Date: 14-01-2019
Business: Adv. Rahul Raut for plff. present and has filed registered N/M No.43/19 along with supporting affd. t.o.r
Adv. Shipra Tanna for D/1 and 2 present and has filed V/P on behalf of D/1 and D/2 t.o.r
On request of Adv. for defts Matter is adjd. to. 20.02.2019 for reply to N/M No.43/19 and W/S.
E.O. to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2019
Date: 20-02-2019
Business: Adv. for plff. present.
Adv. for deft. present.
On request of Adv. for plff. Matter is adjd. to. 10.04.2019 for reply to N/M No.43/19.
E.O. to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2019
Date: 10-04-2019
Business: Matter is adjd. to 14/06/2019 for reply to the NM and W/S. E.O. to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2019
Date: 14-06-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Court is busy in dictating Judgment in suit no.5559/07, hence case is adjourned to 16/10/2019.
Advocate Garewal for Plaintiff present
Advocate Shipra Tanna for Defendant present and filed registered Notice of Motion no.2827/2019 with affidavit in support, t.o.r.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Court is busy in hearing and dictating order on Notice of Motion in suit no.1807/18 and hearing Notice of Motion in suit no.2853/18, hence case is adjourned to 16/12/2019.
L.O.
Advocate Kirtika Kothari for Plaintiff filed reply to NM no.2827/18, t.o.r.
Advocate for Defendant present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Advocate Ms. Kritika Kothari for Plaintiff present
Advocate Ms. Shilpa Tanna @ Defendant present.
Court is busy in dictating Judgment in suit no.8136/86, hence case is adjourned to 13/01/2020.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Advocate Mr. Rahul Raut for Plaintiff present
Defendant no.1 and 2 present.
Heard Plaintiff\''s advocate who has submitted that Notice of Motion for condonation of delay caused in filing Written Statement of Defendants is strongly resisted but if court comes conclusion to allow it, heavy costs may be ordered to be paid by Defendants to Plaintiff.
Defendants submitted that their advocate is not available hence matter may be adjourned.
Considering submissions I find that orders in Notice of Motion can be passed even in absence of Defendants advocate.
ORDER ON NM
This is the Notice of Motion taken out by Defendant no.1 and 2 for condoning delay of 198 days caused in filing their Written Statement. It is contended that Defendant no.1 is suffering from mental illness including hallucinations and depression therefore he is required to have treatment. Defendant no.2 is 65 year old lady and she is also having various ailments and hypo thyroid, hence she is unable to have free movement, hence the delay is caused in filing Written Statement, therefore Defendants have prayed to condone the delay and to accept their Written Statement.
Plaintiff has resisted Notice of Motion contending that day to day delay is not explained and no documentary evidence about illness of Defendants is filed. I have given serious consideration to the contentions raised by the parties. Defendant no.2 is present before the Court and her illness about hypo thyroid is visible. Further, considering the fact that Defendant no.1 was suffering from depression, I find that Defendants have succeeded in giving reasonable grounds for condonation of delay for filing Written Statement, hence, I proceed to pass following order-
ORDER
1. Notice of Motion no.2827/2019 is made absolute.
2. Delay of 198 days caused in filing Written Statement by Defendants is condoned subject to cost of Rs.1,500/- to be paid by Defendants to Plaintiff.
3. On Payment of cost amount by Defendants to Plaintiff, their Written Statement will be accepted.
Earlier order to continue till next date.
Case is adjourned to 19/03/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: None present for Plaintiff.
None present for Defendant.
In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard.
Case is adjourned to 14/07/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Business: Adjourned due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Business: National Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 15-09-2020
Date: 15-07-2020
Business: National Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Business: Adjourned due to Covid-19.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 28/01/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: None present for plaintiff
Adv Mr. Jaiswal for defendants present and seeks adjournment for compliance of order about paying/depositing cost.
As nobody present for plff., considering pandemic condition, matter is adjourned for compliance to 26.03.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: None present for plaintiff.
Adv. Ms. Khan for defendant present and seeks time for compliance. As nobody is present for the plaintiff, considering the present Pandemic Condition matter is adjourned for compliance to 17/06/2021.
Judge.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2021
Date: 17-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: None present for both the parties.
Matter is kept today for compliance of order dt.13.01.2020 passed in NM No.2827/2019. On 28.01.2021 and 26.03.2021, adjournment were claimed on behalf of the defts for compliance of said order. Nobody appeared for the defts today to show that said order is complied with. As said order is not complied with, suit to proceed without WS of the defts.
Matter is adjd. for hearing in NM No.43/2019 and Ex-parte evidence to 22.10.2021.
Earlier interim order to continue till then.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Plff present with Adv Ms. Kothari for plff.
Deft present with Adv Ms. Khan for deft and submitted that defts are ready to pay cost as per order dt.13.01.2020. Adv. for the plf is ready to accept the cost amount. Adv for defts requested to accept the WS of defts on record which is already filed. Since the adv. for the plff has no objection, the order passed on previous date to proceed with the suit ex-parte is hereby set aside on oral request of adv. for the defts and WS at Exh.6 of defts is taken on record as cost amount of Rs.1500/- is paid by defts and is accepted by the adv. for the plff.
Adv. for the defts seeks time to file reply to NM No.43/2019. Adv for plff has no objection hence, time granted till next date.
Matter is adjd. for NM reply to 07.12.2021.
Earlier interim order, if any, to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv Ms. Kritika Kothari present for plff.
Deft Nos.1 and 2 present.
Adv Ms. Sonali Hirve h/f Adv Mr. Shaikh present for deft. and seeks time to file reply in NM No.43/2019.
By consent, matter is adjd. for NM reply to 10.02.2022.
Earlier interim order to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: Due to Covid 19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: Adv Ms. Kothari present for plff.
Deft present in person and requested to keep back the matter.
K.B.
L.O.at
Adv Ms. Kothari present for plff.
Adv Ms. Shweta for deft No.1 and 2 present and filed affidavit in reply in NM No.43/2019 on behalf of deft Nos.1 and 2.
She also filed affidavit in support of reply filed in NM No.43/19.
Copy served on adv for plff.
By consent, matter is adjd. for NM hearing to 20.06.2022.
Earlier interim order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Adv.Rahul Raut i/b.N.N.Vaishnava and Co. for plaintiff present.
Adv.A.N. Shaikh for defendant present.
The plaintiff wants to file rejoinder in NM.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 22.07.2022 at morning for filing rejoinder/hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2022
Date: 20-06-2022
Business: Adv.Rahul Raut i/b.N.N.Vaishnava and Co. for plaintiff present.
Adv.A.N. Shaikh for defendant present.
The plaintiff wants to file rejoinder in NM.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 22.07.2022 at morning for filing rejoinder/hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Adv.Jasmin Kaur i/b.N.N.Vaishnava and Co. for plaintiff present.
Adv.Nouman Shaikh for all defts. present.
The Ld.Adv.for pltff. requested for time to file rejoinder in NM. Time granted.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 12.09.2022 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Matter pertains to CR No.62 (In-Charge of CR No.62.)
Adv.Jasmine Kaur for plaintiff present.
Adv.Drishti Khurana for all defendants present.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 16.11.2022 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 16-11-2022
Date: 12-09-2022
Business: Matter pertains to CR No.62 (In-Charge of CR No.62.)
Adv.Jasmine Kaur for plaintiff present.
Adv.Drishti Khurana for all defendants present.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 16.11.2022 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Adv. Rahul Raut for plaintiff present.
Adv. Manisha Jaiswal for Deft.
On oral request of plaintiff matter adjourned.
Earlier order, if any to continue.
Matter adjd to 20.01.2023 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 20-01-2023
Date: 16-11-2022
Business: Adv. Rahul Raut for plaintiff present.
Adv. Manisha Jaiswal for Deft.
On oral request of plaintiff matter adjourned.
Earlier order, if any to continue.
Matter adjd to 20.01.2023 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Adv. Rahul Raut For plaintiff present and filed affidavit in rejoinder in n/m no. 43 of 2019 and marked at Exh 6. TOR.
None for defendant.
Earlier order to continue till next date.
Matter adj. to 22/02/2023 for n/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: None present for defendant.
Adv.Jasmin Kaur M/s.N.N.Vaishnawa and Co. for plaintiff present. She orally requested for adjournment. As none present for defendant, adjournment granted.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 18.04.2023 for NM hearing.
Judge
LO at 03.30 pm
Adv.Anjali Joshi h/f.Adv.Drishti Khurana for defendant present.
Matter adjd to 18.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2023
Date: 22-02-2023
Business: None present for defendant.
Adv.Jasmin Kaur M/s.N.N.Vaishnawa and Co. for plaintiff present. She orally requested for adjournment. As none present for defendant, adjournment granted.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 18.04.2023 for NM hearing.
Judge
LO at 03.30 pm
Adv.Anjali Joshi h/f.Adv.Drishti Khurana for defendant present.
Matter adjd to 18.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Adv.Pankaj Kamble for defendant present and requested for adjournment.
KB, LO at 03.45 pm
Defendant No.1 and 2 are present.
Adv.Rahul Raut for plaintiff present.
Earlier order of interim relief if any to continue till next date.
On oral request of the defendant matter adjd to 23.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: Adv. Rahul Rautfor plaintiff present.
Adv Mulani for defendant present.
Parties may file written notes of arguments.
Earlier order is continued till next date.
On the oral request of advocate matter is adjourned.
Matter is adjd.to 23-08-2023 for N-m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: Adv. Jasmin Kaur h/f Vaishnav and company for plaintiff present.
Adv. Anjali Joshi for def. present.
Earlier order, if any, is continued till next date.
Matter is adjd. for NM hearing to 04/10/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Adv. Jasmin Kaur for plaintiff present.
Adv. Aajim Khan for defendant present.
Earlier order if any, be continue till next date of hearing.
Matter is adjd.to 23-11-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2023
Date: 23-11-2023
Business: Adv. Jasmin Kaur for plaintiff present.
None for defendant
Earlier order if any, be continue till next date of hearing.
Matter is adjourned to 03-01-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2024
Date: 03-01-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Adv. Jasmin Kaur for plaintiff present.
Adv. Feroz Khan for defendant
Earlier order if any, be continue till next date of hearing.
Matter is adjourned to 20-03-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2024
Date: 20-03-2024
Business: Adv. Rahul Raut for plaintiff present.
Adv. Afsar Ansari for defendants present.
Earlier order if any, be continue till next date of hearing.
Matter is adjourned to 19-06-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2024
Date: 19-06-2024
Business: Adv. Jasmin Kaur for plaintiff present and prayed for adjournment.
Adv. Feroz Khan for defendant present.
Earlier order if any be continue till next date of hearing.
Matter is adjourned to 22-08-2024 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2024
Date: 22-08-2024
Business: Adv.Tushar Dahibaukar for all defendants present.
Adv.Natasha Bhor for plaintiff present.
CA of plaintiff is present.
Matter is adjourned to 26-09-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2024
Date: 22-08-2024
Business: Adv.Jasmin Kaur for plaintiff present.
Adv.Atif Saheb for defendants present and seeking adjournment for arguments.
Earlier order if any, be continued till next date.
Matter is adjourned to 16.10.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2024
Date: 16-10-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
(Matter received from CR No.62 as per order dtd. 08.10.2024.)
Defendant No.1 present.
KB at 02.45pm.
Later on
Same appearance.
Adv. Atif Saheb for defendant No.1 is present.
None for the plaintiff.
Keep for arguments. Adjourned on 05.11.2024 for NM Hearing. Matter is placed for arguments of NM at 11.00am on 05.11.2024.
Later on
Adv. Rahul Raut h/f Vaishnawa and Co for plaintiff present.
Interim order if any to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2024
Date: 16-10-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
(Matter received from CR No.62 as per order dtd. 08.10.2024.)
Defendant No.1 present.
KB at 02.45pm.
Later on
Same appearance.
Adv. Atif Saheb for defendant No.1 is present.
None for the plaintiff.
Keep for arguments. Adjourned on 05.11.2024 for NM Hearing. Matter is placed for arguments of NM at 11.00am on 05.11.2024.
Later on
Adv. Rahul Raut h/f Vaishnawa and Co for plaintiff present.
Interim order if any to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2024
Date: 05-11-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Rahul Raut i/b M/s. N. N. Vaishnava and Co. for plaintiff present and prays for time.
Adjourned on 19.11.2024 for NM Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2024
Date: 05-11-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Rahul Raut i/b M/s. N. N. Vaishnava and Co. for plaintiff present and prays for time.
Adjourned on 19.11.2024 for NM Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2024
Date: 19-11-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Rahul Raut i/b M/s. N. N. Vaishnawa and Co. for plaintiff present.
None present for defendants.
Heard plaintiff on NM.
Adjourned on 21.11.2024 for Order on NM.
Later on
Adv. Atif Saheb appears for defendant No.1 and 2 and tenders written arguments to notice of motion. It is taken on record and marked as Exh.7. Deft to serve the other side today itself.
Adjourned on 21.11.2024 at 11.00am for Reply Arguments if any/Order on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2024
Date: 19-11-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Rahul Raut i/b M/s. N. N. Vaishnawa and Co. for plaintiff present.
None present for defendants.
Heard plaintiff on NM.
Adjourned on 21.11.2024 for Order on NM.
Later on
Adv. Atif Saheb appears for defendant No.1 and 2 and tenders written arguments to notice of motion. It is taken on record and marked as Exh.7. Deft to serve the other side today itself.
Adjourned on 21.11.2024 at 11.00am for Reply Arguments if any/Order on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Rahul Raut i/b M/s. N. N. Vaishnawa and Co. for plaintiff present.
Adv. Atif Saheb appears for defendant No.1 and 2 is present.
Heard reply arguments of both the sides.
Adjourned on 26.11.2024 at 11.00am for NM Order.
Earlier order, if any, to continue till next date.
Next Purpose: NM ORDERS
Next Hearing Date: 26-11-2024
Date: 21-11-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Rahul Raut i/b M/s. N. N. Vaishnawa and Co. for plaintiff present.
Adv. Atif Saheb appears for defendant No.1 and 2 is present.
Heard reply arguments of both the sides.
Adjourned on 26.11.2024 at 11.00am for NM Order.
Earlier order, if any, to continue till next date.
Next Purpose: NM ORDERS
Next Hearing Date: 26-11-2024
Date: 26-11-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Jasmine Kaur h/f M/s. N. N. Vaishnawa and Co. for plaintiff present.
Defendant No.1 present.
Adv. Atif Saheb for defendant No.1 and 2 present.
Adjourned on 27.11.2024 for NM Order.
Earlier order, if any, to continue till next date.
Next Purpose: NM ORDERS
Next Hearing Date: 27-11-2024
Date: 26-11-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Jasmine Kaur h/f M/s. N. N. Vaishnawa and Co. for plaintiff present.
Defendant No.1 present.
Adv. Atif Saheb for defendant No.1 and 2 present.
Adjourned on 27.11.2024 for NM Order.
Earlier order, if any, to continue till next date.
Next Purpose: NM ORDERS
Next Hearing Date: 27-11-2024
Date: 27-11-2024
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C. R. NO.19)
Adv. Rahul Raut a/w Adv. Jasmin Kaur i/b M/s. N. N. Vaishnawa and Co for plaintiff present.
Adv. Atif Saheb for defendant No.1 and 2 present.
Order is dictated and pronounced in open court.
F.R.S.R. Following order is passed.
ORDER
1. Notice of Motion No.43 of 2019 in Suit No.3265 of 2018 is dismissed.
2. Parties to co-operate and furnish draft issues on next date.
3. Notice of Motion No.43 of 2019 is disposed off accordingly.
Adjourned on 16.12.2024 for Draft Issues.
Later on
Same appearance.
Advocate of plaintiff tenders application praying for stay of the order. It is taken on record and marked as Exh.8.
Reply filed by defendant on application Exh.8. It is taken on record and marked as Exh.8-A. O - Considering the interim relief if any is extended by four weeks.
Nature Of Disposal: DISMISSED
Disposal Date: 27-11-2024