Order Details: Copy of Judgment Pdf Text: MHCC010116522019 Received on :: 15.11.2019 Registered on :: 16.11.2019 Decided on :: 02.08.2023 Duration :: Y-03:M-08:D-17: Exhibit :: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISC. APPEAL NO.168 OF 2019 M/s. Hickson & Dadajee Pvt.Ltd., Shree Pant Bhavan, Sandhurst Bridge, Mumbai – 400 007. ... Appellant Versus 1. Estate Officer, The New India Assurance Co.Ltd., The New India Assurance Building, 4th Floor, M.g.Road, Fort, Mumbai – 400 001. 2.…
M/s. Hickson and Dadajee Pvt. Ltd.VsThe Estate Officer +1 more
TrustJury record updated 23 Sept 2026
Case Overview
- Registration Number
- 100168/2019
- Registration Date
- 16 Nov 2019
Advocates
2For Petitioner
For Respondent
Parties
3Petitioner
Acts & Sections
1Case History / Proceedings
Case History
Date: 18-11-2019
Business: Adv. Zubin Dalal for appellant present.
None for respondent no.1.
Adv. V. Y. Sanglikar for respondent no.2 present.
Stay application filed by advocate for appellant. TOR.
Copy served to other side.
Advocate for respondent no.2 submitted that he would argue on Exh.2 without filing reply.
Adjd for hearing on Exh.2 to 19.11.2019.
Next Purpose: HEARING
Next Hearing Date: 19-11-2019
Date: 19-11-2019
Business: Adv. Dalal for appellant present.
Adv. Sanglikar for respondent present.
Heard rival submissions on stay application.
Adjd for Order on Stay application Exh.2 to 20.11.2019.
Next Purpose: ORDER
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Adv. Radhika Warerkar for appellant present.
Adv. Vaishali Ugle for respondent No.2. present.
FRSR following order is passed Exh.2.
ORDER
The Execution of impugned order dated 07.11.2019 passed by respondent No.1 is hereby stayed during the pendency of this appeal, subject to furnishing of bank guarantee of Rs.1 Crore of any nationalized bank, by the appellant, within the period of 2 months from the date of this order.
Call R and P.
Adjd for Compliance to 21.01.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-01-2020
Date: 02-01-2020
Business: By precipe the case is mentioned by
Adv. Radhika Warerkar a/w Adv. V. R. Joshi for appellant is present.
None present for respondent No.1.
Adv. Vaishali Ugale i/b Adv. V. Y. Sangalikar for respondent No.2 is present and submits that Adv. Sanglikar is not available today. Hence mutually adjourned to 03.01.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: Adv. Radhika Warerkar a/w Adv. V. R. Joshi for appellant present.
None present for respondent No.1.
Adv. V. Y. Sangalikar for respondent No.2 is present.
Mutually adjourned to 06.01.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Adv. Radhika Warerkar for appellant is present.
None present for respondent No.1.
Adv. V. Y. Sangalikar for respondent No.2 is present.
Order on precipe dt.02.01.2020.
Heard both the sides on precipe dt.02.01.2020.
By precipe dt.02.01.2020 the appellant is seeking a modification in the terms of draft Bank Guarantee given by the department.
By order dt.20.11.2019 the execution of impugned order dt.07.11.2019 is stayed on furnishing bank guarantee of Rs.1 Crore of the nationalized bank by the appellant. It is contended by the advocate for appellant that the bank is not agreeable for a bank guarantee for uncertain period. Therefore she submit that the draft of bank guarantee be modified and bank guarantee for specific period be directed to be accepted.
Ld. Adv. for respondent No.2 apprehends that in case of appellant fails to renew on expiry of bank guarantee on a particular date, the department will not be able to encash it after expiry.
To avoid controversy, advocates for both the parties mutually agreed that instead of furnishing bank guarantee, the appellant will deposit the amount of Rs.1 Crore in Court. Hence this order.
In view of this the following order is passed.
ORDER
1. Instead of furnishing Bank Guarantee, the appellant to deposit the amount of Rs.1 Crore in the Court within stipulated time mentioned in the earlier order dt.20.11.2019.
2. On depositing the amount by the appellant, the office shall invest the said amount in any Nationalized Bank initially for a fix period of six months and continue to renew the same for further period of six months till further order.
