Date: 18-09-2019
Business: Court is busy in hearing arguments in High Court time bound case NDPS SPL 54/14. Hence, board is discharged.
Matter stands Adj for filing say to 16.10.19.
Next Purpose: FILING SAY
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Plaintiff present and advocate absent.
Defendant present and advocate absent.
Adv. Wasim Khan for applicant in CS 1677/19 and 1678/19 present and filed original CS no. 1677/19 and 1678/19 along with affidavit.
Adv. Vinayak Sawant for applicant in CS no. 1648/19 present and filed original CS no. 1648/19 along with affidavit.
Shri. Niranjan Chavan, representative of Court Receiver present and filed report.
Site Report filed by Court Receiver. R and R.
Keep back
Later on at 5.20 pm
Heard Adv. Wasim Khan on CS no. 1677/19 and 1678/19.
Plaintiff and defendant have given no objection to pass appropriate order on CS no. 1677/19 and 1678/19.
Application filed by the ld. counsel applicant in CS no. 1678/19 for correction of typing error in prayer clause (a) in CS. no. 1678/19. Heard. Application is allowed to carry out the correction in CS no.1678/19 immediately.
Accordingly ld. counsel carried out correction under his signature/initial.
Matter stands Adj for order on CS no. 1677/19 and 1678/19 to 06.11.19 and adj for compliance to 29.11.19.
Next Purpose: ORDER
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Adv. Wasim Khan for applicant present.
None present for plaintiff and defendant.
Heard Adv. Wasim Khan on CS no. 1677/19 and 1678/19 on behalf of Mr. Javed Ahmed Siddiqui, the applicant/ third party.
He submitted that in CS no. 1677/19 the TP/ applicant is seeking a directions to the Court Receiver, High Court Bombay to transfer the rent receipt of Shop no. 4, 5 and 6, Murgiwal Chawl , 12th Kamatipura Lane, Mumbai-400008 in the name of the applicant by making necessary change in his record and accept rent of Rs. 161 per shop as per rent receipt No. 53 dated 06.11.2011 along with arrears of rent and permitted increase, if any.
The Ld. counsel for applicant/ TP further submitted that CS no. 1678/19 he has prayed for similar reliefs by seeking directions to the Court Receiver, High Court Bombay to transfer the rent receipt of Room no. 35, Marwadi Chawl, 10th Lane, Kamatipura, Mumbai-400008 in the name of the applicant by making necessary change in his record and accept rent of Rs. 246 as per rent receipt No. 16, book no. 748 dated 18.10.2011 along with arrears of rent and permitted increase, if any.
I have perused the CS no. 1677/19 and 1678/19 supported by respective affidavit filed by the applicant/TP. Ld. counsel for plaintiff and defendants have no objection to allow the above Chamber Summons. I have also find that the submissions made in the affidavits supporting the CS are substantiated by documents on record. Hence, I have no hesitation to allow the CS in the interest of justice.
Hence, the following order is passed on CS no. 1677/19 and 1678/19-
ORDER BELOW CS NO. 1677/19
1. CS no. 1677/19 is hereby allowed.
2. The Court Receiver, High Court Bombay is directed to transfer the rent receipt of Shop no. 4, 5 and 6, Murgiwal Chawl , 12th Kamatipura Lane, Mumbai-400008 in the name of Mr. Javed Ahmed Siddiqui, applicant/TP by making necessary changes in his record and accept rent of Rs. 161 per shop as per rent receipt No. 53 dated 06.11.2011 or the applicable rent along with arrears of rent and permitted increase, if any.
3. CS is disposed of accordingly.
ORDER BELOW ON CS NO. 1678/19
1. CS no. 1678/19 is hereby allowed.
2. The Court Receiver, High Court Bombay is directed to transfer the rent receipt of Room no. 35, Marwadi Chawl, 10th Lane, Kamatipura, Mumbai-400008 in the name of the applicant by making necessary change in his record and accept rent of Rs. 246 as per rent receipt No. 16, book no. 748 dated 18.10.2011 or the applicable rent along with arrears of rent and permitted increase, if any.
3. CS is disposed of accordingly.
Sheristedar to provide the authenticated copy of today\''s roznama to the Ld. counsel for applicant/ third party for information and communicating the same to the Court Receiver for compliance on his part.
Nature Of Disposal: ALLOWED
Disposal Date: 06-11-2019