DILIP HARSHADRAI TANNAVsNARENDRA DEVKARAN TANNA AND 26 ORS

Date: 09-01-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. P. Shah for Plaintiff present and tendered draft Ch/s a/w affidavit in support. TOR. O-Leave is granted to register draft Ch/s. Copy of Draft Chamber Summons handed over to party for registration.
The Plaintiff is directed to file the registered Ch/s on next date without fail, otherwise Ch/s will be dismissed.
Adv. Ankit Wani along with Adv. Naman Kamdar for defendant no.2 present and tendered registered NM No. 5728/2024. t.o.r.
Adv. Vidya Mahendra for defendant Nos. 5 and 26 present.
Adv. Murari Madekar along with Adv. Sachin Kudalkar for defendant no. 1,3,6 to 9,11 to 14 and 21 present and tendered registered NM No. 43/2025, NM No. 45/2025, NM No. 46/2025, NM No. 47/2025, NM No. 48/2025, t.o.r.
Adv. V. Mirasee i/b Shah and Sanghavi Advocates and Solicitors for defendant no. 4 and 15 to 17 present and tendered registered NM No. 6002/2024. t.o.r.
Adv. Nidhi Singh i/b Mulla Associates for defendant No.10 present.
Adv. Veena Advani for defendant No. 19 and 25 present and filed registered NM No. 5993/2024. t.o.r.
Adv. Sakshi Kapadia for defendant no. 27 present.
Ld. Adv. for plaintiff has filed adjournment application. t.o.r. and marked as Exh. 6.  O - Adjournment granted.
Written Statement of defendants No. 6,7,12, 13 and 14 filed. t.o.r. Written Statement of defendant Nos. 4, 15 to 17 filed. t.o.r.
Order below Notice of Motion No. 43 of 2025 -
Perused NM and say and record.  Heard parties.
The defendant No. 7 has filed present NM to condone the delay of 35 days in filing Written Statement. It is submitted that the writ of summons was served upon the defendant No. 7 on 29.11.2023. The record was voluminous and it took time for providing all the required instructions to prepare the Written Statement therefore delay is caused.  It is also submitted that delay is not intentional and it be condoned in the interest of justice.
The plaintiff has opposed the NM on the ground that no sufficient cause has been given by the defendant for condonation of delay. Therefore, he prays to reject the motion along with Costs.
The defendant No. 7 was required to file Written Statement within 30 days from the date of service of summons. But due to voluminous record, the defendant No. 7 can not furnished all the required instructions and information to the Advocate and delay is caused. It appears that the Written Statement is filed on record within 90 days. The reason put forth for the delay seems to be bonafied and genuine. Hence, the delay needs to be condoned. In the result following order is passed
ORDER
1. Notice of Motion No 43 of 2025 is hereby allowed in terms of prayer clause (a).
2. The Written Statement already filed on record, be taken up and marked Exhibit.
3. No order as to Costs.
5. Notice of Motion No 43 of 2025 is accordingly disposed of.
Order below Notice of Motion No. 45 of 2025 -
Perused NM and say and record.  Heard parties.
The defendant No. 6 has filed present NM to condone the delay of 35 days in filing Written Statement. It is submitted that the writ of summons was served upon the defendant No. 6 on 29.11.2023. The record was voluminous and it took time for providing all the required instructions to prepare the Written Statement therefore delay is caused.  It is also submitted that delay is not intentional and it be condoned in the interest of justice.
The plaintiff has opposed the NM on the ground that no sufficient cause has been given by the defendant for condonation of delay. Therefore, he prays to reject the motion along with Costs.
The defendant No. 6 was required to file Written Statement within 30 days from the date of service of summons. But due to voluminous record, the defendant No. 6 can not furnished all the required instructions and information to the Advocate and delay is caused. It appears that the Written Statement is filed on record within 90 days. The reason put forth for the delay seems to be bonafied and genuine. Hence, the delay needs to be condoned. In the result following order is passed
ORDER
1. Notice of Motion No 45 of 2025 is hereby allowed in terms of prayer clause (a).
2. The Written Statement already filed on record, be taken up and marked Exhibit.
3. No order as to Costs.
5. Notice of Motion No 45 of 2025 is accordingly disposed of.
Order below Notice of Motion No. 46 of 2025 -
Perused NM and say and record.  Heard parties.
The defendant No. 12 has filed present NM to condone the delay of 67 days in filing Written Statement. It is submitted that the writ of summons was served upon the defendant No. 12 on 06.12.2023. The record was voluminous and it took time for providing all the required instructions to prepare the Written Statement therefore delay is caused.  It is also submitted that delay is not intentional and it be condoned in the interest of justice.
The plaintiff has opposed the NM on the ground that no sufficient cause has been given by the defendant for condonation of delay. Therefore, he prays to reject the motion along with Costs.
The defendant No. 12 was required to file Written Statement within 30 days from the date of service of summons. But due to voluminous record, the defendant No. 12 can not furnished all the required instructions and information to the Advocate and delay is caused. It appears that the Written Statement is filed on record within 90 days. The reason put forth for the delay seems to be bonafied and genuine. Hence, the delay needs to be condoned. In the result following order is passed
ORDER
1. Notice of Motion No 46 of 2025 is hereby allowed in terms of prayer clause (a).
2. The Written Statement already filed on record, be taken up and marked Exhibit.
3. No order as to Costs.
5. Notice of Motion No 46 of 2025 is accordingly disposed of.
Order below Notice of Motion No. 48 of 2025 -
Perused NM and say and record.  Heard parties.
The defendant No. 14 has filed present NM to condone the delay of 54 days in filing Written Statement. It is submitted that the writ of summons was served upon the defendant No. 14 on 11.12.2023. The record was voluminous and it took time for providing all the required instructions to prepare the Written Statement therefore delay is caused.  It is also submitted that delay is not intentional and it be condoned in the interest of justice.
The plaintiff has opposed the NM on the ground that no sufficient cause has been given by the defendant for condonation of delay. Therefore, he prays to reject the motion along with Costs.
The defendant No. 14 was required to file Written Statement within 30 days from the date of service of summons. But due to voluminous record, the defendant No. 14 can not furnished all the required instructions and information to the Advocate and delay is caused. It appears that the Written Statement is filed on record within 90 days. The reason put forth for the delay seems to be bonafied and genuine. Hence, the delay needs to be condoned. In the result following order is passed
ORDER
1. Notice of Motion No 48 of 2025 is hereby allowed in terms of prayer clause (a).
2. The Written Statement already filed on record, be taken up and marked Exhibit.
3. No order as to Costs.
5. Notice of Motion No 48 of 2025 is accordingly disposed of.
Order below Notice of Motion No. 47 of 2025 -
Perused NM and say and record.  Heard parties.
The defendant No. 13 has filed present NM to condone the delay of 53 days in filing Written Statement. It is submitted that the writ of summons was served upon the defendant No. 13 on 11.12.2023. The record was voluminous and it took time for providing all the required instructions to prepare the Written Statement therefore delay is caused.  It is also submitted that delay is not intentional and it be condoned in the interest of justice.
The plaintiff has opposed the NM on the ground that no sufficient cause has been given by the defendant for condonation of delay. Therefore, he prays to reject the motion along with Costs.
The defendant No. 13 was required to file Written Statement within 30 days from the date of service of summons. But due to voluminous record, the defendant No. 13 can not furnished all the required instructions and information to the Advocate and delay is caused. It appears that the Written Statement is filed on record within 90 days. The reason put forth for the delay seems to be bonafied and genuine. Hence, the delay needs to be condoned. In the result following order is passed
ORDER
1. Notice of Motion No 47 of 2025 is hereby allowed in terms of prayer clause (a).
2. The Written Statement already filed on record, be taken up and marked Exhibit.
3. No order as to Costs.
5. Notice of Motion No 47 of 2025 is accordingly disposed of.
Order below Notice of Motion No. 6002 of 2024 -
Perused NM and say and record.  Heard parties.
The defendant Nos. 4, 15 to 17 have filed present NM to condone the delay in filing Written Statement. It is submitted that after their appearance before the Hon\''ble High Court, they have not tendered the Written Statement within stipulated time due to which vide order dtd. 08.01.2024 the matter against them was transferred to the list of undefended suits. They are seeking to set aside the order by condoning delay and their Written Statement be taken on record.  According to them there are no interim and substantial reliefs have been prayed. They are not proper nor necessary parties to the suit.  It is also submitted that delay is not intentional and it be condoned in the interest of justice.
The plaintiff has opposed the NM on the ground that no sufficient cause has been given by the defendants for condonation of delay. Therefore, he prays to reject the motion along with Costs.
The defendant Nos. 4, 15 to 17 was required to file Written Statement within 30 days from their appearance before the Hon\''ble High Court as writ of summons were not issued against them.  But due to voluminous record, the defendants Nos. 4, 15 to 17 can not furnished all the required instructions and information to the Advocate and delay is caused. It appears that the Written Statement is filed on record within 90 days. The reason put forth for the delay seems to be bonafied and genuine. Hence, the delay needs to be condoned. In the result following order is passed
ORDER
1. Notice of Motion No 6002 of 2024 is hereby allowed in terms of prayer clause (a) to (e).
2. The Written Statements already filed on record by the defendant Nos. 4, 15 to 17, be taken up and marked Exhibit.
3. No order as to Costs.
5. Notice of Motion No 6002 of 2024 is accordingly disposed of.
Order below Notice of Motion No. 5993 of 2024 -
Perused NM and say and record.  Heard parties.
The defendant No. 19 has filed present NM to condone the delay of 36 days in filing Written Statement. It is submitted that the writ of summons was served upon the defendant No. 19 on 29.11.2023. The record was voluminous and it took time for providing all the required instructions to prepare the Written Statement therefore delay is caused.  It is also submitted that delay is not intentional and it be condoned in the interest of justice.
The plaintiff has opposed the NM on the ground that no sufficient cause has been given by the defendant for condonation of delay. Therefore, he prays to reject the motion along with Costs.
The defendant No. 19 was required to file Written Statement within 30 days from the date of service of summons. But due to voluminous record, the defendant No. 19 can not furnished all the required instructions and information to the Advocate and delay is caused. It appears that the Written Statement is filed on record within 90 days. The reason put forth for the delay seems to be bonafied and genuine. Hence, the delay needs to be condoned. In the result following order is passed
ORDER
1. Notice of Motion No 5993 of 2024 is hereby allowed in terms of prayer clause (a).
2. The Written Statement already filed on record, be taken up and marked Exhibit.
3. No order as to Costs.
5. Notice of Motion No 5993 of 2024 is accordingly disposed of.
Matter stands adjourned on 10-02-2025 for NM reply.
Nature Of Disposal: ALLOWED
Disposal Date: 09-01-2025

Main Case No: SUIT/0104205/2024
Main Cnr: MHCC010083702024
Main Filing No: 111447

Filing Number: 100049/2025
Filing Date: 02-01-2025
First Hearing Date: 09th January 2025
Decision Date: 09th January 2025
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE