Date: 31-08-2019
Business: PW-1 absent. Advocate Bharat Punekar for Plaintiff present and filed registered Notice of Motion no.3191/2019 with affidavit in support, t.o.r. Plaintiffs advocate submitted that pw1 is suffering from viral infection hence he is unable to attend the court today. As cross-examination of PW1 is partly recorded it was expected that Plaintiff should have offered himself today for further cross-examination. No medical certificate is filed to show that PW1 is suffering from illness, hence if PW1 will not offer himself on next date for his cross-examination, court will be compelled to pass strict order against PW-1.
Defendant no.4 present and submitted that his advocate is on the way to the Court.
K.B. for reply to NM no.3191/19.
L.O. at 11.40 a.m.
Advocate Bharat Punekar for Plaintiff
Advocate D\''souza for Defendants submitted that on next date he will file reply to NM no.3191/19. Considering submissions adjourned.
Case is adjourned to 11/09/2019 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Business: Advocate Punekar for Plaintiff present
Advocate D\''souza for Defendant present and filed NM reply, t.o.r. Copy of reply served by advocate for Defendant upon advocate for Plaintiff.
As deposed by PW1 on 19/08/2019 Plaintiff has admitted that he is having license of 1971 to show that he is running flour mill in suit premises and on same date Plaintiff\''s advocate has filed said license along with list Exh.19. The Shop and Establishment license being public document is marked as Exh.20.
PW-1 resumed on S.A.
Cross-examination of PW-1 is partly recorded by advocate for Defendant.
Case is adjourned to 21/09/2019 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-09-2019
Date: 21-09-2019
Business: Advocate Punekar for Plaintiff present and submitted that witness is on the way hence matter may be kept back.
Advocate D\\\''souza for Defendant present
K.B. L.O.
PW-1 resumed on S.A.
Cross-examination of PW-1 is partly recorded by advocate Mr. D\\\''souza.
Advocate Mr. D\\\''souza submitted that he will record further cross-examination of PW-1 on next date as he has to peruse papers of the matters. Considering submissions cross-examination deferred till next date.
Case is adjourned to 27/09/2019 for further cross-examination.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: Adv. Punekar present for Plaintiff.
Adv. D\''souza present for Defendant.
PW-1 resumed on S.A.
Cross examination of PW-1 is completed by advocate Mr. D\''souza for Defendant.
Plaintiffs advocate submitted that he will evidence closure pursis on behalf of Plaintiff and he will file affidavit of rejoinder to the reply filed by Defendant in Notice of Motion no.3191/19.
L.O.
Advocate for Plaintiff filed-
Evidence closure pursis on behalf of Plaintiff, t.o.r. O-Filed.
Affidavit in rejoinder to reply filed by Defendant in Notice of Motion no.3191/19, t.o.r.
Case is adjourned to 07/10/2019 for Defendant\''s evidence and for hearing of Notice of Motion no.3191/19.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Reason For Adjournment: court time is over
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-10-2019
Date: 07-10-2019
Reason For Adjournment: court time is over
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Advocate Thakre for Plaintiff present and submitted that advocate Mr. Punekar who is representing Plaintiff and who is trying the suit is unable to attend the court today due to illness of his wife. Advocate for Plaintiff is directed to file adjmt application on record.
Defendant present. His advocate absent.
Considering the ground of illness of better half of Plaintiff\''s lawyer adjmt application will be granted by the court.
K.B.
L.O.
Advocate Thakre for Plaintiff filed adjmt application, t.o.r. O-Allowed.
Case is adjourned to 17/10/2019 for R/E.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Advocate Punekar for Plaintiff present
None present for Defendant.
L.O.
Advocate D\''souza for Defendant present.
Case is adjourned along with suit no.705/17 to 07/11/2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: Plaintiff present.
Advocate D\''souza for Defendant present
Both submitted that Plaintiff\''s advocate has informed that due to illness of wife of Plaintiff\''s advocate he is unable to attend the Court. Considering submissions, matter is adjourned for filing evidence closure pursis by Plaintiff because Plaintiff has submitted that he is cross examined and he does not intend to examine any more witness, however Plaintiff will have to decide to file evidence closure pursis by seeking legal advice from his advocate.
Case is adjourned to 14/11/2019 for evidence of Plaintiff/filing evidence closure pursis by Plaintiff.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Court is on leave.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-11-2019
Date: 14-11-2019
Business: Court is on leave.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-11-2019
Date: 18-11-2019
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Court is on leave.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Advocate Mr. Punekar for Plaintiff present
Advocate Mr. D\''Souza for Defendant present
Application for extension of time for disposal of this suit @ suit no.705/17 is sent to Hon\''ble High Court.
Case is adjourned along with suit no.705/17 to 12/12/2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Adv. Shri. Bharat Punekar present for Plaintiff.
Advocate Shri.D\\\''Souza present for Defendant.
Order on NM No. 3191/2019
This NM is taken out by Plaintiff for withdrawal of the amount deposited by Defendant before Court receiver, High Court Mumbai. In view of the order passed by Hon\\\''ble High Court in AO No. 223/2015 on 20/11/2017 along with order dated. 05/11/2014 passed by city civil court in NM No. 3805/2011 filed in this suit. Plaintiff has also prayed for enhancement of the royalty amount from Rs. 14,000/- to 25,000/- per month. Plaintiff has fled his detailed affidavit in support NM. Defendant Rajesh Kharwar has filed his detailed affidavit reply. I have consideration to the contentions raised in those affidavits. I have heard advocate Mr. Punekar for Plaintiff and Adv. Mr D\\\''souza for Defendant. In view of Order dated 20/11/2017 passed by Hon\\\''ble High Court in appeal from Order No. 223/2015, it becomes clear that Hon\\\''ble High Court is pleased to allow Plaintiff to withdraw the royalty amount deposited with court receiver and Hon\\\''ble high court is pleased to direct Plaintiff to move this court for that purpose. In view of order passed by Hon\\\''ble high court, I find that Prayer clause(a) from NM can be allowed and Defendant\\\''s Advocate Mr. D\\\''souza also submitted that for compliance order of Hon\\\''ble High court, said prayer can be allowed. However, In respect of enhancement of royalty amount I am of the opinion that the suit is at Flag end and the aspect of enhancement royalty can be considered can be decided on merits by taking into consideration total evidence adduced by the parties and for that purpose liberty can be granted to Plaintiff for filling fresh NM after filling evidence closure pursis by parties in the matter and said NM can be heard along with final arguments of th suit. Hence, I proceed to pass following order.
ORDER
NM No. 3191/2019 is made absolute in terms of prayer clause(a) of NM with liberty to Plaintiff to file fresh NM in respect of prayer clause(b) for the reasons given by me in this order. This suit is adjourned connected with suit no. 705/17.
Case is adjourned to 09/01/2020 for further cross examination.
Nature Of Disposal: ALLOWED
Disposal Date: 12-12-2019
