Date: 03-07-2018
Business: None for plaintiff.
Adjd for direction on 01.08.2018.
Next Purpose: DIRECTIONS
Next Hearing Date: 01-08-2018
Date: 01-08-2018
Business: Adv.Mr.Surve Plff.present.
Adv.Mr.Sunil Sharma Deft.no.5 present.
Adv.for Defendant.no.5 filed reply to Ch/s
Plff is directed to take steps for service of Ch/s upon all the defendants within a week. Considering overall circumstances, the substitute service as per provisions of Order 5, Rule 20 of the C.P.C.is also permitted, subject to the payment of necessary charges.
Matter is more than 40 years old, hence adjd.on 20.08.2018 for service on by way of last chance.
Next Purpose: SERVICE
Next Hearing Date: 20-08-2018
Date: 20-08-2018
Business: Adv.Mr.Surve for Plff.present.
Adv.Mr.Sunil Sharma for Defendant no.5 present.
Adv.for Plff.filed affidavit of service along with the copy of Paper copy t.o.r.
Adjd.for N/m hearing on 25.09.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2018
Date: 25-09-2018
Business: HHJ is Nominated as trainer for training on mediation hence today Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2018
Date: 17-10-2018
Business: Adv.Ms.Boatwala for Plff. present.
Adv.Mr.Sunil Sharma for deft.no.5 present.
Order below N/m No.890/2017
Adv.for defendant has withdrawn the N/m No.890/2017 in view of the recent amendment in the CPC, as Section 9 A of the CPC is deleted. Hence N/m no. stands disposed of as withdrawn. It be removed from Board.
Adv.for plaintiff filed rejoinder to Ch/s t.o.r.
Adv.for defendant no.5 submitted that the settlement talks between the parties are in progress and even the copy of draft consent terms is served to one Mr.Girish who is helping the parties for mutual settlement. Considering the nature of the suit, with consent of both the parties, suit is referred for National Lokadalat scheduled on 08.12.2018. Parties are directed to attend National Lokadalat at 10.00 am.
Issue notice to both the parties through Bailiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2018
Date: 08-12-2018
Business: Adv. Mr. Surve for plff present.
Parties are absent.
In view of this matter be sent back to regular court. Parties are directed to attend regular court on dt. 24.01.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2019
Date: 24-01-2019
Business: Adv. Surve for Plaintiff present.
Adv. Sunil Sharma for Defendant present.
He filed draft NM t.o.r.
Leave is granted to register it.
Copy of NM be served on other side.
Copy of rejoinder is served on other side.
Adj for NM service and hearing to 14.02.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2019
Date: 14-02-2019
Business: Adv. Surve for Plaintiff present.
Adv. Sunil Sharma for Defendant no.5 present.
Plff filed registered NM No.570/19 t.o.r.
Copy is served on other side.
Heard arguments of both sides on Ch/s 1389/17.
Adj for Ch/s order and NM reply to 22.02.2019.
Next Purpose: CS NM ORDERS
Next Hearing Date: 22-02-2019
Date: 22-02-2019
Business: Adv. Nitanshi for Plaintiff present.
Adv. Sharma for Defendant no.5 present.
Reply affidavit filed by Plaintiff to NM.
Copy given to other side.
K.B. for order.
L.O.
As Court is busy in hearing arguments and in other work, hence adj for order to 27.02.2019.
Next Purpose: CS NM ORDERS
Next Hearing Date: 27-02-2019
Date: 27-02-2019
Business: Adv. Nikhil Mutha for Plaintiff present.
Adv. Sunil Sharma for Defendant no.5 present.
K.B.
L.O.
As Court is busy in recording evidence, hearing arguments and in other work, hence adj for Ch/s order to 06.03.2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-03-2019
Date: 06-03-2019
Business: Adv. Nitanshi for Plaintiff present.
Deft and Adv absent.
K.B.
L.O.
As Court is busy in recording evidence and in other work, hence adj for order to 11.03.2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Adv. Nitan Sheth for Plaintiff present.
None present for defendant.
KB
LO
As the court is busy in hearing of other matters, hence matter is adjourned.
Adjd. for CS order and NM hearing to 15.04.2019
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-04-2019
Date: 15-04-2019
Business: Adv. Nitant Shaikh for Plaintiff present.
Adv. Sunil Sharma for Defendant no.5 present.
Parties are directed to clarify on certain aspects relating to Chamber summons no.1389/17.
Hence, matter is adj for hearing on certain aspects relating to Chamber summons to 18.04.2019.
Next Purpose: HEARING
Next Hearing Date: 18-04-2019
Date: 18-04-2019
Business: Adv. Nitant Shaikh for Plaintiff present.
Adv. Sunil Sharma for Defendant no.5 present.
Heard Adv for defendant no.5.
K.B.
L.O.
Adv for Plaintiff sought time.
Time is granted.
Adj for further NM hearing to 30.04.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: Adv. C.Bharucha for Plaintiff present.
Adv. Sunil Sharma for Defendant no.5 present.
Heard arguments of both sides.
Affidavit in rejoinder of Defendant no.5 to reply filed by Plaintiff t.o.r.
Adj for Ch/s order and NM hearing to 04.05.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2019
Date: 04-05-2019
Business: Plff and Adv absent.
Adv. Sunil Sharma for Defendant no.5 present.
K.B.
L.O.
FRSR following order is passed in Ch/s no.1389/17.
ORDER
1. Chamber Summons No.1389 of 2017 is partly allowed subject to payment of costs of Rs.10,000/- to contesting defendant No.5, within period of two weeks from the date of this order.
Plaintiffs are at liberty to costs payable to defendant No.5 in court.
2. On payments of costs by the plaintiff within two weeks therefrom they are permitted to carry out amendment in terms of prayer clause a and they are further permitted to carry out amendment as per clause A of schedule B annexed to chamber summons.
3. Accordingly, chamber summons is disposed off.
adj for compliance to 14.06.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-06-2019
Date: 14-06-2019
Business: Adv. Surve for Plaintiff present.
Adv. Sunil Sharma for defendant no.5 present.
Adv for Plaintiff submitted that Plaintiff no.11 Zuber has undergone Bypass surgery because of which amendment could not be carried out and sought extension of time for carrying out amendment.
Time is extended till 05.07.2019 to carry out amendment.
Adj for compliance to 05.07.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-07-2019
Date: 05-07-2019
Business: Adv. Surve for Plaintiff present.
Adv. Sunil Sharma for defendant no.5 present.
Compliance made.
Adv Surve undertakes to file V/n for newly added Plaintiff.
Adj for compliance and NM hearing on NM 570/19 to 30.07.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-07-2019
Date: 30-07-2019
Business: Adv. Surve for Plaintiff present.
Adv. Sunil Sharma for defendant no.5 present.
Ex.3 Adv. M/s. Nanu Hormasjee and Co. filed V/n on behalf of newly added Plaintiff t.o.r.
He also filed amended copy of plaint t.o.r.
Adj for NM hearing to 26.08.2019.
Plaintiff no.1(a) is Senior citizen. In view of office order No.138 of 2019 dtd.12.07.2019, present case is to be forwarded to Court Room no.7.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: Adv.Anupam Surve for plaintiff present.
Adv.S.R.Sharma for defendant no.5present.
Matter adj for hearing on N/M on 16/09/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Matter called out(3.37pm)
Adv.Anupam Surve a/w Adv. Mr.Nitant Sheth for plaintiff present.
Adv.Sunil Sharma for defendant no.5 present.
Heard both the side on N/M No.570/19
Matter adj for order on N/M No.570/19 on 17/09/19.
Next Purpose: NM ORDERS
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: Matter called out(3.40pm)
Adv.Nitant Sheth for plaintiff present.
Adv.Sunil Sharma for defendant no.5 present.
F.R.S.R following order is passed on N/M No.570/19.
ORDER
1. Notice of Motion No.570 of 2019 is hereby made absolute in terms of prayer clause a to c.
2. Notice of Motion No.890 of 2017 be taken on the file.
3. Notice of Motion No.570 of 2019 is disposed off accordingly.
Matter is adj for hearing of N/M No.890/17 on 06/11/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Matter called out(3.10pm)
Adv.Anupam Surve a/w Nitant Shetty i/b M/s Nanu Hormajee and co. for plaintiff present.
Adv.Sunil Sharma for defendant no.5 present.
