Date: 01-10-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: Advocate Mr. Vijaykumar Dighe for Plaintiff present and filed an application for injunction, t.o.r. O-Other side to say. It is made clear that this application will not be maintainable because for claiming injunction, Plaintiff will have to take out Notice of Motion.
Advocate Mr. R. S. Khatib for Defendant/State in Chamber Summons no.1688/19 present.
L.O.
Advocate for Plaintiff filed an application for withdrawal of suit t.o.r. and submitted that Plaintiff no.1 is suffering from illness and Plaintiff no.4 is having power of attorney executed by Plaintiff no.1 in favour of Plaintiff no.4 and she is also power of attorney holder of Plaintiff nos.2 and 3. She will bring documents of power of attorney tomorrow and hence the verification of withdrawal pursis may be recorded tomorrow.
Considering submissions, date is preponed to 11/12/2019 at 11.00 a.m.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Advocate Mr. VijayKumar Dighe for Plaintiff present and filed an application for production of power of attorney document executed by Plaintiff nos.2 and 3 in favour of Plaintiff no.4. Plaintiffs advocate has also filed authority given by Plaintiff no.1 in favour of Plaintiff no.4 authorizing her to withdraw suit on behalf of Plaintiffs. Authority letter and copies of power of attorney be annexed and be kept with withdrawal pursis Exh.4.
Advocate Mr. Khatib for respondent no.1,3 and 4 in Chamber Summons no.1688/19 present.
Advocate Mr. Khatib for respondent no.1,3 and 4 in Chamber Summons no.1688/19 filed say giving no objection for withdrawal of the suit.
ORDER BELOW WITHDRAWAL PURSIS EXH.4
Plaintiff no.4 present for herself and Plaintiff no.1 to 3, who have empowered her to withdraw the suit. Plaintiff\''s advocate present. In application Exh.3 Plaintiff no.4 has contended that Plaintiffs are intending to seek relief against BMC and Chamber Summons to that effect is already filed in the matter. However, when this court has pointed out that this court is specially established for senior citizens and separate courts are functioning for entertaining suits against BMC, MMRDA, State, etc. Plaintiff no.4 has filed withdrawal pursis and submitted that she is intending to withdraw this suit on behalf of all Plaintiffs with liberty to file fresh suit on same cause of action and subsequent events. As such withdrawal pursis Exh.4 verified.
ORDER BELOW EXH.1
1. Suit stands disposed off as withdrawn with liberty to Plaintiff to file fresh suits.
2. Chamber Summons no.1688/19 and application Exh.3 stands disposed off accordingly.
Parties to act upon authenticated copy of this Roznama.
Nature Of Disposal: WITHDRAWL
Disposal Date: 11-12-2019