3. Accordingly the precipe is disposed off.
Adjourned to 03.02.2020 for R and P and Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Adv. Radhika Warerkar for appellant is present.
Adv. Rohini Bhadhavkar i/b Adv. V. Y. Sangalikar for respondent is present.
At the request of advocate for respondent, adjourned to 05.03.2020 for original R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Adv. Radhika Warerkar for appellant is present.
Adv. V. Y. Sangalikar for respondent is present and filed R and P in sealed condition. TOR.
Copy of R and P served to other side.
Adjourned to 03.04.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Business: Both sides absent.
Due to COVID-19, adjourned to 31.10.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 03.12.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: Mr. Sandesh Bane, Registered Clerk of Adv. R. V. Varerkar for appellant present.
Adv. V. Y. Sanglikar for respondent present and files application for withdrawal of amount. TOR and marked as Exh.3.
Copy of application served to clerk to advocate of appellant.
Advocate of appellant is directed to file reply on next date.
Adjourned to 17.12.2020 for Reply to Exh.3.
Next Purpose: REPLY
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: Adv. Radhika Warerkar for appellant is present.
Adv. V. Y. Sanglikar for respondent is present.
Advocate for appellant filed reply to application (Exh.3). TOR and marked as Exh.3-A.
Since the matter is fixed for final hearing in the first week of February, no orders are passed on Exh.3 at this stage.
The respondent shall be at liberty to press Exh.3, if the appeal is not decided in the month of February.
Adjourned to 04.02.2021 for Final Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Ld. counsel Mr. Zubin Dalal a/w Adv. Radhika Warerkar for appellant is present.
Ld. counsel Mr. V. Y. Sangalikar for respondent is present.
Ld. counsel for appellant seeks time to take instruction as to whether the appellant would intend to take out an application to keep the present proceedings in abeyance until the reference in Suhas Pophale is decided. It is made clear that if such an application is not filed on next date it would be considered that appellant is ready to go on with the matter on merits.
Adjourned to 08.02.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv. Zubin Dalal a/w Adv. Radhika warerkar and Adv. v. R. Joshi for appellant present.
Adv. V. Y. Sangalikar for respondent is present.
Advocate for appellant files draft notice of motion to keep the present proceeding in abeyance until the reference made by the Honble Supreme Court and seeks leave to register NM. Leave is granted to register notice of motion.
Adjourned to 18.02.2021 for Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv Zubin Dalal a/w Adv. Radhika Warerkar for appellant present and tendered original registered notice of motion no.383 of 2021.
Adv. V. Y. Sangalikar for respondent is present and files reply. TOR and marked as Exh.4.
Advocate for appellant files rejoinder to reply of respondent. TOR and marked as Exh.5.
Advocate for appellant files compilation of judgments and orders. TOR and marked as Exh.6.
Advocate for appellant also files photocopy of compilation of documents. TOR and marked as Exh.7.
Adjourned to 04.03.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Ld. counsel Mr. Zubin Dalal a/w Adv. Radhika Warerkar for appellant present.
Adv. V. Y. Sangalikar for respondent is present.
At the request of advocate for appellant, adjourned to 31.03.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Ld. counsel Mr. Zubin Dalal a/w Adv. Radhika Warerkar for appellant present.
Adv. Mr. V. Y. Sangalikar for respondents is present and files compilation of orders/citation in notice of motion no.383/21. TOR and marked as Exh.8.
Heard both the sides on notice of motion.
Adjourned to 09.04.2021 for Order on NM.
Next Purpose: NM ORDERS
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: None present for appellant.
None present for defendant.
F.R.S.R. Following order is passed on NM.
ORDER
Notice of Motion No.383 of 2021 is dismissed.
Adjourned to 07.06.2021 for Further Hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Business: Ld. counsel Mr. Zubin Dalal a/w Adv. Radhika Warerkar for appellant present.
None present for respondent.
Due to Covid-19, adjourned to 01.07.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: Adv. Radhika Warerkar for appellant is present.
Adv. V. Y. Sangalikar for respondent is present.
Advocate for applicant submits that Ld. counsel for appellant Mr. Zubin Dalal is infected with COVID-19 and seeks adjournment.
Adjourned to 04.08.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: Ld. counsel Mr. Zubin Dalal i/b Adv. Radhika Warerkar for appellant present.
Adv. Shital Ekawad h/f Adv. V. Y. Sangalikar for respondent present.
It is submitted that advocate for respondent is held up before the Honble High Court, as such adjourned to 06.09.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Ld. counsel Mr. Zubin Dalal a/w Adv. Radhika Warerkar for appellant present.
Adv. V. Y. Sangalikar for respondent is present.
By consent, matter is adjourned to 14.10.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Ld. counsel Mr. Zubin Dalal for appellant is present.
Adv. V. Y. Sangalikar for respondent is present.
By consent, adjourned to 12.11.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Ld. counsel Mr. Zubin Dalal a/w Adv. Radhika Warerkar for appellant present.
Adv. V. Y. Sangalikar for respondent is present.
Both side submits that they would file their brief written submissions on next date and concludes their arguments too.
Adjourned to 17.12.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv. Radhika Warerkar for appellant is present.
Adv. V. Y. Sangalikar for respondents is present.
At the request of appellant, matter is adjourned on 18.01.2022 for Arguments with direction that appellant shall proceed on the next date without fail.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: None present for the appellant.
Adv. Mr. V. Y.Sangalikar for respondent No.2 is present.
Appeal is filed against the order of Estate Officer,
Respondent No.2 has filed an application vide Exh.3 for seeking the permission to withdraw the amount of Rs. 1 Crore which is deposited by the appellant as a condition for stay. Appellant filed reply vide Exh.3A and objected the application. Roz. dt. 17.12.2020 shows that this Court has specifically mentioned that appeal is to be heard on or before February, 2021. Today, appellant as well as Advocate are absent. As per Ronama. dt. 17.12.2020 appellant has not proceeded with the appeal, neither argued application(Exh.3). Toady, Ld. adv for respondent No.2 is present. In the circumstances, appellant to argue the matter and co-operate to decide the appeal on or before 15.2.2022.
Matter is kept on 25.1.2022 for hearing on Exh.3.
Next Purpose: HEARING
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Radhika Warerkar for appellant is present.
Adv. V. Y. Sangalikar for respondent No.2 is present.
Heard both the sides on application (Exh.3).
Adjourned on 27.01.2022 for Order on application (Exh.3).
Adjourned to 11.02.2022 for Arguments.
Next Purpose: ORDER
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
None present for appellant.
None present for respondent.
F.R.S.R. Following order is passed on application (Exh.3).
ORDER
1. Application Exh.3 is allowed.
2. Respondent No.2 is permitted to withdraw the amount of Rs.1 Crore (Rs.One Crore Only) subject to outcome of the appeal.
3. Respondent No.2 shall deposit the said amount in the Court as and when required and directed by this Court.
4. Respondent No.2 shall deposit the amount immediately after the disposal of the appeal if appeal is decided in favour of the appellant.
Already adjourned on 11.02.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Ld. counsel Mr. Zubin Dalal a/w Adv. Radhika Warerkar for appellant is present.
Adv. V. Y. Sangalikar for respondent is present.
Appellant files written submissions. TOR and marked as Exh.9.
Respondent seeks time to file written submissions.
Adjourned on 10.03.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Radhika Warerkar for appellant is present.
Adv. V. Y. Sangalikar for respondent No.2 is present.
Ld. Adv. for the appellant submitted that Adv. Dalal is busy and unable to attend the court. Written Submissions are already filed on record. Hence last chance is granted.
Adjourned on 07.04.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Ld. counsel Mr. Zubin Dalal a/w Adv. Radhika Warerkar for appellant is present.
Adv. V. Y. Sangalikar for respondent is present.
By consent, adjourned on 10.06.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: COURT IS VACANT.
Mr. Suresh Gangal, CA of appellant is present.
None present for respondent.
Adjourned on 28.06.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: COURT IS ON LEAVE.
Adv. Radhika Warerkar for appellant is present.
Adv. Vaishali Ugale h/f Adv. V. Y. Sangalikar for respondent is present.
Adjourned on 15.07.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Mr. Zubin Dalal a/w. Adv. Ms. Radhika Warerkar for Appellant present.
Adv. Mr. V. Y. Sanglikar for respondent present.
As Court is busy hearing further arguments in Misc. Appeal No.98/2009, hence, matter is adjd. to 12.08.2022 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Radhika Warerkar for appellant present.
Adv. V. Y. Sangalikar for respondent present.
Adjourned on 16.09.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Radhika Warerkar for appellant present.
Adv. Vaishali Ugale h/f Adv. V. Y. Sangalikar for respondent present.
Requested for time. Time granted.
Adjourned on 14.10.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Zubin Dalal for appellant present.
Adv. V. Y. Sangalikar for respondent present.
Adjourned on 18.11.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Ld. counsel Mr. Zubin Dalal a/w Adv. Radhika Warerkar for appellant present.
Adv. V. Y. Sangalikar for respondent present.
Adjourned on 03.12.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Shailesh Salvi h/f Adv. Radhika Warerkar for appellant present.
Adv. V. Y. Sangalikar for respondent present.
Adjourned on 07.12.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Ld. counsel Mr. Zubin Dalal a/w Adv. Radhika Warerkar for appellant is present.
Adv. V. Y. Sangalikar for respondent is present.
Adjourned on 12.01.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Ld. counsel Mr. Zubin Dalal a/w Adv. Radhika Warerkar for appellant is present.
Adv. Vaishali Ugale h/f Adv. V. Y. Sangalikar for respondent present.
By consent, matter is adjourned on 07.02.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: COURT IS ON LEAVE TODAY.
Ld counsel Mr. Zubin Dalal i/b Rahika Warerkar for appellant present.
Adv. Vaishali Ugale h/f Adv. V. Y. Sangalikar for respondent present.
Adjourned on 08.03.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: CORAM - HIS HONOUR I/C ADDITIONAL JUDGE,
SHRI. A. K. LAHOTI (C.R. No.26)
(Matter pertains to C.R. No.19)
Ld. counsel Mr. Zubin Dalal a/w Adv. Radhika Warerkar for appellant is present.
Adv. V. Y. Sangalikar for respondent is present.
P.O. is on leave today, matter is adjourned on 13.04.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Ld. counsel Mr. Zubin Dalal i/b Adv. Radhika Warerkar for appellant present.
Adv. V. Y. Sangalikar for respondent is present.
Ld. counsel for respondent pointed out that the issue of Suhash Pophale is for consideration in this matter and considering the same the aspect of any further evidence in that regard would be required to be considered. The Ld. counsel for the appellant submits that the evidence as regard this issue is already on record and no further evidence would be required. The Ld. counsel for opponent and that of respondent also has no further evidence on this issue. Considering the said it will fix up the matter for final hearing.
By consent fixed on 16.06.2023 and 17.06.2023 for Final Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-06-2023
Date: 16-06-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Ld. counsel Mr. Zubin Dalal a/w Adv. Radhika Warerkar for appellant is present.
Adv. V. Y. Sangalikar a/w Adv. Vaishali Ugale for respondent is present.
Heard final arguments of Adv. Dalal for appellant.
Partly heard final argument of Adv. Sangalikar for respondent.
Adjourned on 20.06.2023 at 12.30pm for Further Arguments of Respondent.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Radhika Warerkar for appellant is present.
Adv. V. Y. Sangalikar a/w Adv. Vaishali Ugale for respondent is present.
Partly heard further final arguments of Adv. Sangalikar for respondent.
Adjourned on 21.06.2023 at 12.30pm for Further Arguments of Respondent.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Radhika Warerkar for appellant is present.
Adv. V. Y. Sangalikar for respondent is present.
Partly heard further arguments of advocate for respondents.
Matter is adjourned for further arguments of respondents to 22-06-2023 at 12.30.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Ld. counsel Mr. Zubin Dalal i/b Adv. Radhika Warerkar for appellant present.
Adv. V. Y. Sangalikar for respondent is present.
At the request of advocate for respondent, matter is adjourned on 27.06.2023 at 12.30pm for Further Arguments of Respondent.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 27-06-2023
Date: 27-06-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Radhika Warerkar for appellant is present.
Adv. V. Y. Sangalikar a/w Adv. Vaishali Ugale for respondent is present.
Partly heard further final arguments of Ld. Counsel Mr. Sangalikar for respondent.
As court time is over, matter is adjourned on 01.07.2023 at 01.00pm for further arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 01-07-2023
Date: 01-07-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Radhika Warerkar for appellant is present.
Adv. V. Y. Sangalikar for respondent is present.
Partly heard further final arguments of Adv. Sangalikar for respondent.
Adjourned on 03.07.2023 at 11.00am for Further Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: HHPJ HAS BEEN TO CITY CIVIL COURT AT DINDOSHI FOR ADMINISTRATIVE WORK.
Adv. Radhika Warerkar for appellant is present.
Adv. V. Y. Sangalikar for respondent is present.
Adjourned on 06.07.2023 for Further Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 06-07-2023
Date: 06-07-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Ld. counsel Mr. Zubin Dalal a/w Adv. Radhika Warerkar for appellant present.
Adv. V. Y. Sangalikar for respondent present.
Heard further final arguments of Adv. Sangalikar for respondent.
Also heard reply arguments.
Adjourned on 12.07.2023 for Further Reply Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Shailesh Salvi h/f Adv. Radhika Warerkar for appellant present.
Adv. V. Y. Sangalikar for respondent is present.
Adjourned on 13.07.2023 at 01.00pm for Reply Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Shailesh Salvi h/f Adv. Radhika Warerkar for appellant present.
Adv. V. Y. Sangalikar for respondent present.
Adjourned on 26.07.2023 for Reply Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
None for appellant.
Adv. Vaishali Ugale h/f Adv. V. Y. Sangalikar for respondent present.
Adjourned on 28.07.2023 for Judgment.
Later on
Adv. Radhika Warerkar for appellant present.
Next Purpose: JUDGMENT
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
None for appellant.
Adv. Vaishali Ugale h/f Adv. V. Y. Sangalikar for respondent present.
No further arguments.
Adjourned on 01.08.2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
None for appellant.
Adv. V. Y. Sangalikar a/w Adv. Vaishali Ugale for respondent present.
Kept back at 03.00pm
Later on
Same appearance.
Adjourned on 02.08.2023 at 03.00pm for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 02-08-2023
Date: 02-08-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
None for appellant.
Adv. Vaishali Ugale h/f Adv. V. Y. Sangalikar for respondent present.
Judgment pronounced in open court.
Exh.10 - Judgment.
F.R.S.R. Following order is passed.
ORDER
1. Misc Appeal No.168 of 2019 is allowed.
2. Order passed by the learned Estate Officer in Case No.0014 and 0014A of 2013 dated 07.11.2019 is hereby set aside.
3. Record and Proceedings be sent back to the defendants.
4. Misc. Appeal No.168 of 2019 is disposed off accordingly.
Advocate for respondent submits that stay be granted for withdrawal of damages. Respondent to serve notice of their request of withdrawal of damages and same shall be considered at that time.
Later on
Adv. Radhika Warerkar for appellant present.
Nature Of Disposal: ALLOWED
Disposal Date: 02-08-2023Additional Case Details
Additional Case Details
Filing Number: 112458/2019 Filing Date: 15-11-2019 First Hearing Date: 18th November 2019 Decision Date: 02nd August 2023 Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
Orders
3Order Details: Order below exhibit Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER BELOW EXHIBIT NO.2 IN MISCELLANEOUS APPEAL NO.168 OF 2019 IN CASE NO.0014 & 0014A OF 2013 M/s. Hickson & Dadajee Private Limited, ) Shree Pant Bhavan, Sandurst Bridge, ) Mumbai – 400 007. )...Appellant. V/s. 1. The Estate Officer, ) The New India Assurance Company Ltd., ) having its heard office at the New India ) Assurance Building, 87, Mahatma Gandhi Road, ) Fort,…
Order Details: Order below exhibit Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER BELOW EXHIBIT NO.2 IN MISCELLANEOUS APPEAL NO.168 OF 2019 IN CASE NO.0014 & 0014A OF 2013 M/s. Hickson & Dadajee Private Limited, ) Shree Pant Bhavan, Sandurst Bridge, ) Mumbai – 400 007. )...Appellant. V/s. 1. The Estate Officer, ) The New India Assurance Company Ltd., ) having its heard office at the New India ) Assurance Building, 87, Mahatma Gandhi Road, ) Fort,…
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