Date: 18-09-2019
Business: Advocate Dalal for Plaintiff present and filed registered Notice of Motion no.2599/2019 with affidavit in support along with affidavit of service t.o.r.
Advocate Yogesh Gaikwad for Defendant no.1a to 1c, 3 and 4 present
Advocate Rabab for Defendant no.9 and 10 present
Both learned advocates for Defendants sought time to file NM reply. Considering submissions adjourned to 08/11/2019 for NM reply by Defendants.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2019
Date: 08-11-2019
Business: Advocate Sanidha Ajgaoukar for Plaintiff present
Advocate Yogesh Gaikwad for Defendant no.1a to 1c, 3 and 4 present and sought time for filing reply to NM no.2599/19. Considering submissions adjourned.
Advocate Ms. Bharti Bhansali for Defendant no.9 and 10 present and filed affidavit in rely to NM no.2599/19, t.o.r.
Case is adjourned to 16/01/2020 for NM reply by Defendant no.1a to 13, 3 and 4.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Advocate Mr. Ankush Vithlani for Plaintiff present
Advocate Mr. Yogesh Gaikwad for Defendant no.1a to 1c and 3 and 4 present and sought adjmt. for filing NM reply.
Advocate Ms. Rabab Dugaria for Defendant no.9 and 10 present and submitted that reply on behalf of those Defendants are already on record.
By consent, case is adjourned to 20/03/2020 for NM for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: Clerk of advocate Mr. P. D. Gandhi for Plaintiff present
None present for Defendants/respondents. It seems that due to fear of Corona Virus, Defendants may not have appeared today in the matter hence case is adjourned to 15/07/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 28/01/2021 for NM reply/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: None present for both the parties hence, considering pandemic condition, matter is adjourned for NM reply to 20.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: None present for the plff.
Adv Mr. Yogesh Gaikwad for deft Nos.1a to 1c, 3 and 4 present.
Adv Ms. Aarshi for deft Nos.9 and 10 present.
As nobody is present for the plff, N.M.No.2599/19 be kept for dismissal order on next date.
Matter is adjd. for NM dismissal order to 06.12.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv Mr. Dalal present for plff.
Adv Mr. Aditya Khare h/f Adv Mr. Gandhy present for deft.
In the course of argument, it came to the notice that applicant in the NM for restoration of the suit is not the plff himself. When enquired, ld. advocate for the applicant in the NM stated that rights by virtue of family arrangement and power of attorney given by the original plff are created in favour of the applicant of NM. He submitted that applicant will take out appropriate ch/s to implead the applicant as party plff to the suit. Since the power of attorney relied upon is in respect of the suit is already disposed off, applicant is directed to serve the NM on the original plff.
Matter is adjd. for steps to 20.01.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As per Office Order No. 27/2022 dtd. 06/02/2022, holiday declared hence, matter adjourned
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Adv Mr. Dalal present for plff.
Adv Ms. Labde present for deft.Nos.1a to 1c, 3 and 4.
Both ld. Advocates mentioned the matter in the morning session.
By consent, matter is adjd. for taking steps to 18.04.2022.
Judge
L.O.at 2.45 p.m.
Adv Ms. Vedpathak for applicant/plff present and filed draft Ch/s alongwith affidavit in support. O- Leave to register is granted with direction to serve the defts.
She also filed affidavit in support of NM No.2599/2019.
Already adjd. to18.04.2022.
Judge
L.O.at 3.00 p.m.
Adv Aashi Sirohiwala for deft Nos.9 and 10 present.
Already adjd. to 18.04.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Adv Smt. Vedpathak for plff present and tendered registered Ch/s No.316/2022 alongwith affidavit in support.
Adv Mr. Yogesh Gaikwad for deft Nos.1a to 1c,3 and 4.
Adv Smt. Shlesha Sheth for deft Nos.9 and 10 present.
Advocates for defts present as above seek adjournment to file reply to Ch/s.
By consent, matter is adjd. for Ch/s reply to 28.06.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Adv.Dalal for plaintiff present.
KB
LO at 04.00 pm,
Adv.Saichiranjeevi Kutti i/b.Maneksha and Sethna for plaintiff present.
Adv.Dhanashree Gaikaiwari i/b. Bilawala and Co. for deft.No.1(a) to 1(c), 3 and 4 present.
Adv.Kalyani Deshmukh i/b.F2B and Associates for defendant No.9 and 10 present. She filed affidavit in reply of defendant No.9 and 10 in chamber summons No.316/22. Copy of same is received by the plaintiff and deft. No. 1(a) to 1(c), 3 and 4.
Matter adjd to 08.08.2022 at morning for reply by rest of deft.in ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv.Sanidha Vedpathak i/b.Maneksha and Sethna for plaintiff present.
Adv.Yogesh Gaikwad i/b.M/s.Bilawala and Co. for deft.Nos.1(a) to 1(c), 3 and 4 present.
Adv.Kalyani Deshmukh i/b.FZB and Associates for deft.No.9 and 10 present.
Deft.Nos.1(a) to 1(c), 3 and 4 filed reply to the additional affidavit dated 22.02.2022 t.o.r. They also filed reply in ch/s.316/22 t.o.r.
Copies of both reply are furnished to the plaintiff and deft.No.9,10.
The pltff. to file service affidavit in NM and Ch/s.
Matter adjd to 23.09.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: Court is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Adv.Dalal for plaintiff present.
Adv.P.D.Gandhy a/w. Adv.Yogesh Gaikwad for defendant No.1a to 1c, 3 and 4 present.
Adv.Kalyani Deshmukh for deft.No.9 and 10 present.
Applicants in chamber summons and notice of motion filed service affidavit in chamber summons and notice of motion t.o.r.
Adv.Dalal submits that terms of settlement were filed on 22.11.1985 in respect of defendant No.6 to 8 and on 20.08.1997 in respect of defendant No.2. Adv. Gandhy submits that he is appearing of defendant No.1, 3, 4. Plaintiff to make submission with respect to service of defendant No.5.
Matter adj. to 18.01.2023 for affidavit, chamber summons, NM in respect of defendant No.5.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: Adv.Dalal for plaintiff present.
Adv.Yogesh Gaikwad for defendant No.1a to 1c, 3 and 4 present.
Adv.Kalyani Deshmukh for defendant No.9 and 10 present.
Adv.for the plaintiff filed service affidavit t.o.r. and marked as Exh.A a/w. envelope in respect of defendant No.5. It is reported that defendant No.5 is dead. The Ld.Adv.for defendant No.3 and 4 has made communication with defendant No.4 seeking instructions/information regarding the details of legal heirs of deceased defendant No.
Matter adjd to 15.02.2023 for steps against deft. No.5.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: None present for both sides.
KB
LO at 12.15 pm
None present for plaintiff.
Adv.Yogesh Gaikwad for defendant No.1a to 1c, 3 and 4 present.
Adv.Malaika Castellino for defendant No.9 and 10 present.
(As Court is busy in dictating judgment in SU No.7400/2001 and order in other matters, hence, adjourned.)
Matter adjd to 27.03.2023 at 02.45 pm for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Adv.Pooja Shah i/b.Maneksha and Sethna for plaintiff present.
Adv.Yogesh Gaikwad i/b.M/s.Bilawala and Co. for defendant No.1a to 1c, 3 and 4 present.
Adv. for plaintiff requested for time to take steps.
Matter adjd to 23.06.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: None for plaintif.
Adv Yogesh Gaikwad for deft No. 1 (a) to 1 (c ) , 3 and 4 present.
Adv Kalyani Deshmukh for deft no. 9 and 10 present.
Matter is adjd.to 21-07-2023 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: Adv. Dalal for plaintiff present.
Adv. Yogesh Gaikwad for defendant no.1(a) to 1 (c),3 &4 present.
Adv. Neha Rukhana for def.no.9 and 10 present.
The Ld. Counsel for plaintiff would make submission that Consent Terms were arrived at b/w the plaintiffs and defendant nos. 6,7 and 8 on 22/9/1985 and with def. no.2 on 20/8/1997.
By consent the matter and prayed for adjournment for hearing on N.M and Chamber Summon.
Matter is adjd.to 13-09 -2023 for hearing on nm and ch/s at morning 11.00 am.
Next Purpose: HEARING
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: Adv. Zubin Dalal for plaintiff present.
Adv. P. D. Gandhy for defendants no. 1a to 1c, 3 and 4 present.
Adv. Kalyani Deshmukh for defendants no. 9 and 10 present. She would adopt the submissions made by Adv. Dalal for the applicant.
Heard both sides.
Matter is adjd.to 25-09-2023 for Order.
Next Purpose: ORDER
Next Hearing Date: 25-09-2023
Date: 25-09-2023
Business: Adv. Sanidha Pathak for plaintiff present.
Adv. Kalyani Deshmukh for defendants no. 9 and 10 present and filed written submission in NM t.o.r. marked as Exh.B
She also filed written submission in C/S No. 316/ t.o.r. marked as Exh.C
Matter is adjd.to 10-10-2023 for Reply/Order
Next Purpose: ORDER
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: Adv. Sanidha Vedpathak for plaintiff present.
Adv. Jyotika Raichandani for deft. no. 9 and 10 present.
None for defendant
Matter is adjd.to 23-10-2023 for order.
Next Purpose: ORDER
Next Hearing Date: 23-10-2023
Date: 23-10-2023
Business: Adv. Vedpathak for plff. present.
Adv.Kalyani Deshmukh for defendant no.9 and 10.
Matter is adjd.to 03-11-2023 for order
Next Purpose: ORDER
Next Hearing Date: 03-11-2023
Date: 03-11-2023
Business: Matter adjourned to
Next Purpose: ORDER
Next Hearing Date: 06-12-2023
Date: 06-12-2023
Business: Adv. Pooja Shah for plaintiff present.
Adv Milind Parab i/b FZB and Associates for defendant nos. 9 and 10 present.
Matter is adjourned to 11.12.2023 for orders.
Next Purpose: ORDER
Next Hearing Date: 11-12-2023
Date: 11-12-2023
Next Purpose: ORDER
Next Hearing Date: 20-12-2023
Date: 20-12-2023
Business: Adv. Sanidha Vedpathak i/b Maneksha and Sethna for plaintiff present.
None for defendant
F. R.S.R. following order passed in -
ORDER
1. The Notice of Motion No. 2599 of 2019 stands dismissed being not maintainable.
Order in Chamber Summons No. 316/2022 -
In view of the dismissal of the notice of motion No. 2599 of 2019, the present Chamber Summons No. 316 of 2022 does not survive. Hence, stands dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 20-12-2023