Date: 22-11-2019
Business: Adv. Pande for plaintiff present, he tendered registered NM 4297/19 along with affidavit in support..
Adv.Pooja Narvekar for defendant 1 and 2 present.
Adv.Mangal Kadam for defendant No.4 present.
Adv.Ms.Chandramore for BMC/deft/No.5 and 6 Present.
Matter adjd for ad-interim hearing to 26.11.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: Adv.Charturvedi I/b adv. A.A.Pandey for plaintiff present, he tendered affidavit of service on defendant No.3 is not duly served.
Adv.Neha Pandey for defendant No.1 and 2 is present.
Adv.Satamkar h/f Adv. Mangal Kadam for defendant No.4 is present.
Adv.Ms.Chandramore for BMC/deft/No.5 and 6 is Present.
Heard argument of advocate of plaintiff and defendant No. 5 and 6.
On request of advocate of defendant No. 1 and 2 matter is adjd for 27.11.2019. at 2.45pm
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-11-2019
Date: 27-11-2019
Business: Adv.A.A.Pandey for plaintiff present.
Adv.Ashok Sarogi for defendant No.1 and 2 is present.
Heard argument of advocate of plaintiff and defendant.
order
1.By this notice of motion, plaintiff has prayed for residential premises admeasuring 325 Sq. Ft. Carpet area on the front side of Flat No.2 on the 16th Floor in the newly constructed building approved/certified by MHADA/MCGM and for appointment of Court Receiver, High Court, Bombay in respect of said premises and for the restraining the defendants, their agents, servants from dealing with, disposing or creating any third party interest in the said property for depositing the arrears of rent as per Exh-R annexed to the plaint and for restraining defendants from carrying out any further construction on the suit property.
2.Heard learned Advocate for plaintiff and defendant Nos.1 and 2.Perused the plaint and reply filed by Advocate of defendant Nos.1 and 2 alongwith documents submitted by both the sides.Learned Advocate for defendant Nos.1 and 2 submitted that developer has not given possession to any of the tenant in the constructed building and as per page No.64 of the plaint i.e. letter addressed by defendant No.1 in respect of the complaint against him by the tenant building situated at 42-48 Underia Street, Chowky Mohalla, Mumbai, Flat Nos.101, 201, 301, 401 and 601 will not be alloted to any person till the disposal of suit. In view of the submissions made on behalf of Advocate of plaintiff and defendant Nos.1 and 2, I am of the opinion that at this stage plaintiff is entitled for relief as mentioned in para c of notice of motion to the extent of flat Nos. 101, 201, 301, 401 and 601. If the relief as sought in para a of the notice of motion is granted at this stage, it will amount to grant of final relief in the suit. Hence, I pass following order.
ORDER
1)Ad-interim relief in respect of of prayer clause c is granted to the extent of flat Nos. 101, 201, 301, 401 and 601 in the constructed building.
2)Plaintiff to comply O-XXXIX , Rule-3 of Code of Civil Procedure.
3)Authenticated copy of Roznama be provided to the plaintiff and defendant Nos.1 and 2. Matter adj for compliance to 13.01.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Adv.M.S.Ansari for Plaintiff is present.
Adv. Pooja Narvekar for defendant no.1 and 2 is present tendered written statement (Exh-5) T.O.R
Copy served to the plaintiff advocate.
Matter is adjd. for N/M reply to 05/02/2020 .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Court is busy in hearing of suit no. 2932/2019, 2933/2019, 2934/2019, 2714/2019, 2715/2019, 2726/2019, 2727/2019, 2728/2019 and 3143/2019 and dictating judgment in Suit no.750/2018. Hence, board is discharged.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjd. for N/M reply to 09/03/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2020
Date: 28-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: None present for plaintiff.
None present for defendant.
Matter is adjd. to 01.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv. M. S. Ansari for the plaintiff
Adv. Ravindra Singh for the defendants No.1 and 2.
Adv. Mangal Kadam for the defendants No.4 and 5.
KB
L.O.
List of documents filed by advocate for the plaintiff. t.o.r.
Heard ld. advocate for the plaintiff and defendants No.4 and 5.
On the request of the ld. advocate for the defendants No.1 and 2, matter is adjd. to 02/03/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv. S. Ansari for the plaintiff
Adv. Sarogi for the defendants No.1 and 2.
Adv. Mangal Kadam for the defendants No.4 and 5.
Heard ld. advocate for the defendants No.1 and 2.
Matter is adj. to 03/03/2021 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Adv. S. Ansari for the plaintiff
Adv. Sarogi for the defendants No.1 and 2.
Adv. Mangal Kadam for the defendants No.4 and 5.
F R S R following order is passed:
O R D E R
1. Notice of Motion No.4299 of 2019 is dismissed.
2. Costs shall costs in the cause.
3. Notice of Motion No.4299 of 2019 is accordingly disposed of.
Nature Of Disposal: DISMISSED
Disposal Date: 03-03-2021
