Sadanand B. Panchal
11 May 2017 at 16:24
Respected Experts,
There is Suit X of 2016 instituted by Housing Cooperative Society against Mumbai Municipal Corporation before the City Civil Court praying for restraining Notice U/s. 53 (1) of MRTP Act issued for illegal construction of building. Suit filed falsely pleading that said Society is owner of entire plot where I am residing at same plot being one of co-owner of the plot. In Suit said Society taken out Notice of Motion praying for ad-interim injunction in terms of prayers in Suit. It was surprised that said draft Notice of Motion was filed before Hon'ble Court on 17.11.2016 in morning session- the first Hon'ble judge of Hon'ble Court granted leave to register same- on same day at afternoon session the registered Notice of Motion was tendered and the Hon'ble Court made absolute the Notice of Motion recording that Advocate for MMC was not pressed the matter nor filed any Reply. I came to the knowledge of fact that the Society filed said Suit without adding me party despite my Suit Y of 2011 pending before same Court against the Society and MMC Defendants Nos. 1 and 2. The first Hon'ble Judge was vacated post and second Hon'ble Judge presided in same Court. Therefore on 01.02.2017, I took out Chamber Summons for adding me party in said Suit X of 2016 and the Hon'ble Court granted leave to register Chamber Summons. I stated in Affidavit that the Notice of Motion was made absolute in Roznama without any oral Order and in single day. On 07.01.2017 on my request the Shirastedaar of Court returned draft Chamber Summons to me for registration.
It was surprising that without notice to me on 23.02.2017 the Advocates for Defendant MMC taken on Board the disposed off Notice of Motion and filed simple Application Ex-5 without affirmation and prayed for restoration. The Hon'ble Court passed Order restoring the Notice of Motion and recording that “However ad-interim reliefs will operate till disposal of Suit”. It was further surprising that again the suit is kept in morning session for Writ of Summons on 23.03.2017. I remained present before Hon'ble Court in afternoon session for my Chamber Summons, Plaintiff in morning session already taken adjournment on 31.08.2017 and gone away.
My query is
(1) that in pendency of Chamber Summons for adding party parties of suit, can Defendant file any application for restoration of disposed of Notice of Motion?
(2) Once Notice of Motion disposed off, can same Court have power to restore it without any Notice of Motion for restoration?
(3) After laps of three months from date of disposal of Notice of Motion, can court allow application for restoration without any Delay of condonation Application?
I am appearing in Hon'ble Court for the above matter as party in person. Kindly resolve my Queries.
Thanks.
Advocate M J
28 April 2017 at 13:43
GOOD DAY THE LEARNED JURY.,
I have a W.P. Challenging D.R.T. orders &
got a stay after paying 1.5 lakhs In my WP
I have requested the respondent to issue the detailed Statement of account towards
my Home loan for which I have paid the charges to the respondent by taking the receipt, instead of giving the detailed statement they issued the FORE CLOSURE STATEMENT giving the lump sum figures due to which I have to pay Rs.20 lakhs extra. Is there any law to bind the respondent to issue the statement of a/c.towards the h.l. from the day one till date. Kindly
suggest what to do failing which I will
have to pay Rs.20 lakhs as demanded by the respondent. tks
Advocate M J
28 April 2017 at 13:28
I filed a W.P. challenging D.R.T. orders &
got a stay after paying 1.5 lakhs. In my
W.P. I have requested the respondent to
issue the details of statement of account
to close me Home Loan A/c. under One Time
Settlement Scheme for which I have even
paid the charges to the respondent taking
a receipt from them, instead of giving a
detailed a/c statement they have issued a
FORE CLOSURE STATEMENT GIVING LUMP SUM
FIGURES DUE TO WHICH I HAVE TO PAY 2O LSKHS
MORE. IS THERE ANY LAW TO BIND THE RESPONDENT TO ISSUE THE STATEMENT OF A/C
TOWARDS THE H.L.RIGHT FROM THE DAY ONE TILL DATE WHICH WILL HAVE MORE CLARITY TO
CLOSE THE H.L.A/C. KINDLY SUGGEST WHAT TO
DO FAILING WHICH I HAVE TO PAY WHAT THEY
DEMAND. TKS.
debasish palchowdhury
28 April 2017 at 10:08
Sir;
A lower court asks to submit restitution of conjugal rights case status
But rcr documents were misplaced by that lower court where it was filed
Internet copy shows rcr case was disposed
How could i get certified copy of that rcr case immediately
Regds;
debasish
kpd9038010386@rediffmail.com
Pradeep
27 April 2017 at 19:09
Respected Sir,
On the Will, Probate was granted. Judge has asked for inventory and account of assets under Will. Is it mandatory to put before court inventory and account of assets. If we don't file the inventory and account of assets, will it affect Probate already granted?
Ranbir
27 April 2017 at 13:43
Dear sir ,
I would be highly obliged if you provide solution regarding my below problem
As stated I had purchased one vehicle with number 2222 through finance from the bank paid the entire installment regarding same and got no objection certificate for the above vehicle from the respective bank
Following which there after I again purchased another vehicle through finance from the same bank with number 3333 after five years but unfortunately the vehicle met with accident and was brought to dealers garage for repair and there was a insurance claim of the vehicle the insuramce company harassed me for 1 year but did not provide the insurance claim and the vehicle was in garage for such period despite such a pathetic situation I paid installment for 18 months to the bank i filed case in consumer court against dealer of the vehicle ,insurance company and finance company which is subjudice the bank repossessed my vehicle 3333 when the matter is subjudice in court and also threatening to repossess the vehicle 2222 which I had purchased five years back my question is can bank repossessed the vehicle which has been issued with noc from the bank and can bank repossess the vehicle in which the matter is subjudice in court
M Satyanarayana
25 April 2017 at 16:12
Sir,
I am petitioner filed for final decree proceedings served notice duly to the defendant to come for metes and bound. The defendant filed vakalat and not filed counter affidavit inspite of five long adjournments. My counsel adivsed me he will inform me when the counter is filed in CMO office by the defendant.
Please advise me how much time is given to the defendant to file counter and what to do if the counter is not filed by the defendant.
Thanking you,
M.SATYANARAYANA
Gurjap
25 April 2017 at 10:22
Sir, we are having a Case Of Job Selection Against The Govt. Who cancelled the posts.
There were posts of Building Inspector, accountant, Sanitary Inspector.
I was Selected as B.I.
And Our Next Hearing in The High Court is on 12th May.
But the hearing of S.I. and accountant is on 28nd April. (S.i. and acc. Have same adv. And we have the other one)
But Respondents are same in both case.
And reply from all respondents have been filled in court.
So can We file a CM tomorrow that Our case is same as that to be heared on 28th april. So our case should be clubbed up for hearing on 28th April instead of 12th May
Is it possible bcz Respondents are same and Reply has already been filled by all respondents??
naushadsultan
20 April 2017 at 07:52
my late grand father's name spelling is different in different record and I have submitted all the record 1951, 1966 ,1971 voter data through Assam NRC website and latest voter list where it is reflected against my father's father name. but in Border SP office, Karimganj,Assam, India ..an office staff asking to get a certificate kind of something from local police station that the person name mentioned in documents was my grandfather and he was the same person as mentioned 1951, 1966 ,1977 voter data , I have alreday given a self declaration with required documents as asked by CID offcial and Investigation officer ..but still Border SP official is not accepting what the police station has sent them ..Pls advise
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Suit simplicitor for injunction in 53 tp act without specific performemence
1) buyer filed a suit for under 53a TP Act with prayer for /temporory & Perpetual injuction. Court grants Temp Injuction.Seller Builder attended courts through advocate but not filed any reply & Proceeded Ex-Parte. and Ex parte evidnce was collected and after argument order reserved and court asked for clarificationsi Brief Summary a) Notory attested Agreement with posseseion witnessed by advocates done in 1999 after full and final payment. b) Cash Recipt on Revenue stamp was Given by seller. c) Seller on same day registred a WILL as Well As regsitred Power of Attorney in . Buyer told him to do registred sale deed after few days seller says few Govt permissions are need and assured will do later.Builder seller further collected extra money for permissions by Cheque and assured will adjust in STAMP purchase.But never came forward to execute sale deed . But after 15/16 years started thretening and even saying that he will disposes the buyer and may sell the space to some powerfull muscleman .Builder cancelled registred will WILL and POA in year 2016 though they were done after taking full money and even more in name of stamp duty & permissions. Buyer and seller(Builder) were close relatives so his assurances were belived.Buyer continued in possession till date and since 1999 have eelectricty , water metre , House tax in his name. Note : On above facts court asked verbally buyer why case for specific perfromence is not filed along with relief under 53a for injunction and wants specific ruling on maintenability of EX Parte Suits.
Your Exper advice will be Highly appreciated
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