Date: 18-01-2020
Business: Adv. Basu for plaintiff present.
Representative of plff (BPT) Mr. Ganesh Pol and Mr. Kazi present.
On the oral request of Ld. Advocate for plaintiff matter is adjourned for argument.
Matter adjd for argument on 27/01/2020 at 11.00 am
Next Purpose: ARGUMENTS
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Ayush Agarwal for plaintiff present.
None Present for the Deft.
Representative of BPT Mr. Ganesh Pol and Mr. Kazi present.
Exh.02- Adv. for plff tendered pursis with copy of Judgement dt.21/12/2017 passed in this suit. TOR. O-seen.
On the oral request of Ld. Advocate for plaintiff matter is adjourned.
Matter adjd for Argument on 17/02/2020 at 11.00 am.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv. Basu for Applicant present.
None for respondent.
Ld adv for applicant filed copy of case detail stamp No. FAST/14636/2018 t.o.r.
Heard ld adv for applicant. Keep for order.
Matter adjd for order to 24-02-2020 at 2.45 pm.
Next Purpose: ORDER
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Adv. Basu for applicant present.
None for respondent.
Court busy in other matter. Stenographer is on leave. Hence matter adjourned.
Matter adjd for order to 09-03-2020 at 2.45 pm.
L.O. at 3.56 pm
Adv Akshata Timmapur for applicant present.
Matter adjd for order to 09-03-2020 at 2.45 pm.
Next Purpose: ORDER
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Adv. Basu for applicant present.
Representative of plaintiff Ganesh Pol present.
None for respondent.
Court busy in dictating judgment.
Matter adjd for order to 11-03-2020 at 2.45 pm.
Next Purpose: ORDER
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Adv. Basu for applicant present.
Adv. for defendant present.
Perused the M.A. The plaintiff has prayed to direct the court receiver to release amount of rupees 17,51,30,782.72/-. Hence Issue letter to the Court receiver to inform this court how much amount is lying with him.
Matter adjd for compliance to 21-03-2020 at 2.45 pm.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: As per office order No. 66 of 2020 dated 16 March, 2020, the Hon''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 25-08-2020
Date: 25-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Adv. Basu for applicant present. None for respondent
Today matter is for compliance.
Ld Adv for applicant submits that this Court had directed to issue letter to the Court Receiver as per roznama/noting dated 11-03-2020 to inform this court how much amount is lying with the Court Receiver. He further states that total amount of Rs. 17,51,30,782.72/-. He further submits that applicant had been to Court Receiver to withdraw the said amount and Court Receiver passed detail order on 10-06-2013 which is annexed with this MA at Ex.C. The Court Receiver directed to obtain order from this Court to release the amount.
The Ld adv for applicant further submits that judgment is delivered on 22-12-2017 in the said SU no. 9516/1974 and thereby the plaint is returned under Order 7 Rule 10 of Code of Civil Procedure for presenting before proper court i.e. Small Cause Court, Bombay.
In view of operative order passed in the said Suit, on enquiry by the court today the Ld adv submitted that plaintiff challenged the said judgment by filing first appeal before the Hon\''ble High Court and therefore there is no question to present the plaint before the Small Cause Court, Mumbai.
Ld Adv for applicant further submits that amount of Rs. 17,51,30,782.72/- is deposited with Court Receiver for the period commencing from 01-01-2009 to 31-07-2019. He further submits no application is filed before the Hon\''ble High Court in the said appeal to withdraw the said amount.
Issue fresh letter to the Court Receiver to inform this Court how much amount is lying with him in this matter.
Matter adjd for compliance and order to 21-12-2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: Adv. Medhas Nambiyar for plaintiff present.
Ganesh Rele - representative of plaintiff present.
Mr. Gajanan G. Surve - Section Officer for Court Receiver present.
Ex.03 Court Receiver filed statement of amount lying in FDR and suit account. Copy of the statement of amount lying in FDR and suit amount is served to plaintiff advocate today in the Court.
Perused roznama/noting dated 16-12-2020. On that day Ld Adv Basu for the applicant had submitted before the court that the amount is of Rs. 17,51,30,782.72/-. Today Section Officer to the Court Receiver filed statement that principle amount of Rs.3,57,81,753.68/- is in FDR and amount of Rs.9,93,869.77/- is lying in Suit account. Therefore there is big different between amount claimed and amount mentioned in the statement submitted by the Court Receiver. The representative of the plaintiff submitted that some time be granted to verify the account with Court Receiver. Hence, matter adjourned for hearing.
Matter adjd for hearing to 14-01-2021.
Next Purpose: HEARING
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Adv. Mr. Roopdaksha Basu I/b The law point for applicant present.
Smt. N.D Valanju, clerk, court receiver, Bombay High court is present.
Adjd for hearing to 06/02/2021
Next Purpose: HEARING
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Adv. Ms. Harsha Asrani for plaintiff present.
Smt. Ujwala Sankpal and Mr. Gajanan Surve, Section Officer representative of Court Receiver present.
On hearing the representative of Receiver the statement submitted is in small font and the calculation about the receipt and the expenses could not be properly made out to calculate the difference of big amount arrived on perusal of the statement.
The court receiver to file the statement in readable Font showing the amount received as rent /interest from F.D, the expenses incurred by the court receiver including their fees and the amount paid to the plaintiff till date.
Adjd for compliance/hearing to 16/04/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Letter bearing inward No. 1683 dt. 08.02.2021 received from Honble High Court.
Kept In R and P
Already adjd to 16.04.2021
Next Purpose: COMPLIANCE
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: Adv. for Applicant present.
None present for Respondent.
Matter adj. to 11/08/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Adv. Mr. Basu for Applicant present.
O :- Office to report about lying amount.
Matter adj. to 11/10/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 27-12-2021
Date: 27-12-2021
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: COURT IS VACANT
Next Purpose: COMPLIANCE
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Matter called out at 1.14 pm
Adv Vrinda Tanna I/b The Law Point for plff present
None for Defendant
Report of the office be called as per order dated 11.08.2021
Matter is adjd on 01.08.2022 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: None present for plaintiff.
None present for Defendant.
Matter is adjd on 19.09.2022 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Matter called out at 1.17 pm
Adv Gaurav Jain for plff DH present
None for defendant JD
Adv for plff seeks time to file NM. Granted.
Matter is adjd on 12.10.2022 for Report
Next Purpose: REPORT
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Matter called out at 12.51 pm
Adv Gaurav Jain for plff present
None for defendant
Adv for plff seeks to file MA. MA is not registered. Adv for plff to get the MA registered.
Matter is adjd on 18.11.2022 for Report
Next Purpose: REPORT
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Matter called out at 12.15 pm
Adv Gayatri Mohite for plff present
None for defendant
Adv for applicant undertakes to serve the copy of MA 194/22 upon Court Receiver.
Matter is adjd on 13.01.2023 for Direction
Next Purpose: DIRECTIONS
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: Matter called out at 12.51 pm
Adv Gaurav Jain for plff present and tendered service affidavit t.o.r. Service is complete.
None for defendant
Record shows that on 06.02.2021, the Court Receiver is directed to file statement in Readable font. However, still no such statement is filed on record. Vide order dated 11.08.2021, report is called from the office about the lying amount. The said report is also not received. Both the orders be complied.
Matter is adjd on 10.02.2023 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: Court busy in recording evidence in sessions case 1282/19 hence board discharged.
Matter is adjd on 04-03-2023 for compliance.
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 04-03-2023
Date: 04-03-2023
Business: Adv. Gaurav Jain for plaintiff present.
Court is busy in recording evidence in SU 3746/09, SC 2119/19. Hence board discharged.
Matter is adjd on 15-04-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: Matter called out at 12.32 pm
Adv for plaintiff present.
None for defendant
Heard argument of adv of applicant.
Matter is adjd on 29.04.2023 for Order
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 29-04-2023
Date: 29-04-2023
Business: Matter called out at 11.35 am
Adv Basu for plaintiff present.
KB for order.
Later on at 3.29 pm
Adv Basu for plaintiff present
Court busy in NM Hrg
Matter is adjd on 12.06.2023 for Order
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: PO IS ON LEAVE.
Next Purpose: ORDER
Next Hearing Date: 17-06-2023
Date: 17-06-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Roop Basu for applicant present.
At the request of applicant matter is kept back.
Later on at 12.36pm
Adv.Roop Basu for applicant present.
None for respondent.
Heard Ld.Adv. for applicant.
Matter is adj to 13/07/2023 for order
Next Purpose: ORDER
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Representative of plaintiff present.
At the request of representative of plaintiff matter is kept back.
Later on at 5.32pm
None present.
Matter is adj to 15/07/2023 for order.
Next Purpose: ORDER
Next Hearing Date: 15-07-2023
Date: 15-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Roop Basu for applicant present.
None for defendant.
Heard Ld.Adv. for applicant.
Matter is adj to 18/07/2023 for order.
Next Purpose: ORDER
Next Hearing Date: 18-07-2023
Date: 18-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Roop Basu for applicant present.
None for respondent.
F.R.S.R following order is passed on Misc.Application No.12/2020.
ORDER
Misc Application No.12 of 2020 is rejected.
Nature Of Disposal: OTHER
Disposal Date: 18-07-2023
