Shri Bhagwat Punja Bagul +2 moreVsPantanagar Trishul CHSL +18 more

Date: 12-03-2020
Business: None present  for the Plaintiff.
Adv. Mangal Kadam for Defendant Nos. 15, 16 and 18 present.
Matter is adjd. to 14.07.2020 for N/M reply.
Next Purpose: REPLY
Next Hearing Date: 14-07-2020

Date: 14-07-2020
Business: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Business: By Preciepe. O-Allowed.
Adv. Mr. Sandeep Bane for the plaintiff present and he filed Draft NM alongwith affidavit in support. t.o.r. O-Leave is granted to register of it.
Adv. Mr. Dalal for deft Nos.1 to 13 present.
The adv for the plaintiff submits that the deft Nos. 1 to 13 and 19 are served, but due to absence of the plaintiff is not able to sworn his affidavit of service.
Heard the learned advocates for the plaintiff and the defendant Nos.1 to 13 for the question of granting ad-interim relief.  The learned advocate for the plaintiffs seeks ad-interim relief mainly on three grounds.  Firstly, that the defendant Nos.1 to 13 who were the members of the Governing Body of the Society have no authority to hold such meeting as their tenure has been expired. Secondly, the meeting is going to be held in contravention of the provisions of Maharashtra Co-operative Housing Society Act and the circular issued in the year 2009. Thirdly, a policy decision is going to be taken for vacating the premises for redevelopment and the defendant Nos.1 to 13 are not competent to do so.
The learned advocate for the defendant Nos.1 to 13 submits that the tenure of the Governing Body of the Society has been duly extended by the Competent Authority.
Neither the provision of Maharashtra Co-operative Society Acts nor any circular is going to be contravened by them.  He relies upon the Judgment of the Hon\''ble High Court in M/s. Maya Developers V/s. Rajkumar L. Nagda delivered on 13.07.2016 and he submits that the General Body is supreme authority and the view of the majority will bind.  The General Body is representing the interest of 177 members and the plaintiffs are trying to stall the development project.
Having considered the rival submissions with reference to the ad-interim reliefs, the relief regarding the special general meeting scheduled to be held tomorrow is required to be considered for granting ad-interim relief or not. Other reliefs cannot be considered for granting them as ad-interim because it requires the hearing on merit by both the sides. Insofar as, the meeting scheduled tomorrow is concerned, according to the plaintiff, the defendant Nos.1 to 13 have no authority to hold such meeting nor a policy decision can be taken therein.  If such is the position, then according to me, the plaintiff shall not bother about such meeting.  The fate of such meeting and the fate of such decision therein can be determine by hearing the parties on merit.
Thus, I find no case of ad-interim relief.
The plaintiff to get registered the earlier Draft Notice of Motion and the N/M filed today.
Matter is adjd. to 03.12.2020  for reply Draft N/M
Next Purpose: REPLY
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: None For the plaintiff.
Adv. Kajol Agawane For the deft No.01 to 12 present.
The plaintiff has failed to tendered register NM No.1834/2020.
Hence, adjd. for compliance by the plaintiff/ reply to NM by the defts.
Matter is adjd. to  03.03.2021  for reply to NM by the defts.
Next Purpose: REPLY
Next Hearing Date: 02-02-2021

Date: 02-02-2021
Business: By praecipe
Adv. Akshda Satham for the plaintiff
Draft Ch/s along with affidavit of support tendered by advocate for the plaintiff. O-  Leave to register Ch/s is granted. Ch/s is made r/o 03/03/2021.
Matter is adjd. to 03/03/2021 for tendering registered Ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: None for plaintiff.
Adv. Ms. Gavne  for the defendants No.1 to 12.
Adv. Yogendra Kanchan for the defendant No.14.
Adv. Mangal Kadam for defendants No.15,16 and 17.
Vakalatnama filed by advocate for the defendant No.14.
The plaintiff has failed to tender registered NM No.1833/2020 and No.1834/2020. Hence, NM No.1833/2020 and No.1834/2020 are dismissed.
Last chance is granted to the plaintiff to tender registered Ch/s.
Draft NM along with affidavit of support tendered by advocate for defendants No.1 to 12. O-  Leave to register N/M is granted.
Matter is adjd. to 27/04/2021 for tendering registered Ch/s and NM.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-03-2021

