Date: 20-11-2019
Business: Adv. A. S. Pal for plaintiff present.
Adv. Nikita Rokade for defendant no. 4 present.
Adv. R. K. Thakkar for defendant no. 2 present.
It is inadvertently recorded in the roznam dated 26.9.2019 that the plaintiff has tendered Chamber Summons but the draft NM was tendered by the plaintiff and accordingly it is corrected.
Plaintiff Tendered registered NM 3843/19 along with affidavit. The Ld. counsel for the defendant nos. 4 and 2 submitted that they will inquire from their parties whether service of NM effected on them. But on record the plaintiff has filed affidavit of service. Be that as it may, Adjourned for reply to NM to 16.1.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. Sanjana Das for plaintiff present.
Adv. Thakkar for deft. no.2 present.
Adv. Rokde for deft. no.4 present.
Ld. counsels for deft. nos.2 and 4 have sought the time to file reply to N/M no.3843/19. Granted.
Deft. nos.1 and 3 are ex-parte and even the present N/M was served upon them hence, N/M to proceed without reply of deft. nos.1 and 3.
The matter is adjd for reply to N/M to 11.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Business: Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 24.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Business: Due to Covid-19, the matter is adjourned to 09.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: None present.
Adjourned as a last chance for hearing on N/M.
The matter is adjd for N/M hearing to 30.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for N/M hearing to 03.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: In view of office order no.106/2021 dated 14.06.2021, holiday declared on Saturday hence matter adjourned to 01/09/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: None present for plff.
Adv. Nikita Rokade for deft no.4 is present.
On oral request of Adv.for deft matter adjourned for NM hearing.
Matter adjd for NM hearing on 24.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: P.O.is on leave.
Matter adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Adv. Siddharth Puthoor for pltff present.
As per Office Order No. \''07 of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 01/04/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Adv A. S. Pal for pltff present.
None for deft.
Order below NM No. 3843/19-
Perused the NM which is supported by an affidavit. Also perused the reply on affidavit filed by deft no. 4. I have perused the evidence of PW-1 Ranna Sanghavi(Exh. 11) and the document for which the present NM is moved. Said document is at sr. no. 2 of list Exh. 10. On perusal of the same document it appears to be the original agreement for sale dt. 24/03/2000 executed between Ashin Sanghavi and Ranna Sanghavi. The pltff witness has deposed regarding said document in para no. 2 and the other part of the evidence. Pltff is relying upon the said document but it is submitted that no proper stamp duty is paid on the said instrument according to the law. The NM is opposed on the ground that said document cannot be handed over to the pltff but it can be impounded and sent to the Collectors Stamps for adjudication and stamping. Therefore as per the provisions of the sec. 33 of the Maharashtra Stamps Act, the document at sr no. 2 of list Exh. 10 is impounded and said document be sent to the Collectors Stamps for its proper valuation of Stamps along with penalty if any on the said instrument. In the interest of justice I pass the following order.
ORDER
1. NM No. 3843/19 is partly allowed to the extent that the document at sr no. 2 of list Exh. 10 i.e. original agreement for sale dt. 24/03/2000 is impounded and it be sent to the office of Collector Stamps for its corrected value along with penalty if any and the same is to be complied by the pltff. Registrar(Civil) to do the needful.
2. NM No. 3843/19 is disposed of accordingly.
Matter is adjd to 27/07/2022 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 01-04-2022
