Date: 13-11-2019
Business: Adv.Pallavi Gandhi for plaintiff present.
Defendant No. 6 in person present, he seeks adjournment for appointment of advocate.)O-granted.
Adv. S.K. Naik for Mhada/respondent NO.7 present.
Matter adj for ad-interim hearing to 14.11.2019
Next Purpose: HEARING
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv.Rajiv Matkar for plaintiff present.
Adv.Ghatte for defendant 1 present.
Matter adj for hearing to 20.11.2019.
Next Purpose: HEARING
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Adv. Rajeev Mhatkar for plaintiff present.
Adv.N.A.Ghatte for defendant 1 present.
Adv.Sachin Kadam for defendant 6 present, he filed Vakalatnama/P. t.o.r.
Adv. S.M. Naik for defendant No.7 present.
By this draft NM plaintiff has prayed to restrain defendant No.1 to 3 and theis agents, servants from selling, transferring and otherwise creating encumbrance on any of the flats in the new building to be constructed on the suit land bearing survey No. 229 and 267 CTS No. 12 adm-877.78 sq.m. as per the conveyance deed.
Heard argument of advocate of plaintiff, defendant No.1 and defendant No.6.
On perusal of record, it prima-facie reveals that as per the demand of defendant No.2 the plaintiffs have made payment of Rs.17,00,000/- by way of the cheque and cash as part payment of price of suit flat. It further appears from the record that the defendant No.3 society has executed. POA in favor of defendant No.2 for re-development of the suit property.
Earlier the development agreement was assigned to defendant No.2 by defendant No.3. Later on defendant No.3 appointed defendant No.1 as new developer by executing P.O.A and registered development agreement.
Ld. Advocate for defendant No.1 relied on the observations in the matter of Vaidehi Akash Housing private Ltd. V/s New D.N. Nagar Co-operative housing society Union limited and others decided on 01.12.2014. On going through the observations in the same matter, as rightly pointed out by the advocate of plaintiff, that it is in respect of the development rights claimed by rival developers. It is also u/s 33(7) DCR Rule. Therefore, with due respect at this stage the said observations are not applicable to the case in hand. Thus , prima-facie is made out by plaintiff for grant of ad-interim relief against defendant No.1. Accordingly, I passed following order-
Order
1. Ad-interim relief is granted in terms of prayer clause (a)against defendant No.1 only.
2. Leave to register NM is granted.
3. Plaintiff to comply Order 39 Rule (3) of CPC.
4. Defendants shall file their reply on 26.11.2019.
5.Authenticated copy of roznama be supplied to plaintiff.
Matter adjd for reply to 03.12.2019.
Next Purpose: REPLY
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Adv. Rajiv Matkar for plaintiff is present.
Adv. for plaintiff tendered registered N/M No.4500/2019 @ affidavit in support. He also filed service affidavit.
Adv. S. M. Naik for defendant/MAHADA is present.
Adv. Amok Singh instructed by Adv. Jeet Gandhi for defendant no. 1 is present.
He filed reply to NM Nos. 4500/19, 4501/19, 4506/19, 4498/19.
Adv. for plaintiff filed rejoinder to reply of defendant no. 1.
Adv for plaintiff made statement that he has no Objection to take WS of defendant no. 6. on record.
Adv. Neha Tikam for Defendant no. 6 is present.
She filed WS. TOR
Earlier order if any, to be continued till next date.
Matter adj for N/M hearing on 18/12/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv. Rajiv Matkar for Plaintiff is present. He filed draft N/M along with affidavit in support. t.o.r. Leave to register is granted. Copy is served to adv. of defendants and respondents.
Adv. S.M. Naik for defendant no. 7 is present.
Adv. Sanad Desai for defendant no. 6 is present.
Adv. P.D.Gandhi for defendant no. 3 is present.
Adv. Amok Singh for defendant no.1 is present.
Heard argument of adv. of plaintiff.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjd. for argument of defendants/ N/M reply to 12/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv. Rajiv Matkar for Plaintiff is present.
Adv. Sanad Desai for defendant no. 6 is present.
Adv. P.D. Gandhi for defendant no. 1 and 3 is present.
Adv. S. M. Naik for defendant no. 7 is present.
Heard argument of adv. of defendant no 1 and 3 and reply of adv. of plaintiff.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjd. for further argument of defendant to 27/02/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv. Matkar for plaintiff present. He tendered registered NM. 872/20 along with affidavit in service.
Adv. Amogh Singh for defendant No.1 present.
Adv. Preet Chawda for defendant No.3 present.
Adv. S.M. Naik for defendant No. 7 Present.
Earlier order continued till next date.
Adjd. for NM Hearing to 04/03/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Raju Matkar for Plaintiff present.
Adv. Mr. Hardik Desai for Defendant no. 3 present.
Adv. Mr. Jeet Gandhi for Defendant no. 1 present.
Adv. Sanad Desai for Defendant no. 6 present.
Adv. S. M. Naik for Defendant no. 7/ MHADA present.
Earlier ad interim order be continued till next date.
Matter is adjd. to 12.03.2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Adv. Rajiv Matkar for the Plaintiff present.
Adv. Mangal Kadam h/f S. M. Naik for Defendant No. 7 present.
Earlier ad interim order be continued till next date.
Matter is adjd. to 14.03.2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: Adv. Mr. Rajiv Matkar for the Plaintiff present.
Adv. Ms. Mangal Kadam h/f S. M. Naik for Defendant No. 7 present.
Adv. Mr. Hardik Desai for Defendant no. 3 present.
Adv. Mr. Amol Singh for Defendant no. 1 present.
Adv. Mr. Sanad Desai for Defendant no. 6 present.
Heard arguments of the Plaintiff and Defendant no. 1 partly.
Earlier ad interim order be continued till next date.
Matter is adjd. to 27.03.2020 for further arguments.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Business: By preciepe
Adv. Mr. Rajeev Matkar for the plff present.
Adv. Ms. Indira Labde with Mr. adv. Farid Deraiya for deft no.1 and 3 present.
F. R. S. R. the following order is passed.
ORDER
1. The Consent Terms (Exh.10) are verified and taken on record.
2. The suit against the defendant No. 2 and the defendant Nos. 4 to 7 is disposed of, in view of Exhibit-9, as the claim against them is abandoned by the plaintiff.
3. In view of the Consent Terms (Exhibit-10), a consent decree be drawn and the Consent Terms (Exhibit-10) shall form the part of the decree.
4. All the interim orders passed in the suit shall stand vacated.
5. In the circumstances, no order as to cost.
6. Suit is disposed of, as compromised.
Accordingly, Notice of Motion Nos. 4500/2019 and 872 of 2020 stand disposed of.
Nature Of Disposal: COMPROMISE
Disposal Date: 21-08-2020