Date: 06-03-2021
Business: By praecipe
Adv. Sawant for the plaintiff No.3.
Draft NM along with affidavit of support tendered by advocate for  the plaintiff No3.. O-  Leave to register N/M is granted. N/M is made r/o 27/04/2021.
Matter is adjd. to 27/04/2021 for tendering registered NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: Adv. Suchita Pawar for plaintiff present.
Adv. Yogendra Kanchan for defendant No.14 present.
Adv. Toor for defendant Nos.1 to 12 present.
Draft NM along with affidavit in support of NM tendered by advocate for defendant Nos.1 to 12. O-  Leave to register N/Ms granted.
Reply to NM Nos.743 of 2021 and 1146 of 2021 and Chamber Summons No.287 of 2021 filed by Advocate for defendant Nos.1 to 12 taken on record.
NM No.1146 of 2021 reply filed by Adv. for deft. no.14.
By consent adjd. to 16.06.2021 for argument.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Business: Adv. Mr. Sandeep Bane for the plaintiff.
Adv. Mr. Chetan Mhatre i/b Subhash  Bane for the defendants No.1  to 12 present.
Adv. Ms. Sonal Brid for the defendant No.14 present.
Application filed by advocate for the plaintiffs to withdraw the suit unconditionally.
The advocate of defendants No.1 to 12 and 14 has no objection for withdrawal of Suit.
The plaintiffs No.2 and 3 are personally present before the Court. I have verified contents of application and signature thereon from them, in respect of plaintiff No.1 is absent. the Ld. advocate for the plaintiff has filed xerox copy of Notary, in para 8 of the Notary, he has consented withdrawal of the Suit. Considering xerox copy of Notary and specifically pleading of plaintiff No.1 this Court will pass necessary order on next date.
Matter is adj. to 25/06/2021 for order on Exh.8.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Business: (69)
25.06.2021
SU  271/2020
CORAM : H. H. J. SMT. C. V. PATIL  (C.R.NO. 9)
Adv. Mr. Sandeep Bane for the plaintiff present.
Adv. Chetan Mhatre I/b Subhash Bane for def. no. 1 to 12 present.
Adv. Ankita Sharma for defendant no. 14 present.
On last date personal verification of plaintiff no 2 & 3. Both the plaintiff submitted at Exh. 08 their names will withdraw from the suit. The defendants have no objection to withdraw the names of plaintiff. Considering no objection from the side of defendants, permission is granted to withdraw the names of plaintiff no. 02 & 03 from suit, without prejudice to the right of plaintiff no. 01 & defendants.
Matter is adjd. to 07-07-2021 for personal verification of plaintiff on withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Adv. Mr. G. K. Birajdar for the plaintiff No.1 present
Advocate  for plaintiff No.1 filed application for withdrawing Vakalatnama from the proceeding.
O- Concerned to comply provisions proscribed in C.P.C.
Matter is adjd. to 20/08/2021 for compliance.
Next Purpose: WITHDRAWAL
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: court is on leave
Next Purpose: WITHDRAWAL
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: None for plaintiff.
Adv.Mangal Kadam for defendant/MHADA present.
Suit is pending for withdrawal the plaintiff No.1 was directed to remain present for verification. therefore the plaintiff to remain present on next date otherwise necessary order will be passed against him.
Matter is adjd. to 08.11.2021  for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: court is on leave
Next Purpose: WITHDRAWAL
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: As Court is busy is in hearing argument in SU 1954/21 NM 2416/21 and precipe matters. Hence, Board is discharged.
Matter is adjd. to 17.02.2022 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv Sandeep Bane for plaintiffs present.
Adv.Mangal Kadam for defendant nos.13 and 14/MHADA present.
Ld advocate for the plaintiffs submits that the plaintiffs want to withdraw the suit. The verification of plaintiff no.1 can be taken on VC. Verification of plaintiff nos.2 and 3 is already completed. Plaintiff no.1 being a Cancer patient is unable to attend the Court. Ld. advocate for the plaintiff seeks time to take instructions whether plaintiff no.1 can attend the District Court, Nashik or any Taluka Court for verification on VC. Hence, time is granted.
Matter is adjd. to 04.03.2022 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: Adv. Mr. Sandip Bane for plaintiff present.
None present for defendants.
Learned advocate for plaintiff submits that his client cannot attend the court for verification of withdrawal as he is bed ridden. He seeks time to bring the said fact on record by making necessary application.  Time is granted.
Matter is adjd. for withdrawal on 01-04-2022
Next Purpose: WITHDRAWAL
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Adv. Radhika Dave for defendant present.
Adv.Mangal Kadam for defendant nos. 13 and 14/MHADA present.
As Court is busy in hearing argument SU 1340/20 and recording evidence in SU 2010/10.
Matter is adjd. to 29-04-2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: None present for the parties.
Matter is adjd. to 27-07-2022.
Next Purpose: SETTLEMENT
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: court is on leave
Next Purpose: SETTLEMENT
Next Hearing Date: 24-09-2022

Date: 24-09-2022
Business: As per office Order 169/2022 Holiday is declare today hence matter adjd to
Next Purpose: SETTLEMENT
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: None present for plaintiff.
Adv. Mangal Kadam for defendant nos. 15 to 19/MHADA present.
Matter is adjd. to 03.12.2022 for SETTLEMENT.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-12-2022

Date: 03-12-2022
Business: None present for the parties.
Matter is adjd. to 13.01.2023 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: None present for plaintiff
Adv.Mangal Kadam for defendant Nos. 15 to 19 present.
Perusing record, it appears that, plaintiff\\\''s advocate submitted that, he is going to withdraw the suit but his client is not present for verification. Hence, he was seeking time for making necessary applications. But thereafter, 5 dates the plaintiff and his advocate remained absent for filing the withdrawal application.
The Plaintiff Nos. 2 and 3 has filed withdrawal application below Exh.8 and suit is withdrawn against plaintiff Nos 2 and 3.
It appears that, plaintiff No.1 is absent for further compliance and for withdrawal of the suit. It appears that plaintiff does not wants to proceed with the suit. Hence, adjoined for dismissal of suit.
Matter is adjourned to 18.02.2023 for suit dismissal.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: None present for the parties.
Matter is adjourned to 04.03.2023 for Suit Dismissal.
Next Purpose: SUIT DISMISSAL
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: None present for the parties.
Perusing record, it appears that plaintiff no. 2 and 3 filed pursis below Exh.8 and withdraw the suit. But the plaintiff no. 1 was not present for personal verification, then matter was kept for compliance since 07.07.2021 till today. But the plaintiff no 1 is absent. The advocate for plaintiff no. 1 was submitted that plaintiff is bed ridden and seeking time for compliance. Since 01.04.2022 Advocate for the plaintiff not complied and withdraw the suit. Hence, the suit was kept for dismissal on 18.02.2023. On that day also neither plaintiff present nor his advocate complied. Hence, it appears that plaintiff does not want to proceed with this suit. Hence, suit against plaintiff No. 1 is hereby dismissed for want of compliance. In view of order passed in the suit, the Notice of Motions nos 1146/21, 743/21 and 739/21 are also hereby dismissed.
Nature Of Disposal: DISMISSED
Disposal Date: 04-03-2023

NOTICE OF MOTION/101834/2020
NOTICE OF MOTION/100739/2021
NOTICE OF MOTION/101833/2020
NOTICE OF MOTION/101146/2021
NOTICE OF MOTION/100743/2021

Registration Number: 100271/2020
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 100041/2020
Filing Date: 02-01-2020
First Hearing Date: 12th March 2020
Decision Date: 04th March 2023
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE