Date: 03-09-2019
Business: Adjd
Next Purpose: SERVICE
Next Hearing Date: 21-10-2019
Date: 21-10-2019
Business: Holiday declared on account of Vidhansabha Election.
Next Purpose: SERVICE
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Business: Adv. Mayur Sonwane for plaintiff present.
Adv. Trivedi for defendant 3 present.
Adv. Hamid for defendant No.6 present.
No reply is filed to Ch/s -1116/19 by defendants. Ch/s to proceed without reply to defendants.
KB
L.O. at 05.00pm
Same appearance by plaintiff and defendants.
Advocate of defendant No.6 not taken draft NM for registration, he seeks leave for register NM. O- Granted as a last chance.
For filing registered NM taken out by defendant No.6 and hearing of Ch/s No.691/17and NM 1232/17.
Matter adj for hearing on Ch/s and NM to 10.12.2019.
Next Purpose: ORDER
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Adv. Joti Kanojia for Plaintiff is present.
Adv. Hamid for defendant no. 6 is present. He tendered registered NM 4632/19 a/w affidavit in support. Copy is served on advocate of plaintiff and defendant no. 1 and 2 is present.
Adv. Chandramore for defendant no. 1 and 2 is present.
Matter is not traced out.
Matter is adjourned for NM reply to 28/01/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Matter is adjd. to 26.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2021
Date: 26-06-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Already adj. to 04-10-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: As the Court is busy in dictating Judgment in SU No.623/2012 and NM No.1621/2018 (SU No.1542/2017) order and inspection of Notary Work. Hence, board is discharged.
Matter is adjd. to 01/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv Jyoti Kanojia present for the plaintiff.
Adv Trivedi present for the defendant no.3
Adv Chandramore present for the corporation.
Adv Mr.Diamondwala present for the defendant no.6
CS No.1116/19 is filed for impleading defendant no.7 has party to the present suit. CS No.691/17 is filed for amendment in the plaint and NM No.3753/16 and for status-quo.
CS 2185/18 is filed for amendment in the plaint and NM No.3753/16.
NM No.4632/19 is filed by defendant no.6 for condonation of delay in filing WS and taking the same on record.
NM No.1232/17 is filed by defendant no.6 for rejection of plaint under Order 7 Rule 11 b of the Code of Civil Procedure.
Ld advocate for the plaintiff submits that his counsel is not available today. Hence, the matter is lastly adjourned to 15.01.2021. Parties are directed to submit whether NM No.1232/17 is to be heard and decided first as it is for rejection of plaint.
Matter is adjd. to 15.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: Adv.Page for Plaintiff on VC.
None for defendant.
Matter is adjd. to 08.03.2022 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Adv. Jyoti present for plaintiff and sought adjournment for cs and nm hrg.
Adv. Trivedi present for defendant no. 03/SRA.
Adv. Hajare present For def. no. 01/MCGM.
None present for def. no. 06
Matter adjourned for hrg. On nm no. 1232/2017 to 13/04/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Adv. Mayur sonvne present for plaintiff and tendered draft Notice of Motion @ Affidavit. t.o.r.
O- Leave granted to register..
Adv. Trivedi present for defendant 03.
Adv. Chandramore present for defendant 01 and 02/MCGM.
None present for other defendants.
Matter adjourned for service and reply to nm and hrg. On nm no. 1232/2017 to 15/06/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: Adv. S. R. Page present for plaintiff and he tendered original registered Notice of Motion No.1436/2022 @ affidavit. t.o.r..
He also tendered affidavit of service. t.o.r.
Adv. Trivedi present for defendant 03.
Adv. Chandramore present for defendant 01 and 02/MCGM.
Adv. A. Diamondwala present for defendant no. 06 and sought adjournment to file reply to the nm.
None present for the defendant no. 04 and 05.
Matter adjourned for hearing on nm 1232 and hearing on other chs and reply to notice of motion no. 1436/2022 to 29/06/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: Adv. Jyoti Kanojiya present for plaintiff and sought adjournment .
Adv Chandramore present for defendant no. 01 & 02.
Adv Trivedi present for defendant no. 03.
Adv A. Diamondwala present for defendant no. 06 and tendered reply to Notice of Motion 1436/22.TOR. Copy served to Adv for plaintiff.
Matter adjourned for Hearing on NM 1232/17 to 03.08.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Plaintiff in person present and tendered affidavit in rejoinder to nm no. 1436/2022.
Adv. Trivedi present for defendant 03.
Adv. Chandramore present for defendant 01 and 02/MCGM.
Matter adjourned for nm hearing to 28/09/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv. Mayur Sonavane present for plaintiff and sought adjournment.
Adv. Trivedi present for defendant 03/SRA.
Adv. Chandramore present for defendant 01 and 02/MCGM.
Matter adjourned for nm hearing to 16/11/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Adv S. R. Bage present for plaintiff.
Adv Trivedi present for defendant no. 03/SRA.
None present for other defendants.
As court was busy in hearing on Notice of Motion no. 4901/2019.
By consent.
Matter adjourned for Notice of Motion hearing to 30.11.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Adv. Jyoti Kanojia present for plaintiff and sought adjournment.
Adv. Chandramore present for defendant 01 and 02/MCGM.
Adv. Bhandari hf adv. Trivedi present for defendant 03/SRA.
None present for other defendants.
Matter adjourned for nm hearing to 11/01/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv. Jyoti Kanojia present for plaintiff and sought adjournment.
Adv. Chandramore present for defendant no. 01 and 02/MCGM.
Adv. Trivedi present for defendant no. 03/SRA.
Matter adjourned for nm hearing to 15/02/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: Adv. Jyoti Kanojiya present for plaintiff and sought adjournment.
Adv. Chandramore present for defendant no. 01 and 02/MCGM.
Adv. Trivedi present for defendant no. 03/SRA.
None present for other defendants.
Matter adjourned for nm hearing to 15/03/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: Adv. Esha Jaifalkar hf adv. sonvne present for plaintiff and tendered additional affidavit of plaintiff in nm no. 1436/2022.
Adv. Chandramore present for defendant no. 01 and 02/MCGM.
Adv. Trivedi present for defendant no. 03/SRA.
None present for other defendants.
Adv. For plaintiff sought adjournment.
Matter adjourned for nm hearing to 12/04/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: Adv. S. R. Page present for plaintiff.
Adv. Trivedi present for defendant no. 03.
Adv. Chandramore present for defendant/MCGM.
None present for other defendants.
As other defendants are absent, Matter adjourned for hearing on nm no. 1436/2022 and dismissal order of nm 1232/2017 to 03-05-23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: P. O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: Adv. Jyoti Kanojia a/w. Adv. S.R. Page present for plaintiff.
Adv. Chandramore for defendant Nos.1 and 2/BMC present.
Adv. Trivedi present for defendant No.3/SRA.
None present for other defendants.
Record shows notice of motion No.1232/2017 was filed on 02.05.2017. Counsel of defendant No.6 is absent. Therefore, Notice of Motion No.1232/2017 is dismissed.
Matter adjourned for Hearing on NM and Ch/s. To 09.08.2023.
Later at 04.17 p.m.
Adv. Makwana for defendant No.6 present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: Adv. S.R. Page present for plaintiff.
Adv. Chandramore for defendant Nos.1 and 2/BMC present.
Adv. Trivedi present for defendant No.3/SRA.
Adv. Vishal Makwana present for defendant No.6.
Matter adjourned for Hearing on NM and Ch/s. to 19.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: Plaintiff in-person present.
Adv. S.R. Page a/w. Adv. Mayur Sonawane present for plaintiff.
Adv. Trivedi present for defendant No.3/SRA.
Adv. Vishal Makwana present for defendant No.6.
Matter adjourned for Hearing on NM and Ch/s. to 22.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2023
Date: 22-08-2023
Business: Adv. Mayur Sonawane present for plaintiff and filed arrears of transit rent. O-Filed.
Adv. Trivedi present for defendant No.3/SRA.
Adv. Vishal Makwana present for defendant No.6.
Adv. Chandramore present for defendant/BMC.
Matter adjourned for Hearing on NM and Ch/s. to 02.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2023
Date: 02-09-2023
Business: Exh.1- Plaint.
Exh.2- Vakalatnama.
Exh.3-Address Memo.
Exh.4- List of documents.
Adv. S. R. Page present for plaintiff and tendered pursis. TOR and marked as Exh.5
Adv. Vishal Makwana present for defendant No.6.
Heard argument of learned counsel of plaintiff and defendant No.6 on NM No.1436/2022.
Matter adjourned for Order on NM No.1436/2022 and Hearing on NM and Ch/s. to 21.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2023
Date: 21-09-2023
Business: Adv.Mayur Sonawane present for plaintiff and tendered draft chamber summons alongwith affidavit in support. O-Leave granted.
Adv. Vishal Makwana present for defendant No.6.
Adv. Trivedi present for defendant No.3/SRA.
Adv. Chandramore present for defendant Nos.1 and 2/BMC.
Matter adjourned for Ch/s. Service/Order on NM No.1436/2022 and Hearing on NM and Ch/s. to 11.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2023
Date: 11-10-2023
Business: Adv.Mayur Sonawane present for plaintiff and tendered registered chamber summons No.1694/2023. t.o.r.
Adv. Vishal Makwana present for defendant No.6.
Adv. Trivedi present for defendant No.3/SRA.
Adv. Chandramore present for defendant Nos.1 and 2/BMC.
Matter adjourned for Ch/s. Reply/Order on NM No.1436/2022 and Hearing on NM and Ch/s. to 07.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: Adv.S.R. Page present for plaintiff
Adv. Rupesh Yadav i/b. Diamondwala present for defendant No.6.
Adv. Bhandari h/f. Adv. Trivedi present for defendant No.3/SRA.
Adv. Chandramore present for defendant Nos.1 and 2/BMC.
Matter adjourned for Ch/s. Reply/Order on NM No.1436/2022 and Hearing on NM and Ch/s. to 16.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2023
Date: 16-12-2023
Business: Adv.S.R. Page a/w. Adv. Jyoti Kanojia present for plaintiff
Adv. Patel present for defendant No.6.
Adv.Trivedi present for defendant No.3/SRA.
Matter adjourned for Ch/s. Reply/Order on NM No.1436/2022 and Hearing on NM and Ch/s. to 24.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Coram: H.H.J. Shri. V. G. Raghuwanshi, City Civil Court, Mumbai.(C.R.08)
Adv. Jyoti Kanojiya h/f Adv. Mayur Sonavane present for plaintiff.
Adv. Chandramore for defendant no. 1 and 2/BMC present.
Adv. S. P. Trivedi present for defendant no. 3 /SRA.
Matter adjourned for on Cs and NM hearing to 02-03-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: Adv. S.R. Page a/w. Adv. Jyoti Kanojia i/b. Adv. Mayur S. Sonawane present for plaintiff
Adv.Trivedi present for defendant No.3/SRA.
Order on Notice of Motion No.1436 of 2022
Perused notice of motion, affidavit in support thereof, affidavit in reply, affidavit in rejoinder and additional affidavit. Heard both sides.
The plaintiff prays for direction to defendant no.6 developer to furnish site plan of newly constructed building in which a new shop to be allotted to plaintiff is situated and direction to defendant no.6 to pay arrears of rent from 01.02.2021 to 31.03.2022.
I have heard both sides. My attention was drawn to para nos.5 and 6 of affidavit in reply of defendant no.6. The defendant No.6 did not deny his liability to pay rent. Infact he conceded that he is in arrears as alleged by plaintiff and expressed his willingness to pay the arrears in installments as submitted by him. If this is so there is no hurdle in directing defendant no.6 to pay arrears to plaintiff. This notice of motion was filed on 18.04.2022. At that time defendant asked for installments but now we are in 2024. The defendant no.6 must have overcome the financial crunch after Covid pandemic. Thus I dont think it is necessary to grant facility of installments to defendant no.6.
Another prayer regarding supplying site plan of newly constructed building in which a new shop premises is to be allotted to the plaintiff. Having regards the facts and circumstances of the case and understanding between the parties. Defendant No.6 should provide the site plan to plaintiff. With this I pass following order
ORDER
1. Notice of Motion No.1436 of 2022 is allowed.
2. Defendant No.6 is directed to pay the arrears to plaintiff as prayed for by plaintiff within four weeks.
3. Defendant No.6 is directed to supply a copy of site plan to plaintiff within four weeks.
4. Notice of Motion No.1436 of 2022 stands disposed off.
Chamber Summons No.1116/2019 is not pressed by advocate for plaintiff. It stands disposed off as rejected.
Nature Of Disposal: DISMISSED
Disposal Date: 02-03-2024
