Date: 30-01-2019
Business: Adv. Mr. D. C. Shah for the Plaintiff present.
Adv. Ms. Rinkal Dholiya i/b Ravel Shah and co. for Defendant no. 2 present.
Adv. Ms. Munim h/f Mr. Hindade for deft no. 1 present and she undertakes to file Vakalatnama on next date.
Adv for deft no. 1 seeks adjournment for compliance of N/M. Granted as a last chance.
Matter is adjd. to 4.02.2019 for compliance.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-02-2019
Date: 04-02-2019
Business: Adv. Mr. D.C. Shah for the Plaintiff present.
Adv. Mr. Hindade for Defendant No.1 present.
Registered N/M No.310/19 tendered by Deft. no.1. T.O.R.
Adv. for the plff. seeks adjournment. Granted as a very last chance with directions failure to file reply to N/M on next date further orders will be passed.
Adv. Ms.Twinkle Dhokia for Deft. no.2 present.
Vakalatnama tendered by Deft. No.1. T.O.R.
Matter is adjd. to 18.02.2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2019
Date: 18-02-2019
Business: Resumed.
None for plaintiff. Adv. Nawaz Hindade for def. no. 1, Adv. Dwinkle Dholia for def. no. 2 are present.
Adv. Dholia filed reply to NM No. 310/2019 taken out by Def. no. 1.
Adv. Hindade seeks time to file rejoinder. Time is granted. The plaintiff has not filed the reply. NM be heard without reply of plaintiff.
Adjd for NM rejoinder if any and arguments to 06.03.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2019
Date: 06-03-2019
Business: Resumed.
Adv. Ms. Randhaye for plaintiff and Adv. Hindade for def no. 1 and Adv. Ms. Rinkal Dhokiya for def. on. 2 are present.
Adv. Hindade seeks time to file rejoinder to NM. Time is granted with a direction to supply the copy in advance to other side.
Adjd for NM rejoinder/arguments to 01.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2019
Date: 01-04-2019
Business: Resumed.
Adv. Jayshree Randhive for plaintiff tendered NM reply.
Adv. Rinkal Dhokiya for defendant no. 2 is present.
Adv. Haindaday for defendant no. 1 tendered rejoinder.
The P.O. is busy in hearing ad-interim reliefs arguments in Suit No. 2612/2015 and dictating Ch/s order in suit No. 868/2013. For want of time the board is discharged.
Adjd for NM arguments to 12.06.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-06-2019
Date: 12-06-2019
Reason For Adjournment: court time is over
Next Purpose: NM ARGUMENTS
Next Hearing Date: 22-07-2019
Date: 12-06-2019
Reason For Adjournment: court time is over
Next Purpose: NM ARGUMENTS
Next Hearing Date: 22-07-2019
Date: 22-07-2019
Business: Court is busy in hearing Notice of Motion in suit no.2489/12, hence case is adjourned to 03/08/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2019
Date: 03-08-2019
Business: Court is busy in hearing and dictating order on Notice of Motion in suit no.2537/13 and Chamber Summons in suit no.2889/09, hence case is adjourned to 18/10/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Advocate Jayashree Randheya for Plaintiff present
Advocate Munim h/f Adv. Hindande for Defendant no.1 present and submitted that advocate Mr. Hindade who is 77 years old, is not keeping well and hence could not attend the court due to his illness. Considering submissions adjourned.
Advocate Sayam Maheshwari for Defendant no.2 present
Case is adjourned to 18/11/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: None present for Plaintiff.
Defendant no.1 present. Her advocate absent.
Advocate Mr. Anshul for Defendant no.2 present.
As no one present for Plaintiff, Defendant no.1 is directed to argue NM on next date without fail.
Case is adjourned to 17/02/2020 for NM for hearing.
L.O.
Advocate Mr. Nawaz Hendare for Defendant no.1 present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: None present for Plaintiff.
Advocate Nawaz Haindaday i/b Arshad Haindaday @ Defendant no.1 present
Advocate Sayyam Maheshwari for Defendant no.2 present
Heard advocate for Defendant no.1 who has submitted that Defendant no.1 was in financial crises, hence her previous lawyers have not helped her. Any how, she had engaged the present advocate and her affidavit in lieu of examination in chief is ready, hence according to advocate for Defendant no.1 fair opportunity is necessary to be given to Defendant no.1 to contest the matter.
Advocate for Defendant no.1 who is really contesting the mater submitted that Plaintiff and Defendant no.1 are in collusion and there is no ground shown by Defendant no.1 to set aside the order dated 18/12/2018 passed by my learned predecessor. According to advocate for Defendant no.2, if said order will be set aside and Defendant no.1 will get the opportunity to contest the matter she will again delay the matter. Court has asked advocate for Defendant no.1 that whether the affidavit in lieu of examination in chief of Defendant no.1 and documents referred in it are ready for filing in the court, advocate for Defendant no.1 submitted that at 5.00 pm. he will make further submissions and informed the court that whether Defendant no.1 will ready to file documents which is referred in affidavit or not. It is made clear that, court has not come to conclusion to allow the Notice of Motion, however for testing the honest intention of Defendant no.1, the matter is kept back at 5.00 p.m. so that further orders in NM can be passed.
L.O. at 5.01 p.m.
Advocate for Defendant no.1 submitted that the document referred in affidavit in lieu of examination in chief of Defendant no.1 is not available for producing it before the Court. According to advocate for Defendant no.1 fair opportunity should be given to Defendant no.1 for contesting the matter. Advocate of Defendant no.2 submitted that if at all court comes to conclusion to make absolute the Notice of Motion filed by Defendant no.1, Defendant no.1 may be directed to bear heavy cost.
F.R.S.R. following order has passed-
ORDER
1. Notice of Motion no.310 of 2019 is made absolute in terms of prayer clause (a) and (b), subject to cost of Rs.1000/- to be paid by Defendant no.1 to Defendant no.2 who has contested Notice of Motion in real sense.
2. Defendant no.1 is directed to file her affidavit of examination in chief today only, however it will be exhibited on next date, subject to payment of cost by Defendant no.1 to Defendant no.2. It is made clear that, Defendant no.1 further should not seek any adjournments and should not contend that she is intending to produce the documents.
Advocate for Defendant no.1 filed affidavit in lieu of examination in chief, t.o.r. However, it will be exhibited subject to compliance of the order passed by the court in Notice of Motion no.310/19.
Defendant no.1 paid cost amount of Rs.1000/- to Defendant no.2, hence affidavit in lieu of examination in chief of Defendant no.1 is accepted and marked as Exh.27. Copy of affidavit in lieu of examination in chief served upon advocate for Defendant no.2. Defendant no.1 is directed to serve copy of affidavit on Plaintiff on next date. Defendant no.2 should record cross examination of Defendant no.1 and thereafter Plaintiff will be permitted to cross examine Defendant no.1.
Case is adjourned to 23/03/2020 for Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 17-02-2020