Date: 24-09-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Applicant no.1 Kalpana Vasant Shah present and filed application on behalf of applicants of Chamber Summons no.1725/19 for withdrawal of Chamber Summons no.1725/19. All Applicants are directed that they should remain present before the court so that court can verify the fact that whether all applicants are intending to withdraw Chamber Summons or not. Applicant no.1 Kalpana is directed to serve copy of withdrawal application upon advocate Ranjanadevi Nikam because applicants are intending to withdraw the Chamber Summons without no objection/consent of advocate Ms. Ranjanadvi Nikam who has filed Chamber Summons.
Advocate Ms. Rajanadevi Nikam filed affidavit of service of Chamber Summons upon Plaintiff Sushma builders, t.o.r.
None present for Defendant.
Case is adjourned to 15/01/2020 for compliance by applicant.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Advocate Mr. Ketan Parekh for Plaintiff present
Advocate Mr. Ashish Mishra for Defendant no.2,3,4 to 6, 9,13 and 15 present
Advocate Mr. Piyush Singh for Defendant no.16 present
Advocate Ms. Uma Shetty for all applicants except applicant nos.2, 3,7,8,9,11,17 and 18 present and she is intending to file reply to the withdrawal application filed by applicant no.2 of Chamber Summons no.1725/19.
Applicant no.2 in Chamber Summons no.1725/19 served copy of withdrawal application of Chamber Summons filed by her in the Court upon Plaintiffs advocate.
Applicant no. 2, 3,7,8,9,11,17 and 18 present and submitted that they are intending to withdraw Chamber Summons no.1725/19. Those applicants are directed to file withdrawal pursis.
K.B.
L.O. at 5.15 p.m.
Applicant no. 2, 3,7,8,9,11,17 and 18 in Chamber Summons no.1725/19 filed withdrawal pursis for said Chamber Summons for them, t.o.r. and marked as Exh.12. Self attested copies of Adhar card, PAN card, etc are also annexed with said withdrawal pursis for the purpose of identification of those applicants. Advocate Ms. Uma Shetty has filed her submissions on withdrawal pursis. As Applicant no.2, 3,7,8,9,11,17 and 18 are intending to withdraw Chamber Summons no.1725/19, they are permitted to withdraw the Chamber Summons on their behalf and their names will be deleted from applicant\''s column of said Chamber Summons. In view of withdrawal pursis Exh.12, Chamber Summons no.1725/19 stands disposed off as withdrawn for applicant nos. 2,3,7,8,9,11,17 and 18.
Case is adjourned to 09/04/2020 for Chamber Summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: C/S HEARING
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: C/S HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
Next Purpose: C/S HEARING
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: C/S HEARING
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Business: Mentioned by Praecipe NOB TOB
Adv. Mr. P. D. Gandhi for plaintiff and tendered draft N/M along with affidavit. Leave is granted to register the N/M. Copy served to other side.
Adv. Mr. Aashish Mishra for defendants no. 2, 3, 9 to 11, 13 present.
None for other defendants
Adjd to 14.10.2020 for N/M reply and hearing on N/M no. 3367 of 17
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Adv. Mr. P. D. Gandhi for plaintiff present
Adv. Mr. Aashish Mishra for defendants no. 2, 3, 9 to 11, 13 present.
Defendants are directed to supply copy of reply to plaintiff well in advance before next date.
Adjd to 02.11.2020 for N/M Reply and Hearing .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-11-2020
Date: 02-11-2020
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: 02-12-2020
Date: 02-12-2020
Business: Adv. P. D. Gandhi for plaintiff present.
Adv. Ashish Mishra for defendant no. 2, 3, 9 to 11, 13 present.
On oral request of both Ld. Advocates matter is adjourned.
Adjd to 11.12.2020 for NM argument of def.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Adv. Hardik Desai for plaintiff present.
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 party.
Adjd to 16.12.2020 for NM argument (PH).
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 16-12-2020
Date: 11-12-2020
Business: Adv. Hardik Desai for plaintiff present.
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 party.
Adjd to 16.12.2020 for NM argument (PH).
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 16-12-2020
Date: 11-12-2020
Business: Adv. Hardik Desai for plaintiff present.
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 party.
Adjd to 16.12.2020 for NM argument (PH).
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Adv. Mr. P.D. Gandhi for plff. present.
Adv. Mr. Ashish Mishra I/b Mr. Sanjeet Shukla for defts. no. 2,3,9 to 11,13 present.
Adv. Mr. Singh for deft no. 16 present.
Rest of the defts are absent.
Heard both sides on N/M. No.1618 of 2020 and 3367/17.
Adjd to 18.12.2020 for hearing.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 18-12-2020
Date: 16-12-2020
Business: Adv. Mr. P.D. Gandhi for plff. present.
Adv. Mr. Ashish Mishra I/b Mr. Sanjeet Shukla for defts. no. 2,3,9 to 11,13 present.
Adv. Mr. Singh for deft no. 16 present.
Rest of the defts are absent.
Heard both sides on N/M. No.1618 of 2020 and 3367/17.
Adjd to 18.12.2020 for hearing.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 18-12-2020
Date: 16-12-2020
Business: Adv. Mr. P.D. Gandhi for plff. present.
Adv. Mr. Ashish Mishra I/b Mr. Sanjeet Shukla for defts. no. 2,3,9 to 11,13 present.
Adv. Mr. Singh for deft no. 16 present.
Rest of the defts are absent.
Heard both sides on N/M. No.1618 of 2020 and 3367/17.
Adjd to 18.12.2020 for hearing.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Adv. P.D. Gandhi for plff. present.
Adv. Ashish Mishra for defts no. 2,3,9 to 11,13 present.
Adv. Mr. Singh for deft no.16 present.
Heard both sides.
Adjd to 21.12.2020 for filing judgment.
Next Purpose: HEARING
Next Hearing Date: 21-12-2020
Date: 18-12-2020
Business: Adv. P.D. Gandhi for plff. present.
Adv. Ashish Mishra for defts no. 2,3,9 to 11,13 present.
Adv. Mr. Singh for deft no.16 present.
Heard both sides.
Adjd to 21.12.2020 for filing judgment.
Next Purpose: HEARING
Next Hearing Date: 21-12-2020
Date: 18-12-2020
Business: Adv. P.D. Gandhi for plff. present.
Adv. Ashish Mishra for defts no. 2,3,9 to 11,13 present.
Adv. Mr. Singh for deft no.16 present.
Heard both sides.
Adjd to 21.12.2020 for filing judgment.
Next Purpose: HEARING
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: The P.O. is on leave. Hence board is discharged.
Next Purpose: HEARING
Next Hearing Date: 08-01-2021
Date: 21-12-2020
Business: The P.O. is on leave. Hence board is discharged.
Next Purpose: HEARING
Next Hearing Date: 08-01-2021
Date: 21-12-2020
Business: The P.O. is on leave. Hence board is discharged.
Next Purpose: HEARING
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: Adv. Hardik Desai for plaintiff present.
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.
Adjd to 13.01.2021 for NM orders.
L.O. at 1.15 p.m. Adv. Ashish Mishra for def. no. 2, 3, 9, 10, 13, 14A and 14B present and tendered citation and written arguments. TOR and marked at Exh. 13.
Adjd to 13.01.2021 for NM orders.
Next Purpose: NM ORDERS
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Adv. Hardik Desai for plaintiff present.
Adv. Rahul Tiwari for def. no. 2, 3, 9, 10, 13, 14A and 14B present.
F.R.S.R. following order on N/M No. 1618/20 is passed -
Order -
1. The Notice of Motion no.1618 of 2020 is partly allowed.
2. Mr. S. N. Redij, Deputy Registrar, City Civil and Sessions Court, Mumbai is appointed as Court Receiver in respect of the Room No.11, Obhan Niwas, N. S. Road, Mulund (W), Mumbai-400 080 with all the powers under Order 40 Rule 1 of the Code of Civil Procedure, including the power to take possession thereof.
3. The Defendants no.2, 3, 9, 10, 11, 13 and 14-A and B are temporarily restrained from demanding any sum on account of rent, municipal taxes, repair charges, maintenance, water, etc., from the tenants of the plaintiff in respect of the property bearing C.T.S. No.930 Obhan Niwas, N. S. Road, Mulund (West), Mumbai-400 080 till final disposal of the suit.
4. The Defendants no. 2, 3, 9, 10, 11, 13 and 14-A and B are temporarily restrained from entering into the suit property as described in Exhibit A to the plaint, i.e. C.T.S. No.930 Obhan Niwas, N. S. Road, Mulund (W), Mumbai-400 080 till final disposal of the suit.
5. In absence of details of amounts prayer clause (d) is rejected.
6. Costs in cause.
Adv. Tiwari for plaintiff filed application for stay of order. O- The NM is decided on merits. Hence rejected.
Adjd to 23.02.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv. Ketan Parekh for plaintiff present.
Adv. M. S. Singh for defendant no. 16 present.
Ld. Adv. for the plaintiff orally submits that Shri. S. N. Redij, Deputy Registrar, City Civil and Sessions Court, Mumbai has retired from service and new Court Receiver be appointed in his place in view of order dtd. 13.01.2021 on NM NO. 1618/2020. Said request is accepted and Shri M. S. Bhosale, Deputy Registrar is appointed as a Court Receiver in place of Shri S. N. Redij (Retd.) with all the powers of Court Receiver as mentioned in the order dtd. 13.01.2021 on NM NO. 1618/2020.
Adjd to 16.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Ketan Parkekh for plff present.
Adv. M. S. Singh for deft no. 16 present.
Court Receiver report is filed. Taken on record and marked as Exh. 15
As per the Court Receivers report, When the Court Receiver visited suit premises nobody was present for defts and therefore possession of suit premises i.e. Room no. 11 was not taken. Ld adv for the plff orally submits that the defts are not cooperating with the court processes and necessary direction given to Court Receiver to break open the lock and take assistance of Local Police, if required.
I have gone through the order dtd. 13.01.2021. on NM no. 1618/2020 whereby the Court Receiver was appointed for Room no. 11 and he was empowered to take possession of the suit premises. The Court Receiver report (Exh.15) shows that he could not take the possession of the suit premises due to none cooperation the defts. Therefore, Court Receiver is directed to take possession of the suit premises be breaking open the lock and he shall take assistance of Local Police Station for the same.
Adjd to 08.04.2021 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 08-04-2021
Date: 16-03-2021
Business: Adv. Ketan Parkekh for plff present.
Adv. M. S. Singh for deft no. 16 present.
Court Receiver report is filed. Taken on record and marked as Exh. 15
As per the Court Receivers report, When the Court Receiver visited suit premises nobody was present for defts and therefore possession of suit premises i.e. Room no. 11 was not taken. Ld adv for the plff orally submits that the defts are not cooperating with the court processes and necessary direction given to Court Receiver to break open the lock and take assistance of Local Police, if required.
I have gone through the order dtd. 13.01.2021. on NM no. 1618/2020 whereby the Court Receiver was appointed for Room no. 11 and he was empowered to take possession of the suit premises. The Court Receiver report (Exh.15) shows that he could not take the possession of the suit premises due to none cooperation the defts. Therefore, Court Receiver is directed to take possession of the suit premises be breaking open the lock and he shall take assistance of Local Police Station for the same.
Adjd to 08.04.2021 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None for plaintiff.
None for defendants.
In view of office order No. 73/2021 dtd. 06.04.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021 restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned owing to absence of the parties.
Adjd. to 24.06.2021 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2021
Date: 08-04-2021
Business: None for plaintiff.
None for defendants.
In view of office order No. 73/2021 dtd. 06.04.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021 restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned owing to absence of the parties.
Adjd. to 24.06.2021 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: At. 11.58 am
None for plaintiff.
Adv. Mr. Singh for defendant No. 16 present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for compliance to 17/09/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Adv. Priyanka Bhanushali For plaintiff present.
Adv. Vishnu Mishra For deft No. 2,3,9,10, 13,14 and 15 present.
Adv. Piyush Singh For deft No. 16 present.
Adv. Ranjanadevi Nikam For applicant present.
Issue notice to court receiver to file the report of compliance of order dt. 16.03.2021
Pursis filed by adv. ms. Nikam For applicant informing that she has filed Ch/s No. 1725/19. The plaintiff has suppressed the fact that she is not residing in suit premises as the chamber summons is not served to her and the report is not known. Thereby she has suppressed the fact. t.o.r O- Filed
Adv. For applicant filed reply to withdrawal application. t.o.r.
Adv. For plaintiff stated that she wants to file reply to chamber summons.
Copy served to the plaintiff.
Adjd for Ch/s reply/hearing to chamber summons to 09/11/2021
Next Purpose: C/S REPLY
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv. Pooja Chaurasia For plaintiff present.
Adv. Smt. Ranjanadevi Nikam For applicants present.
Court is busy in hearing arguments in NM 4874/18 in suit 328/14 Hence adjourned.
Adjd for Ch.s hearing to 15/12/2021
Next Purpose: C/S HEARING
Next Hearing Date: 12-11-2021
Date: 09-11-2021
Business: Adv. Pooja Chaurasia For plaintiff present.
Adv. Smt. Ranjanadevi Nikam For applicants present.
Court is busy in hearing arguments in NM 4874/18 in suit 328/14 Hence adjourned.
Adjd for Ch.s hearing to 15/12/2021
Next Purpose: C/S HEARING
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Dt.12/11/2021
Suit 429/14
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
NOB TOB
Writ received from Honble High court bearing inward No. 11546 dt. 22.10.2021 O- Seen
Kept in R and P
Already adjd to 15/12/2021
Next Purpose: C/S HEARING
Next Hearing Date: 15-12-2021
Date: 12-11-2021
Business: Dt.12/11/2021
Suit 429/14
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
NOB TOB
Writ received from Honble High court bearing inward No. 11546 dt. 22.10.2021 O- Seen
Kept in R and P
Already adjd to 15/12/2021
Next Purpose: C/S HEARING
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv. Ketan Parekh For plaintiff present.
Adv. A. K. Singh For defendant no. 16 present.
Adv. Smt. Nikam for applicant present.
Exh-16 Pursis filed by Adv. Smt. Nikam for applicant stating opportunity of hearing not given. t.o.r.
Exh-17 Pursis filed by Adv. Smt. Nikam for applicant stating additional information. t.o.r.
Adjd for Chs hearing to 05/01/2022
Next Purpose: C/S HEARING
Next Hearing Date: 05-01-2022
Date: 15-12-2021
Business: Adv. Ketan Parekh For plaintiff present.
Adv. A. K. Singh For defendant no. 16 present.
Adv. Smt. Nikam for applicant present.
Exh-16 Pursis filed by Adv. Smt. Nikam for applicant stating opportunity of hearing not given. t.o.r.
Exh-17 Pursis filed by Adv. Smt. Nikam for applicant stating additional information. t.o.r.
Adjd for Chs hearing to 05/01/2022
Next Purpose: C/S HEARING
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Ketan Parekh for plaintiff present.
Adv. A. K. Singh For defendant no. 16 present.
Adv. Smt. Ranjanadevi Nikam for applicant present.
Application filed by Adv. Smt. Nikam for applicant dt. 05.01.2022. T.O.R. O- Filed
Adv. For plaintiff stated that till date nobody has filed an application for purpose of interim maintenance of suit premises I..e room No. 11.
The roznama also does not reflect any such application after the order of Honble High court in appeal from order no. 207/2021 in interim appln no. 1995/2021 dt. 24.08.2021. Therefore the receiver to comply the order dt. 13.01.2021 passed in Notice of motion No. 1618/2020 in respect of room no. 11.
Adv. For plaintiff stated that he has to file reply to Chs No. 1725/19.
Time granted to file reply to chamber summons No. 1725/19 as last chance to plaintiff.
Adjd for compliance/reply of plaintiff to chamber summons as last chance to 09/03/2022
Next Purpose: C/S REPLY
Next Hearing Date: 19-01-2022
Date: 05-01-2022
Business: Adv. Ketan Parekh for plaintiff present.
Adv. A. K. Singh For defendant no. 16 present.
Adv. Smt. Ranjanadevi Nikam for applicant present.
Application filed by Adv. Smt. Nikam for applicant dt. 05.01.2022. T.O.R. O- Filed
Adv. For plaintiff stated that till date nobody has filed an application for purpose of interim maintenance of suit premises I..e room No. 11.
The roznama also does not reflect any such application after the order of Honble High court in appeal from order no. 207/2021 in interim appln no. 1995/2021 dt. 24.08.2021. Therefore the receiver to comply the order dt. 13.01.2021 passed in Notice of motion No. 1618/2020 in respect of room no. 11.
Adv. For plaintiff stated that he has to file reply to Chs No. 1725/19.
Time granted to file reply to chamber summons No. 1725/19 as last chance to plaintiff.
Adjd for compliance/reply of plaintiff to chamber summons as last chance to 09/03/2022
Next Purpose: C/S REPLY
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: NOB TOB
Email received dt. 14.01.2022 from Kalpana Shah. On perusal of record she is not a party to a suit. The chamber summons No. 1725/19 was filed by 20 applicants Kalpana Shah was applicant No. 2 but Kalpana Shah has withdrawn the Chamber summons along with other applicant Nos. 3,7,8,9,11, 17 and 18 vide withdrawal pursis Exh.12 dt. 15.01.2020 hence the email received from Kalpana Shah is seen and filed.
Already adjd to 09/03/2022
Next Purpose: C/S REPLY
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: At 3.22 PM.
Adv. Priyanka Bhanushali h/f Ketan Parekh and company for plaintiff present.
Adv. A. K. Singh for defendant No.16 present.
KB.
Lo at 3.34 PM.
Adv. Priyanka Bhanushali h/f Ketan Parekh and company for plaintiff present.
Adv. For A. K. Singh for defendant No.16 present.
Adv. Ranjanadevi Nikam for applicant in chamber summons No.1725/19 present.
Defendants No.16 Shantilal Dedhia Committee Member and Bhavanji Chheda Chairman present.
Pursis filed by the Adv. For applicant stating that there is typographical error in the title clause about name of applicant No.6.TOR.
Pursis filed by the adv. For applicant stating that the room No.18 is of Gunvanti Pujani and Room No.12 is Uma Shetty. TOR.
Pursis filed by the adv. For applicant stating that amount of Rs 500/- each collected from the applicant and the public toilet is repaired. TOR.
Pursis filed by the advocate for applicant stating that advocate Parekh of Sushama Builders issued letter dt 31-01-2022 they received it on 05-02-2022 on the first page reply to chamber summon no.1725/19 is written. However in the page no 1 to 7 it reviles that there is information about the earlier application. TOR.
Pursis filed by the advocate for applicant stating that the address of the plaintiff Sushama Builders on communication of letter/ notice could not be found as per the report of postal authority. TOR.
Adjd for hearing to 06-04-2022
Next Purpose: HEARING
Next Hearing Date: 06-04-2022
Date: 09-03-2022
Business: At 3.22 PM.
Adv. Priyanka Bhanushali h/f Ketan Parekh and company for plaintiff present.
Adv. A. K. Singh for defendant No.16 present.
KB.
Lo at 3.34 PM.
Adv. Priyanka Bhanushali h/f Ketan Parekh and company for plaintiff present.
Adv. For A. K. Singh for defendant No.16 present.
Adv. Ranjanadevi Nikam for applicant in chamber summons No.1725/19 present.
Defendants No.16 Shantilal Dedhia Committee Member and Bhavanji Chheda Chairman present.
Pursis filed by the Adv. For applicant stating that there is typographical error in the title clause about name of applicant No.6.TOR.
Pursis filed by the adv. For applicant stating that the room No.18 is of Gunvanti Pujani and Room No.12 is Uma Shetty. TOR.
Pursis filed by the adv. For applicant stating that amount of Rs 500/- each collected from the applicant and the public toilet is repaired. TOR.
Pursis filed by the advocate for applicant stating that advocate Parekh of Sushama Builders issued letter dt 31-01-2022 they received it on 05-02-2022 on the first page reply to chamber summon no.1725/19 is written. However in the page no 1 to 7 it reviles that there is information about the earlier application. TOR.
Pursis filed by the advocate for applicant stating that the address of the plaintiff Sushama Builders on communication of letter/ notice could not be found as per the report of postal authority. TOR.
Adjd for hearing to 06-04-2022
Next Purpose: HEARING
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 08-04-2022
Date: 06-04-2022
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: BY Precipe
Applicant present and filed filed precipe to take matter on today’s board. O- Allowed
Applicant tendered draft chamber summons along with affidavit in support. O- Leave granted to register chamber summons.
Applicant to serve the copy of chamber summons to the plaintiff.
Already adjd to 27/04/2022
Next Purpose: HEARING
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: BY precipe O- Allowed.
Applicant in chamber summons present.
Applicant tendered documents. T.O.R.
Application for correction in page number no. 7 para no.4 filed by applicant. T.O.R. O- Applicant to serve this application to other side.
already adjd to 27/04/2022
Next Purpose: HEARING
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Dt.27/04/2022
Suit 429/14
CS 569/22
CS 1725/19
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
Adv. Priyanka Bhanushali h/f Ketan Parekh and company for plaintiff present
Adv for defendant present.
Applicant in person present.
Applicant in person filed register chamber summons along with affidavit in support. TOR.
Matter is adjd for reply on.07-06- 2022.
Lo AT 4.37 PM
Applicant in person is saying to keep the matter in the month of May. The summer vacation is starting from 09-05-2022 till 05-06-2022. The civil matter can not be heard and decide without consent of both parties.
The applicant is saying, the building may collapse any time. The applicant is staying in the said building even though. As per her contention she has received the notice dt.20-07-2021 that immediate repair is required.
In the application, annexed by the applicant dt. 22-09-2021 issued by BMC to the owner and tenants, they are directed to vacant suit premises to carry out repairs as suggested by structure consultant. Some of the tenants have issued letter to Asst. Commissioner dt.20-07-2021 that they will repair the suit premises.
Applicant stated that she has served the copy to the defendant today in the court.
The opportunity is to be given to the defendant to file reply. Unless the reply is filed the application can not be heard and decided.
Next Purpose: REPLY
Next Hearing Date: 28-04-2022
Date: 27-04-2022
Business: Dt.27/04/2022
Suit 429/14
CS 569/22
CS 1725/19
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
Adv. Priyanka Bhanushali h/f Ketan Parekh and company for plaintiff present
Adv for defendant present.
Applicant in person present.
Applicant in person filed register chamber summons along with affidavit in support. TOR.
Matter is adjd for reply on.07-06- 2022.
Lo AT 4.37 PM
Applicant in person is saying to keep the matter in the month of May. The summer vacation is starting from 09-05-2022 till 05-06-2022. The civil matter can not be heard and decide without consent of both parties.
The applicant is saying, the building may collapse any time. The applicant is staying in the said building even though. As per her contention she has received the notice dt.20-07-2021 that immediate repair is required.
In the application, annexed by the applicant dt. 22-09-2021 issued by BMC to the owner and tenants, they are directed to vacant suit premises to carry out repairs as suggested by structure consultant. Some of the tenants have issued letter to Asst. Commissioner dt.20-07-2021 that they will repair the suit premises.
Applicant stated that she has served the copy to the defendant today in the court.
The opportunity is to be given to the defendant to file reply. Unless the reply is filed the application can not be heard and decided.
Next Purpose: REPLY
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Dt.28/04/2022
Suit 429/14
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
By precipe. O-Allowed.
Applicant in person present.
Application filed by applicant to place the matter before vacation court. TOR.
The applicant in persons stated that the matter is fixed before the vacation court and sought permission.
The vacation start from 09-05-2022. Unless there is consent of the other side the same can not be fixed before vacation court. The preceipe is not served to the defendants. The applicant to serve the copy of application to the plaintiff and defendants.
Applicant in person filed application to correct roznama dt.27-04-2022.TOR.
Already adjd. 07-06-2022.
Next Purpose: REPLY
Next Hearing Date: 05-05-2022
Date: 28-04-2022
Business: Dt.28/04/2022
Suit 429/14
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
By precipe. O-Allowed.
Applicant in person present.
Application filed by applicant to place the matter before vacation court. TOR.
The applicant in persons stated that the matter is fixed before the vacation court and sought permission.
The vacation start from 09-05-2022. Unless there is consent of the other side the same can not be fixed before vacation court. The preceipe is not served to the defendants. The applicant to serve the copy of application to the plaintiff and defendants.
Applicant in person filed application to correct roznama dt.27-04-2022.TOR.
Already adjd. 07-06-2022.
Next Purpose: REPLY
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: NOB TOB
Application for correction in roznama through Email received bearing inward no. 5284 dt. 04.02.2022. O- Seen.
Kept in R and P.
Already adjd to 07/06/2022
Next Purpose: REPLY
Next Hearing Date: 13-05-2022
Date: 13-05-2022
Business: By Preceipe O- Allowed
Applicant in person present filed preceipe stating that there is urgency on the ground that building is in dilapidated condition.
Other side are not served. They are not present before the Court.
Applicant in person stated that yesterday the matter was moved. She further stated that she has served all the parties for taking up the matter on yesterday board i.e. 12.05.2022.
Applicant in person stated that 19-20 persons are residing at different places so on one day it was not possible to serve them todays preceipe notice.
Exh-18 Applicant in chamber summons filed application to dismiss the chamber summons No. 1725 of 2019. T.O.R. O- Other side to say.
The applicant to serve the copy of this application to plaintiff and defendants.
On perusal of plaint the suit is filed by builder against defendants for declaration that agreement dt. 03.05.1979 and other documents with regard to suit property are valid and subsisting between plaintiff and defendants. Plaintiff has also sought mandatory and permanent injunction in that respect.
The applicant claims that she is tenant in said premises the suit building is in dilapidated condition.
Considering the dispute between parties and the reliefs claimed in present suit unless the other side are served with the application filed today it cannot be heard and decided.
The applicant is insisting for repairs of the building but the said application is for dismissing the chamber summons. The applicant is tenant of premises as per her contention. The applicant has to serve the application to other side and all the parties are necessary to be heard along with its maintainability.
Applicant to take note that only on basis of her submission order cannot be passed. Court has to hear both parties and give opportunity to other side to file reply.
Already adjd to 07/06/2022
Next Purpose: REPLY
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 13-07-2022
Date: 07-06-2022
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Adv. Ketan Parekh a/w Adv. Priyanka Bhanushali for plaintiff present.
Adv. Ashish Mishra for defendant No. 2,3 and 9 to 11,13to 15 present and submitted that order in NM was challaged before Hon''ble High Court and it came to be rejected. Now, the defendants have approched Hon''ble Supreme Court. He placed on record xerox copy of order in petition(s) for special Leave to Appeal (c)No (s) 9478/2022. t.o.r.
He further submitted that four weeks time may be granted.
Kalpana Shah applicant in C/S No. 569/22.
Considering submission of Adv. Ashish Mishra and absence of order staying the suit proceeding, both sides are directed to argu C/S No. 569/22 on the next date of hearing.
Matter is adjd.to 03-08-2022 for hrg in C/S No. 569/22
Next Purpose: C/S HEARING
Next Hearing Date: 03-08-2022
Date: 13-07-2022
Business: Adv. Ketan Parekh a/w Adv. Priyanka Bhanushali for plaintiff present.
Adv. Ashish Mishra for defendant No. 2,3 and 9 to 11,13to 15 present and submitted that order in NM was challaged before Hon''ble High Court and it came to be rejected. Now, the defendants have approched Hon''ble Supreme Court. He placed on record xerox copy of order in petition(s) for special Leave to Appeal (c)No (s) 9478/2022. t.o.r.
He further submitted that four weeks time may be granted.
Kalpana Shah applicant in C/S No. 569/22.
Considering submission of Adv. Ashish Mishra and absence of order staying the suit proceeding, both sides are directed to argu C/S No. 569/22 on the next date of hearing.
Matter is adjd.to 03-08-2022 for hrg in C/S No. 569/22
Next Purpose: C/S HEARING
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: matter is adjourned to
Next Purpose: C/S HEARING
Next Hearing Date: 28-09-2022
Date: 03-08-2022
Business: matter is adjourned to
Next Purpose: C/S HEARING
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv. Priyanka Bhanushali for plaintiff present.
Adv. Krishnakant Singh for defendants no. 16 present.
Applicant Kalpana Shah in C/S No. 569/22 present and submitted that she has filed written argument Exh. 19. She also advanced oral argument in C/S No. 569/22.
LO at 3.40 pm.
Adv. Ranjanadevi Nikam for applicant in C/S No. 569/22.
Matter is adjd.to 19-10-2022 for C/S No. 569/22 Hrg by plaintiff.
Next Purpose: C/S HEARING
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 14-12-2022
Date: 19-10-2022
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Adv. Ketan Parekh for plaintiff present.
Adv. Piyush Singh for defendants no. 16 present.
Applicant Kalpana Shah in C/S No. 569/22.
Heard Adv. Ketan Parekh and Applicant Kalpana Shah in C/S No. 569/22.
Matter is adjd.to 04-01-2023 for C/S Order.
Next Purpose: ORDER
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: matter is adjourned to
Next Purpose: CS ARGUMENTS P.H.
Next Hearing Date: 03-03-2023
Date: 03-03-2023
Business: Adv. Priyanka Bhanushali for plaintiff present and prayed for adjournment - allowed
Adv. Piyush Singh for defendants no. 16 present.
None for other defendants.
LO at 5.30 pm.
Adv. Ranjanadevi Nikam for applicant Punjani and Shetty present and filed pursis in C/S No. 1725/19 t.o.r.
Matter is adjd.to 19-04-2023 for C/S hrg /steps.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: None for plaintiff.
Adv. Piyush Singh a/w defendant no. 16 present.
None for other defendants.
LO at 4.10 pm.
Adv. Priyanka Bhanushali for plaintiff present.
Matter is adjd.to 06-06-2023 for C/S Hrg and steps.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: None for plaintiff present.
Adv. Piyush Singh for defendant no. 16 present.
Advocate for defendant no. 16 filed application for taking up his n/m no. 2634 of 2015 in a caused list. I have gone through the order passed in n/m no. 2329 of 2018 vide that order the n/m no. 2634 of 2015 is taken out by defendant no. 16 is restore and kept for hearing.
Matter adjourned for n/m and ch/s hearing to 03/08/2023.
Next Purpose: HEARING
Next Hearing Date: 03-08-2023
Date: 06-06-2023
Business: None for plaintiff present.
Adv. Piyush Singh for defendant no. 16 present.
Advocate for defendant no. 16 filed application for taking up his n/m no. 2634 of 2015 in a caused list. I have gone through the order passed in n/m no. 2329 of 2018 vide that order the n/m no. 2634 of 2015 is taken out by defendant no. 16 is restore and kept for hearing.
Matter adjourned for n/m and ch/s hearing to 03/08/2023.
Next Purpose: HEARING
Next Hearing Date: 03-08-2023
Date: 03-08-2023
Business: Po is on leave
Next Purpose: HEARING
Next Hearing Date: 20-09-2023
Date: 03-08-2023
Business: Po is on leave
Next Purpose: HEARING
Next Hearing Date: 20-09-2023
Date: 20-09-2023
Business: P.O. Is on leave, matter adjourned to
Next Purpose: HEARING
Next Hearing Date: 18-10-2023
Date: 20-09-2023
Business: P.O. Is on leave, matter adjourned to
Next Purpose: HEARING
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: None for plaintiff present.
Adv. Piyush Singh for defendant no. 16 present.
None For defendant no. 1 to 15 present.
Matter is kept for hearing on n/m no. 2634 of 2015 and ch/s no. 1725 of 2019, but none present for plaintiff and other defendants. So parties are directed to remain present on next date and proceed with above ch/s and n/m, otherwise ch/s and n/m will be heard in their absence.
Matter adjourned for hearing to 15/12/2023.
Next Purpose: HEARING
Next Hearing Date: 15-12-2023
Date: 18-10-2023
Business: None for plaintiff present.
Adv. Piyush Singh for defendant no. 16 present.
None For defendant no. 1 to 15 present.
Matter is kept for hearing on n/m no. 2634 of 2015 and ch/s no. 1725 of 2019, but none present for plaintiff and other defendants. So parties are directed to remain present on next date and proceed with above ch/s and n/m, otherwise ch/s and n/m will be heard in their absence.
Matter adjourned for hearing to 15/12/2023.
Next Purpose: HEARING
Next Hearing Date: 15-12-2023
Date: 15-12-2023
Business: Adv. Priyanka Bhanushali for plaintiff present.
Adv. Piyush Singh for defendant no. 16 present.
Applicant in ch/s no. 1725 of 2019 present.
Matter adjourned for hearing to 17/01/2024.
Next Purpose: HEARING
Next Hearing Date: 17-01-2024
Date: 15-12-2023
Business: Adv. Priyanka Bhanushali for plaintiff present.
Adv. Piyush Singh for defendant no. 16 present.
Applicant in ch/s no. 1725 of 2019 present.
Matter adjourned for hearing to 17/01/2024.
Next Purpose: HEARING
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Business: Adv. Priyanka Bhanushali h/f Ketan Parekh for plaintiff present and seek adjournment for NM hearing. O-Adjournment granted as last chance as n/m is pending since 2015.
Adv. Ranjana Devi Nikam for applicant in ch/s no. 1725 of 2019 present and filed pursis by contending that plaintiff expired on 16/07/2023. TOR. Plaintiff is directed to take steps.
Adv. A. K. Singh For defendant no. 16 present.
Matter adjourned for NM and ch/s hearing to 01/02/2024.
L. O. at 4.00 PM
Mrs. Kalpana Shah in person present and filed two application. TOR.
Already matter adjourned for NM and ch/s hearing to 01/02/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2024
Date: 17-01-2024
Business: Adv. Priyanka Bhanushali h/f Ketan Parekh for plaintiff present and seek adjournment for NM hearing. O-Adjournment granted as last chance as n/m is pending since 2015.
Adv. Ranjana Devi Nikam for applicant in ch/s no. 1725 of 2019 present and filed pursis by contending that plaintiff expired on 16/07/2023. TOR. Plaintiff is directed to take steps.
Adv. A. K. Singh For defendant no. 16 present.
Matter adjourned for NM and ch/s hearing to 01/02/2024.
L. O. at 4.00 PM
Mrs. Kalpana Shah in person present and filed two application. TOR.
Already matter adjourned for NM and ch/s hearing to 01/02/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: NOB TOB
By precipe. O-Allwed to be taken on today’s board.
The applicant in person Mrs. kalpana Shah present and filed list of document. Matter be taken on due date.
Already matter adjourned to 01/02/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2024
Date: 01-02-2024
Business: Adv. K. R. Parekh For plaintiff present.
Adv. A. K. Singh for defendant no. 16 present.
Adv. Nidhi Shah for applicant in disposed of ch/s no. 569/2022 present.
The Ms. Kalpana Shah by taking matter on board and filed some documents thus Ms. Kalpana Shah is directed to provide copy on other side on or before next date.
Adv. Ashish Mishra for defendant no. 2, 3, 9 to 11 and 13 present.
Matter adjourned for NM and ch/s hearing to 13/03/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2024
Date: 01-02-2024
Business: Adv. K. R. Parekh For plaintiff present.
Adv. A. K. Singh for defendant no. 16 present.
Adv. Nidhi Shah for applicant in disposed of ch/s no. 569/2022 present.
The Ms. Kalpana Shah by taking matter on board and filed some documents thus Ms. Kalpana Shah is directed to provide copy on other side on or before next date.
Adv. Ashish Mishra for defendant no. 2, 3, 9 to 11 and 13 present.
Matter adjourned for NM and ch/s hearing to 13/03/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2024
Date: 13-03-2024
Business: Adv. K. R. Parekh for plaintiff present.
Mrs. Kalpana Shah in person present and filed an application. TOR, and marked as Exh.. 24 and served copy of application to the plaintiff. She is directed to serve copy to advocate for defendant no. 16.
Adv. A. K. Singh for defendant no. 16 present.
Defendant no. 16 in person present.
The parties are directed to serve copy of reply in advanced to Mrs. Kalpana Shah.
Matter adjourned for reply by the parties to the application filed by Mrs. Archana Shah (Exh. 24) and hearing to 24/04/2024.
L. O.
Adv. Nikam for applicant in ch/s present.
Already matter adjourned to 24/04/2024 for hearing on Exh. 24.
Next Purpose: HEARING
Next Hearing Date: 24-04-2024
Date: 13-03-2024
Business: Adv. K. R. Parekh for plaintiff present.
Mrs. Kalpana Shah in person present and filed an application. TOR, and marked as Exh.. 24 and served copy of application to the plaintiff. She is directed to serve copy to advocate for defendant no. 16.
Adv. A. K. Singh for defendant no. 16 present.
Defendant no. 16 in person present.
The parties are directed to serve copy of reply in advanced to Mrs. Kalpana Shah.
Matter adjourned for reply by the parties to the application filed by Mrs. Archana Shah (Exh. 24) and hearing to 24/04/2024.
L. O.
Adv. Nikam for applicant in ch/s present.
Already matter adjourned to 24/04/2024 for hearing on Exh. 24.
Next Purpose: HEARING
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: Adv. Ketan Parekh for plaintiff present and filed reply to the application at Exh.24 marked as Exh. 25.
Adv. Piyush Singh for defendant no. 16 present.
Mrs. Kalpana Shah in person present and seeks time to file written notes of argument on Exh. 24. Time granted till next date.
Adv. Ranjana Nikam for applicant in ch/s present and filed pursis at Exh. 26. O- Plaintiff to take note of the pursis.
Adv. Ashish Mishra for defendant no. 2, 3, 9 to 11, 13 and 15 present.
Matter adjourned for argument on Exh. 24 and ch/s and notice of motion hearing to 26/06/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-06-2024
Date: 24-04-2024
Business: Adv. Ketan Parekh for plaintiff present and filed reply to the application at Exh.24 marked as Exh. 25.
Adv. Piyush Singh for defendant no. 16 present.
Mrs. Kalpana Shah in person present and seeks time to file written notes of argument on Exh. 24. Time granted till next date.
Adv. Ranjana Nikam for applicant in ch/s present and filed pursis at Exh. 26. O- Plaintiff to take note of the pursis.
Adv. Ashish Mishra for defendant no. 2, 3, 9 to 11, 13 and 15 present.
Matter adjourned for argument on Exh. 24 and ch/s and notice of motion hearing to 26/06/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-06-2024
Date: 26-06-2024
Business: PO is on training, hence matter adjourned
Next Purpose: ARGUMENTS
Next Hearing Date: 22-07-2024
Date: 26-06-2024
Business: PO is on training, hence matter adjourned
Next Purpose: ARGUMENTS
Next Hearing Date: 22-07-2024
Date: 22-07-2024
Business: The matter is taken on board as on E-mail received from one Kalpana. The copy of E-mail is marked at Exhibit-27. On perusal of E-mail it is seen that the E-mail sender has filed application at Exhibit-24, which is pending for hearing and on similar contention this E-mail is sent. The applicant/E-mail sender has sought time to file written notes of argument on Exhibit-24 on 24/04/2024. In such case the E-mail is found to be un-necessary and it has consumed time of the court. Therefore the applicant of application at Exhibit-24 is directed why necessary action shall not be taken against her for filing vexatious E-mails. Put matter for consideration on next date.
Matter already adjourned to 14/08/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-08-2024
Date: 14-08-2024
Business: Adv. Ketan Parekh i/b K. R. Parekh for plaintiff present.
Adv. Vishnudatta Mishra for defendant no. 2, 3, 9 to 11, 13 and 15 present.
Adv. Shetty Punjani for applicant in chamber summons present. She filed pursis at Exhibit-27. Taken on record.
Adv. Piyush Singh for defendant no. 16 present.
One Kalpana Shah, who has filed application at Exhibit-24 present. Said applicatio is in the nature of argument and not filed in the presecibed form. She was asked whether she is party to the suit or she has made any application to make her party. She submits that her application vide chamber summons no. 569 of 2022 to make her partly is rejected. On 22/07/2024 she has send an email. Vide Exhibit-24 no specific relief is sought, hence application exhibit-21 is taken on record and filed. It appears from the submission of Kalpana Shah that she has no knowledge about the court proceedings. It seems that she has not received proper legal assistance. Therefore considering conduct of Kalpana Shah, she is directed to approach before Distric legal service authority to get legal aid. It is also necessary to send request letter to office of the DLSA to extend facility of counselling, if Kalpana Shah appears before it. Sheristedar to issue letter accordingly.
Ld. advocate for plaintiff submit that the plaintiff is registered partnership firm. Hence suit will not abate on the death of Mr. Dedhia, one of the partner of the firm. Consideirng this statement the plaintiff is directed to file proof of the registration of the firm. And also submit how the suit satify the provision of rule 1 of order 30 of CPC.
Matter adjourned for compliance to 19/09/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-09-2024
Date: 14-08-2024
Business: Adv. Ketan Parekh i/b K. R. Parekh for plaintiff present.
Adv. Vishnudatta Mishra for defendant no. 2, 3, 9 to 11, 13 and 15 present.
Adv. Shetty Punjani for applicant in chamber summons present. She filed pursis at Exhibit-27. Taken on record.
Adv. Piyush Singh for defendant no. 16 present.
One Kalpana Shah, who has filed application at Exhibit-24 present. Said applicatio is in the nature of argument and not filed in the presecibed form. She was asked whether she is party to the suit or she has made any application to make her party. She submits that her application vide chamber summons no. 569 of 2022 to make her partly is rejected. On 22/07/2024 she has send an email. Vide Exhibit-24 no specific relief is sought, hence application exhibit-21 is taken on record and filed. It appears from the submission of Kalpana Shah that she has no knowledge about the court proceedings. It seems that she has not received proper legal assistance. Therefore considering conduct of Kalpana Shah, she is directed to approach before Distric legal service authority to get legal aid. It is also necessary to send request letter to office of the DLSA to extend facility of counselling, if Kalpana Shah appears before it. Sheristedar to issue letter accordingly.
Ld. advocate for plaintiff submit that the plaintiff is registered partnership firm. Hence suit will not abate on the death of Mr. Dedhia, one of the partner of the firm. Consideirng this statement the plaintiff is directed to file proof of the registration of the firm. And also submit how the suit satify the provision of rule 1 of order 30 of CPC.
Matter adjourned for compliance to 19/09/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-09-2024
Date: 19-09-2024
Business: Adv. Ketan Parekh for plaintiff present and filed affidavit at Exhibit-28 in compliance of order dated 14/08/2024. Taken on record.
Adv. Vishnudutt Mishra for defendant no. 2, 3, 9 to 11, 15 and 13 present.
Adv. A. K. Singh for defendant no. 16 present.
Matter adjourned for Order to 04/10/2024.
Next Purpose: ORDER
Next Hearing Date: 04-10-2024
Date: 19-09-2024
Business: Adv. Ketan Parekh for plaintiff present and filed affidavit at Exhibit-28 in compliance of order dated 14/08/2024. Taken on record.
Adv. Vishnudutt Mishra for defendant no. 2, 3, 9 to 11, 15 and 13 present.
Adv. A. K. Singh for defendant no. 16 present.
Matter adjourned for Order to 04/10/2024.
Next Purpose: ORDER
Next Hearing Date: 04-10-2024
Date: 04-10-2024
Business: Adv. Priyanka a/w Ketan Parekh For plaintiff present. He submits that notice of motion is filed by defendant no. 16 and ch/s filed by third person. Those applicants are absent. On last date the plaintiff has filed affidavit at Exhibit-28 in compliance of order dated 14/08/2024. In such circumstances the affidavit at exhibit-28 and pending chamber summons and notice of motion will be heard together on next date. If applicants who have filed notice of motion and chamber summons failed to argue, it will be dismissed for want of prosecution.
None For defendant present.
L. O.
Adv. Piyush singh for defendant no. 16 present.
Matter adjourned for argument to 06/11/2024.
