Date: 03-01-2020
Business: Adv. Sandip Ghogare for appellant is present.
Advocate for appellant has filed stay application. TOR and marked as Exh.2.
It appears that Caveat No.888/2019 has been filed by the respondent.
The appellant to serve the respondent and file affidavit of service.
Adjourned to 07.01.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 07-01-2020
Date: 07-01-2020
Business: Adv. Anita Patil h/f Adv. Sandip Ghogare for appellants is present.
Adv. Darryl Pereira a/w Adv. Brenelle Cardoz for respondent No.1/LIC is present.
Heard both the sides on stay application (Exh.2).
Order on Exh.2
By the present application the appellants seeks stay of order dt.26.11.2019 to the extent of direction to the appellant to pay of sum of Rs.2,97,04,084/- towards rent and damages.
It is contended that appellants were legal heir of the original tenant and are not liable to pay any amount. The appellant were never in possession of the premises after the demise of original tenant. It is also contended that there is dispute with regard to carpet area. Tenant died in 2014 and arrears of rent is claimed from 2002.
Per contra Ld. Advocate for respondent fairly submits for determination of damages, the evidence has to be gone through and record and proceeding from the Estate Officer is required to be called. He submits that the Stay to the extend of damages part may be granted and not to the recovery of possession.
In view of this the following order is passed.
ORDER
1. The application Exh.2 is allowed.
2. The operation of impugned order dt.26.11.2019 to the extend of direction to the appellant to pay sum of Rs.2,97,04,084/- is hereby stayed till disposal of appeal.
3. R and P be called from the Estate Officer.
Adjourned to 22.01.2020 for R and P.
Next Purpose: AWAITING R AND P
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. Sandeep Ghogare for applicant and filed affidavit of service. TOR and marked as Exh.3.
Adv. Jayendra Gaur a/w Adv. Brenelle Cardoz h/f Adv. D. B. Pereira for respondent is present.
Respondent is directed to file R and P.
Adjourned to 14.02.2020 for R and P.
Earlier order, if any, to continue till next date.
Next Purpose: AWAITING R AND P
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Adv. Anita Patil for appellant is present and filed certified copy of R and P. It is taken on record.
Adjourned to 17.03.2020 for Hearing.
Earlier order, if any, to continue till next date.
Later on
Adv. Brenelle Cardoz h/f Adv. D. B. Pereira for respondent No.1/LIC is present.
Copy of R and P served to advocate for respondent No.1.
Next Purpose: HEARING
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: None present for appellant.
Adv. Brenelle Cardoz h/f Adv. D. B. Peraira for defendant No.1/LIC is present.
Reply filed by advocate for defendant no.1. TOR and marked as Exh.4.
Adjourned to 09.04.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Business: Due to Covid-19, both parties are absent, hence adjourned to 12.10.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 02.11.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 04.12.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Adv. Anita Patil i/b Adv. Sandeep Ghogre for for appellant present.
Adv. Rasesh Shah h/f Adv. Darryl B. Pereira for respondent No.1/LIC present.
By consent, adjourned to 18.12.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: None present for appellant.
Adv. Rasesh Shah h/f Adv. Darryl B. Pereira for respondent No.1 is present.
Since nobody appears for appellant, adjourned to 02.02.2021 for Hearing.
L.O.
Adv. Govind Ghogare h/f Adv. Sandip Ghogare for appellant is present.
Next Purpose: HEARING
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv. Sandip Ghogare for appellant present
Adv. Rasesh Shah h/f Adv. Darryl Pereira for Respdt. No.1 present.
At the request of Ld. counsel for appellant, by way of last opportunity, matter adjourned to 09.03.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: None present for appellant.
Adv. Rasesh Shah h/f Adv. Darryl Pereira for respondent no.1 is present.
Since nobody appears for appellant and Ld. counsel for respondent seeks adjournment on the ground that the senior is not keeping well.
Adjourned to 09.04.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: None present for appellant.
Adv. Rasesh Shah h/f Adv. Darryl Pereira for Respdt. No.1 present.
Since nobody appears for appellant, matter adjourned to 17.06.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: None present for the appellant.
Adv. Mr. Natasha Kasad h/f. Adv. Darryl B. Pereira for LIC/Respondent Present
Due to COVID-19, adjourned to 08.07.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: None present for appellant.
Adv Ms. Natasha Kasad i/b D. B. Pereira for respondent present.
Due to Covid-19 Adjd to 06.08.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: None present for appellant.
Adv. Natasha Kasad h/f Adv. D. B. Pereira for respondent/LIC is present.
At the request of Ld. counsel for respondent, adjourned to 04.09.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: Adv. Vaibhav Ghogare i/b Adv. Anita Patil for appellant is present.
Adv. Natasha Kasad i/b Adv. D. B. Pereira for respondent/LIC is present.
By consent of both parties and by way of last opportunity, matter adjourned to 18.09.2021 for Hearing.
L.O.
Adv. Anita Patil for appellant is present.
Adv. Natasha Kasad i/b Adv. D. B. Pereira for respondent/LIC is present.
By consent of both parties adjournment date is postpone and kept on 28.09.2021 for hearing by way of last opportunity.
Next Purpose: HEARING
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv. Anita Patil for appellant is present.
Adv. D. B. Periera a/w Adv. Natasha Kasad for respondent No.1/LIC present.
Advocate for appellant files adjournment application. TOR and marked as Exh.5.
Again by way of last opportunity, matter adjourned to 11.10.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv. Vaibhav Ghogare a/w Adv. Anita Patil for appellant present.
Adv. Darryl Periera for respondent No.1 is present.
Ld. counsel for the appellant shares his judgments that he intends to rely upon. Ld. counsel for respondent submits that he would go through the judgments and also share his judgments if any with the appellant in order to satisfy as to whether the Limitation Act is applicable to Public Premises Acts proceedings.
Adjourned to 16.11.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Ld. counsel Mr. Vaibhav Ghogare a/w Adv. Anita Patil for appellant is present.
Adv. Darryl Pereira for respondent No.1/LIC is present.
Heard Ld. counsel for the appellant.
Both side states that they would submit their written submissions and concludes their remainder arguments on next date.
Adjourned to 29.11.2021 for Further Arguments and Written Submissions.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv. Abhishek Chaturvedi i/b Adv. Sandip Ghogare for appellant is present.
Adv. Leandra Silveira i/b Adv. Darryl Pereira for respondent No.1 is present and files written submissions. TOR and marked as Exh.6.
Copy served to other side.
Appellant seeks time to file his written submissions.
Adjourned to 08.12.2021 for Written Submissions and Arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv. Anita Patil for appellant is present.
Adv. Darryl Pereira a/w Adv. Natasha Kasad and Adv. Vidhi Gosar for respondent No.1/LIC is present.
Kept back.
L.O.
Ld. counsel Mr. Vaibhav Ghogare a/w Adv. Anita Patil for appellant is present.
Adv. Darryl Pereira a/w Adv. Natasha Kasad and Adv. Vidhi Gosar for respondent No.1/LIC is present.
As court is busy in hearing final arguments in SC No.629/17, matter adjourned on 23.12.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: CORAM : HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Sandeep Ghogare for appellant is present.
Adv. Leandra Silveira a/w Adv. Vidhi Gosar h/f Adv. D. B. Pereira for respondent No.1 is present.
By consent, adjourned to 17.01.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Appellant and advocate absent.
Adv. Vidhi Gosar a/w Adv. Leandra Silveira h/f Adv. Darryl Pereira for respondent No.1 is present.
Adjourned to 05.02.2022 for Arguments.
L.O.
Adv. Abhishek Chaturvedi for appellant is present.
Adv. Vidhi Gosar for respondent No.1 is present.
By consent, adjourned to 07.02.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: None present for parties.
Adjourned on 23.02.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Vaibhav Ghogare a/w Adv. Anita Patil for appellant is present.
Adv. Darryl B. Pereira a/w Adv. Leandra S. and Adv. Vidhi G. for respondent No.1/LIC is present.
By consent, adjourned on 24.03.2022 Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Anita Patil for appellant is present.
Adv. Leandra Silveira h/f Adv. D. B. Pereira for respondent No.1 is present.
Mrs. Shweta Dhamankar, Asst. Admin. Officer from LIC is present.
It is submitted that Ld. senior advocate for the appellant is busy in Honble Supreme Court, hence requested for adjournment.
Adjourned on 18.04.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Sandip Ghogare for appellant is present.
Adv. Natasha Kasad a/w Adv. Leandra Silveira I.b Adv. D. B. Periera for respondent/LIC is present.
Smt. Shweta Damankar, Asst. Admn. Officer for LIC is present.
By consent, adjourned on 15.06.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: COURT IS VACANT.
Adv. Anita Patil h/f Adv. Sandeep Ghogre for appellant is present.
Adv. Natasha Kasad h/f Adv. Darryl Pereira for respondent No.1 is present.
Adjourned on 04.07.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Vaibhav Ghogre a/w Adv. Anita Patil for appellant is present.
Adv. Darryl B. Pereira a/w Adv. Vidhi Gosar for respondent No.1/LIC is present.
Mrs. Sangeeta Sawant, Assist. Admin Officer (Legal) for LIC is present.
Partly heard final arguments of Adv. Ghogre for appellant.
Adjourned on 05.07.2022 for Further Arguments of Appellant.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Vaibhav Ghogre for appellant is present.
Adv. Natasha Kasad h/f Adv. Darryl Pereira for respondent No.1/LIC is present.
Ms. Rajul Shah, Admin. Officer (Legal) from LIC is present.
Heard further final arguments of Adv. Ghogre for appellant.
Adjourned on 07.07.2022 for Arguments of Respondents.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Vaibhav Ghogre a/w Adv. Anita Patil for appellant is present.
Adv. Darryl B. Pereira a/w Adv. Natasha Kasad and Adv. Vidhi Gosar for respondent No.1/LIC is present.
Mr. S. N. Sharma, Admin. Officer (Legal) from LIC is present.
Heard final arguments of Adv. Pereira for respondent.
Also heard arguments in reply of appellant.
Adjourned on 18.07.2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Vaibhav Ghogare for appellant is present.
Adv. Natasha Kasad h/f Adv. D. B. Pereira for respondent/LIC is present.
Mrs. Sangeeta Sawant, Admin. Officer (Legal) for LIC is present.
Adjourned on 20.07.2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Adv. Sandip Ghogare for appellant is present.
Adv. Natasha Kasad h/f Adv. D. B. Pereira for respondent/LIC is present.
Mrs. Sangeeta Sawant, Admin. Officer (Legal) for LIC is present.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal No.171 of 2019 is hereby allowed with costs.
2. Order passed by the Estate Officer on 26.11.2019 in Case No.105 and 102A of 2017, is hereby set aside.
3. R and P be returned back to Respondents/LIC.
Nature Of Disposal: ALLOWED
Disposal Date: 20-07-2022
