Sayeed Ahmed Mohammed Salim KhanVsMr. Rafique Ahmed Mohammed Salim Khan and Ors.

Date: 28-02-2019
Business: Adv. Seema Tambe Wagh for Plaintiff present.
Adv. Mangesh Kokare for Defendant present.
Adv for Plaintiff filed registered NM No.273/19 t.o.r.
Copy served on other side.
Ex.2 Adv Kokare filed V/n on behalf of Defendant nos.1,3 to 5 t.o.r.
He undertakes to file V/n on behalf of Defendant no.2.
Adj for reply to NM to 16.04.2019.
Next Purpose: REPLY
Next Hearing Date: 16-04-2019

Date: 16-04-2019
Business: Adv. Tambe Wagh for Plaintiff present.
Adv. Morabia for Defendant present.
Adv for defendant sought time to file WS and reply to NM.
Granted as last chance subject to payment of costs of Rs.2,000/- to the Plaintiff.
Adj for WS and NM reply to 19.06.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-06-2019

Date: 19-06-2019
Business: Adv. Seema Tambewagh for Plaintiff present.
Adv. Deep Morabia for Defendant present.
Adv for defendant tendered original NM No.1819/19 t.o.r.
Copy given to other side.
Affidavit in reply filed by defendant to NM.
Copy given to other side.
Adj for NM reply to 02.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2019

Date: 02-07-2019
Business: Plaintiff and advocate are absent.
Adv. Mangesh Kokare for defts is present.
In the interest of justice matter is adjourned for NM reply to 12.07.19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Business: Plff and Adv absent.
Adv. Deep Morabia for Defendant present.
Adj for NM reply to 24.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: Adv. C.S.Dongani for Plaintiff present.
Adv. Mangesh Kokare for defendant present.
Say filed by Adv for Plaintiff on NM No.1819/19.
Order below NM No.1819/19.
Perused Notice of motion, affidavit in support of it and reply of Plaintiff.
Heard respective counsel for parties.
Notice of motion is taken out by the defendants to condone the delay caused in filing written statement on record and to take written statement on record.
Plaintiff has no objection to take written statement on record.
Considering above facts and reason assigned by the defendants, I am inclined to condone the delay caused in filing written statement by the defendant and to take the same on record. However, considering the conduct of defendants, certain costs is required to be imposed upon them. Hence, pass following order.
ORDER
1. Notice of Motion No.1819/19 is allowed and made absolute in terms of prayer clauses (a) and (b) subject to deposit of costs of Rs.2,000/- in legal Aid funds of DLSA, Mumbai, within period of one week.
2. On deposit of costs by the defendants their written statement be taken on record.
Accordingly, NM No.1819/19 is disposed off.
Adj for compliance and NM hearing to 19.08.2019.
L.O.
Cost paid by Adv for defendants to the Adv for Plaintiff in terms of the order dtd.16.04.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: Plff and Adv absent.
Adv. Deep Morabia for defendant present.
Pleadings are complete in relation to NM No.273/19.
Adj for NM hearing to 01.10.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Adv. Seema Tambe for Plaintiff present.
Adv.Dilal Khureshi for defendant present.
Adv. for plaintiff filed adjournment application Granted.
Adjd.to 8.11.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: None present for plaintiff.
Adv. Deep Morabia for defendant present.
He requested for grant of adjournment.
O- Granted.
Adjd. for NM hearing to 2.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Adv. Plaintiff and Adv. Absent.
Adv. Deep Morbia for defendant present.
Order below NM 273/19
            Today present NM is for hearing but, plaintiff and his advocate are absent. On previous date also they were absent.  It seems that plaintiff is not interested to prosecute Notice of Motion.
Therefore, Notice of Motion no 273 of 2019 is dismissed in default.
Adjourned for framing issues to 18.01.2020.
Nature Of Disposal: DISMISSED
Disposal Date: 02-12-2019

Main Case No: SUIT/0102847/2018
Main Cnr: MHCC010125052018
Main Filing No: 111447

Filing Number: 100379/2019
Filing Date: 19-01-2019
First Hearing Date: 28th February 2019
Decision Date: 02nd December 2019
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE