Date: 21-01-2020
Business: Advocate D\''silva for Plaintiff present and filed registered NM.4475/19 t.o.r.
Advocate Smt. Dyna Sequeirra for defendants present and submitted that on next date reply to NM 4475/19 will be filed because the reply is ready but it is to be affirmed by Defendant No.1.
Advocate Shri. Veenit Sukumaran for Applicants present and tendered draft Chamber Summons for adding the applicants as Plaintiff Nos.2 and 3. Copy of Chamber summons served upon plaintiffs advocate as well as advocate of defendant No.1.
Advocate for Applicant filed Vakalatnama t.o.r.
Plaintiffs advocate has given his reply on Chamber Summons itself contending that plaintiffs has no objection to add applicants as plaintiffs. Advocate for defendants also gave same reply on chamber summons itself. Considering the fact that plaintiffs and defendants have no objection to add applicants as plaintiff Nos.2 and 3, draft Chamber Summons is made absolute in terms of prayer clause (a).
2. Plaintiff is directed to carry out proposed amendment in the plaint within stipulated time provided by law.
3. Draft Chamber Summons be registered for statistical purpose.
Case is adjourned to 05/02/2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Advocate Mr. D\''silva for Plaintiffs present and filed vakalatnama on behalf of Plaintiff no.2 and 3, t.o.r. Copy of amended plaint is served upon advocate for Defendant nos.1 to 5.
Advocate Ms.Sequeira for Defendant nos.1 to 5 present and filed reply to Notice of Motion no.4475/15, t.o.r. Copy served upon other side.
Case is adjourned to 23/03/2020 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Adjd to 15.01.2021 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2021
Date: 18-12-2020
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Adjd to 15.01.2021 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2021
Date: 15-01-2021
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv. Dsilva for plff. present.
Adv. Diana for deft. present.
K.B.
Order on NM No.4475/2019
Perused NM, reply filed thereto and heard both sides. The instant NM is for setting aside order dt.14.06.2018 of dismissal of NM No. 1886/2015 and restore the same with previous order dt. 06.05.2015 therein. The other side has taken objection on the grounds of limitation and maintainability. According to ld. advocate for the plaintiff the delay is due to the fact that the previous advocate did not attend the court and did not inform also to the plaintiff. The party should not be made to suffer for the inaction of his/her advocate. Therefore, NM is allowed in terms of prayer clause (a) and (b) subject to the cost of Rs.1,000/- payable to the defendant before next date. After payment of cost the NM No. 1886/2015 will be restored with all previous orders therein.
Cost of Rs. 1,000/- is paid in Court. Therefore, NM No. 1886/2015 is restored.
Adjd. to 05.05.2021 for NM No.1886/2015 Hearing.
Nature Of Disposal: ALLOWED
Disposal Date: 19-03-2021