Date: 09-07-2018
Business: Adv. Manoj Agiwal Present for the Applicant.
Adv. Mahesh Pole Present for the Plff.
Adv. Karande Present for the Applicant.
Adv. Mahir Bhat Present for the Deft. no. 4 (b and c)
Plff in person present.
Deft no.5 inperson Present.
R.B. Ghadi present for representatives Court Receiver.
Representative of Court receiver filed report. t.o.r. copy. Called the say of Plff and Deft no.5 and other Deft.
Deft no. 5 inperson sought time to file his reply to the Report of court receiver Ex.84 after going through it as copy received today.
Ld counsel for Plff and Deft no. 4 (b to c) submitted that, they are not going to file reply upon report of Court Receiver Ex.84.
NM 2312/18.
Adv. For the Applicant filed registered NM 2312/18 alongwith affidavit. t.o.r.
Ld counsel for the Applicant service affidavit in respect of NM 2312/18. t.o.r.
Copy of the NM served to the Ld counsel for the Deft no. 4 (b and c) and Deft no. 5 in person. Plff alongwith Deft no. 4 (b and c) and 5 sought time to file reply to NM 2312/18.
None appear for Rest of Defts to file reply to the NM .
NM 2313/18.
Adv. For the Applicant filed registered NM 2313/18 alongwith affidavit. t.o.r.
Ld counsel for the Applicant service affidavit in respect of NM 2313/18. t.o.r.
Copy of the NM served to the Ld counsel for the Deft no. 4 (b and c) and Deft no. 5 in person. Plff alongwith Deft no. 4 (b and c) and 5 sought time to file reply to NM 2313/18.
None appear for Rest of Defts to file reply to the NM .
NM 2314/18.
Adv. For the Applicant filed registered NM 2314/18 alongwith affidavit. t.o.r.
Ld counsel for the Applicant service affidavit in respect of NM 2314/18. t.o.r.
Copy of the NM served to the Ld counsel for the Deft no. 4 (b and c) and Deft no. 5 in person. Plff alongwith Deft no. 4 (b and c) and 5 sought time to file reply to NM 2314/18.
None appear for Rest of Defts to file reply to the NM .
Ld counsel for the Applicant submitted that, they have received the notice to vacate the premises but considering their right they are not willing to vacate the premises and hence at their own costs, risk and liability they are protecting their possession the suit building.
Order on below Ex.62.
1. Application (Exh.62) is allowed.
2. The Court Receiver is directed to accept the rent and taxes payable by present applicant with regard to the said premises i.e garages bearing Nos.45 and 46 on the ground floor in the building knowns as Khanna Construction House situated at 44, R.G. Thadani Marg, Worli Sea Face, Mumbai 18.
3. It is hereby made clear that the payment/acceptance of rent by applicant is without prejudice to the rights and liabilities of the parties under General Law.
4. Parties to bear their costs.
Order on below Ex.78.
1. Application (Exh.78) is allowed.
2. The Court Receiver is directed to accept the rent and taxes payable by present applicant with regard to the said premises i.e Shop No.7 in Khanna Construction House, Dr.Thadani Road, Worli, Mumbai 18.
3. It is hereby made clear that the payment/acceptance of rent by applicant is without prejudice to the rights and liabilities of the parties under General Law.
4. Parties to bear their costs.
Adj. For reply to NM 2312/18, 2314/18, 2313/18 and reply of Deft no.5 to Ex.84 and Order Ex.79 on 16/07/2018.
Next Purpose: REPLY
Next Hearing Date: 16-07-2018
Date: 16-07-2018
Business: Adv. Mahir Bhatt Present for the Deft. no. 4(b to c).
Adv. Karande Present for the Applicant.
Adj. For Reply of NM 2312/18, 2313/18 and 2314/18 on 23/07/2018.
Next Purpose: REPLY
Next Hearing Date: 23-07-2018
Date: 23-07-2018
Business: Adv. Mahesh Present for the Plff.
Adv. Mahir Bhat Present for the Deft. (4b to c).
Deft no. 5 inperson Present.
Plff inperson Present.
NM 2312/18.
Adv. Manoj Gadiwal Present for the Applicant.
Ld counsel for the Deft no. 4( b to c) submitted that, they are not file written reply to the NM.
Deft no. 5 inperson submitted that, he wan to file written reply to the NM and sought time to file reply.
LD counsel for the Plff filed reply to NM. t.o.r. copy served to Ld counsel for Applicant, Deft no. 4(b, c) and Deft. no.5 inperson.
NM 2313/18.
Adv. Manoj Gadiwal Present for the Applicant.
Ld counsel for the Deft no. 4( b to c) submitted that, they are not file written reply to the NM.
Deft no. 5 inperson submitted that, he wan to file written reply to the NM and sought time to file reply.
LD counsel for the Plff filed reply to NM. t.o.r. copy served to Ld counsel for Applicant, Deft no. 4(b, c) and Deft. no.5 inperson.
NM 2314/18.
Adv. Manoj Gadiwal Present for the Applicant.
Ld counsel for the Deft no. 4( b to c) submitted that, they are not file written reply to the NM.
Deft no. 5 inperson submitted that, he wan to file written reply to the NM and sought time to file reply.
LD counsel for the Plff filed reply to NM. t.o.r. copy served to Ld counsel for Applicant, Deft no. 4(b, c) and Deft. no.5 inperson.
Adj. For reply to NM 2312/18, 2313/18, 2314/18 by Deft no. 5 inperson on 27/07/2018.
Next Purpose: REPLY
Next Hearing Date: 27-07-2018
Date: 27-07-2018
Business: Adv. Mahesh Present for the Plff.
Adv. Mahir Bhat Present for the Deft. (4b to c).
Deft no. 5 inperson Present.
Plff inperson Present.
Mr. Nirjan Chavan representative of High Court Receiver.
NM 2312/18.
Adv. Manoj Gadiwal Present for the Applicant.
Deft no. 5 inperson filed reply to NM 2312/18. t.o.r. copy supplied to Ld counsel for the Applicant and Deft no. 4 (b to c) and Plff.
NM 2313/18.
Adv. Manoj Gadiwal Present for the Applicant.
Deft no. 5 inperson filed reply to NM 2313/18. t.o.r. copy supplied to Ld counsel for the Applicant and Deft no. 4 (b to c) and Plff.
NM 2314/18.
Adv. Manoj Gadiwal Present for the Applicant.
Deft no. 5 inperson filed reply to NM 2314/18. t.o.r. copy supplied to Ld counsel for the Applicant and Deft no. 4 (b to c) and Plff.
Adj. For Hearing to NM 2312/18, 2313/18, 2314/18 by Deft no. 5 inperson on 30/07/2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2018
Date: 30-07-2018
Business: PO relieved for Mediation training at Ganjam, Odisha.
Adj. For Hearing on NM 2312/18, 2313/18, 2314/18 on 06/08/2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2018
Date: 06-08-2018
Business: Adv. Mahesh Present for the Plff.
Adv. Mahir Bhat Absent for the Deft.no. (4b to c).
Deft no. 5 inperson Present.
Plff inperson Present.
Adv. Manoj Gadiwal Present for the Applicant.
Representative of Court reciver Present.
NM 2312/18.
Deft no.5 inperson filed reply to NM 2312/18. copy supplied to Applicant and Plff.
Heard both sides over NM.
NM 2313/18
Deft no.5 inperson filed reply to NM 2313/18. copy supplied to Applicant and Plff.
Heard both sides over NM.
NM 2314/18.
Deft no.5 inperson filed reply to NM 2312/18. copy supplied to Applicant and Plff.
Heard both sides over NM.
Adj. For Order of NM 2312/18, 2313/18 and 2314/18 on 13/08/2018.
Next Purpose: NM ORDERS
Next Hearing Date: 13-08-2018
Date: 13-08-2018
Business: Adv. Mahesh Present for the Plff.
Adv. Mahir Bhat Absent for the Deft.no. (4b to c).
Deft no. 5 inperson Present.
Plff inperson Present.
Adv. Manoj Gadiwal Present for the Applicant.
Representative of Court receiver Present.
F.R.S.R following order of NM 2312/18.
1. Notice of Motion 2314/18 in suit no. 318/73 in HC Suit no. 1010/1973 is made absolute subject to risk and liability of the applicant to take necessary proceedings before the Hon\''ble Small Causes Court at Mumbai.
2. Applicant to bear their own costs alongwith costs of plaintiffs and defendants in this suit.
Nature Of Disposal: ALLOWED
Disposal Date: 13-08-2018