L. O. at 5.20 PM.
Adv. Ranjanadevi Nikam for applicant in ch/s present and she filed applications at Exhibit- 29 and Exhibit-30 an application at Exhibit-29 is filed by the advocate to schedule the hearing on chamber summons finally. She was repeatedly informed by the court that when today matter was called, considering submission of Ld. advocate for plaintiff the matter is adjourned for final hearing upon chamber summons. Instead of that she argued repeatedly and filed application at Exhibit-29 to fix the schedule of hearing on chamber summons finally. She also filed application at Exhibit-30 to correct the Roznama dated 19/09/2024 just to mark her appearance. It is her contention that she was present and she has received copy of affidavit at Exhibit-28. It means her appearance is marked in form of her signature on affidavit exhibit-28. She took near about 20 minutes of the court just to say repeatedly her contention vide aforesaid application. She was also repeatedly told that the matter is adjourned and if she wants to make any submission on her case, make on next date in presence of other side. Even though she kept arguing her case. Considering her submission and contents of application at Exhibit-29, application at Exhibit-29 is rejected with cost of Rs. 2000/-. payable to DLSA on or before next date. When the matter is adjourned for final hearing on ch/s, application at exhibit-30 does not survive. Hence filed.
Matter already adjourned for argument to 06/11/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-11-2024
Date: 04-10-2024
Business: Adv. Priyanka a/w Ketan Parekh For plaintiff present. He submits that notice of motion is filed by defendant no. 16 and ch/s filed by third person. Those applicants are absent. On last date the plaintiff has filed affidavit at Exhibit-28 in compliance of order dated 14/08/2024. In such circumstances the affidavit at exhibit-28 and pending chamber summons and notice of motion will be heard together on next date. If applicants who have filed notice of motion and chamber summons failed to argue, it will be dismissed for want of prosecution.
None For defendant present.
L. O.
Adv. Piyush singh for defendant no. 16 present.
Matter adjourned for argument to 06/11/2024.
L. O. at 5.20 PM.
Adv. Ranjanadevi Nikam for applicant in ch/s present and she filed applications at Exhibit- 29 and Exhibit-30 an application at Exhibit-29 is filed by the advocate to schedule the hearing on chamber summons finally. She was repeatedly informed by the court that when today matter was called, considering submission of Ld. advocate for plaintiff the matter is adjourned for final hearing upon chamber summons. Instead of that she argued repeatedly and filed application at Exhibit-29 to fix the schedule of hearing on chamber summons finally. She also filed application at Exhibit-30 to correct the Roznama dated 19/09/2024 just to mark her appearance. It is her contention that she was present and she has received copy of affidavit at Exhibit-28. It means her appearance is marked in form of her signature on affidavit exhibit-28. She took near about 20 minutes of the court just to say repeatedly her contention vide aforesaid application. She was also repeatedly told that the matter is adjourned and if she wants to make any submission on her case, make on next date in presence of other side. Even though she kept arguing her case. Considering her submission and contents of application at Exhibit-29, application at Exhibit-29 is rejected with cost of Rs. 2000/-. payable to DLSA on or before next date. When the matter is adjourned for final hearing on ch/s, application at exhibit-30 does not survive. Hence filed.
Matter already adjourned for argument to 06/11/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-11-2024
Date: 06-11-2024
Business: Adv. Ketan Parekh for plaintiff present.
Adv. Triveni Jani i/b A. K. Singh for defendant no. 16 present.
Adv. Vishnudatt a/w Ranjanadevi Nikam for defendant no. 2, 3, 9, 11 to 15 and 13 present.
Advocate for plaintiff seek time for argument. Time granted till next date.
Matter adjourned to 27/11/2024 for argument.
L. O.
Adv. Ranchana Devi Nikam for applicant in ch/s no. 1725 of 2019 present and request time to pay cost as per order dated 04/10/2024. Time is granted till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-11-2024
Date: 06-11-2024
Business: Adv. Ketan Parekh for plaintiff present.
Adv. Triveni Jani i/b A. K. Singh for defendant no. 16 present.
Adv. Vishnudatt a/w Ranjanadevi Nikam for defendant no. 2, 3, 9, 11 to 15 and 13 present.
Advocate for plaintiff seek time for argument. Time granted till next date.
Matter adjourned to 27/11/2024 for argument.
L. O.
Adv. Ranchana Devi Nikam for applicant in ch/s no. 1725 of 2019 present and request time to pay cost as per order dated 04/10/2024. Time is granted till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-11-2024
Date: 27-11-2024
Business: Adv. Priyanka a/w Ketan Parekh For plaintiff present.
Adv. Sanjeet Shukla for defendants present.
Adv. Triveni Jani i/b A. K. Singh for defendant no. 16 present.
Adv. Ranjanadevi Nikam for applicant in ch/s no. 1725 of 2019 present and filed application at Exhibit-29 She was asked whether this application is maintainable in this form. She could not justify application. She simply say that the application under section 151 of the CPC. Ld. Advocate for the plaintiff also submit that this application is signed and affirmed by advocate which is against Law. On perusal of prayer vide this application it is seen that it affects the rights of other party. Therefore this application is not maintainable in this form. Moreover there is substance in submission of Ld. Advocate for the plaintiff that an advocate can not sign and verifify application on behalf of client. This legal position is also clarified by Honble High Court of Delhi in Mr. Anil Kumar V/s Mr. Amit CRP No. 75 of 2020 . The Honble High Court, Delhi has observed that an advocate can not play dual role. The advocate herein has signed and verified application at Exhibit-29. It amounts to professional misconduct. Therefore advocate for the applicant is directed as to why necessary action shall not be taken against her in view of rule laid down by Honble High Court. However there is no propriety keeping such application pending, hence stands disposed of as rejected. Ld. Advocate for the applicant seeks time to pay cost that imposed upon her on last date. Time is granted till next date to pay such cost and answer aforesaid order.
By consent of both parties matter adjourned for argument to 18/12/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-12-2024
Date: 27-11-2024
Business: Adv. Priyanka a/w Ketan Parekh For plaintiff present.
Adv. Sanjeet Shukla for defendants present.
Adv. Triveni Jani i/b A. K. Singh for defendant no. 16 present.
Adv. Ranjanadevi Nikam for applicant in ch/s no. 1725 of 2019 present and filed application at Exhibit-29 She was asked whether this application is maintainable in this form. She could not justify application. She simply say that the application under section 151 of the CPC. Ld. Advocate for the plaintiff also submit that this application is signed and affirmed by advocate which is against Law. On perusal of prayer vide this application it is seen that it affects the rights of other party. Therefore this application is not maintainable in this form. Moreover there is substance in submission of Ld. Advocate for the plaintiff that an advocate can not sign and verifify application on behalf of client. This legal position is also clarified by Honble High Court of Delhi in Mr. Anil Kumar V/s Mr. Amit CRP No. 75 of 2020 . The Honble High Court, Delhi has observed that an advocate can not play dual role. The advocate herein has signed and verified application at Exhibit-29. It amounts to professional misconduct. Therefore advocate for the applicant is directed as to why necessary action shall not be taken against her in view of rule laid down by Honble High Court. However there is no propriety keeping such application pending, hence stands disposed of as rejected. Ld. Advocate for the applicant seeks time to pay cost that imposed upon her on last date. Time is granted till next date to pay such cost and answer aforesaid order.
By consent of both parties matter adjourned for argument to 18/12/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-12-2024
Date: 18-12-2024
Business: Adv. Ketan Parekh a/w Priyanka Bhanushali a/w Siddhi Shete for plaintiff present.
Adv. Ranjanadevi Nikam h/f Shetty and Punjani for applicant present.
Adv. Triveni Jani i/b A. K. Singh for defendant no. 16 present.
Adv. Vishnudutt R. Mishra for defendant no. 2, 3, 9 to 11, 13 and 15 present.
Matter adjourned to 05/02/2025 at 2.45 PM..
Later on at 4.45 PM..
Adv. Ranjanadevi Nikam h/f Shetty and Punjani for applicant present and filed pursis at Exhibit-30 and application at Exhibit-31. She was asked how this application is maintainable in given form in view of provisions of Bombay City Civil and Sessions Court Act. She seeks time. Time granted till next date.
Matter already adjourned to 05/02/2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-12-2024
Date: 18-12-2024
Business: Adv. Ketan Parekh a/w Priyanka Bhanushali a/w Siddhi Shete for plaintiff present.
Adv. Ranjanadevi Nikam h/f Shetty and Punjani for applicant present.
Adv. Triveni Jani i/b A. K. Singh for defendant no. 16 present.
Adv. Vishnudutt R. Mishra for defendant no. 2, 3, 9 to 11, 13 and 15 present.
Matter adjourned to 05/02/2025 at 2.45 PM..
Later on at 4.45 PM..
Adv. Ranjanadevi Nikam h/f Shetty and Punjani for applicant present and filed pursis at Exhibit-30 and application at Exhibit-31. She was asked how this application is maintainable in given form in view of provisions of Bombay City Civil and Sessions Court Act. She seeks time. Time granted till next date.
Matter already adjourned to 05/02/2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-12-2024
Date: 30-12-2024
Business: By precipe at Exhibit-32. Taken on record.
Adv. Ranjanadevi Nikam h/f Shetty and Punjani for applicant present.
She filed copy of application sent through Email. Marked as Exhibit-33.
Vide this precipe Ld. Advocate Ranjanadevi Nikam h/f Shetty and Punjani seeks time to pay cost imposed upon her vide order dated 04/10/2024. Record shows that she was granted time till next date as per Roznama dated 04/10/2024 and 06/11/2024. However she failed to pay the cost. Now, the matter is adjourned to 05/02/2025. It is her contention that due to her other work, she could not pay cost. This precipe is moved during vacation period. No urgency is shown, hence the submission of Ld. Advocate seeking extension of time could be considered on day fixed. On last date also said advocate had filed applications at Exhibit-30 and 31 which are disposed of. All these demonstrate that this advocate does not follow the procedure. She is also directed to comply the order dated 27/11/2024 which is not complied till today. In such circumstances this precipe also ensue the cost. However, in the interest of Justice and to avoid further delay, said advocate is granted time to pay cost as per order dated 04/10/2024 and comply directions dated 27/11/2024 till next date.
Matter adjourned to 05/02/2025 for compliance.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-02-2025
Date: 30-12-2024
Business: By precipe at Exhibit-32. Taken on record.
Adv. Ranjanadevi Nikam h/f Shetty and Punjani for applicant present.
She filed copy of application sent through Email. Marked as Exhibit-33.
Vide this precipe Ld. Advocate Ranjanadevi Nikam h/f Shetty and Punjani seeks time to pay cost imposed upon her vide order dated 04/10/2024. Record shows that she was granted time till next date as per Roznama dated 04/10/2024 and 06/11/2024. However she failed to pay the cost. Now, the matter is adjourned to 05/02/2025. It is her contention that due to her other work, she could not pay cost. This precipe is moved during vacation period. No urgency is shown, hence the submission of Ld. Advocate seeking extension of time could be considered on day fixed. On last date also said advocate had filed applications at Exhibit-30 and 31 which are disposed of. All these demonstrate that this advocate does not follow the procedure. She is also directed to comply the order dated 27/11/2024 which is not complied till today. In such circumstances this precipe also ensue the cost. However, in the interest of Justice and to avoid further delay, said advocate is granted time to pay cost as per order dated 04/10/2024 and comply directions dated 27/11/2024 till next date.
Matter adjourned to 05/02/2025 for compliance.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-02-2025
Date: 05-02-2025
Business: Adv. for plaintiff present.
Adv. Triveni Jani i/b A. K. Singh for defendant no. 16 present.
Applicant in ch/s no. 1725 of 2019 absent. Hence kept for necessary order.
Matter adjourned for order/NM argument to 05/03/2025 at 2.45 PM..
Later on..
Adv. Ranjanadevi Nikam for applicant present and filed application at exhibit-34 seeking time to pay the cost. Considering contenst of application, very last chance is granted to pay the cost till next date.
Next Purpose: ORDER
Next Hearing Date: 05-03-2025
Date: 05-03-2025
Business: None for plaintiff present.
Adv. Triveni Jani for defendant no. 16 present.
Later on..
Adv. Priyanka Bhanushali h/f Ketan Parekh for plaintiff present.
From at 3.23 PM till 3.37 PM partly heard Ld. Advocate for the defendant no. 16 on notice of motion no. 2634 of 2015. She submits that the court has granted ad-interim relief on 12/02/2014 on draft notice of motion filed by the plaintiff which is subsequently registered as notice of motion no. 597 of 2014. Notice of motion no. 597 of 2014 is not pending before this court. It is shown to be disposed of when matter was pending before court room no. 1. Therefore, the plaintiff to verify and submit as status of notice of motion.
Matter adjourned for argument P. H. to 26/03/2025.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 26-03-2025
Date: 26-03-2025
Business: Adv. Ketan Parekh for plaintiff present.
Adv. Tiveni Jani for defendant no.16 present.
Five email received from Smt. Kalpna Shah at Exh.35 to Exh. 39 respectively. Similarly print of email is received from Hon’ble Principle Judge marked as Exh.40. O- The person who has sent those email had previously also sent such emails. Considering her submission and conduct she has been directed to approach to DLSA as per order dated 14.08.2024. Therefore all aforesaid emails are taken off the record and file. And said Kalpana Shah is directed not to sent such frivolous letters or emails.
In view of roznama dated 06.07.2018 notice of motion no. 597/2014 is restored. Heard ld advocate for the plaintiff and defendant no. 16 on notice of motion no. 597/2014 and 2634/2015.
None for applicant in Chamber summons no. 1725/2019 present. Record also shows that one of the applicant namely Kalpana Shah has filed application at Exh.11 to withdraw said chamber summons. Hence chamber summons stand dismissed for want of prosecution.
Matter adjourned for order to 23.04.2025
Next Purpose: ORDER
Next Hearing Date: 29-03-2025
Date: 29-03-2025
Business: Adv. Ketan Parekh for plaintiff present.
Adv. Tiveni Jani for defendant no.16 present.
Five email received from Smt. Kalpna Shah at Exh.35 to Exh. 39 respectively. Similarly print of email is received from Hon’ble Principle Judge marked as Exh.40. O- The person who has sent those email had previously also sent such emails. Considering her submission and conduct she has been directed to approach to DLSA as per order dated 14.08.2024. Therefore all aforesaid emails are taken off the record and file. And said Kalpana Shah is directed not to sent such frivolous letters or emails.
In view of roznama dated 06.07.2018 notice of motion no. 597/2014 is restored. Heard ld advocate for the plaintiff and defendant no. 16 on notice of motion no. 597/2014 and 2634/2015.
None for applicant in Chamber summons no. 1725/2019 present. Record also shows that one of the applicant namely Kalpana Shah has filed application at Exh.11 to withdraw said chamber summons. Hence chamber summons stand dismissed for want of prosecution.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 29-03-2025
