides, adjourned to 25.11.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Business: By Precipe matter is taken on todays board.
Adv. Anjali Trivedi for appellant is present.
Adv. Harsha Asnani i/b The Law Point for R/1 and 2 is present.
Adv. Vishesh Karla for R/5 is present.
Advocate for appellant submits an application for granting extension to carry out amendment as per order dt. 06.11.2020 in Chember Summons No.620/2020. TOR and marked as Exh.7.
Amendment be carried out forthwith.
Application (Exh.7) is disposed off accordingly.
Already adjourned to 25.11.2020 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Adv. Vishal Thaker a/w Adv. Anjali Trivedi and Adv. Nandita Shah i/b V. Thakers for appellant present.
Adv. Amir Arsiwala a/w Adv. Harsha Asnani I/b The Law Point for respondent No.1 and 2 present.
None present for respondent No.3 and 4.
Adv. Vishesh Karla for respondent No.5 is present.
Ld. advocate for appellant to file affidavit of service in respect of service to the legal heirs of respondent No.3 thereafter the matter would be taken up for final hearing.
Adjourned to 26.11.2020 for Affidavit of Service and Final Hearing.
Next Purpose: HEARING
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: Adv. Vishal Thaker a/w Adv. Anjali Trivedi and Adv. Nandita Shah i/b V. Thakers for appellant present.
Adv. Roop Basu a/w Adv. Amir Arsiwala and Adv. Harsha Asnani I/b The Law Point for respondent No.1 and 2 present.
None present for respondent No.3-A and 4.
Adv. Vishesh Karla for respondent No.5 is present.
Affidavit of service to legal heirs of respondent No.3-A filed by advocate for appellant. TOR and marked as Exh.8.
Adjourned to 02.12.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv. Vishal Thaker a/w Adv. Anjali Trivedi i/b V. Thakers Advocates for appellant present.
Adv. Amir Arsiwala a/w Adv. Roop Basu and Adv. Harsha Asnani i/b The Law Point for respondent No.1 and 2 present.
None present for respondent No.3 and 4.
Adv. Vishesh Karla a/w Adv. Shubhangi Subhedar for respondent No.5 present.
Adjourned to 05.12.2020 for Hearing at 11.00 am.
Next Purpose: HEARING
Next Hearing Date: 05-12-2020
Date: 05-12-2020
Business: Adv. Vishal Thaker a/w Adv. Anjali Trivedi i/b V. Thakers Advocates for appellant present.
Adv. Amir Arsiwala a/w Adv. Roop Basu and Adv. Harsha Asnani i/b The Law Point for respondent No.1 and 2 present.
None present for respondent No.3 and 4.
Adv. Vishesh Kalra a/w Adv. Shubhangi Subhedar for respondent No.5 present.
Heard arguments of all the sides.
At the request, adjourned for filing written submissions to 11.12.2020.
Next Purpose: HEARING
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: None present for appellant.
Adv. Harsha Asnani i/b The Law Point for respondent No.1 and 2 present.
None present for respondent No.3 and 4.
Adv. Shubhangi Subhedar for respondent No.5 present.
Since nobody appears for appellant. By way of last opportunity, adjourned to 15.12.2020 for Written Submissions.
L.O.
Adv. Anjali Trivedi i/b V. Thakers for appellant is present.
Next Purpose: HEARING
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Adv. Anjali Trivedi i/b V. Thakers Advocates for appellant present and filed written submissions. TOR and marked as Exh.9.
Adv. Harsha Asnani i/b The Law Point for respondent No.1 and 2 is present and filed written submissions. TOR and marked as Exh.10.
None present for respondent No.3 and 4.
Adv. Vishesh Kalra a/w Adv. Abhishek Salian i/b Adv. Shubhangi Subhedar for respondent No.5 is present and filed written submissions. TOR and marked as Exh.11.
Adjourned to 22.12.2020 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Adv. Anjali Trivedi i/b V. Thakers Advocates for appellant present.
Adv. Roop Basu a/w Adv. Harsha Asnani i/b The Law Point for respondent no.1 and 2 present.
None present for respondent No.3 and 4.
Adv. Vishesh Kalra a/w Adv. Shubhangi Subhedar for respondent No.5 is present.
F. R. S. R. Following order is passed.
ORDER
Misc. Appeal No.166 of 2019 stands dismissed.
In view of disposed off Misc Appeal No.166/19, Notice of Motion No.1417 of 2020 stands disposed off accordingly.
R and P be sent back.
Appellant files application for stay of the Judgment. TOR and marked as Exh.12.
However for the reasons stated in the Judgment I do not think it fit to grant further protection in the matter as such application is rejected.
Nature Of Disposal: DISMISSED
Disposal Date: 22-12-2020
