Diamond Hill Co-Operative Hsg. Soc. Ltd.VsM/s M.K.Realty through its Partners Kunal Pankaj Rawal and Manoj B. Vora

Date: 27-01-2020
Business: Adv. Sagar Batavre for plaintiff present and tendered original registered C/S No. 82/20 along with affidavit in support.He has also and tendered original registered NM Nos. 269/20,270/20,271/20 along with affidavit in support.
Adv.  Chaudhari   for defendant present and tendered affidavit in reply to C/S no. 82/20 and also tendered reply to  NM No. 269/20,270/20,271/20. Copies served to other side.
Order on C/S No. 82/20 -
           By instant C/S the plaintiff wants to correct error in the cost title whereby the name of defendant is mentioned as M.K. Realty  instead of K. M. Realty . It does not changed nature of suit. Therefore, C/S is allowed in terms of prayer clause (b). Amendment be carried out in plaint on or before next date.
Adjd to 06-02-2020  for NM rejoinder .
Next Purpose: REJOINDER
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Adv. Sana Khan  for plaintiff present.
Adv. Bipin Joshi  for defendant present and tendered affidavit in reply to NM No. 200/20. Copy served to other side.
Earlier order, if any, to continue till next date.
Adjd to 26-03-2020 for NM Hearing .
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2020

Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2020

Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Business: Adv. Nuzhat Ansari H/f Adv. Priyanshi Mishra for plaintiff present and submits that settlement talks are going on and requested for date.
Adv. P.B. Joshi H/f Adv. Bipin Joshi for defendant present.
By consent, adjourned to 05.10.2020 for NM hearing.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Business: Adv. Ms. Muzhad Ansari i/b Adv. Priyanshu Mishra for pltff. present.
Adv. Mr. Bipin Joshi for defendant present.
Ld. Adv. for plaintiff submits that settlement talks are going on between both the parties and requests time. Time granted.
Adjourned to 21.10.2020 for NM hearing.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Business: Adv. Sagar Bataviya i/b Priyanshu Mishra for plaintiff present.
Adv. P. B. Joshi for defendant present.
At the request of adv. for defendant adjourned to 05.11.2020 for settlement.
Earlier order, if any, to continue till next date.
Next Purpose: SETTLEMENT
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: Adv. Priyanshu Mishra for plaintiff is present.
Adv. Vedanshi Shah h/f Adv. Bipin Joshi for defendant is present.
At the request of both the parties, matter adjourned to 24.11.2020 for Settlement.
Earlier order, if any, to continue till next date.
Next Purpose: SETTLEMENT
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Business: Adv. Priyanshu Mishra for plaintiff present.
Adv. Mr. Bipin Joshi for defendant is present and submits that settlement is not possible and seeks adjournment.
Adjourned to 09.12.2020 for NM Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: It is noticed that advocate for plaintiff has already filed rejoinder to Notice of Motion No.269/2020, 270/2020 and 271/2020 in Court Room No.4 on 06.02.2020. But it is remained to be mentioned in the Roznama.
Advocate for defendant filed affidavit in reply on 03.03.2020 in N/M No.200/20 in Court Room No.4. It is also remained to be mentioned in Roznama.
Adv. Priyanshu Mishra for plaintiff is present.
Adv. Bipin Joshi for defendant is present.
Affidavit in rejoinder dt. 14.01.2020 in N/M No.200/20 is marked as Exh.8.
Further affidavit of plaintiff dt. 17.01.2020 in N/M No.200/20 is marked as Exh.8-A.
Affidavit in reply of defendant dt. 02.03.2020 in N/M No.200/20 is marked as Exh.8-B.
Advocate for defendant files additional affidavit dt. 08.12.2020 in N/M 200/20. TOR and marked as Exh.8-C.
Reply of defendant dt. 14.01.2020 in N/M No.269/20 is marked as Exh.9.
Affidavit of rejoinder of plaintiff dt. 06.02.2020 in N/M No.269/20 is marked as Exh.9-A.
Reply of defendant dt. 27.01.2020 in N/M No.270/20 is marked as Exh.10.
Affidavit of rejoinder of plaintiff dt. 06.02.2020 in N/M No.270/20 is marked as Exh.10-A.
Reply of defendant dt. 27.01.2020 in N/M No.271/20 is marked as Exh.11.
Affidavit of rejoinder of plaintiff dt. 06.02.2020 in N/M No.271/20 is marked as Exh.11-A.
Adjourned to 16.12.2020 for NM Hearing.
Earlier order, if any, to continue till next date.
L.O.
Advocate for plaintiff files affidavit in rejoinder dt. 16.07.2020 in N/M No. 200/20. TOR and marked as Exh.8-D.
Copy of rejoinder be served to advocate for defendant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Adv. Priyanshu Mishra for plaintiff is present.
Adv. Bipin Joshi for defendant is present.
Ld. counsel for plaintiff submits that the plaintiffs have instructed him that they would engage another advocate in the matter. He thus seeks time.
Ld. counsel for defendant submits that since the interim orders are running against him, his entire project is held up.
In such circumstances by way of last opportunity, matter is adjourned to 18.12.2020 for NM Hearing at 11.00 am.
Earlier order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: None present for plaintiff.
Ld. senior counsel Mr. Vijaysingh Thorat a/w Adv. Bipin Joshi, Adv. Sandeep Sharma and Adv. Sahil Ansari for defendant present.
Ld. senior counsel for the defendant submits that the matter was specifically fixed today for hearing as and by way of last opportunity. Specifically so, because interim order was running against the defendant since January, 2020 and the entire project was held up. Since nobody is appearing for the plaintiff there would be no question of continuing the interim relief which is continued by way of previous order until today.
Adjourned to 14.01.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Adv. Gaurav Shah a/w Adv. Ashish Mishra i/b Adv. Sanjeet Shukla for plaintiff present.
Adv. Bipin Joshi for defendant is present.
Adv. Kaustubh Thipsay i/b Adv. Sana Shaikh for applicant in Chamber Summons is present.
Advocate for applicant files registered chamber summons no.776/20.
Parties in suit seeks time to file reply to CS.
Advocate for defendant files draft notice of motion for rejection of plaintiffs suit under Order VII Rule 11 of the CPC, 1908.
Leave is granted to register notice of motion.
Heard both the sides.
Parties agreed that all pending interim proceeding can be heard together on next date. Parties to complete the pleadings in all those proceedings before the next date. Also in the meanwhile plaintiff  agrees to place the proposal of the developer before the general body meeting in terms of prayer clause (b) of the chamber summons no.776/20 of the applicant and place the resolution before the court on next date.
In this view of the matter applicant has no objection for disposing off the chamber summons.
Chamber Summons No.776/20 is accordingly disposed off.
Plaintiff would be entitled to place a board on the site of construction regarding the pendency of the present litigations.
Adjourned to 16.02.2021 for Reply to NM/Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Ld. counsel Mr. Gauraj Shah a/w Adv. Ashish Mishra i/b Adv. Sanjeet Shukla for plaintiff present.
Ld. counsel Mr. Bipin Joshi a/w Ld. counsel Mr. V. A. Thorat and Adv. Sandeep Sharma for defendant present and tendered original registered Notice of Motion No.226 of 2021.
Ld counsel for appellant submits that since the main motion is being taken for consideration, he would not be pressing NM No.200/20 and NM No.271/20. It is accordingly disposed off.
Partly heard Ld. counsel Mr. Gauraj Shah for plaintiff and Ld. counsel Mr. V. A. Thorat for defendant on notice of motions.
Adjourned to 26.02.2021 for further arguments.
Nature Of Disposal: OTHERWISE
Disposal Date: 16-02-2021

Main Case No: SUIT/0100017/2020
Main Cnr: MHCC010135552019
Main Filing No: 111447

Registration Number: 100271/2020
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 19 - COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

Filing Number: 100718/2020
Filing Date: 16-01-2020
First Hearing Date: 27th January 2020
Decision Date: 16th February 2021
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT