Mr. Jyotiendra B. SanghaviVsMr. Bharat Premchand Parikh +1 more

Date: 22-01-2021
Business: By Praecipe
Adv Shrinath Trivedi h/f Kalpana Trivedi for plaintiff present.
Ex.02   Ld adv for plaintiff filed praecipe t.o.r. O- Allowed to take case on todays board from 01-02-2021.
He submits to extend time to issue writ of summons. Hence, time extended.
Issue writ of summons to defendant.
Matter already adjd on 01-02-2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 01-02-2021

Date: 01-02-2021
Business: Plaintiff present.
Adv. J.P Gor for plaintiff present.
None for defendant.
Today matter is for directions.
He seeks time to serve writ of summons. Time extended till next date for service affidavit.
Matter adjd for service affidavit to 09-04-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Adv. Jitendra Gor for plaintiff present.
None for defendant.
Matter adjd for Affidavit of service to 15.07.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Business: P. O. is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Adv.Khushi Awasti for plaintiff present.
None for defendant.
Matter adjd for service affidavit to 08-12-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Representative of plaintiff present.
Exh. 03- Application for extension of time. O-Time extended till next date.
Matter Adjd for service affidavit on 22/02/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Representative of plaintiff present.
None present for defendant.
Matter Adjd for service affidavit on 18/04/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: None present.
Matter Adjd for affidavit of service on 15/07/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: Representative of plaintiff present.
None present for defendant.
Time sought.
Matter Adjd for service affidavit on 12/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: Adv. Jitendra Gor for plaintiff present.
None present for defendant.
On oral request of Adv. for plaintiff issue fresh writ of summons.
Matter Adjd for report on 16/11/2022.
Next Purpose: REPORT
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Adv.  Umesh More for plaintiff present.
None for defendant.
Matter Adjd for Report 23.01.2023.
Next Purpose: REPORT
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Representative of plaintiff present.
None present for defendant.
Matter Adjd for report on 20/03/2023.
Next Purpose: REPORT
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: Plaintiff is present.
None present for defendant.
Kb..
Later on at 11.23 am.
Adv.Anisha Ansari for defendant present.
Matter Adjd for service affidavit/steps on 16/06/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: Plaintiff present.
None present for defendant.
Matter Adjd for order to 07.08.2023.
Next Purpose: ORDER
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: P. O. is on leave.
Hence, Matter is adjourned.
Next Purpose: ORDER
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: CORAM - H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 15)
Matter pertains to C.R.No.13.
Adv.Bamane present for plaintiff, tendered draft SJ TOR. He is seeking leave to register but it appears from the record that the defendant has tendered appearance on 09-03-2023, hence, SJ is taken out beyond 6 months from the date of appearance.
Plaintiff to take steps.
Matter stands adjourned for steps on 24-01-2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: Court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Business: Adv Hiral Mistry for plaintiff present.
None for defendant.
Adv. for plaintiff file draft Notice of Motion along with supporting affidavit taken on record. Order -  Leave granted to register Notice of Motion.
Matter is adjourned to 29.06.2024 for Notice of Motion
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: Court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-07-2024

Date: 26-07-2024
Business: Plaintiff present and terndered registered NM No. 2187/24 t.o.r.
Matter is adjourned to 29.11.2024 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2024

Date: 29-11-2024
Business: Adv. Meet Doshi for plaintiff present.
Adv. Anisha Ansari for defendant present.
Matter is adjourned to 07.02.2025 for NM Reply-rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2025

Date: 07-02-2025
Business: Adv. Rajesh Singhal for plaintiff present.
Defendant present and sought time to file reply on NM. Order - Granted lastly.
Matter is adjourned to 02.04.2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-04-2025

Date: 02-04-2025
Business: Adv. Rajesh Singhal h/f Adv. Kalpana Trivedi for plaintiff present.
Order - NM was tendered by plaintiff on 26.07.2024. The defendant sought time to file reply which they have not filed. Hence, NM to proceed without reply.
Matter is adjourned to 16.06.2025 for NM hearing.
Later on at 11.45 a.m
Adv. Anisha Ansari h/f Adv. S. C. Jodhavat for defendant present and orally prayed for setting aside no reply order and to take the reply on record.  Order - No reply order is set aside and the reply is taken on record.
Matter is adjourned to 16.06.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2025

Date: 16-06-2025
Business: Plaintiff present.
Adv. Nidhi Shah for plaintiff present.
P.O.A of defendant present.
Adv. Shah submitted that copy of reply is not served upon them. Order - The defendant is directed to serve copy by next date without fail.
Matter is adjourned to 02.09.2025 for  NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2025

Date: 02-09-2025
Business: PO is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2025

Date: 03-11-2025
Business: None for plaintiff.
Adv. Mansi Nirmal h/f Adv. S. C. Jodhawat for defendant present.
Defendant present.
Copy of reply for other side filed in the court.
Later on at 01.30 p.m
Adv. Yashika Jain for plaintiff present.
Copy of reply served to Adv. Jain.
Matter is adjourned to 07.01.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2026

Date: 07-01-2026
Business: Adv. Kalpana Trivedi for plaintiff present.
Adv. Mansi Nirmal h/f Adv. S. C. Jodhavat for defendant present.
Matter is adjourned to 23.03.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2026

Date: 23-03-2026
Business: None present.
Matter is adjourned to 10.06.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2026

Date: 10-06-2026
Business: Adv. Kalpana Trivedi for plaintiff present.
Adv. Manasi Nirmal i/b Adv. S. C. Jodhawat for defendant present.
Heard both the parties on NM No.2187/2024.
     Order in Notice of Motion No. 2187/2024
                 This Notice of Motion is taken out by plaintiff with a prayer to condone delay caused in taking out summons for judgment. Notice of Motion is supported by an affidavit. Defendants filed reply affidavit. I have heard both the ld. Advocates at lenghth.
                     Present is a suit for recovery of money alongwith interest. This is a summary suit so, it will be governed under order 37 of Code of Civil Procedure. After receiving writ of summons to appear, defendants appeared in the proceeding long back. However, somehow plaintiff did not take out summons for judgment till this date.
                   As per rule 119 (4) of City Civil and Sessions Court Rules 1948, if decree is not applied within six months after filing plaint, the suit should be taken down in the daily cause list of dismissal order. In this regard ld. Advocate for plaintiff argued that suit was original instituted in a Court which was located at Main Branch. That court was vacant for a period of one year. Thereafter in the year 2024 suit was transferred to the newly established Mazgaon Court. So there was an inadvertent delay in taking out Summons for Judgment and it may be condoned.
                    Per contra ld. Advocate for defendants strongly objected Notice of Motion on ground that plaintiff could have preferred Summons for Judgment before In-charge court and grounds mentioned in the affidavit are not satisfactory. It is a matter of fact that Mazgaon Court was made functional from January, 2024. Accordingly so many matter were transferred from Main Branch to Mazgaon court. It is correct that plaintiff could have preferred Summons for Judgment before in-charge court. However that cannot be only ground to throw away present Notice of Motion. In order to decide matter on merit fair opportunity deserves to be granted to plaintiff to place on record Summons for Judgment.
                              Only after securing leave to defend/reply as per law Summons for judgment can be decided on merit. So far as delay on the part of plaintiff is concerned, plaintiff can be directed to pay costs to defendants. Thus, grounds are satisfactory. Notice of Motion succeed. Hence, following order is passed-
Order
1. Notice of Motion No. 2184/2024 is allowed and delay caused in taking out Summons for Judgment by plaintiff is condoned, subject to costs of Rs.3000/-.
2. Above referred costs shall be paid by plaintiff to defendants on or before next date and compliance pursis shall be filed on record.
3. Payment of costs is condition precedent for taking summons for judgment on record.
4. Notice of Motion is disposed of and it shall form part of main suit.
Matter is adjourned to  10-07-2026  for compliance by plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-07-2026

Date: 10-07-2026
Business: Adv. Nidhi Shah i/b Adv. Kalpana Trivedi for plaintiff is present.
Adv. Manasi Nirmal i/b Adv. S. C. Jodhavat  for defendant is present.
Defendant Mr. Bharat Parikh is present.
Exh.09    -  Compliance pursis filed by plaintiff. Cost is paid to defendant.
Adv. for plaintiff filed draft SJ along with supporting affidavit taken on record. Order -  Leave is granted to register SJ.
Copy be served on other side and service affidavit shall be filed.
Matter is adjourned to 11.08.2026 for Tendering registered SJ.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-08-2026

Date: 11-08-2026

Date: 15-09-2026
Business: This matter was on board of 15.09.2026.  As per office order 279 of 2026 dated 11.09.2026, 15.09.2026 was declared as public holiday. Hence, matter is taken on todays board.
Matter is adjourned to 16.10.2026 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-10-2026

SUMMONS FOR JUDGT/100195/2026
NOTICE OF MOTION/102187/2024

Registration Number: 100460/2020
Transfer Date: 01-01-2024
From Court: 13 - COURT 13 ADDL SESSIONS JUDGE
To Court: 83 - judge 904

Filing Number: 101416/2020
Filing Date: 31-01-2020
First Hearing Date: 22nd January 2021
Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE