Date: 09-03-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2018
Date: 04-04-2018
Business: Matter is adjd. to 07.06.2018 for reply to N/M No. 409/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-06-2018
Date: 07-06-2018
Reason For Adjournment: court time is over
Next Purpose: SETTLEMENT
Next Hearing Date: 28-06-2018
Date: 28-06-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2018
Date: 24-07-2018
Business: Matter is adjd. to 31.08.2018 for hearing on N/M No.409/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2018
Date: 31-08-2018
Business: Matter is adjd. to 17.10.2018 for report of Lok-adalat / hearing on N/M No.409/18.
Next Purpose: REPORT
Next Hearing Date: 17-10-2018
Date: 17-10-2018
Business: Adv. for plff. present.
deft. and his adv. absent.
On request of Adv. for plff. Matter is adjd. to. 11.12.2018 for report of Lok-adalat / hearing on N/M No.409/18.
Next Purpose: REPORT
Next Hearing Date: 11-12-2018
Date: 11-12-2018
Business: Adv. for plff. present.
deft. and his adv. absent.
On request of Adv. for plff. Matter is adjd. to. 24.01.2019 for hearing on N/M No.409/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2019
Date: 24-01-2019
Business: plff. and his adv. absent.
deft. and his adv. absent.
As court is busy in argument in suit No.2541/14 and recording evidence in suit No.692/14 including suit No.8207/86 and hearing RTI Applications. Hence, board is discharged. Matter is adjd. to. 13.03.2019 for hearing on N/M No.409/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2019
Date: 13-03-2019
Business: Adv. for plff. present.
Adv. for deft. present and has filed an application for deciding the preliminary issue of jurisdiction. t.o.r Copy served on adv. of plff.
Matter is refereed to mediation
Matter is adjd. to 20.04.2019 for awaiting mediation report and reply and hearing on Exh.5 and hearing on N/M No.409/18.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: Pltff. and Adv. absent.
Adv. Heena Modi for deft present.
Matter is adjd. to. 17.06.19 for report of mediation and hearing.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 17-06-2019
Date: 17-06-2019
Business: Advocate Mr. Parmar for Plaintiff present
Advocate for Defendant present
Court is busy in NM hearing in suit no.2639/14, hence case is adjourned to 18/07/2019.
JUDGE
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-07-2019
Date: 18-07-2019
Business: Advocate Hina Modi for Defendant present
Court is busy in hearing NM in suit no.234/19 and court has to hear urgent matters, hence board of second session is discharged and case is adjourned to 29/08/2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 29-08-2019
Date: 29-08-2019
Business: Plaintiff present.
Advocate Devyani h/f Adv. Heena Modi for Defendants present and submitted that mediation is failed.
Mediation report is awaiting.
Case is adjourned to 11/11/2019 for report of mediation.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: PO IS ON LEAVE.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Advocate Mr. Parmar for Plaintiff present and filed reply t0 Notice of Motion no.4876/19, t.o.r.
Advocate Ms. Heena Modi for Defendant present and filed registered Notice of Motion no.4876/19 with affidavit in support, t.o.r.
ORDER ON NM NO.4876/19
Defendant has filed this Notice of Motion for condoning delay caused in filing Written Statement of Defendant.
Defendant has filed affidavit in support of Notice of Motion contending that Notice of Motion about jurisdiction of this court was disposed off by the court and thereafter, settlement talks were going on between the parties, even the matter was referred for mediation, hence under the belief that matter will be settled, Defendant has not filed his Written Statement. It is contended that the delay is not willful or not intentional and no prejudice will be caused to Plaintiff if the delay will be condoned and Written Statement will be accepted.
Plaintiff has resisted Notice of Motion by filing affidavit in reply contending that in the affidavit filed in support of Notice of Motion Defendant even has not taken pains to inform the exact delay. Writ of summons was served on 27/11/2017 and this Notice of Motion is taken out on 11/11/2019 i.e. after the delay of 714 days. It is alleged that Defendant has deliberately caused delay in filing Written Statement, hence the Notice of Motion is necessary to be dismissed.
Heard advocate for Defendant and advocate for Plaintiff. Admittedly about 2 years delay is caused in filing Written Statement by Defendant. It seems that parties were discussing for settlement but unfortunately they could not arrive at settlement. Any how, it was duty of Defendant to file Written Statement at the earliest. In such circumstances considering the fact that parties were discussing for settlement I find that delay caused in filing Written Statement can be condoned because Defendant may have at that time the hopes of settlement. At the same time, I find that Defendant can be asked to bear the costs for the delay caused in filing Written Statement because the delay is of 2 years. Hence, I proceed to pass following order-
ORDER
1. Notice of Motion no.4876/19 is made absolute in terms of prayer clause (a) and (b), subject to cost of Rs.3,500/- to be paid by Defendant to Plaintiff.
2. It is made clear that after Defendant will comply order passed by the Court today, Written Statement filed by Defendant will be accepted and will be exhibited.
Case is adjourned for Compliance to 29/04/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2020
Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 20-05-2020
Date: 20-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: COMPLIANCE
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
Adjd to 21.10.2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Adjd to 26.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-03-2021
Date: 22-01-2021
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Adjd to 26.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-06-2021
Date: 26-03-2021
Business: Plaintiff present.
Adv. J. D. Parmar for plaintiff present.
Adv. Hina Modi for defendant no. 1 present.
Adv. B. K. Rai for applicant present and tendered original registered Ch/s no. 558/2021 along with affidavit.
Order on Ch/s no. 558/21
Both plaintiff and defendant have no objection to grant the Ch/s. to add the applicant as party to the suit. Therefore, Ch/s no. 558/21 is made absolute in terms of prayer clauses (a). The plaint be amended forthwith accordingly.
1. The plaintiff, the defendant, the newly added defendant are present along with their advocates and they have filed consent terms. On oral inquiry they have stated that they have signed the consent terms and they have accepted the contents of the consent terms. It is proved to the satisfaction that the suit has been wholly adjusted by lawful agreement (consent terms) in writing and signed by the parties. Therefore the agreement(consent terms) is recorded and marked at Exh. 6.
2. Decree be drawn up in accordance with the consent terms.
3. Consequently NM No. 409/2018 is disposed off and suit is disposed off.
Nature Of Disposal: COMPROMISE
Disposal Date: 26-03-2021