Vikram Dattatray ChoudharyVsDadar Pachim CHS Ltd. +2 more

Date: 18-03-2019
Business: Adv. Aniket Khadse for Plaintiff present.
Issue writ of summons against the defendant for settlement of issues and filing written statement through Bailiff.
Adj for service to 15.06.2019.
Next Purpose: SERVICE
Next Hearing Date: 15-06-2019

Date: 15-06-2019
Business: Adv. Ritesh Jadhav for Plaintiff present.
Ex.2 Writ of summons filed by Plaintiff t.o.r.
Writ of summons is not served upon Defendant no.3.
Ex.3 Adv. Prashant Dingrani filed V/n for Defendant no.1 t.o.r.
Ex.4 Adv. Kailash Surve filed V/n for Defendant no.2 t.o.r.
Draft NM filed by Adv for Plaintiff t.o.r.
Leave is granted to register it.
Copy is given to Defendant nos.1 and 2.
Copy of NM be served upon Defendant no.3.
Plff is directed to take steps for service of writ of summons upon Defendant no.3.
Issue fresh writ of summons against Defendant no.3.
Adj for NM reply of Defendant no.1 and 2 and service of notice and summons upon Defendant no.3 to 03.08.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Adv. Ritesh Jadhav for Plaintiff present.
Adv. Amit Seth for defendant no.2 present.
Adv. Prashant Dingrani for defendant no.1 present.
Adv for defendant no.1 submitted that written statement of defendant no.1 is ready and requested to take it on record.
It appears from writ of summons that it has been served upon defendant no.1 on 07.06.2019, so defendant no.1 ought to have filed their written statement within the period of 30 days from the date of service of writ of summons.
In this eventuality defendant no.1 is at liberty to take appropriate proceeding for the purpose of taking written statement on record.
Adv for Plaintiff fairly conceded that copy of NM is not supplied to defendants.
The Plaintiff is directed to supply copy of NM to the defendants.
Therefore, time is granted to defendants to file reply to NM.
Plaintiff is directed to take steps for service of NM and writ of summons upon defendant no.3
Accordingly, matter is adj for reply of defendant nos.1 and 2 and for steps against defendant no.3 to 17.09.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: Adv. Mahit Sant for plaintiff present.
Adv. Prashant Dingrani for defendant No.1 present and tendered draft NM. O - Leave is granted to register it.
Copy is served on other side.
Plaintiff filed reply.
Heard both sides on draft notice of motion.
Order below draft notice of motion.
Defendant No.1 has taken out draft notice of motion to condone delay caused in filing written statement and to take the same on record.
Plaintiff opposed draft notice of motion on the ground that no sufficient reason has been assigned by defendant No.1 to condone delay.
Perused draft notice of motion, affidavit in support of it and reply of plaintiff. Heard learned counsel for parties.
Learned advocate for defendant No.1 during course of argument submitted that authorized signatory of defendant No.1 was not available within period of 30 days so written statement could not be filed within prescribed period and prayed to allow draft notice of motion.
Advocate for plaintiff vehemently opposed draft notice of motion.
Before dealing with draft notice of motion it is necessary to mention legal position in relation to proviso to Order VIII Rule 1 of CPC.  It is a settled law that Order 8 Rule 1 of CPC is not mandatory and in specific circumstances written statement can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India 2003 AIR SCC 189 and Zolba V/s Keshav 2008 AIR SCC 2099).  In view of above legal position now I consider draft notice of motion.
It is apparent from roznama dated 03.08.2019 that advocate for defendant No.1 made request to take written statement of defendant No.1 on record but it was not taken on record as it was not tendered within 30 days from date of service of writ of summons i.e. 07.06.2019 and liberty was granted to defendant No.1 to take appropriate proceedings for the purpose of taking written statement on record.  It seems that now defendant No.1 in view of that liberty taken out present notice of motion.  Certainly, conduct of defendant No.1 cannot be said as deliberate and to cause delay in prosecution of matter.   More so, delay caused is not inordinate. Considering above facts and oral submission of advocate for defendant No.1 about the reason of delay caused in filing written statement I am inclined to allow draft notice of motion.  Therefore, in the interest of justice and fair trial draft notice of motion deserves to be allowed. However, considering the facts of matter certain costs is required to be imposed upon defendant No.1.  Hence, pass following order.
ORDER
1.  Draft notice of motion is allowed and made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.1000/- (Rupees one thousand) to plaintiff within period of one week from the date of this order.
Defendant No.1 is at liberty to deposit costs of Rs.1000/- payable to plaintiff in the Court.
2.  After payment of costs written statement of Defendant No.1 be taken on record and marked exhibit.
3. Draft notice of motion be registered for statistical purposed.
4. Accordingly, draft notice of motion is disposed off.
Advocate for defendant No.1 paid costs of Rs.1000/- to advocate for plaintiff.
Written statement filed by defendant No.1 is taken on record and marked exhibit as
Exh.5  Written statement filed by defendant No.1
Plaintiff is directed to take steps to serve writ of summons and draft notice of motion upon defendant No.2.
Plaintiff is also directed to get register draft notice of motion.
Adjd for steps and compliance to 16.10.2019
Next Purpose: COMPLIANCE
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: Adv. Bhagyashri Dhamapurkar for plaintiff present.
She tendered register NM 3471/19 t.o.r
Copy is served upon defendant no 1 and 2.
Adv. Prashant Nigrani for defendant no 1 present.
Adv. Rana for defendant no 2 present.
Copy of NM be served upon defendant no 3 through bailiff.
Adjd for service and reply to 18.11.2019
Next Purpose: REPLY
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Adv. Mohit Sant for plaintiff present.
Adv. Bhoomika Shah for defendant present
Adv. For plaintiff sought adjournment.- Granted.
Adjourned for service and reply to 7.12.2019
Next Purpose: REPLY
Next Hearing Date: 07-12-2019

Date: 07-12-2019
Business: Adv. Bhagyashree Dhamapurkar for plaintiff present.
Adv. Prashant Hingrani for defendant No.1 present
Adv. Rana for defendant No.2 present.
Advocate for plaintiff sought time to file reply - granted.
Adjourned for reply to 20.01.2020.
Next Purpose: REPLY
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Adv. Bhagyashree Dhamapurkar for plaintiff present.
Mr Hemant Kelvekar representative of defendant No. 2 present.
Adv. for plaintiff affidavit of service t.o.r.
She also filed application for substituted service of Writ of summons upon defendant No. 3
O- Substituted service of Writ of summons upon defendant NO. 3 by pasting at conspicuous part of place of office of defendant No. 3 and court house is allowed.
Adjourned for service and reply of NM to 18.02.2020
Next Purpose: REPLY
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Adv Bhagyashri Dhamapurkar for plff present.
Deft no. 2 present.
Adv for plff seeks time to file affidavit of service of deft no. 3 present.  Granted.
Matter stands Adj for affidavit of service and reply of NM to 23/03/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Business: adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-04-2020

Date: 23-03-2020
Business: adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-05-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-06-2020

Date: 27-05-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-08-2020

Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-10-2020

Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None present.
Matter stands Adj for Service to 04.02.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2021

Date: 07-12-2020
Business: None present.
Matter stands Adj for Service to 04.02.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv Bhagyashri Dhamapurkar for plff present.
She filed application for extension of time to serve on deft No. 3. Granted.
Matter stands Adj for Affidavit of Service to 02.03.2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2021

Date: 04-02-2021
Business: Adv Bhagyashri Dhamapurkar for plff present.
She filed application for extension of time to serve on deft No. 3. Granted.
Matter stands Adj for Affidavit of Service to 02.03.2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Adv Unnati Worlikar for plff present.
She filed original writ of summons @ Bailiff report.
She served copy of NM on deft.
Adv Kailas Surve for deft no. 2 present.
Matter stands Adj for NM Reply to 05/04/2021.
Next Purpose: REPLY
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: P. O. is on Leave.
Next Purpose: REPLY
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Business: Due to Covid-19, matter adjd. to
Next Purpose: REPLY
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Adv Bhagyashri Dhamapurkar for plff present.
None for deft.
Matter stands Adj for NM Reply to 18/10/2021.
Next Purpose: REPLY
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: Holiday declared on 16/10/2021 and 18/10/2021 as per office order 213 of 2021 dated 12/10/2021.
Hence board discharge and adjourned to 27/11/2021.
Next Purpose: REPLY
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Adv Bhagyashri Dhamapurkar for plff present.
None for defts.
Writ of summons is served on deft no. 3 through Bailiff on 22/02/2021 by affixing duplicate copy of writ of summons along with true copy of plaint on the out door of premises of deft no. 3.  Deft no. 3 failed to appear before the Court.  Hence suit is proceeded ex-parte against deft no. 3.  Deft no. 2 also appeared before the Court and his Adv filed VP on 15/06/2019 but deft no. 2 failed to file written statement as well as reply to NM.  Hence suit is proceeded without written statement and without reply of deft no. 2.  Written statement / NM reply of deft no. 1 is already fied on record.
Matter stands Adj for NM Hearing to 31/01/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2022

Date: 31-01-2022
Business: Due to covid-19 matter adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2022

Date: 31-01-2022
Business: Due to covid-19 matter adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2022

Date: 22-03-2022
Business: Adv Sandesh Daptare for plaintiff present.
He seeks time for hearing. Granted.
None for defendant.
Adjd. to 06/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2022

Date: 22-03-2022
Business: Adv Sandesh Daptare for plaintiff present.
He seeks time for hearing. Granted.
None for defendant.
Adjd. to 06/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: Adv. Bhagyshree Damapurkar for plaintiff present.
None appear for defendant.
Adv for plaintiff seek time for hearing adjd to 25/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Adv. Bhagyashree Dhamapurkar for plaintiff present.
She seek time for n/m hearing. Time granted.
None for defendant.
Matter is adjd for n/m hearing to 03/10/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Adv. Sandesh Daptare for plaintiff present.
He seek time for hearing on n/m. Time granted.
None for defendant present.
Matter is adjd for n/m hearing to 22/11/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2022

Date: 22-11-2022
Business: Adv. Bhagashri Dhamapurkar  for plaintiff present.
She seek time for hearing. Time granted.
Adv. Amit Shet  for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 23/01/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2023

Date: 22-11-2022
Business: Adv. Bhagashri Dhamapurkar  for plaintiff present.
She seek time for hearing. Time granted.
Adv. Amit Shet  for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for hearing to 23/01/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Adv. Rajshree Dhamapurkar h/f Raje Shirkhe for plaintiff present.
She seek time for hearing on n/m. Time granted.
Representative of defendant no. 2 present and advocate absent.
Matter adjourned for hearing to 14/03/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: Adv. Bhagyshree Dhamapurkar for plaintiff present.
She seek time for hearing. Time granted.
Defendant  no. 2 present and his advocate absent.
Matter adjourned for hearing to 26/06/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: Adv. Ms. Bhagyashree Ramapurkar for plaintiff present. She seeks time. O- Granted.
Defendant advocate absent.
Matter adjourned for NM hearing on 24.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2023

Date: 26-06-2023
Business: Adv. Ms. Bhagyashree Ramapurkar for plaintiff present. She seeks time. O- Granted.
Defendant advocate absent.
Matter adjourned for NM hearing on 24.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: As PO is on leave, board discharged and matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2023

Date: 24-07-2023
Business: As PO is on leave, board discharged and matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: Advocate Ms. Rutuja Gavas h.f. Advocate Nikhil Rajeshirke for plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter adjourned for NM hearing on 27.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2023

Date: 21-08-2023
Business: Advocate Ms. Rutuja Gavas h.f. Advocate Nikhil Rajeshirke for plaintiff present and seeks time.  O- Granted.
Defendant and advocate absent.
Matter adjourned for NM hearing on 27.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: By precipe moved by plaintiff. O- Allowed.
Plaintiff present.
Advocate Mr. Nikhil Rajeshirke for plaintiff present.
Advocate Mr. Amit Seth for defendant no. 2 present.
Plaintiff has filed application Exh-4 for withdrawl of suit.
Advocate for defendant no. 2 submitted that he want to file reply on application Exh-4, hence he seeks time. O- Granted.
Matter already adjourned for Reply on Exh-4 and NM hearing to 27.09.2023.
Next Purpose: REPLY
Next Hearing Date: 27-09-2023

Date: 06-09-2023
Business: By precipe moved by plaintiff. O- Allowed.
Plaintiff present.
Advocate Mr. Nikhil Rajeshirke for plaintiff present.
Advocate Mr. Amit Seth for defendant no. 2 present.
Plaintiff has filed application Exh-4 for withdrawl of suit.
Advocate for defendant no. 2 submitted that he want to file reply on application Exh-4, hence he seeks time. O- Granted.
Matter already adjourned for Reply on Exh-4 and NM hearing to 27.09.2023.
Next Purpose: REPLY
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: P. O. is on Leave.
Next Purpose: REPLY
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: Plaintiff present.
Advocate Mr. Nikhil Rajeshirke for plaintiff present.
Defendant and advocate absent.
KB
LO at 3.55 P.M.
O- Last chance granted to defendants to file reply to Exh-6.
Matter adjourned for Reply on Exh-6 on 10.10.2023.
Next Purpose: REPLY
Next Hearing Date: 10-10-2023

Date: 03-10-2023
Business: Plaintiff present.
Advocate Mr. Nikhil Rajeshirke for plaintiff present.
Defendant and advocate absent.
KB
LO at 3.55 P.M.
O- Last chance granted to defendants to file reply to Exh-6.
Matter adjourned for Reply on Exh-6 on 10.10.2023.
Next Purpose: REPLY
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: Advocate Ms. Gawas h.f. Advocate Nikhil Rajeshirke for plaintiff present.
Defendant and advocate absent.
Kept back
Later on at 3.50 P.M.
Advocate Mr. Nikhil Rajeshirke for plaintiff present.
Defendant has to file their say to the application Exhibit-6. Considering the grounds mentioned in the application Exhibit-6, permission granted to withdraw the suit as prayed.
     In view of Exhibit-6, Suit No. 513 of 2019 is disposed of as withdrawn. As the plaintiff has withdrawn the suit, Notice of Motion No. 3471 of 2019 is disposed of as withdrawn. Court fees be refunded as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 10-10-2023

NOTICE OF MOTION/103470/2019
NOTICE OF MOTION/103471/2019

Filing Number: 101888/2019
Filing Date: 13-02-2019
First Hearing Date: 18th March 2019
Decision Date: 10th October 2023
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE