Manshi DevelopersVsBhavesh C. Patel And Anr

Date: 16-07-2019
Business: None prsent for plaintiff.
Adv. Saloni Jain for proposed D-3 and filed original CS no. 1074/19.
Mr. Pankaj Pawar, representative of Court Receiver present and submitted report dated. 15.06.2019 along with Ex-A and B.
Report of Court Receiver dated 15.06.19. Seen and filed.
In view of the report submitted by the Court Receiver is discharged without passing accounts. Plaintiff is directed to deposit the cost charges and expenses of Court Receiver, including sum of Rs. 3,000/- towards cost of the Commissioner\''s report in the registry within two weeks of communication of this order.
Later on
Adv.  Thorath for plaintiff present and seeks extension of time for publication of CS. Time extended.
Matter stands Adj for CS reply to 03.08.19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Adv. Dimondwal for plaintiff present.
Adv. Khadase for defendant present and filed reply to CS 1074/19. Copy served on other side.
Heard both sides.
Matter stands Adj for CS hearing to 26.08.19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: As court is busy in dictating judgement in NDPS SPL 181/14 and order in suit no. 3833/10 and 2774/14. Hence, board is discharged.
Matter stands Adj 27/09/2019 for ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Adv. Ritesh Jadhav for plaintiff present.
None present for defendant.
On oral request of Ld. counsel for plaintiff, Matter stands Adj for CS hearing to 04.11.19.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: Adv.Bhagyashree Dhamapurkar for plaintiff present.
Adv. Diamondwala for Applicant present.
Heard both sides.
Ld. counsel for plaintiff submitted that his senior is out of station and prayed for adjournment. Adjournment granted.
Matter stands Adj for C/S hearing to 10.12.19.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: Adv. Bhagyashri Dhamapurkar for plaintiff present.
Adv. A. Dimondwala for applicant present.
Court is busy in dictating order in st. no. 12457/19. and suit no. 1337/19.
Matter stands Adj for C/S hearing to 03.02.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Adv. Unnati for plaintiff present.
None present for defendant.
Adv. Umar for applicant in CS present.
By consent, Matter stands Adj for CS hearing to 20.03.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: There is no urgency in matter.
As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Matter stands Adj for CS hearing to 29.04.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-04-2020

Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 20-05-2020

Date: 20-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: C/S  HEARING
Next Hearing Date: 08-06-2020

Date: 08-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 08-09-2020

Date: 08-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: Advocate Ms. Bhagyashree Dhamapurkar for plaintiff present.
None for defendant.
The case is adjourned to 08.02.2021 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: Advocate Nitin Rajeshirke for plaintiff present.
None for defendant.
Perused Ch/s no.202/19. The Plaintiff has sought direction to the Court Receiver, High Court Mumbai to accept the possession of flat no.702 in the newly constructed building i.e. Manshi Adinarayan Residency in view of undertaking tendered by the Plaintiff.
Proceedings indicate that the Court receiver was appointed for the purpose of taking possession of old flat and to handover the same to the Plaintiff for the purpose of redevelopment. The Court receiver has submitted a report at Exh.4 and my predecessor has discharged the Court receiver on 16.07.2019.  The undertaking Exh. -\''C\'' to the Chamber Summons nowhere indicates that the Plaintiff had undertaken to handover possession of the redeveloped flat to the Court receiver.  In such circumstances, nothing survives in Ch/s No.202/19 and it is disposed of.
On the request of advocate for Plaintiff two weeks time is granted to deposit costs as per order dated 16.07.2019.
The case is adjourned to 16.03.2021 for Ch/s hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Advocate Ms.Bhagyashree Dhamapurkar for plaintiff present.
Advocate Diamondwala for defendant present.
Time to deposit costs is extended.
The case is adjourned to 26.04.2021 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: Adjourned due to COVID-19 pandemic.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: Court is vacant
Next Purpose: C/S  HEARING
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Matter mentioned at 4.56 p.m.
Adv. Nikhil Rajeshirke for plaintiff present.
Adv. Diadmondwala for applicant present.
Matter stands adjourned to 08.11.2021 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: Matter called out at 5.15 p.m.
Adv. Bhagyashree D. Dharmapurkar for plaintiff present.
Adv. Diamondwala for defendant present.
At the request of Advocate for plaintiff, matter adjourned tomorrow.
Matter stands adjourned to 09.11.2021 for CS P.H.
Next Purpose: C/S P.H.
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: PO is on leave in second session. Hence, Court is discharge.
Next Purpose: C/S P.H.
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Matter mentioned at 2.50 p.m.
Adv. N. S. Rajshirke for plaintiff present.
Adv. A. Diamondwala I/b Diamondwala and Co. for defendant present.
Applicant in CS No.1074/19 tendered registered CS.
Heard both the sides.
Perused CS. No.1074/19 as well as documents filed by the applicant.  The plaintiff builder filed instant suit against the one Bhavesh Patel with respect to suit premises.  However, Bhavesh Patel is missing since long and the applicant claimed to be his only sister.  Looking to the nature of suit, I am of the view that right to sue survive.  Moreover the applicant also filed testamentary petition for letter of administration before the Hon\''ble High Court. Thus, looking to the aforesaid circumstances the CS can be allowed subject to the result of testamentary petition.
The applicant is being added as a Defendant in the suit.  The necessary amendment be carried out within a period of 14 days.
In view of the above, CS is disposed of.
Matter stands adjourned to 14.12.2021 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 15-11-2021

Main Case No: SUIT/0103945/2008
Main Cnr: MHCC010050502008
Main Filing No: 111447

Filing Number: 106233/2019
Filing Date: 14-06-2019
First Hearing Date: 16th July 2019
Decision Date: 15th November 2021
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE