Sunil Bablani And AnrVsMs Runwal Constructions

Date: 17-07-2019
Business: Adv. B.R.Dalal for Plaintiff present.
Adv. Neha Joshi for defendant present.
Plaintiff tendered original NM No.2673/19 t.o.r.
Reply given to NM on motion itself by defendant.
Defendant tendered original NM No.2413/19 t.o.r.
Reply filed by Plaintiff on NM no.2413/19
K.B.
L.O.
Heard arguments of both sides.
Adj for order on NM no.2673/19 to 18.07.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: Plff and Adv absent.
Deft and Adv absent.
FRSR following order is passed below Notice of Motion No.2673 of 2019.
ORDER
1. Notice of Motion No.2673 of 2019 is allowed and made absolute in terms of prayer clause (a).
2. Defendant is directed to give inspection of the documents referred/relied by them in their written statement and additional written statement within period of 10 days from the date of this order to the plaintiffs by giving intimation of date, time and place of inspection.
3. Accordingly, notice of motion is disposed off.
Adj for NM hearing to 14.08.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: Plff and Adv absent.
Adv. Abhishek for defendant present.
Adj for NM hearing to 27.09.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Adv. Shyam Sharma for Plaintiff present.
Adv.Vishal Dushing for defendant present.
KB
LO
Adv. B.R.Dalal for plaintiff present.
Plaintiff is directed to supply copy of reply to the defendant in advance.
Adjd. to 9.10.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Adv. Dalal for plaintiff present.
Adv. Mr. Mone for defendant present.
Adv. For plaintiff submitted that settlement is going on between the parities.
So, Matter is posted for 19.10.2019 NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Adv. B.R.Dalal for plaintiff present.
Adv.Vishal Dushing for defendant present.
Concerned with both parities, adjd. to 21.11.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: Adv. B. R. Dalal for plaintiff present.
Adv. Ranbeer Singh for defendant present.
With consent of both parties matter is adjourned to 5.12.2019 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Adv. Sushil Sharma for Plaintiff present.
Adv. Ranveer Singh with Adv. Vishal Dushing for defendant present.
Both parties submitted that there is element of settlement. So, matter is referred for mediation.
Parties are directed to appear before the Mediator on 04.01.2020.
Adj for Mediation report to 20.01.2020.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Plaintiff and adv. absent.
Adv. Vishal Dushing for defendant present.
Adv. for defendant submitted that mediation is in progress.
Adjourned to 3.02.2020 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: As court is on leave, Hence board adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Adv Manjit for plff present.
Adv Vishal Dushi for deft present.
Mediation report not received.
Matter stands Adj for mediation report to 21/03/2020.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: None present.
Matter stands Adj for Mediation Report to 02.05.2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 02-05-2020

Date: 21-03-2020
Business: None present.
Matter stands Adj for Mediation Report to 02.05.2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 02-05-2020

Date: 02-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 22-05-2020

Date: 02-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 22-05-2020

Date: 22-05-2020
Business: National Lockdown
Next Purpose: MEDIATION REPORT
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-07-2020

Date: 20-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Business: Matter  pertains to C.R. no.2
Adv. B.R Dalal for plaintiff present.
Adv. Abhishek Salian for defendant present.
Plaintiff tendered draft Notice of Motion and Chamber Summons.
Leave granted to register it.
Copy given to other side.
Matters stands Adj for Ad-interim to 02.09.2020.
Next Purpose: HEARING
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Business: Matter  pertains to C.R. no.2
Adv. B.R Dalal for plaintiff present.
Adv. Salian for defendant present.
Heard both sides. Ld. Counsel for the plaintiff prays for urgent hearing on ad-interim relief.
The Sheristdar is directed to keep the case papers in the court and ready for hearing on ad-interim relief.
In view of above, matters stands adjourned for hearing on ad-interim relief on 3.9.2020.
Next Purpose: HEARING
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Business: (Matter pertains to Court Room No.2.)
Adv.B.R.Dalal for plaintiff dpresent.
Adv.Z.A.Dalal for defendantd present and submitted that defendants  are intending to file detail NM reply, however for ad-interim relief today defendants are filing compilation of documents with list of documents. Compliation doucments with list of documents taken on record. Copies be served upon plaintiffs.
Plaintiffs\'' adv. filed the original notice showing that copy of draft chamber summons is served upon BMC.  No one present for BMC.
Plaintiffs\'' adv. submitted that as the matter is urgent it was expected that defendants should have filed Chamber Summons reply itself today.
Defendants\'' adv. submtited that as the matter was posted for ad-interim hearing he is not ready with the Chamber Summons reply.  Considering submissions and considering the urgency pointed out by plaintiffs\'' adv. defendants are directed to file their reply to Ch.S. without fail on 7th September, 2020.  It is made clear that if the chamber summons will be allowed on merits, matter will go to BMC Court as the amendment is sought for impleading BMC as party defendant.  In such situation arguments for ad-interim reliefs will be heard after disposal of chamber summons.  If the Ch.s. will be dismissed this court itself will hear for ad-interim relief and if the Ch.S. will be allowed BMC Court will have to hear the matter for ad-interim relief.
Meanswile plaintiff is directed to get registered the draft Ch./s.
Hence, matter is adjd. to 07/09/2020 for  Ch./s. reply and Ch/s. hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Business: Adv.Dalal for plaintiff present.
Adv.Salian for deft. present.
Ld. Counsel for the plaintiff tendered registered chamber summons no.530 of 2020.
The Ld. Counsel for the defendant submit that the defendant could get only one working day and therefore the reply to the chamber summons cannot be affirmed.  He today supplied unaffirmed copy of reply to the chamber to the counsel for the plaintiff.  He undertakes to tender reply on the record on the next date and will supply affirmed copy of reply to the counsel for the plaintiff.
The matter is adjd for filing reply to 09.09.2020.
Next Purpose: C/S REPLY
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Business: Adv.B.R.Dalal for applicant present.
Adv.Salian for defendant/respondent present and filed affidavit of reply to the Ch./S. with documents annexed to affidavit.
Copies of affirmaed affidavit of reply and documents served upon plaintiff\''s advocate.
Matter is adjd. by consent to 16/09/2020 for rejoinder by plaintiff\'' and for hearing Ch./S.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Business: Adv. B.R. Dalal for plaintiff present.
Adv. Salian for defendant present.
At the request of advocate for plaintiff adjourned to 01/10/2020 for chembur summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Business: Adv V. T. Dubey h/f B. R. Dalal for plff present.
Adv Shantam Mandyan for defts present.
By Consent matter stands Adj for CS hearing to 14/10/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Business: Adv. Dalal for plaintiff present.
Adv. Salian for defendant present.
At the request of advocate for plaintiff matter is adjourned.
Advocate for deft is directed to supply copy of SLP Writ Petition to plaintiff in advance.
Matter stands Adjd. for Hearing on Ch/s to 04/11/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-11-2020

Date: 14-10-2020
Business: Adv. Dalal for plaintiff present.
Adv. Salian for defendant present.
At the request of advocate for plaintiff matter is adjourned.
Advocate for deft is directed to supply copy of SLP Writ Petition to plaintiff in advance.
Matter stands Adjd. for Hearing on Ch/s to 04/11/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-11-2020

Date: 14-10-2020
Business: Adv. Dalal for plaintiff present.
Adv. Salian for defendant present.
At the request of advocate for plaintiff matter is adjourned.
Advocate for deft is directed to supply copy of SLP Writ Petition to plaintiff in advance.
Matter stands Adjd. for Hearing on Ch/s to 04/11/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: Plaintiff and their Advocate are absent till 11.45 am.
Adv. Abhishek Salian for deft present.
Matter adjd to 25.11.2020 for Ch/s. Hearing.
LO at 12.20 pm.
Adv. Dalal for plff present.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-11-2020

Date: 04-11-2020
Business: Plaintiff and their Advocate are absent till 11.45 am.
Adv. Abhishek Salian for deft present.
Matter adjd to 25.11.2020 for Ch/s. Hearing.
LO at 12.20 pm.
Adv. Dalal for plff present.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-11-2020

Date: 04-11-2020
Business: Plaintiff and their Advocate are absent till 11.45 am.
Adv. Abhishek Salian for deft present.
Matter adjd to 25.11.2020 for Ch/s. Hearing.
LO at 12.20 pm.
Adv. Dalal for plff present.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Business: Adv. B. R. Dalal for the plaintiff present.
Adv. Shantam Madhyan  for defendant present.
At the request of advocate for plaintiff matter adjd to 27.11.2020 for C/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Business: Adv B. R. Dalal for plff present.
Adv Salian for deft present.
Adv for plff submitted that building no. C which is suit premises is completely demolished by the deft during the pendancy of suit. Adv for deft submitted that deft demolished the building before filing of NM by plff.  Hence, he wants to file new CS for amendment.  In view of submission of Adv for plff, matter is adjourned till 02/12/2020.
Adv for plff filed rejoinder to reply of deft to CS. t.o.r. Copy given to other side.
Matter stands Adj for CS hearing to 02/12/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: Adv B. R. Dalal for plff present.
Adv Shantam for deft present.
Adv for plff seeks time to file fresh CS.  Granted.
Matter stands Adj for CS Hearing to 04/01/2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: Adv Shantam nfor Deff present.
Adv Dalal for plff present and requested time to file CH/S.
Adj at his request to 14.01.2021 for C/S.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-01-2021

Date: 04-01-2021
Business: Adv Shantam nfor Deff present.
Adv Dalal for plff present and requested time to file CH/S.
Adj at his request to 14.01.2021 for C/S.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-01-2021

Date: 04-01-2021
Business: Adv Shantam nfor Deff present.
Adv Dalal for plff present and requested time to file CH/S.
Adj at his request to 14.01.2021 for C/S.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Adv B. R. Dalal for plff present.
Adv Archana Gupte @ Shantam for deft present.
Adv for plff tendered draft CS.  Leave to register.  Granted.  Copy served to Adv for plff.
Matter stands Adj for CS Reply to 05/02/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Adv Lora Carvallo for plff present.
She tendered registered CS 130/2021. t.o.r.
Adv Shantam for deft present.
He seeks time to file CS reply.  Granted.
Matter stands Adj for CS reply to 10/03/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: Adv Shantam for deft present.
Matter stands Adj for CS Reply to 16/04/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: Matter pertains to C. R. No. 02.
Adv. Sushil Sharma for plaintiff present.
Adv. Shantam for deft. present.
Plff no. 1 Sunil Bablani and plaff no.2 Anju Bablani present.
Kishor Kumar Pannalal Jain, partner of deft. firm present.
Consent terms tendered by the plaintiffs and deft. and authority letter of deft. firm.  T.O.R.
Copy of Adhar card of both the parties are taken on record and the original is returned after verifying.
I had verified the parties present in the Court and they admitted the contents of the consent terms.  Put for order.
The matter is adjd for order to 30/03/2021.
Next Purpose: ORDER
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Plffs present.
Adv Sushil Sharma for plaintiffs present.
Partner Kishor Jain of deft firm present.
Adv Shantam for defendant present.
In view of consent terms filed at Exh. 07, suit is disposed of.
Decree be drawn up according to Consent terms (Exh. 07).
Court fees be refunded as per rules.
Notice of Motion 2413/2019 and Chamber Summons 530/2020, 130/2021 are disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 30-03-2021

Main Case No: SUIT/0102312/2013
Main Cnr: MHCC010027362013
Main Filing No: 111447

Filing Number: 107179/2019
Filing Date: 01-07-2019
First Hearing Date: 17th July 2019
Decision Date: 30th March 2021
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE