Date: 17-09-2019
Business: Matter called out(3.36pm)
Plaintiff and his advocate absent.
Adv.V.T.Dubey for defendant present.
Matter is adj for reply on N/M on 05/11/19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Matter called out(3.50pm)
Matter called out(3.50pm)
Adv.Asit Singh for plaintiff present.
Adv.V.T.Dubey for defendant present.
At the request of plaintiff.
Matter is adj to 02/01/2020 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-01-2020
Date: 02-01-2020
Business: Matter is called out at 3.36pm
Adv.Asit Singh for plaintiff present seeking time to file reply. Time granted.
Adv.Rashid Ansari h/f V.T.Dubey for defendant present.
Matter is adj to 14/02/2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Matter is called out at 3.10pm
Plaintiff and his advocate absent.
Adv.Rashid Ansari h/f V.T.Dubey for defendant present.
Reply to N/M No.3317/19 not file by plaintiff.
Matter is adj to 04/04/2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Business: Due to Covid-19 None present Adj to 20.08.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Business: National Lock-down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
Adjd to 07-11-2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Adjd to 26.01.2021 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-01-2021
Date: 26-01-2021
Business: wrongly on board.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Adjd to 30.03.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: None for plff.
Adv. Dubey for deft present.
In view of office order No. 64/2021 dtd. 29.03.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 26.03.2021 issued by Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the plff.
Adjd to 06-07-2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for NM reply to 26/08/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv. Asit Singh for plaintiff present and seeking time to file reply to NM filed by defendant.
Granted as last chance failing which NM will be decided without reply of plaintiff.
Adjd for NM reply/NM hearing to 12/11/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Dt.12/11/2021
Suit 2096/17
NM 3317/19
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
None present when called at 3.48 pm
Adjd for NM hearing to 17/01/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: At 2.50 pm
Adv. Asit Singh for plaintiff present.
Adv. For defendant present.
Adjd for NM hearing to 21/06/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Adv. Asit Singh for plaintiff present.
None for defendant.
Matter is adjd.to 18/08/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Amin Patel for plaintiff present and prayed for adjournment due to non availability of Adv. Asit Singh.
Adv. V. T. Dubey for defendant present and submitted that NM No. 3308/19 is taken out by the defendant. He further submitted that the plaintiff is not arguing in NM which is pending since 2019.
Considering limited aspect of delay con-donation and filing written statement by setting aside ex parte order is prayed in NM. Both sides are arguing the matter on the next date of hearing.
Matter is adjd.to 22-09-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: Adv. Asit Singh a/w CA of plaintiff namely Sanjay Modak present.
Adv. V. T. Dubey a/w defendants no. 1 and 2 present.
Both sides filed consent terms t.o.r. marked as Exh.5
Order below Exh.5
Exh.5 is Consent Terms filed by the CA of the plaintiff and the defendant. The plaintiff has agreed to refund earnest money to the defendants as per clause 15 in consent terms. Receipt is also annexed with consent terms in respect of part payment made to the defendants. There are also several clauses in consent terms Exh.5. Both sides have admitted their signature on consent terms Exh. 5 with contents therein and they are identified by their respective advocates. As both sides are voluntarily compromising the matter and they are represented by their advocates, settlement does not appear to be out come of any pressure or factor affecting to its legality. Considering all these aspects, I pass the following order -
- ORDER -
1. Suit No. 2096/2017 is decreed in terms of Consent Terms (Exh.5).
2. Parties shall bear their own cost.
3. Court fees shall be refunded to the plaintiff as per rules and refund certificate be issued accordingly.
4. Consent Terms (Exh.5) shall form part and parcel of the Compromise Decree.
5. Compromise decree be drawn up accordingly.
6. Notice of Motion No. 3317/2019 is disposed off having become infructuous due to disposal of the main matter.
Nature Of Disposal: OTHER
Disposal Date: 30-01-2023
