Date: 18-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2020
Date: 18-12-2019
Business: None present for Plaintiff.
Advocate Ms. Anushka Nagpal for Defendant nos.1a and 2 present and submitted that she is intending to file Notice of Motion to challenge the report prepared by structural engineer. On perusal of order passed by Hon\''ble High Court on 04/10/2019 in AO (st) no.26921/19 which was later on registered as AO no.936/19. Defendants advocate pointed out that she is not challenging report prepared by structural engineer appointed by Hon\''ble High Court but she is intending to challenge structural engineer report dated 27/08/2019 and said structural engineer was appointed by this court. Any how, as the matter is pending before Hon\''ble High Court in AO no.936/19, it will not be better on the part of this court to create any more complications at this stage. Hence, leave can not be granted for registering the Notice of Motion as prayed by Defendant nos.1a and 2.
Advocate for Defendant nos.1a and 2 submitted that she is intending to file another Notice of Motion for directions to Plaintiffs to remove Water tanks, pumps, etc from Defendant\''s private open terrace and further Defendant nos.1a and 2 are intending to seek relief of permanent injunction against Plaintiffs for restraining them from repeatedly filing false and frivolous applications, Notice of Motion, complaints etc in respect of their occupying flats at Noor Mansion. In respect of the prayer for permanent injunction, it is made clear that as an interim relief, no permanent injunction can be granted because permanent injunction is always to be obtained by decree, hence leave can not be granted about filing Notice of Motion for such prayer. Further the prayers in respect of removing the water tanks are already referred in previous Notice of Motions. In such circumstance, I find that leave can not be granted to register both Notice of Motions.
K.B. as matter is fixed at 2.45 p.m. for NM hearing.
L.O.
Advocate Mr. J. K. Mashter for Plaintiff present and filed registered Notice of Motion no.4736/2019 with affidavit in support, t.o.r. He also filed written notes of arguments about NM no.3267/19, t.o.r. Copy served upon advocate for Defendant no.1a and 2 who submitted that on next date he will file written notes of arguments.
Advocate for Defendant no.1a and 2 present and filed reply to NM no.4736/19, t.o.r. Defendants advocate submitted that short date may be given for arguments in respect of nm No.4736/819.
Advocate for Plaintiff submitted that he is intending to argue the Notice of Motion, however as parties to this suit are taking out so many Notice of Motions in the matter, it seems that parties are interested in decision of Notice of Motion only rather than decision of final suit. It is made clear that, all the Notice of Motions will be decided by the Court by giving fair opportunities to the parties.
Case is adjourned to 03/01/2020 for filing written notes of arguments in respect of NM no.4736/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2020
Date: 18-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: Advocate Mr. J. K. Mashter for Plaintiff present
Advocate Mr. Ajit Manvani for Defendant no.1a and 2 present and submitted that he is going to file his written notes of arguments in respect of pending NM except Notice of Motion no.1427/13 today.
Advocate Ms. Riddhi for Defendant no.3 and 4 present
Advocate for Plaintiff filed written notes of arguments in respect of NM no.4736/19, t.o.r. Copy served upon other side.
K.B.
L.O. at 3.30 p.m.
Advocate Mr. Ajit Manvani for Defendant no.1a and 2 filed written notes of arguments in respect of Notice of Motion No.4736/19, 3267/19 and 3331/19 t.o.r. Copies are served upon advocate for Plaintiff.
Case is adjourned to 24/01/2020 for filing written notes of arguments in respect of NM 1427/13.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Advocate J. K. Mashter for Plaintiff present and filed written notes of arguments in respect of Notice of Motion no.1427/13 t.o.r.
Advocate Ajit Manwani for Defendant no.1a and 2 present and filed written notes of arguments in respect of Notice of Motion no.1427/13, t.o.r.
Advocate Ms. Riddhi for Defendant no.3 and 4 present
Court was busy in dictating order on Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as passing order on Notice of Motion no.295/2020 in suit no.201/2020 and court has to hear argument in suit no.8472/86 after completion of the order of Notice of Motion no.295/2020, hence case is adjourned to 27/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Advocate Mr. Fauzdar for Plaintiff present and press hard for ad interim relief in respect of Notice of Motion no.4736/19.
Advocate Mr. Ajit Manvani for Defendant no.1a and 2 present and submitted that copy of written notes of arguments in respect of NM no.4736/19 is not served upon Defendants advocate. Advocate for Plaintiff is directed to serve copy of written notes of arguments in respect of Notice of Motion no.4736/19 upon advocate for Defendant nos.1a and 2.
Advocate Ms. Riddhi Shah for Defendant no.3 and 4 present and filed written notes of arguments in respect of Notice of Motion no.1427/13, t.o.r.
Written notes of arguments in respect of N Ms are filed however this court has to dictate judgment in suit no.8472/86, hence case is adjourned to 24/04/2020 for NM hearing. It is made clear that, if this court will get the time after completing the judgments, in the suits which are finally heard by this court which is under transfer, this court will proceed to pass NM orders.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: By Precipee
N.O.B. T.O.B.
Adv. Mr. Jamsheed Master a/w Rushad Irani i/b Purazar P. Foozdar for plaintiff present
None for defendant.
Heard Adv. for plaintiff at the length. The plaintiff is seeking permission for water proofing roof of his flat by this Notice of Motion. The plaintiff has not served the notice to the defendants no.1 and 2. The plaintiff has only served the notice by email to their advocate. The Court is doubtful as to whether the Defendants no. 1 and 2 are aware about the pressing of this application during this lock down period. Therefore, it is necessary to issue to defendants no. 1 and 2 before passing any order on this Notice of Motion. The present period is lock down period and any kind of construction activities are restricted during the same. The movement and work of the labours are also not permitted. Moreover, plaintiff has not sought any permission from Municipal Corporation for carrying out the said water proofing by filing an application. In this circumstances, it could not be just in proper to pass any order as to carrying out the work of the water proofing without notice to the defendant no.1 and 2 and in absence of any permission of the Municipal Corporation. Hence, the following order is passed -
ORDER
1. Issue notice to the defendant no. 1 and 2.
2. The plaintiff is directed to serve the notice of this Notice of motion No. 4736 of 2019.
Case is adjourned to 11.05.2020 for N/M Arguments.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: Coram His Honour AdHoc Judge Shri Deepak L. Bhagwat.
Lock Down Court No.3 Seating in C.R. No.41.
Adv. Mr. Jamsheed Master a.w. Rushad Irani i.b Purazar P. Fauzdar for plaintiff present.
Defendant No.2 and his wife Ayesha is present.
Advocates of defendants are not present.
Considering the lockdown situation this court instructed the parties and their advocates to see whether temporary peacefull arragement by settlement between the parties can be made. The court also given some time to the parties. The parties resolved as follows
1. That the defendants agreed to the water proofing of the terrace being carried by the plaintiffs through structural Engineer namely M.s Shetgiri and Associates, if same M/s Shetgiri and Associates is not ready to do the work, then any other structural Engineer from the panel of Engineers/ Architects maintainted by the Court Receiver\''s office of the Hon\''ble Bombay High Court.
2. This will be the temporary arrangement only for the lockdown period and that the notice of motion will remain pending and will be heard on merits after the lockdown period.
3. The defendants contended that they are agreeing to this temporary arrangement only on humanitarian ground.
Matter adjd. To 04.06.2020 for NM Argument.
Authenticated copy be given to both the parties.
Judge
Next Purpose: NM ARGUMENTS
Next Hearing Date: 22-05-2020
Date: 22-05-2020
Business: By precipe
Adv. Mr. Jamsheed Master a/w. Rushad Irani i/b. Purazar P. Fouzdar for plaintiff present.
Adv Mr.Manmohan Amonkar a/w. Adv. Jacob Kaoan T.T. for defendant no. 2 present. He filed vakalatnama on behalf of deft.no.2. T.O.R.
Draft NM tendered by defendant no.2. T.O.R.
Leave is granted to register the NM. Copy of draft NM alongwith affidavit is served to plaintiff.
Heard argument advanced on behalf of advocate for defendant no. 2. Adv for plff is requested that this NM taken out by deft no.2 for recall and set aside the order passed by the Court dated 11/05/2020. Therefore, he requested for short adjmnt for filing reply.
Next Purpose: REPLY
Next Hearing Date: 26-05-2020
Date: 26-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 11-06-2020
Date: 26-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 11-06-2020
Date: 26-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 11-06-2020
Date: 26-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 11-06-2020
Date: 11-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: REPLY
Next Hearing Date: 28-08-2020
Date: 11-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: REPLY
Next Hearing Date: 28-08-2020
Date: 11-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: REPLY
Next Hearing Date: 28-08-2020
Date: 11-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: REPLY
Next Hearing Date: 28-08-2020
Date: 28-08-2020
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: REPLY
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Adjd to 28.10.2020 for Reply
Next Purpose: REPLY
Next Hearing Date: 28-10-2020
Date: 14-09-2020
Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Adjd to 28.10.2020 for Reply
Next Purpose: REPLY
Next Hearing Date: 28-10-2020
Date: 14-09-2020
Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Adjd to 28.10.2020 for Reply
Next Purpose: REPLY
Next Hearing Date: 28-10-2020
Date: 14-09-2020
Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Adjd to 28.10.2020 for Reply
Next Purpose: REPLY
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Business: Adv. Mr. Fauzdar for plaintiff present and tendered original Notice of Motion no.1416 of 2020 with affidavit in support of Notice of Motion. TOR.
Adv. Mr. Amonkar for defendant no. 2 present
Adjd to 10.11.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-11-2020
Date: 28-10-2020
Business: Adv. Mr. Fauzdar for plaintiff present and tendered original Notice of Motion no.1416 of 2020 with affidavit in support of Notice of Motion. TOR.
Adv. Mr. Amonkar for defendant no. 2 present
Adjd to 10.11.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-11-2020
Date: 28-10-2020
Business: Adv. Mr. Fauzdar for plaintiff present and tendered original Notice of Motion no.1416 of 2020 with affidavit in support of Notice of Motion. TOR.
Adv. Mr. Amonkar for defendant no. 2 present
Adjd to 10.11.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-11-2020
Date: 28-10-2020
Business: Adv. Mr. Fauzdar for plaintiff present and tendered original Notice of Motion no.1416 of 2020 with affidavit in support of Notice of Motion. TOR.
Adv. Mr. Amonkar for defendant no. 2 present
Adjd to 10.11.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-11-2020
Date: 10-11-2020
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.Adv. J. K. Master for plaintiff present.
Adv. Amankar for defendant no. 2 present and filed reply to NM No.
Adv. Salean for def. no. 3 and 4 present.
Adjd to 03.12.2020 for NM rejoinder/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2020
Date: 10-11-2020
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.Adv. J. K. Master for plaintiff present.
Adv. Amankar for defendant no. 2 present and filed reply to NM No.
Adv. Salean for def. no. 3 and 4 present.
Adjd to 03.12.2020 for NM rejoinder/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2020
Date: 10-11-2020
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.Adv. J. K. Master for plaintiff present.
Adv. Amankar for defendant no. 2 present and filed reply to NM No.
Adv. Salean for def. no. 3 and 4 present.
Adjd to 03.12.2020 for NM rejoinder/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2020
Date: 10-11-2020
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.Adv. J. K. Master for plaintiff present.
Adv. Amankar for defendant no. 2 present and filed reply to NM No.
Adv. Salean for def. no. 3 and 4 present.
Adjd to 03.12.2020 for NM rejoinder/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: Adv. J. K. Master for plaintiff present.
Adv. Manmohan Amolkar for defendant no. 2 present.
Adv. Nidhi Salion for def. no. 3 and 4 present.
On oral request of Ld. Adv. for plaintiff matter is adjourned.
Adjd to 15.01.2021 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Adv. Amonkar for defendant no. 2 present.
Adv. Danawala for defendant no. 3 and 4 present.
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 party
Adjd to 12.03.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Purazar Fouzdar for plaintiffs present.
Adv. Manmohan Amonkar for defendant no. 2 present.
Adv. Shaunak Gokhale for defendant no. 3 and 4 present.
On oral request of Ld. Adv. for defendants adjournment granted.
Adjd to 08.04.2021 for NM rejoinder/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Mentioned by praecipe. NOB. TOB.
Adv. S. M. A. Sahid for plaintiff present.
Issue writ of summons to the defendants for answering the claim and settlement of issues.
Adjd to 08.04.2021 for service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Adv. Mr. J. K. Master for plaintiff present
Jr. of Adv. for defendant present
In view of office order No. 73/2021 dtd. 06.04.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021 restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned.
Adjd. to 23.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021
Date: 08-04-2021
Business: Adv. Mr. J. K. Master for plaintiff present
Jr. of Adv. for defendant present
In view of office order No. 73/2021 dtd. 06.04.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021 restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned.
Adjd. to 23.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021
Date: 08-04-2021
Business: Adv. Mr. J. K. Master for plaintiff present
Jr. of Adv. for defendant present
In view of office order No. 73/2021 dtd. 06.04.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021 restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned.
Adjd. to 23.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021
Date: 08-04-2021
Business: Adv. Mr. J. K. Master for plaintiff present
Jr. of Adv. for defendant present
In view of office order No. 73/2021 dtd. 06.04.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021 restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned.
Adjd. to 23.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021
Date: 08-04-2021
Business: Adv. Mr. J. K. Master for plaintiff present
Jr. of Adv. for defendant present
In view of office order No. 73/2021 dtd. 06.04.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021 restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned.
Adjd. to 23.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: SERVICE
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: At. 11.01 am
Adv. Mr. J. K. Master along with Adv. Mr. Fouzdar for plaintiff present.
None for defendants.
Heard adv. for plaintiff. He argued about the urgency of the case. There are five notice of motions. The plaintiff desires to carryout the repairs so as to stop leakage of the rain water. Considering the present season of heavy rains the notice of motion of plaintiff is to be heard.
Defendant to appear before the Court to argue on next date and/or argue through video conference.
Adjd for NM hearing to 22/07/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for argument of deft. no. 2.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-07-2021
Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for argument of deft. no. 2.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-07-2021
Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for argument of deft. no. 2.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-07-2021
Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for argument of deft. no. 2.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021
Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for argument of deft. no. 2.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-07-2021
Date: 22-07-2021
Business: Adv. Master for plff. present.
Adv Amonkar for deft no.2 present.
Adv Nidhi Salian for deft no. 3 and 4 present.
Adv. for deft no.2 before starting argument stated that the NM is pending since 2019 there was no such urgency till date. The adv. for deft will not be able to proceed for argument. To that adv for plff objected and said objection both side carried out loudly for about 5 minuets. Adv for deft requested to adjourn the matter for argument to next week as he has to see instruction and documents from deft. He further stated that deft no.2 desired to file additional affidavit. Adv. for deft has filed reply to Notice of Motion no. (Stamp No.3253/2021)
On perusal on Roznama dtd. 16.07.2021 there was urgency as due to heavy rain it was contention was the plff that the urgent repair work for leakage is necessary.
The deft no. 2 the liberty to file additional affidavit but at the same time should proceed with Notice of Motion as there is urgency stated about. Though according to deft no. 2 there is no urgency that will be dealt with after argument in the order.
Heard advocate for plff.
Adv. for deft. no. 2 is seeking date of Wednesday. In fact he should have argued tomorrow itself. Then too, in the interest of justice, opportunity is given to the deft. to argue on Monday, failing which the NM will be decided on the basis of the documents, pleading and reply in the Notice of Motion.
Adjd to 26.07.2021 for argument of deft. no. 2.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: At 11.01 am
Adv. Mr. Purazar Fouzdar along with Adv. Radhika Motiani for plaintiff present.
Kb L. O at 11.25 am
Adv. Manmohan Amonkar along with Adv. Jacob Kadantot for defendant No. 2 present.
Adv. for defendant No. 2 filed additional affidavit of defendant No. 2 in NM No. 4736/19. t.o.r.
Adv. for plaintiff filed additional affidavit of plaintiff No. 2 in NM No. 4736/19. t.o.r.
Heard arguments of Adv. for defendant No. 2 partly.
Adjd for further NM arguments to 28/07/2021
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Adv. Jamsheed Master along with Adv. Mr. Fouzdar for plaintiff present.
Adv. Manmohan Amonkar for defendant No. 2 present.
Pursis filed by Adv. for plaintiff and Adv. for defendant No. 2 dt. 28.07.2021. t.o.r.
FRSR the following order is passed in NM No. 4736/19 in suit No. 1609/13
ORDER
In view of the above pursis as the parties agree to get the repairs done from MHADA the notice of motion stands disposed of as withdrawn.
The pursis filed by the parties is part of the notice of motion and be annexed to this order.
FRSR the following order is passed in NM No. 1228/2020 in suit No. 1609/13
ORDER
Advocate for defendant No. 2 orally stated that as per instructions the defendant does not desire to proceed with the notice of motion. Hence notice of motion is disposed of as withdrawn.
Nature Of Disposal: WITHDRAWL
Disposal Date: 28-07-2021