Ajit Laxmichand Nagda +3 moreVsRajesh Ashok Keny +1 more

Date: 19-07-2018
Business: Adv. Mr. Anand Singh for the plff present.
Issue writ of summons through bailiff.
Matter is adjd. to 28.09.2018 for proof of service of writ of summons to the deft.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-09-2018

Date: 28-09-2018
Business: Adv. Mr. Anand Singh for the Plaintiff present.
Adv. Mr. Satyam Dubey for Defendant present.
Vakalatnama tendered by deft no. 1. t.o.r.
Adv Mr. Pankar for deft no. 2 present.
Vakalatnama tendered by deft no. 2. t.o.r.
Deft nos.1 and 2 they have received writ of summons.
Matter is adjd. to 13.02.2019 for W.S by deft nos. 1 and 2
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-02-2019

Date: 13-02-2019
Business: Resumed.
None for plaintiff and defendants.
The defendants appeared on 28.09.2018.  They have not filed written statement.  Suit be heard without written statement of def. Nos. 1 and 2
Adjd for hearing without written statement to 15.03.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-03-2019

Date: 15-03-2019
Business: Resumed.
Adv. Dr. Anand Singh for plaintiff is present.  None for defendants.
Adv. Singh seeks time to file affidavit of evidence.  Time is granted as last chance.
Adjd for evidence of plaintiff to 30.04.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-04-2019

Date: 30-04-2019
Business: Resumed.
Adv. Dr. Anand Singh with Pw no. 1 are present.
None for defendant.
Exh. 1 - Plaint
Exh. 2 -  Vakalatnama . O- Seen and filed.
Exh. 2 A Vakalatnama of def. no. 1. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 3 A - Vakalatnama of def. no. 2. O- Seen and filed.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Affidavit of evidence of PW no. 1 Mr. Saurabh Shah.
O- R and R.
Exh. 7 - Compilation of documents. O- other side to say.
Adjd for reply on admissibility of documents to 01.07.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2019

Date: 01-07-2019
Business: Adv. Anand Singh for plaintiff present.
He seeks time on behalf of plaintiff.
Mater is adjourned for further evidence of the plaintiff to 26.8.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: Adv. Anand Singh for plaintiffs present.
None present for defendants.
The Ld. Counsel for the plaintiffs seeks time for adducing evidence.
Adjourned for evidence of plaintiffs to 20.9.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: Adv. Anand Singh for plaintiff present.
Adv.  Tiwari for defendant no. 1  present.
Reply filed by plaintiff on both unregistered Notice of Motions.
Order below draft NM filed by defendant no. 1
The defendant  no. 1 has tendered this NM seeking leave of this court to condone the delay in filing the written statement.  Plaintiff has filed reply.  Heard.  The Ld. Counsel for the defendant no. 1 submitted that  in the second week of September 2018 the defendant no. 1 received the writ of summons.  The defendant no. 1 came to the court on fixed date i.e. 28.9.2018.  Due to Ganpati festival the defendant no. 1 was in his personal difficulty and also due to ill-health does not contact his advocate.  On 28.9.2018 adv. Dubey appeared and the matter was adjourned to 13.02.2019.   Thereafter health of the daughter of defendant no. 1 was not good and also the defendant no. 1 was not keeping good health.  The defendant no. 1 contacted his advocate somewhat in November 2018, but his advocate had gone to native place during Diwali vacation, therefore could not had contact with the advocate.  When the defendant no. 1 contacted the advocate in December 2018, at that time also the court was vacant due to vacation.  In January 201 advocate asked to arrange the documents.  The defendant No. 1 being retired person, could not arrange the money for legal expenses, but meanwhile the order of without written statement was passed.  The defendant no.1 submitted that due to inadvertence and unavoidable circumstances defendant no. 1 could not file the written statement.
The Ld. Advocate for the plaintiff opposed the notice of motion on the count that the defendant no. 1 has not made out any case for condoning the delay .  The delay was deliberate with intention to prolong the trial. Hence, prayed for dismissing the notice of motion.
On considering the rival submission it appears that the writ of summons was served upon defendant no. 1 in September 2018 and even he appeared on 28.9.2018. The defendant no. 1 submitted on oath that due to his ill-health and ill-health of his daughter he could not contact the advocate. Further, when developed contact with the advocate, the advocate was not available in the town and thereafter there was Christmas vacation. He could not arrange the documents and money for legal expenses as advised by the advocate.  Thus it appears that the delay is sufficiently explained.  The defendant no. 1 has pointed sufficient cause for delay and therefore the notice of motion needs consideration.  Hence it is expedient to pass following order.
ORDER
1.  Notice of Motion is made absolute in terms of prayer clause (a) to (c) subject to cost of the Rs. 5,000/- to be paid by defendant no. 1 to the plaintiff within a period of six weeks from today
2.   Payment of cost is subject precedent.
3.  On depositing the cost by the defendant no. 1, within the stipulated time, the written statement be taken on record.
4.  Notice of Motion is disposed of accordingly and it be registered for statistical purpose
___________________________________________
Adjourned for hearing on other unregistered NM to  21.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: Adv. Anand Singh for plaintiff present.
Adv. Tiwari  for defendant no. 1 present.
Adv. Patil for defendant no. 2 present.
Disposed of NM no. 4288/19 tendered by the defendant no. 1.
Heard argument of Ld. Advocate for the plaintiff and defendant no. 2 on draft NM.
Order on draft Notice of Motion
This Notice of Motion  is filed by defendant no. 2 for condonation of delay in filing written statement.  Heard.  The Ld. counsel for the def. no. 2 submitted that the defendant no. 2 was in personal difficulty and was not keeping well after receipt of writ of summons.  He contacted with the advocate and has given the vakalatnama. Advocate appeared in the matter.  The defendant no. 2 did inquire with the advocate about the date and was not aware that the defendant no. 2 is required to file written statement within 90 days.  The defendant no. 2 has changed th advocate and has filed the present notice of motion along with written statement. The Ld. Advocate for the defendant no. 2 submitted that due to personal difficulty and ill health, defendant no. 2 could not file written statement within time. The Ld. Advocate for the plaintiff opposed the NM on the count that defendant no. 2 has not given any cogent reason for delay and prayed for dismissal of NM.
          The defendant no. 2, on oath, submitted that he was unable to file the written statement as he was unwell and was in some personal difficulty.  There is nothing to counter the submission of defendant no. 2.  Thus it appears that delay is sufficiently explained. There should not be hyper technical and pedantic approach in dealing with such type of motion . In the interest of justice the Notice of Motion needs consideration.   Hence it is expedient to pass following order.
ORDER
1.  Draft Notice of Motion is made absolute in terms of prayer clause (a) to (c) subject to costs of the Rs. 5,000/- to be paid by defendant no. 2 to the plaintiff within a period of six weeks from today
2.   Payment of cost is subject precedent.
3.  On depositing the costs by the defendant no. 2, within the stipulated time, the written statement be taken on record.
4.  Notice of Motion is disposed of accordingly and it be registered for statistical purpose
________________________________________________
Application filed on behalf of defendant no. 1 for permission to pay the costs.
O- Read application.  Permission is granted to the defendant no. 1 to pay the costs forthwith to the plaintiff or his counsel.  Application (Exh. 9) is disposed of accordingly.
Defendant no. 1 paid the costs to the counsel for the plaintiff.  As the cost is paid the written statement tendered by the defendant no. 1 is taken on record and marked as  Exh. 10
Written statement of defendant no. 1.
Defendant no. 2 paid the costs to the counsel for the plaintiff.  Defendant no. 2 to file written statement within a period of 30 days from today.
Adjourned for written statement of defendant no. 2 to 21.2.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: By precipe.
None for deft.
Adv. Tripathi for deft. no.2 present.
Ex.11 Written statement filed by Adv. Mr. Tripathi.
O. - Read and recorded.
The matter is already adjd to 21.02.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: None present.
The matter is adjd for issues to 02.05.2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-05-2020

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

Date: 22-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 11.01.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: None present.
The matter is adjd for framing issues to 01.04.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for framing issues to 20.07.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: P.O is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: None present.
Matter adjd for draft issues on 18.01.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: As per Office Order no. ''07of 2022 and ''103of 2022'' only Ugent matter is to be taken up for hearing therefore matter is adjd to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: None present.
Matter is adjd for draft issues 10-08-2022
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Shardul for plaintiff is present.
Adv. Jitendra Tiwari for defendant is present.
By way of last chance matter adjourned for draft issues.
Matter adjd to 03.11.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: None for plaintiff.
Adv. Ditendra Tiwari for defendant No.1 is present.
Deft. No.1 is present.
Matter adjd to 03/01/2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-01-2023

Date: 03-01-2023
Business: Adv. Neha Kamble for plaintiff is present.
None present for defendant.
Matter adjd to 24.02.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: Adv. Neha Kamble i/b Legal Chartered for plaintiff is present.
None present for defendant.
Matter adjd to 07.08.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: Adv. for plaintiff is absent.
Adv. for defendant is absent.
Issues framed.
Matter adjd to  19/10/2023 for R/E .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: P. O. is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: P. O is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-02-2024

Date: 20-02-2024
Business: Adv. Neha Kamble i/b Legal charter for plaintiff is present and seek time. O- Time granted.
Adv. Padmanabh for defendant is present.
Matter adjd to 13.06.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: Adv. Neha Kamble i/b Legal Charter for plaintiff is present and filed application Exh.12 for return of document. O- Document be return as per rules.
She also seek time to lead evidence. O- Time granted.
Adv. Jitendra Tiwari for defendant no.1 is present.
Matter adjd to 13.08.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-08-2024

Date: 08-08-2024
Business: Not on board taken on board
Adv. Neha Kamble i/b Legal Charter for plaintiff is present.
None present for defendant.
PW-1 Saurabh Shah present.
As per application Exh.12 original documents be return to the plaintiff as per list of Exh.7
Plaintiff filed xerox copy of documents list Exh.7 is taken on record.
Matter already adjd to 13.08.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-08-2024

Date: 13-08-2024
Business: Adv. Neha Kamble i/b Legal Charter for plaintiff is present and seek time. O- Time granted.
Adv. Jitendra Tiwari for defendant no.1 is present.
PW-1 absent.
Matter adjd to 08.10.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-10-2024

Date: 08-10-2024
Business: Adv. Neha Kamble for plaintiff is present and filed compilation of document Exh.13 t.o.r. Copy be served on other side.
PW 1 Saurabh Zaverchand Shah present.
None for defendant.
Matter adjd to 10/12/2024  for service of document.
Next Purpose: SERVICE
Next Hearing Date: 10-12-2024

Date: 10-12-2024
Business: Adv. Neha Kamble for plaintiff is present and filed service affidavit. TOR. Service is completed.
Adv. Sandeep Singh for defendant no.1 is present.
Matter adjd to 12.02.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-02-2025

Date: 12-02-2025
Business: P. O. is on leave
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-04-2025

Date: 11-04-2025
Business: None present for plaintiff.
Defendant no.1  present.
Adv. Sandeep Singh for defendant no.1 is present and seek time to file reply on document. O- Time granted.
Matter adjd to 11.07.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-07-2025

Date: 11-07-2025
Business: Adv. Neha Kamble i/b Legal Charter for plaintiff is present.
Adv. Sandeep Singh for defendant no.1 is present and seek time to file reply on documents of plaintiff. O- Time granted.
Matter adjd to 02.09.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 02-09-2025

Date: 02-09-2025
Business: Adv. Neha Kamble i/b Legal Charter for plaintiff is present.
Adv. Sandeep Singh for defendant no.1 is present and seek time to file reply on documents of defendant. O- Time granted.
Matter adjd to 28.10.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 28-10-2025

Date: 28-10-2025
Business: Adv. Neha Kamble i/b Legal Charter for plaintiff is present.
Adv. Sandeep Singh for defendant is present and seek time. O- Time granted.
Matter adjd to 23.12.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-12-2025

Date: 23-12-2025
Business: Adv. Neha Kamble i/b Legal Chartered for plaintiff is present.
Adv. Jitendra Tiwari i/b Adv. S. R. Dube for defendant no.1 is present and filed reply to the documents. TOR and marked as Exh.13A.
Defendant no.1 present.
Matter adjd to 16.03.2026 for marking documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-03-2026

Date: 16-03-2026
Business: P. O is on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-05-2026

Date: 07-05-2026
Business: Adv. Kairavi Dedhia i/b Legal Chartered for plaintiff is present and seeks adjournment.
Adv. Sandeep Singh for defendant is present.
Matter adjourned to 24.08.2026 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 24-08-2026

Date: 24-08-2026
Business: Adv. Neha Kamble i/b Legal Chartered for the plaintiff is present.
Adv. Sandeep Singh for the defendant No.1 is present.
Plaintiff seeks time for argument.
Matter adjourned for admission and denial to 05/10/2026.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-10-2026

NOTICE OF MOTION/104288/2019

Registration Number: 101586/2018
Transfer Date: 18-07-2026
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 12 - COURT 12  ADDL SESSIONS JUDGE

Filing Number: 101544/2018
Filing Date: 25-01-2018
First Hearing Date: 19th July 2018
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE