Mr. Nitin Raoji Joshi +1 moreVsMs. Rupji Constructions +2 more

Date: 05-02-2019
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 29-04-2019

Date: 29-04-2019
Business: Holiday declared on account of Lok Sabha. Hence matter is taken on today\''s Board.
Plaintiff present.
Adv. Sandeep Kumbhar for plaintiff present.
Adjd for SJ hearing to 28/06/2019.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-06-2019

Date: 28-06-2019
Business: Adv. Neelam Vishwakarma for plaintiff present.
Defendant and his advocate absent.
Affidavit of service of Summons for judgment to defendant is not on record.
Plaintiff to comply on next date.
Adjd for SJ hearing to 04/09/2019.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-09-2019

Date: 04-09-2019
Business: Court is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Business: Adv. Mr. Sandeep Kumbhar  for plaintiff present.
The roznama shows that draft SJ is served  Adv. for defendant on 28.02.2018.
The registered SJ needs to be served to the defendants Hence plaintiff to serve the registered SJ to the Adv. for defendant.
Adjd for SJ hearing to 08/11/2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-12-2019

Date: 21-12-2019
Business: Advocate Sandeep Kumbhar for Plaintiff present.
Matter adjd to 28/01/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-01-2020

Date: 28-01-2020
Business: Plaintiff is present.
Adv. Sandeep Kumbhar for plaintiff present.
Adv. for plaintiff filed application
None present on behalf of defendant.
Adjd for compliance to 18/03/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: Adv. Sandeep Kumbhar for plaintiff present.
As per office order No. 60 of 2020 dt. 16.03.2020 in view of declaration of Novel Corona virus COVID-19, suit is adjourned.
Adjd for compliance to 02/05/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-05-2020

Date: 02-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 22-05-2020

Date: 22-05-2020
Business: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Business: Due to lockdown, board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Business: Adv. Sandeep Kumbhar for plaintiff present.
Adjd for compliance to 13/01/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: Adv. Kumbhar for plaintiff present.
None for defendant.
Today matter is for
Ld Adv for plaintiff submits that copy of SJ is served to the defendant advocate which reflects in the roznama/ noting dated 28-02-2018. He further states even thereafter defendant did not file reply to the SJ. He informed to the advocate of defendant by letter regarding this matter. The defendant advocate informed him that he withdrew his V/N and gave NOC to appoint another advocate to the defendants. The Ld Adv for plaintiff further states there is nothing on record that defendant''s advocate took steps to discharge him. He further states defendant no. 2 and 3 are in Taloja Jail. He also addressed letter dated 12-02-2020 to the Jail Superintendent, Taloja and tried to inform defendants to accept service of SJ but invain. Therefore, I am opinion that copy of SJ can be served by Bailiff to all defendants through Superintendent of Taloja Jail. Hence, copy of SJ be served to all defendants through Bailiff through Superintendent of Taloja Jail at the costs of plaintiff.
Matter adjd for affidavit of service to 22-03-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv. Sandeep Kumbhar for plaintiff present.
None for defendant.
He seeks time for service affidavit. Time granted till next date.
Matter adjd for service affidavit to 09-06-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-06-2021

Date: 09-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: Adv. Sandeep Kumbhar for plaintiff present.
None for defendant.
Adv. for plaintiff tendered original SJ 45/19 along with affidavit of in support.
Matter adjd for Report to 11.10.2021.
Next Purpose: REPORT
Next Hearing Date: 11-10-2021

Date: 20-08-2021
Business: Adv. Sandeep Kumbhar for plaintiff present.
None for defendant.
Adv. for plaintiff tendered original SJ 45/19 along with affidavit of in support.
Matter adjd for Report to 11.10.2021.
Next Purpose: REPORT
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: P.O. is on leave.
Next Purpose: REPORT
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: Adv. Kumbhar for plaintiff present.
None present for defendant.
Exh.03- Adv. for plff filed an application for service of SJ to serve defendant through bailiff. O-Allowed as prayed.
Matter Adjd for report on 17/01/2022.
Next Purpose: REPORT
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: P. O. is on leave
Next Purpose: REPORT
Next Hearing Date: 10-03-2022

Date: 17-01-2022
Business: P. O. is on leave
Next Purpose: REPORT
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Adv. Sandip Kumbhar for plaintiff present.
None present for defendant.
Exh.07 - Report of bailiff.
Matter Adjd for steps on 27/04/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-07-2022

Date: 27-04-2022
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: Adv. Sandeep Kumbhar for plaintiff present.
None present for defendant.
Plaintiff is present.
Draft chamber summons alongwith affidavit in support tendered by plff.
Order - Leave is granted to register the chamber summons.
Matter Adjd for tendering original registered CS on 29/08/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-08-2022

Date: 14-07-2022
Business: Adv. Sandeep Kumbhar for plaintiff present.
None present for defendant.
Plaintiff is present.
Draft chamber summons alongwith affidavit in support tendered by plff.
Order - Leave is granted to register the chamber summons.
Matter Adjd for tendering original registered CS on 29/08/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Adv. Sandip Kumbhar for plaintiff present.
None present for defendant.
Ld. Adv. for plaintiff tendered original registered CS NO.1092/22. TOR.
Plaintiff is present.
Order below Chamber summons No.1092/2022
Order - Perusal of record shows that, the defendants are not served by way of ordinary summons. Hence issue writ of summons by way substituted service by Paper Publication. Chamber summons is disposed off accordingly.
Matter Adjd for service affidavit on 11/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-10-2022

Date: 31-10-2022
Business: By Praecipe
Adv. Sandip Kumbhar for plaintiff present.
None present for defendant.
Exh.08 - Application for taking matter on today\''s board. O-Allowed.
Exh.09 - Application for modifying the order dt.29.08.2022.
Order below Exh.09
Application Exh.09 is allowed. The order dt.29.08.2022 is modified.
Issue Summons for judgement by way of substituted service by paper publication.
Matter already adjd for service affidavit on 11/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-11-2022

Date: 31-10-2022
Business: By Praecipe
Adv. Sandip Kumbhar for plaintiff present.
None present for defendant.
Exh.08 - Application for taking matter on today\''s board. O-Allowed.
Exh.09 - Application for modifying the order dt.29.08.2022.
Order below Exh.09
Application Exh.09 is allowed. The order dt.29.08.2022 is modified.
Issue Summons for judgement by way of substituted service by paper publication.
Matter already adjd for service affidavit on 11/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: Adv. Sandip Kumbhar for plaintiff present.
None present for defendant.
Exh. - Application extension of time for paper publication of SJ.        O-Time extended till next date.
Matter Adjd for service affidavit of SJ on 17/01/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Adv. Sandeep Kumbhar for plaintiff present.
None present for defendant.
Exh.11- Service affidavit of SJ. O-seen.
Matter Adjd for order on 24/02/2023 at 02.45 pm.
Next Purpose: ORDER
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: Adv. Sandeep Kumbhar for plaintiff present.
None present for defendant.
Defendant duly served with SJ but failed to file reply. Hence SJ will be decided alongwith main suit.
Matter Adjd for ex-parte evidence on 24/04/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: Adv. Sandeep Kumbhar  for plaintiff present.
None present for defendant.
Plaintiff is present.
Exh.12- Claim affidavit. O-read and recorded.
Exh.13 - List of documents. O-be filed.
Heard Ld. Adv. for plaintiff on admissibility of documents.
Matter Adjd for exhibiting the documents on 05/07/2023.
Next Purpose: FOR___________________
Next Hearing Date: 05-07-2023

Date: 24-04-2023
Business: Adv. Sandeep Kumbhar  for plaintiff present.
None present for defendant.
Plaintiff is present.
Exh.12- Claim affidavit. O-read and recorded.
Exh.13 - List of documents. O-be filed.
Heard Ld. Adv. for plaintiff on admissibility of documents.
Matter Adjd for exhibiting the documents on 05/07/2023.
Next Purpose: FOR___________________
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: P.O. is on Leave. Hence, matter is adjourned.
Next Purpose: FOR___________________
Next Hearing Date: 15-09-2023

Date: 05-07-2023
Business: P.O. is on Leave. Hence, matter is adjourned.
Next Purpose: FOR___________________
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Plaintiff no.1 is present.
Defendant and his counsel are absent when called.
Adv. Sandeep Kumbhar for plaintiff is present.
Matter Adjd for argument to 10.11.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-11-2023

Date: 10-11-2023
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-01-2024

Date: 23-01-2024
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-03-2024

Date: 23-01-2024
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-03-2024

Date: 12-03-2024
Business: Court is Vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-05-2024

Date: 12-03-2024
Business: Court is Vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-05-2024

Date: 06-05-2024
Business: Adv. Sandip Kumbhar for plaintiff present.
None for defendant.
Matter is adjourned to 15.06.2024 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-06-2024

Date: 06-05-2024
Business: Adv. Sandip Kumbhar for plaintiff present.
None for defendant.
Matter is adjourned to 15.06.2024 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: P.O. is on Leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-08-2024

Date: 15-06-2024
Business: P.O. is on Leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-08-2024

Date: 05-08-2024
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 19-09-2024

Date: 19-09-2024
Business: Adv. S. Kumbhar for plff.
Plff present.
Heard Final Argument of Advocate Kumbhar.
Matter is adjourned to 26/09/2024 for Judgment.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-09-2024

Date: 19-09-2024
Business: Adv. S. Kumbhar for plff.
Plff present.
Heard Final Argument of Advocate Kumbhar.
Matter is adjourned to 26/09/2024 for Judgment.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-09-2024

Date: 26-09-2024
Business: Adv. Ranawat h/f Adv. Sandeep Kumar for present.
Matter is adjourned to 04.11.2024 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-11-2024

Date: 26-09-2024
Business: Adv. Ranawat h/f Adv. Sandeep Kumar for present.
Matter is adjourned to 04.11.2024 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-11-2024

Date: 04-11-2024
Business: Adv. Sandeep Kumbhar for plaintiff is present.
Heard final argument of counsel for plaintiff.
Matter is adjourned to 28.11.2024 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 28-11-2024

Date: 04-11-2024
Business: Adv. Sandeep Kumbhar for plaintiff is present.
Heard final argument of counsel for plaintiff.
Matter is adjourned to 28.11.2024 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 28-11-2024

Date: 28-11-2024
Business: As court is busy in dictating judgment in Suit No.330 of 1990 and Order passed on SJ No.281/2013 in Suit No.6391/04 and SJ No.422 of 2014 in Suit No.6737/04.
Matter is adjourned to 12.12.2024 for Ex-parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 12-12-2024

Date: 28-11-2024
Business: As court is busy in dictating judgment in Suit No.330 of 1990 and Order passed on SJ No.281/2013 in Suit No.6391/04 and SJ No.422 of 2014 in Suit No.6737/04.
Matter is adjourned to 12.12.2024 for Ex-parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 12-12-2024

Date: 12-12-2024
Business: P.O is on Leave.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 02-01-2025

Date: 12-12-2024
Business: P.O is on Leave.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 02-01-2025

Date: 02-01-2025
Business: Plaintiff present.
F. R.S.R. following order is passed.
Order
1. The Summary Suit No.1320 of 2017 is decreed with costs.
2. The defendants are directed to pay to plaintiffs an amount of
Rs.12,00,000/- with 9 percent interest p.a from the date of the filing of the suit till its realization.
3.The S.J No.45/2019 is disposed off.
4.The decree be drawn up accordingly.
5.R and P be sent to Record Department.
Nature Of Disposal: DECREED
Disposal Date: 02-01-2025

Main Case No: SUMMARY CIVIL SUIT/0101320/2017
Main Cnr: MHCC010096262017
Main Filing No: 113080

Registration Number: 100045/2019
Transfer Date: 01-01-2024
From Court: 13 - COURT 13 ADDL SESSIONS JUDGE
To Court: 83 - judge 904

Filing Number: 101604/2019
Filing Date: 05-02-2019
First Hearing Date: 05th February 2019
Decision Date: 02nd January 2025
Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE