Date: 22-11-2019
Business: Adv. Pande for plaintiff present, he tendered registered NM 4297/19 along with affidavit in support..
Adv.Pooja Narvekar for defendant 1 and 2 present.
Adv.Mangal Kadam for defendant No.4 present.
Adv.Ms.Chandramore for BMC/deft/No.5 and 6 Present.
Matter adjd for ad-interim hearing to 26.11.2019.
Next Purpose: HEARING
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: Adv.Charturvedi I/b adv. A.A.Pandey for plaintiff present, he tendered affidavit of service on defendant No.3 is not duly served.
Adv.Neha Pandey for defendant No.1 and 2 is present.
Adv.Satamkar h/f Adv. Mangal Kadam for defendant No.4 is present.
Adv.Ms.Chandramore for BMC/deft/No.5 and 6 is Present.
Heard argument of advocate of plaintiff and defendant No. 5 and 6.
On request of advocate of defendant No. 1 and 2 matter is adjd for 27.11.2019. at 2.45pm
Next Purpose: HEARING
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Adv.A.A.Pandey for plaintiff present.
Adv.Ashok Sarogi for defendant No.1 and 2 is present.
Heard argument of advocate of plaintiff and defendant.
order
1.By this notice of motion, plaintiff has prayed for residential premises admeasuring 325 Sq. Ft. Carpet area on the front side of Flat No.1 on the 1st Floor in the newly constructed building approved/certified by MHADA/MCGM and for appointment of Court Receiver, High Court, Bombay in respect of said premises and for the restraining the defendants, their agents, servants from dealing with, disposing or creating any third party interest in the said property for depositing the arrears of rent as per Exh-O annexed to the plaint and for restraining defendants from carrying out any further construction on the suit property.
2.Heard learned Advocate for plaintiff and defendant Nos.1 and 2. Perused the plaint and reply filed by Advocate of defendant Nos.1 and 2 alongwith documents submitted by both the sides.Learned Advocate for defendant Nos.1 and 2 submitted that developer has not given possession to any of the tenant in the constructed building and as per page No.58 of the plaint i.e.letter addressed by defendant No.1 in respect of the complaint against him by the tenant uilding situated at 42-48 Underia Street, Chowky ohalla, Mumbai, Flat Nos.101, 201, 301, 401 and 601 will not be alloted to any person till the disposal of suit. In view of the submissions made on behalf of Advocate of plaintiff and defendant Nos.1 and 2, I am of the opinion that at this stage plaintiff is entitled for relief as mentioned in para c of notice of motion to the extent of flat Nos. 101, 201, 301, 401 and 601.If the relief as sought in para a of the notice of motion is granted at this stage, it will amount to grant of final relief in the suit. Hence, I pass following order.
ORDER
1)Ad-interim relief in respect of of prayer clause c is granted to the extent of flat Nos. 101, 201, 301, 401 and 601 in the constructed building.
2)Plaintiff to comply O-XXXIX, Rule-3 of Code of Civil Procedure.
3)Authenticated copy of Roznama be provided to the plaintiff and defendant Nos.1 and 2. Matter adj for compliance to 13.01.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Adv.Pooja Pandey for Plaintiff is present.
Adv. Pooja Narvekar for defendant no.1 and 2 is present she filed reply to contempt draft N/M .T.O.R
Copy served to the plaintiff advocate.
Matter is adjd. for N/M reply to 05/02/2020 .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Court is busy in hearing of suit no. 2932/2019, 2933/2019, 2934/2019, 2714/2019, 2715/2019, 2726/2019, 2727/2019, 2728/2019 and 3143/2019 and dictating judgment in Suit no.750/2018. Hence, board is discharged.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjd. for N/M reply to 09/03/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Adv. A. A. Pandey for the Plaintiff present and he tendered registered N/M no 323/2020 alongwith affidavit in support. t.o.r.
Adv. Ms. Mangal Kadam for Defendant nos. 4 and 5 present.
Adv. Ms. Pooja Narvekar for Defendant nos. 1 and 2 present.
Matter is adjd. to 28.03.2020 for N/M hearing at 11.00a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2020
Date: 28-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: None present for plaintiff.
None present for defendant.
Matter is adjd. to 01.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv. Mr. Anand Pandey for the plaintiff.
Adv. Ravindra Singh for the defendants No.1 and 2.
Adv. Mangal Kadam for the defendants No.4 and 5.
KB
L.O.
Heard ld. advocate for the plaintiff and defendants No.4 and 5.
On the request of the ld. advocate for the defendants No.1 and 2, matter is adjd. to 02/03/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv. Anand Pandey for the plaintiff
Adv. Sarogi for the defendants No.1 and 2.
Adv. Mangal Kadam for the defendants No.4 and 5.
Heard ld. advocate for the defendants No.1 and 2.
Matter is adj. to 03/03/2021 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv. Anand Pandey for the plaintiff
Adv. Sarogi for the defendants No.1 and 2.
Adv. Mangal Kadam for the defendants No.4 and 5.
F R S R following order is passed:
O R D E R
1. Notice of Motion No.4297 of 2019 is dismissed.
2. Costs shall costs in the cause.
3. Notice of Motion No.4297 of 2019 is accordingly disposed of.
Matter is adj. to 28/04/2021 for discover and inspection.
Next Purpose: FOR___________________
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: due to covid-19
Next Purpose: FOR___________________
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: Due to COVID-19
Next Purpose: FOR___________________
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: None for plaintiff.
