Date: 26-09-2019
Business: Adv. Chandani for plaintiff present and filed original NM no. 3461/19 along affidavit.
Adv. Munim for defendant no. 1 present.
Adv. Panchal for defendant no. 2, 4, 8 and 9 present.
By consent, Matter stands Adj for reply to NM to 14.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv. Chandnani for plaintiff present.
Adv. Navlani for defendant present and seeks time to file reply. Time granted.
Matter stands Adj for reply to NM on 13.12.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Adv. Sapana Nath for plaintiff present.
Adv. Navlani for defendant no. 1 present and filed reply to NM no. 3461/19. Copy of reply to NM served on other side.
Mrs. N. D. Walanju, representative of Court receiver present.
Heard both the sides on NM no. 3461/19. The representative of the Court Receiver is also present and submitted a copy of letter dated 15.10.2019 given by Mr. Chandrakant Pawar, who was acting as Rent Collector. He has informed that he is no more interested to continue as Rent Collector.
Ld. counsel for defendant no. 1 submitted that he is contesting the motion taken out by the plaintiff. But, so far as prayer clause (b) and (c) are concern, he has no objection to pass appropriate orders for modification and appointment of rent collector as prayed in the motion. Ld. counsel for plaintiff submitted that in view of the above facts and circumstances, necessary orders may be passed.
After considering the submissions made by both sides, I find that certain modifications in terms of the order passed by this court in NM no. 3476/16 dated 25.11.2016 are necessary. Hence, the motion can be allowed as per following orders.
Order
1. NM 3461/19 is hereby allowed by condoning the delay.
2. The prayer clause (b) and (c) are also allowed and Rent Collector Mr. Chandrakant Pawar is discharged.
3. The Court Receiver is directed to depute any competent person on the panel to be the rent collector in place of Mr. Chandrakant Pawar.
4. The order in NM no. 3476/16 dated 25.11.2016 stands modified accordingly.
NM is disposed of accordingly.
Sheristedar is directed to provide copy of today\''s roznama to both sides and Court Receiver for information and compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 23-01-2020