Mrs. Rakhi Subhash Kulkarni - Suit St. No. 11031 of 2019VsMr. Imran Nayab H. Khan

Date: 18-11-2019
Business: Adv. Noman Jafri for plaintiff present and tendered original N/M No.4283/19 alongwith affd. t.o.r.
Representative of defendant present and filed reply to the N/M and documents on record alongwith authority letter. Reply is not supported by affd. of the deft. Hence, the representative of deft. is directed to submit affd. of deft. supporting the reply on next date.
the representative of deft. submitted by the plff. has not paid arrears of rent as assured to the court. Ld. counsel for the plff. submitted that father of plff. is expired. Therefore, she is not present today.  He will advise the plff. to comply by next date.
Earlier order to continue till next date.
Matter stands Adj for compliance / filing of affd. on 05.12.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Business: Adv. Jafari for plaintiff present.
Representative of defendant present.
Heard both sides. Representative of defendant is directed to comply the earlier order passed by the court.
Earlier order to continue till next date.
Matter stands Adj for Compliance to 16.12.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: Adv. Jafri for plaintiff present.
CA of defendant present and filed reply to NM no. 4283/19. Copy served on other side.
Earlier order to continue till next date.
Matter stands Adj for hearing on NM to 07.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: (Matter pertains to CR No. 03)
Adv. Jafari for plaintiff present.
Earlier order, if any, to continue till next date.
Matter stands Adj for NM hearing to 18.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Plaintiff present.
Adv. Jafari for plaintiff present and
Ahana Hirchandani, representative of defendant present.
Ld. counsel for plaintiff handedover the cheque no. 234347 dated 22.02.2020, drawn on Apana Sah. Bank ltd., Parel branch, to the representative of defendant. He further submitted that by this payment the plaintiff has paid the rent till 17/02/2020.
Representative of the defendant submitted that henceforth the plaintiff should pay the rent before 25th of every month positively.
Matter stands Adj for hearing on NM to 23.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Business: None present for plaintiff.
Adv.  Sachin Bansode for defendant present.
Matter stands Adj for Nm hearing to 28.10.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: Adv. Tarik Chaudari for plaintiff present.
Adv. S. K. Chaurasia for defendant present.
Ld. counsel for the deft submitted that the cheque submitted by the plaintiff has got bounced and arrears of due amount Rs. 2,68,000/- are unpaid till date. This court had granted interim relief to the plaintiff subject to conditions which are not obeyed by the plaintiff. Therefore, if the plaintiff fails to comply, the defendant will be required to take necessary action.
In view of the above, time granted to comply with the orders of the court as a last chance, failing which furthers orders would be passed.
Matter stands Adj for compliance and further orders to 10.11.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: Adv. Naman Jafri for plaintiff present.
Adv. S. K. Chaurasia for defendant present and tendered draft NM alongwith affidavit. Copy supplied to the Advocate for plaintiff. He also filed VP. Leave granted to register draft NM.
Earlier order to continue till next date.
By consent, matter stands Adj for reply to 18.12.2020.
Next Purpose: REPLY
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: Adv. Jafari for plaintiff present.
None present for defendant.
Earlier order, if any, to continue till next date.
Matter stands Adj for hearing on Nm to 15.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Advocate Noman Jafri for plaintiff present.
Advocate  S.K.Chaurasiya for defendant present and tendered registered Notice of Motion No.1916/20 along with affidavit in support of Notice of Motion. T.O.R.
KB at 2.00pm
LO at 2.40pm
Same appearance.
Advocate  for Plaintiff filed reply to NM No.1916/20 TOR and marked as Exh.5.
O-R and R.
KB
LO at 3.00 pm,
Same appearance.
Advocate for defendant sought time to file reply on plaintiff\''s NM. He undertakes to serve the reply on other side well in advance.
Earlier order is to be continued till next date.
With consent, the case is adjourned to 21.01.2021 at 12.00pm for NM reply/hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: Advocate Noman Jafri for plaintiff present
None for defendant
KB at 12.00pm
LO at 12.30pm
Advocate Jafri for plaintiff present.
Advocate Ms. Surbhi h/f adv. Sharma for defendant present.
KB
LO at 02.05pm
Same appearance.
Advocate for defendant seeks time.
Earlier order is to be continued till next date.
The case is adjourned to 02.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021

Date: 02-02-2021
Business: Advocate Noman Jafri for plaintiff present.
None for defendant.
Earlier order is to be continued till next date.
The case is adjourned to 25.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: None for Plaintiff.
Advocate S.K.Chaurasiya for defendant present and submits that Plaintiff has  vacated the Suit premises without paying arrears.
Plaintiff shall get the suit registered on or before next date.
The case is adjourned to 09.04.2021  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: Matter called out at 3.49 p.m.
None present for plaintiff.
Adv. Surbhi Soni I/b Manish G. Varma for Deft.No.2 present.
It appears from the record that since long, plaintiff is avoiding to remove the office objections and to register the suit.  The defendant on 25.02.2021 and also today made specific statement that the plaintiff handed over the possession of the suit premises.   The main prayer of the plaintiff is to declare him that he is entitled to use and occupy the premises.   Thus, it appears that suit become infructuous and the plaintiff is not interested in proceeding with the suit. Hence, Suit is dismissed for want of prosecution.
All interim application are disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 08-10-2021

Filing Number: 112544/2019
Filing Date: 18-11-2019
First Hearing Date: 18th November 2019
Decision Date: 08th October 2021
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE