Date: 07-12-2019
Business: Adv. Chattiyar for plaintiff present and filed original NM 4644/19 supported be affidavit. He also filed affidavit of service of NM no. 4644/19.
Adv. Archana Venkatrama for defendant no.5 present and filed VP. She submitted that she has not received the copy of writ of summons alongwith copy of plaint and NM.
Vakalatnama filed on behalf of defendant no. 5.
Ld. counsel for plaintiff submitted that defendant no. 1 to 3 were served on 04.12.2019 and defendant no. 4 is also served on the same date as per affidavit of service filed on record today. He further submitted that defendant no. 5 is served with plaint and NM on 06.12.2019 as per track report of post office.
The Ld. counsel for plaintiff pressed for urgent hearing on grant of interim relief.
In view of the above submissions, Keep the matter in afternoon session for urgent hearing on interim relief.
Later on at 3.20 pm
Adv. Rakesh Agrawal for plaintiff present.
Adv. Saroj for the defendant no. 1 to 3 present and filed VP.
Vakalatnama filed on behalf of defendant no. 1 to 3.
Adv. Divya Yogi for defendant no.4 present and filed VP
Vakalatnama filed on behalf of defendant no.4.
Adv. Archana Venkatrama for defendant no.5 present.
Ld. counsel for plaintiff pressed for passing ad-interim order with reference to prayer clause (a) to (c), as per prayer clause (d).
Heard Ld. counsel for plaintiff and Ld. counsel for defendant no. 1 to 3 on ad-interim relief in respect of prayer clause (c) of NM no. 4644/19. Matter stands Adj for order on ad-interim relief as per prayer clause (c) of NM no. 4644/19 to 09.12.2019.
Further
Ld. counsel for defendants sought time to file reply to the NM. Their request will be considered on the next date 09.12.2019.
Next Purpose: ORDER
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: Adv. Rakesh Agrawal for plaintiff present.
Adv. Vijay Singh for defendant no. 1 to 3 present.
Adv. Jisan Sayyad for defendant no. 4 present.
Adv. Archana Venkatraman defendant no. 5 present.
FRSR following order is passed on NM no. 4644/19 regarding ad-interim relief in terms of prayer clause (c)
ORDER
1. Ad-interim protection in terms of prayer clause (c) is granted to the plaintiff.
2. The defendant no.1 to 3 are hereby directed not to execute any document or enter into any agreement or create third party interest in respect of suit premises i.e. suit flat no. 201 and 202, Tower no. T-07 in the building known as Godrej Prime, Road no. 1, Shell Colony, Chembur(E), Mumbai-400071, till court hears the motion and decide the same on merits.
3. Ld. counsel for plaintiff and defendants no. 1 to 3 to note the above order for their information and communicate the same to the defendants for necessary compliance on their part.
Ld. counsel for defendants orally sought time to file reply to NM.
Heard both sides regarding grant of time to file reply.
In view of the submissions made by the counsels for the defendants, time granted to the defendants no. 1 to 5 to file reply to the NM by 16.12.2019. Thereafter, plaintiff can file rejoinder, if any, by 18.12.2019. Ld. counsel for plaintiff submitted that if the defendants are unable to file reply to NM on 16.12.2019, he may be given liberty to argue on ad-interim relief as per prayer clause (a) and (b) of the NM. His oral request is granted.
Matter stands adjn for filing reply to NM by defendant no.1 to 5 on 16.12.2019.
Next Purpose: REPLY
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Court is busy in dictating Judgment in suit no. 76/18 and order in suit no. 226/18. Hence, Board is discharged.
Matter stands Adj for NM reply to 05.02.2020.
Later on at 3.30 pm
Adv. Rakesh Agrawal for plaintiff present.
Adv. Kadam for defendant no. 4 present and filed reply to NM no. 4644/19. Copy served on plaintiff.
Ld. counsel for plaintiff is directed to communicate the change in roznama sheet to the Ld. counsel for defendants.
Earlier order to continue till next date.
Matter stands Adj for NM reply to 18.12.2019.
Next Purpose: REPLY
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Adv. Rakesh Agrawal for plaintiff present.
Adv. Vijay Singh for defendant no. 1 to3 present and filed reply to NM no. 4644/19.
Adv. Nikhil Wabale for defendant no.4 present.
Adv. Archana Venkatraman for defendant no. 5 present.
Ld. counsels for plaintiff and defendant no. 1 to 3 submitted that there is a possibility of settlement between the parties.
Earlier order to continue till next date.
Hence, Matter stands Adj for settlement or NM hearing to 19.12.2019
Next Purpose: SETTLEMENT
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. Agrawal for plaintiff present and filed rejoinder to reply of defendant no.1 to 3. Copy of rejoinder supplied to defendant. He orally prayed to expedite the hearing of NM.
Adv. Vijay Singh for defendant no. 1 to 3 present.
Adv. Divya Tyagi for defendant no. 4 present.
Adv. Archana Venkatraman for defendant no. 5 present.
Earlier interim order to continue till next date.
Matter stands Adj for hearing on NM to 15.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Adv. Rakesh Agrawal for plaintiff present.
Adv. Vijay Singh for defendant no. 1 to 3 present
Adv. Sishant Sayyad for defendant no. 4 present.
Adv. Venkatraman for defendant no. 5 present.
Partly heard Ld. counsel for plaintiff on NM no. 4644/19.
Earlier order to continue till next date.
For want of time, matter stands adjourned for further hearing on NM to 21.01.2020 at 4.00 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Adv. Rakesh Agrawal for plaintiff present.
Adv. Sayyad for defendant no. 4 present.
Adv. Archana Venkatraman for defendant no. 5 present.
Court is busy in dictating Order in st. 2388/19. Hence, board is discharged.
Earlier order to continue till next date.
Hence, Matter stands Adj for Hearing to 06.02.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Adv. Agrawal for plaintiff present.
Defendant no. 1 present in person and sought adjournment on the ground that his advocate busy in another matter. Adjournment granted as last chance.
Adv. Archana Venkatraman for defendant no. 5 present.
Earlier order to continue till next date.
Matter stands Adj for hearing on NM to 13.02.2020 at 4.00 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv. Rakesh Agrawal for plaintiff present.
Adv. Vijay Singh for defendant no. 1 to 3 present.
Adv. Zeeshan Syed for defendant no. 4 present.
Adv. Archana Venkataraman for defendant no. 5 present.
Heard both sides on NM no. 4644/19.
Earlier order to continue till next date.
Matter stands Adj for order on NM no. 4644/19 to 26.02.2020.
Next Purpose: ORDER
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Plaintiff present.
Mr. Darpan Jain, representative of advocate of plaintiff present.
Defendant no. 1 and 5 present.
Earlier order to continue till next date.
Court is busy in hearing final argument in suit no. 6266/05 and 6636/05.
Matter stands Adj for order to 28.02.2020.
Next Purpose: ORDER
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Neeraj Agrawal, Son of plaintiff present.
Adv. Chetiyar for plaintiff present.
Defendant no. 1 present.
Ravindra Roghe, representative of defendant no. 5 present.
FRSR following order is passed on NM no. 4644/19
ORDER
Notice of Motion No.4644/2019 is partly allowed as under -
1. The alternative prayer of the plaintiffs vide prayer clause (b) and prayer clause (c) of the notice of motion are hereby allowed and interim relief/protection granted on 09.12.2019 is hereby confirmed.
2. Court Receiver, High Court Bombay is hereby appointed to take possession of the Suit premises i.e. alternative accommodation bearing flat no.201, admeasuring 650 sq. ft. carpet area, and flat no.202, admeasuring 400 sq.ft carpet area, in the Tower No. T-7, in the building known as \''Godrej Prime\'', Road No.1, Shell Colony, Chembur(E), Mumbai 400 071, as per Order 40 Rule 1 of CPC, during pendency of Suit.
3. After taking possession of the suit premises, the Court Receiver is directed to appoint plaintiff no.2 as his agent, by executing necessary Agency Agreement, and to hand over possession of the suit premises to plaintiff no.2 without surety and without royalty, on usual terms and conditions.
4. After the Agency Agreement is executed, the plaintiff no.2 shall submit an undertaking to this Court that she will abide by the terms and conditions of the Agency Agreement, during pendency of the Suit.
5. The Court Receiver shall submit Report of compliance to this Court after he has handed over possession of the suit premises to plaintiff no. 2 as his agent.
Sheristedar of this Court is directed to give authenticated copy of today\''s Roznama to the Ld. Counsel for the plaintiff for information and for communicating the same to the Court Receiver for information and compliance.
Notice of Motion stands disposed of accordingly.
Matter stands Adj for filing WS to 24.03.2020.
Nature Of Disposal: ALLOWED
Disposal Date: 28-02-2020