Date: 07-09-2019
Business: Matter called out(4.20pm)
Adv.Tushar Jadhav a/w S.S.Redekar for plaintiff present. Adv.P.R. Rajkumar for defendant present.
P.Radhakrishnan president present.
Venu Raghavan general secretory present.
P.K.Sadhasivan present.
Raji M.C. secretory present.
Plaintiff filed N/M praying for stay of election scheduled to be on 08.09.2019. It is submitted by the plaintiff that the tenure of the earlier managing committee was expired on 26.03.2019 and as per the constitution of the trust the committee has to take fresh election within 3 months after the expiry of the term of the earlier committee.
The plaintiff submitted that on 22.08.2019 the notice of 24th Annual General body meeting is issued out of which one of the agenda is election of new committee. As per contention of the plaintiff the proposed election are not legal. Hence, the election needs to be stayed.
Per contra defendant apposed the notice of motion. Its contended by the defendant that the plaintiff are aware about the fact of annual general meeting much prior to filing of the present suit. The plaintiff approach charity commissioner by filing complaint. The plaintiff themselves participated in the election process by filing nomination form. Hence, now at be lated stage they can not challenge the election process.
Heard both the side on interim relief, perused N/M and pleadings of the plaint. It is not in dispute that the earlier committee term is expired on 26.03.2019 and the election is not taken within 3 months. The election is schedule on 08.09.2019 of which notices are already serve to the members. Thus, in my view instead of granting stay to the entire election proceeding, the result of the election needs to be stayed and that will be subject to the result of the notice of motion. The aforesaid order is passed in open court, in presence of advocate of the both the parties. Parties to act on authenticate copy.
On request of advocate for defendant. Matter adj to 09/10/19 for reply.
Later on.
Adv.Tushar Jadhav a/w S.S.Redekar for plaintiff present tendered registered N/M No.3344/19
Next Purpose: REPLY
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Matter called out(4.01pm)
Adv.S.S.Redekar for plaintiff present.
Adv.P.R. Rajkumar for defendant present seeking time to file written statement. Time granted.
Matter is adj to 13/11/19 for written statement.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: P. O. is on Leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Matter is called out at 2.50pm
Plaintiff and his advocate absent.
(Exh-1)Plaint
(Exh-2)Vakalatnama (Exh-3)Memorandumof register address.
(Exh-4)List of documents.
Adv.P.R.Rajkumar for defendants present file written statement.(Exh-5) T.O.R subject to the limitation.
Matter is adj to 04/03/2020 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Matter is called out at 3.00pm
Adv.S.S.Redekar for plaintiff present.
Adv.P.R.Rajkumar for defendant present.
Adv.for defendant tendered draft Notice of Motion alongwith affidavit.O-Leave is granted to register the Notice of Motion.
Copy served to the other side.
Draft N/M handed-over to the defendant advocate for registration.
Matter is adj to 28/04/2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Business: Due to Covid-19 None present Adj to 21.08.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-09-2020
Date: 07-09-2020
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.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-10-2020
Date: 28-10-2020
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.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2021
Date: 30-01-2021
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.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv. S. S. Redekar for plaintiff present.
Adv. P. R. Rajkumar for defendants present.
On oral request of Ld. Adv. for plaintiff matter is adjourned.
Defendant is directed to register the draft NM before next date.
Adjd to 06.04.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Court is on leave, hence, matter is adjd
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: Plaintiff present.
Adv. S. S. Redekar for plaintiff present.
Adv. for defendant present.
Adv. for defendant filed registered NM No. 408/2021. t.o.r.
Adv. for plaintiff filed reply to NM No. 408/2021. t.o.r.
Adjd for NM hearing to 01/10/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: Adv. S. S. Redekar for plaintiff present.
Adv. P. R. Rajkumar For defendant present.
Adv. For defendant filed written submissions. t.o.r.
Court is busy in hearing part heard final arguments in suit No. 3658/09. hence adjourned.
Adjd for NM hearing to 25/10/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Dt.25/10/2021
Suit 2421/19
NM 408/21
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
Adv. Tushar Jadav along with Adv. S. S. Redekar for plaintiff present and prayed for adjournment.
Adv. for deft. is present.
Adjd for NM hearing to 29-11-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: At 2.55 pm
Adv. Tushar Jadhav along with Adv. S. S. Redekar For plaintiff present.
Adv. Mr. P. R. Rajkumar For defendants present.
Heard arguments of Adv. Mr. Tushar Jadhav for plaintiff and Adv. Mr. Rajkumar for both the NM Nos 3344/19 and 408/21.
Adjd for NM orders to 08/12/2021
Next Purpose: NM ORDERS
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv. S. S. Redekar for plaintiff present.
Adv. Rajkumar for defendant present.
F.R.S.R. following common order is passed in NM No. 3344/2019 along with NM No. 408/2021 in S.C. Suit No. 2421 OF 2019
ORDER
1. The Notice of Motion No. 3344 of 2019 is rejected.
2. As Notice of Motion No. 3344 of 2019 is rejected and in view of specific ad-interim order passed on 07.09.2019, the Notice of Motion No. 408/2021 is disposed of.
3. No order as to costs.
4. Accordingly, NM No. 3344 of 2019 is disposed of.
Nature Of Disposal: DISMISSED
Disposal Date: 08-12-2021
