The Trustees Of The Port Of BombayVsMs. EMU Lines Pvt. Ltd. +2 more

Date: 22-01-2019
Business: Adv. Yasmin Sarangi Present for the Plff.
Adv. Rajesh Machado Present for the Deft. no.1.
Ld counsel for the deft no.1 tendered registered NM 4651/18 alongwith affidavit t.o.r.
Ld counsel for the Plff sought time for filing reply to NM 4651/18. granted.
Adj. For Reply of NM 4651/18 on 05/03/2019.
Next Purpose: REPLY
Next Hearing Date: 05-03-2019

Date: 05-03-2019
Business: Adv. Yasmin Sarang Present for the Plff.
Adv. Rajesh Machado Present for the Deft. no.1.
Ld counsel for the Plff sought time to file reply to NM. t.o.r.
Adj. Reply of NM on 09/04/2019.
Next Purpose: REPLY
Next Hearing Date: 09-04-2019

Date: 09-04-2019
Business: Adv. Yasmin Sarang Present for the Plff.
None Present for the Deft.
Ld counsel for the plff sought time to file reply to NM 4651/18. granted.
Adj. for Reply to NM 4651/18 on 03/07/2019.
Next Purpose: REPLY
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: Adv. Yasmin Sarang for plaintiff present.
None present for defendant.
On the request of Ld. Counsel for plaintiff time is granted to file reply.
Matter adjd for reply on 31/07/2019.
Next Purpose: REPLY
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: Adv. Yasmin Sarang for plaintiff present.
Adv. Divya Srivastava for D-2 present.
Court is busy in dictating Judgment in SCTB Matter No.7860/04, hence this suit is adjourned.
Matter adjourned for reply on 04/09/2019.
Next Purpose: REPLY
Next Hearing Date: 04-09-2019

Date: 04-09-2019
Business: Adv. Yasmin Sarang for plaintiff present.
Adv. Prachi Koli for D-1 present.
None present for D-2.
Plaintiff filed reply to NM. TOR.
Exh.    Service affidavit filed by plaintiff for service on D-3. TOR. The postal envelope returned with remark as \''\''Left\''\''. So it is not service. Plaintiff take necessary steps for service on D-3.
Matter adjd for NM hearing on 11/10/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2019

Date: 11-10-2019
Business: PO is on leave 2nd Session
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Adv. Yasmin Sarang for plaintiff present.
Adv. Prachi for D-1 present.
Ld. counsel for plaintiff filed draft CS alongwith affidavit. TOR.
ORDER Heard. Leave granted. CS is made absolute in terms of prayer clause \''a\'' and \''b\'' for substitute service on D-3 by way of publication. Plaintiff to produce copies of newspapers a/w service affidavit. CS be registered for statistical purpose.
Matter adjd for NM hearing / compliance on 12/12/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: H.H.J. is on training
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: Adv. Yasmin Sarang for plaintiff present.
Adv. Manish Vishwakarma for deft no.1 present.
Adv. for plff tendered original registered CS No.2023/19 alongwith affidavit. TOR.
Exh.13-Adv. for plff filed application for extension of date of writ of summons for paper publication. TOR. O-  Perused order sheet/ roznama dt.11/11/2019. Draft CS was filed for publication of writ of summons to Deft No.03 on 11.11.2019 and it was allowed on the same date. Today registered CS No.2023/2019 is filed. Hence time extended till next date to serve upon deft no.3 amended plaint by substituted way of paper publication.
Chamber Summons No.2023/19 is already disposed of as per order dt.11/11/2019.
Kb.
Later on at 3.53 pm.
The Ld Adv appearing for deft no.1 states that the written statement of deft no.1 is already filed on record. Perused roznama dt.17/06/2016, it is mentioned therein that NM No.476/16 is allowed subject to cost of Rs.1000/-. Perused endorsement of superintendent of this court dt.29/06/2016. It is mentioned that deft no.1 deposited cost of Rs.1000/-. It means deft no.1 is permitted  to tender written statement subject to cost. The order of cost is complied on 29/06/2016. WS of deft no.1 is already on record. It appears from the WS that, it is affirmed on 20/01/2016. The WS of deft no.1 doesnt bear Exhibit number and signature of then Presiding Officer. Hence the WS of deft no.1 is read and recorded today.
Exh.14- Written Statement of deft no.1.
Today Sheiristedar/ JC is pointed out to the court that WS of deft no. 2 is also not marked and signed by then Presiding Officer
Perused roznama dt.17/06/2016, it is mentioned therein that NM No.1472/16 is allowed subject to cost of Rs.1500/-. Perused endorsement of superintendent of this court dt.08/07/2016 It is mentioned that deft no.2 deposited cost of Rs.1500/-. It means deft no.2 is permitted  to tender written statement subject to cost. The order of cost is complied on 08/07/2016. WS of deft no.2 is already on record. It appears from the WS that, it is affirmed on 05/04/2016. The WS of deft no.2 doesnt bear Exhibit number and signature of then Presiding Officer. Hence the WS of deft no.2 is read and recorded today.
Exh.15- Written Statement of Deft No.2.
Matter adjd for NM No. Hearing on 17/02/2020 at 02.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. Yasmin Sarang for plaintiff present.
Adv. Mahesh Vishwakarma for defendant no.1 present.
Heard both sides NM No. 4651/18.
The ld adv for defendant no.1 states that he has filed citation of Hon''ble Bombay High Court, Bench at Aurangabad in Writ Petition No.1769 of 2013 dated 03-12-2013 in NM 4650/2018. He further states the said citation be considered in this matter.
The Ld adv for defendant no.1 also filed xerox copy of amened written statement in support of NM.
Ex.16  The Ld adv for plaintiff filed application for extension of time for paper publication of writ of summons to defendant no. 3.
Perused roznama dated 11-11-2019. As per said roznama draft CS filed by plaintiff was made absolute for substitute service to defendant no.3 by way of paper publication. Hence, time extended for one month from today to serve writ of summons to defendant no.3 by paper publication.
Matter adjd for NM order and service affidavit of writ of summons to defendant no.3 to 24-02-2020 at 2.45 pm
Next Purpose: NM  ORDERS
Next Hearing Date: 24-02-2020

Date: 17-02-2020
Business: Adv. Yasmin Sarang for plaintiff present.
Adv. Mahesh Vishwakarma for defendant no.1 present.
Heard both sides NM No. 4651/18.
The ld adv for defendant no.1 states that he has filed citation of Hon''ble Bombay High Court, Bench at Aurangabad in Writ Petition No.1769 of 2013 dated 03-12-2013 in NM 4650/2018. He further states the said citation be considered in this matter.
The Ld adv for defendant no.1 also filed xerox copy of amened written statement in support of NM.
Ex.16  The Ld adv for plaintiff filed application for extension of time for paper publication of writ of summons to defendant no. 3.
Perused roznama dated 11-11-2019. As per said roznama draft CS filed by plaintiff was made absolute for substitute service to defendant no.3 by way of paper publication. Hence, time extended for one month from today to serve writ of summons to defendant no.3 by paper publication.
Matter adjd for NM order and service affidavit of writ of summons to defendant no.3 to 24-02-2020 at 2.45 pm
Next Purpose: NM  ORDERS
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Adv. Yasmin Sarang for plaintiff present.
Adv. Vishwakarma for defendant present.
Court busy in other matter. Stenographer is on leave. Hence matter adjourned.
Matter adjd for NM order and service affidavit of writ of summons of defendant no.3 to 25-02-2020 at 2.45 pm.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Adv. Yasmin Sarang for plaintiff present.
None for defendant.
Ld Adv for plaintiff seeks time to serve defendant no.3. Time granted till next date.
Court busy in other matter.
Matter adjd for NM order and service affidavit to 17-03-2020 at 2.45 pm.
Next Purpose: NM  ORDERS
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: Adv. Yasmin Sarang for plaintiff present.
None for defendant.
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.
Matter adjd for NM order and service affidavit to 03-04-2020 at 2.45 pm.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-04-2020

Date: 17-03-2020
Business: Adv. Yasmin Sarang for plaintiff present.
None for defendant.
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.
Matter adjd for NM order and service affidavit to 03-04-2020 at 2.45 pm.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 17-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Business: Due to Covid-19 matter is adjd time to time on 03-04-2020, 17-04-2020, 06-05-2020, 28-05-2020, 15-06-2020 and today this matter is posted for NM Order.
None present.
F.R.S.R. following order is passed.
ORDER
Notice of Motion No. 4651 of 2018 is hereby allowed as under-
1.   Delay of defendant no.1 in filing amended written statement to the plaint is hereby condoned.
2.   Defendant No.1 is permitted to file amended written statement to the plaint to the extent of amendment carried out by the plaintiff in the plaint.
3.  Due to Covid-19 pandemic, it is not proper to direct the defendant No.1 to file on record amended written statement to the plaint in short period. Hence, matter be posted for compliance of this order on 14-12-2020.
4.   Costs in cause.
Matter adjd for compliance 14-12-2020.
Nature Of Disposal: ALLOWED
Disposal Date: 17-09-2020

Main Case No: SUIT/0102463/2015
Main Cnr: MHCC010085932015
Main Filing No: 111447

Filing Number: 116269/2018
Filing Date: 11-12-2018
First Hearing Date: 22nd January 2019
Decision Date: 17th September 2020
Court Number And Judge: 20-COURT 20 ADDL SESSIONS JUDGE