Adv. Ms. Pooja Narvekar for defendants No.1 and 2 present.
Adv. Mangal Kadam for defendants No.4 and 5 present.
Matter is adjd. to 11/10/2021.
Next Purpose: FOR___________________
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: None for plaintiff.
Adv. Ridhi Seth for the defendant No.1 present.
Matter is adjd. to 05/01/2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Court is on Leave.
Next Purpose: REPLY
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Court is on half day leave
Next Purpose: REPLY
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Plaintiff and his advocate absent.
Adv.Mangal Kadam for defendant nos. 4 and 5/MHADA present and she submitted that plaintiff and his advocate absent since long. No prayer made against MHADA hence she not file WS. Suit may be kept for dismissal order.
Plaintiff is not made compliance against defendant no. 6.
Plaintiff absent for compliance and taking necessary action hence matter kept for dismissal order.
Matter is adjd. to 14-07-2022 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Adv. Rajnish Dubey for plaintiff present.
Adv. Pooja Narvekar for defendant no. 1 and 2 present.
Adv.Mangal Kadam for defendant no. 4 and 5/MHADA present.
Plaintiff adv. submitted that NM 323/20 is pending for reply. Only deft.no. 1 and 2 filed reply. The Deft.no. 4 and 5 is not going to file reply, Hence no reply against them. The deft.no. 3 and 6 also not filed their reply after giving sufficient opportunities to file reply, but failed to file reply. Hence matter is fixed for filing reply to next date.
Matter is adjd. to 10.08.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Adv. Rajnish Dubey for plaintiff present.
Adv. Neha Pande for defendant no. 1 and 2 present.
Adv. Mangal Kadam for defendant no. 4 and 5 /MHADA present.
Deft. No. 3 and 6 failed to file their reply, hence NM No. 323/20 is proceed without reply.
Matter is adjd. to 30.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Adv. Shobet Shukla for plaintiff present.
Adv. Saraogi present for defendant 1 and 2.
Adv.Mangal Kadam for defendant No.4 and 5/MHADA present.
Heard the Defts. Adv. Saraogi on NM No. 323/20.
Matter is adjd. to 17.10.2022 for plaintiff argument on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: Adv. A. A. Pandey present for plaintiff.
Adv. Mangal Kadam for defendant No.5/MHADA present.
Adv. Sana Khan present for defendant no. 1 and 2
Heard the argument of defts. Hence, Matter is adjd. to 23.11.2022 for NM HEARING of Plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv. Deepanjali Mishra for plaintiff present and seeking time for argument as her senior advocate is engaged in High Court. Time granted.
Adv. Pooja Narvekar for defendant nos. 1 and 2 present.
Matter is adjd. to 13.12.2022 for NM hearing of Plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: Adv. Sana Khan for plaintiff present.
None present for defendant.
Matter is adjourned to 13.01.2023 for NM hearing of plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: As Court is busy in dictating orders in draft NM in Suit No. 1552/21 and in Suit No. 1688/10 hence, the board is discharged.
Matter is adjourned to 15.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: Adv. Deepanjali Mishra for plaintiff present and seeking time for Notice of Motion hearing as her senior Advocate is not available. Time granted.
Adv. Pooja Narverkar for defendant nos. 1 and 2 present.
Adv. Mangal Kadam for defendant no. 4 and 5/MHADA present.
Matter is adjourned to 30.03.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: Adv. Anand A. Pande for plaintiff present.
Adv. Pooja Narvekar for defendant Nos. 1 and 2 present.
Adv. Mangal Kadam for defendant/MHADA present.
Matter is adjourned to 20.06.2023 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: None present for the plaintiff.
Adv. Ms. Narvekar for defendant Nos. 1 and 2 is present.
Adv. Ms. Mangal Kadam for defendant Nos. 4 and 5/MHADA is present.
LO at 04:25 pm.
Adv. Ms. Deepanjali Mishra h/f Adv. Pande for the plaintiff is present.
Adjourned for NM hearing to 21.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: By Praecipe matter is taken on today\''s board.
Adv. Mr. Gaurav Pande h/f Adv. Anand Pande for the plaintiff is present.
Adv. Ms. Pooja Narvekar for defendant Nos. 1 and 2 is present.
Adv. Ms. Mangal Kadam for defendant Nos. 4 and 5 /MHADA is present.
Advocate for the plaintiff filed pursis for withdrawal of suit by submitting that plaintiff doesn’t want to proceed with the matter. TOR. It is marked at Exh. 06. O- Filed.
Order below exhibit No. 01:
Today, advocate for the plaintiff filed pursis thereby, submitting that the dispute is settled among the parties. Therefore, plaintiff be permitted to withdraw the suit. It is submitted by ld. advocate that plaintiff and defendants have settled the matter before the Hon’ble High Court and consent terms are tendered before the Hon’ble High Court. Copy of Order of Hon’ble High Court in WP NO. 821/2022 along-with copy of consent terms entered into between plaintiff and defendant Nos. 1 and 2 is filed on record. Plaintiff is withdrawing suit unconditionally against other defendants.
Plaintiff is also present. He also submits that he wants to withdraw the suit. Ld. advocate for defendant Nos. 1 and 2 and defendant Nos. 4 and 5/MHADA have no objection for the same. Hence, permission granted accordingly to withdraw the suit. In the result, following Order is passed:
ORDER
LC SU No. 2593/2019 is hereby, disposed of as withdrawn. All the pending applications, including NM No. 323/2020 are also disposed of. The proceeding stands closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 11-07-2023