Plaintiff seeking time to file reply to N/M No.890/17 which was restored on 17/09/2019. Time granted by way of last chance.
Matter is adj to 28/11/19 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: Matter called out(3.21pm)
Adv.Cyrus Bharucha a/w Adv.Nikhil Mutha for plaintiff present.
Adv.Sunil Sharma for defendant no.5 present.
Plaintiff filed reply to N/M No.890/2017
Copy supplied to the other side.
Matter is adj to 08/01/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Matter is called out at 3.07pm
None present.
Later on at 3.08pm
Adv.Hilla Boatwalla for plaintiff present.
Plaintiff made a statement that settlement talks are going on.
Hence, matter is adj to 14/02/2020 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Matter is called out at 2.56pm
Adv.Nitant Sheth i/b M/s Nanu Horamsjee and Company for plaintiff present.
Adv.Sunil Sharma for defendant no.5 present.
Both the side made a statement that, they are trying to settled the matter and negotiation talk going on they are seeking longer date.
Hence, matter is adj to 29/04/2020 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 29-04-2020
Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SETTLEMENT
Next Hearing Date: 20-05-2020
Date: 20-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SETTLEMENT
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Business: Due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Business: Due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: Due to Covid-19 none present.
Next Purpose: SETTLEMENT
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Matter called out(11.18am)
Adv.Nikhil Mehta for plaintiff present.
Defendant and his advocate absent.
Matter is adj to 10/12/2020 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Matter called out(11.14am)
Plaintiff and his advocate absent.
Defendant no.5 in person present. He inform that, settlement talks are going on hence, seeking time. Time granted.
Matter is adj to 08/01/2021 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: Praceepee filed by Nanu Hormasjee and Co.
Allowed.
Adv Nimish Kothari along with Adv Anupam Surve and Adv Nikhil Mutha I/b Nanu Hormasjee and Co. for plaintiff present.
Adv Sunil Sharma for defendant no.5 present.
Ms. Varsha N. Bhiwandkar, Chair person for defendant no.5 present.
Dilip M. Khavnekar, Secretory and Prasad Athvale (Treasurer) present.
Both the parties filed Consent Terms t.o.r. marked Exh-5
Adv for the plaintiff filed death certificate for Plaintiff no.5(d) Tahnaan A .M. Patka. Death certificate is marked as Exh-6. The suit is abated so far as plaintiff 5(d) is concern. Adv for plaintiff submitted that legal heirs are already on record and same is mentioned in C/T.
Adv for the plaintiff filed photocopy of the Powers of Attorney which are notarized and attested by Adv for the plaintiffs. This P.O.A executed by plaintiff no. 1(a), (1b), (1c), (1d), 2 ,4(a), 4(b), 5(a), 5(b), 5(c ),7,8(a),8(b),8( c), 10 in favor of plaintiff no.9 Zubair Agboatwala.
Plaintiff no.3 and 11 executed POA in favor of plaintiff no.6 Salim. All this POA collectively marked as Exh-7.
Today the plaintiff no.9 Zubair Agboatwala is present. Both the parties and their advocate filed a pursis that C/T is signed by plaintiff no.6 for himself and for plaintiff no.3 and 11 at his home. Plaintiff no.6 has went through hip replacement surgery and not possible to move. He is 85 years old . Accordingly a pursis is filed which is marked as Exh-8. As the pursis is signed by both the parties and their advocates therefore pursis is accepted.
Both the parties admitted that C/T (Exh-5) bears the signature of plaintiff no.6. Plaintiff no. 9 Zubair Agboatwala and defendant no.5 accepted the contents of C/T Exh-5.
Representative of Defendant no.5 Ms. Varsha N. Bhiwandkar, Dilip M. Khavnekar, Secretory and Prasad Athvale filed a resolution on behalf of defendant no.5 authorizing them to sign the C/T bearing resolution no.3(a) dated 04/01/2021 t.o.r. marked Exh-9.
As per the C/T the suit is withdrawn as against the other defendant as defendant no.1 to 4 and 6 to 50.
Consent Terms and Undertaking mentioned therein are accepted and suit is disposed off in terms of Consent Terms between the parties as per below Exh-5.
Connected N.M. 890 of 17 and Ch/Su if any also disposed off accordingly.
No order as to costs.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 05-01-2021
