DILIPKUMAR ATMARAM NAGPALVsBluplast Corporation +2 more

Date: 20-02-2019
Business: Adv. Rawal for Plaintiff present.
Adv. Rajesh Patil for Defendant present.
Advocate for plaintiff has filed registered S/J no.53/19 alongwith affidavit, TOR.
Copy served to the advocate for defendant.
Matter is adjd. to 26/03/2019 for S/J Reply.
Next Purpose: REPLY
Next Hearing Date: 26-03-2019

Date: 26-03-2019
Business: Adv for plaintiff Ms.Bhargavi Ravat present
Adv for deft Mr.Rajesh Patil present
Matter is Adjd for S/J Hearing to 09/07/2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-07-2019

Date: 09-07-2019
Business: None present for plaintiff.
Adv. Rajesh Patil for defendant present.
On oral request, adjd. to 17.09.2019 for Notice of motion
hearing.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: p.o. is on leave adjd to 11/10/19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 11-10-2019

Date: 11-10-2019
Business: Adv. Gandhi for plaintiff.
None for defendant. Defendant has not filed any reply to SJ. SJ to proceed without reply.
Adjd for Hearing of SJ without reply.
Adjd to 29/11/2019 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-11-2019

Date: 29-11-2019
Business: None for plff.
Adv. Rajesh Patil for deft present.
Draft nm @ affidavit taken out by deft.
Leave granted to register. Copy be supplied to OS.
Adjd for nm service to 18.01.2020.
Next Purpose: SERVICE
Next Hearing Date: 18-01-2020

Date: 18-01-2020
Business: Adv. Gandhi for plaintiff.
Adv. Rajesh Patil for defendant.
On request of defendant time is extended to register NM.
Adjd to 15.04.2020 for service of NM/reply.
Next Purpose: SERVICE
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Adv. Shukla for plaintiff filed Draft Ch/s @ affidavit. Leave granted to register. Copy be served to other side.
Adjd for registration and service of ch/s to 22-06-2021
Next Purpose: SERVICE
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: Adv. Ms. Yojana Gandi i/b Adv. Rekha Shukla for plaintiff present.
Adv. Mr. Rajesh Patil for all defendant present.
Adv. for plaintiff file register for CS t.o.r.
Adv. for defendant file reply to CS.
The prayer in CS is for deleting the name of defendant no.7 as he is dead.
CS is allowed subject to legal rights of defendant nos. 1 to 6 and legal heirs  of defendant no. 7 if any.
CS No. 547 of 2021 is disposed off.
Matter is adjd to 27/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: Adv. B. Gaonkar for plaintiff present.
Adv. Rajesh Patil for the defendant present.
In view of roznama dated 08/11/2021 Ch/s No.547/2021 stands disposed of. Therefore, Ch/s No.547/2021 removed from CIS as well as balance sheet.
Matter is adjd. to 12/01/2022 for NM reply/ SJ reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: As per SOP, office Order No.07/22 dated 07/01/2022.
Matter is adjd. to 14-03-2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: None present.
Matter is adjd. for NM and SJ  hearing to 21-04-2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: Advocate Ms. Rawal for plaintiff present.
None for defendant.
Matter is adjd. for reply/hearing of NM to 08-08-2022.
Next Purpose: REPLY
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: As court is vacant.
Next Purpose: REPLY
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: As court is vacant
Next Purpose: REPLY
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: As court is vacant
Next Purpose: REPLY
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: As court is vacant
Next Purpose: REPLY
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: None present.
KB
L.O. AT 3.05PM
None present.
Matter stands adjourned to SJ hearing on 24-07-2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: None present.
The defendant took out NM as per the roznama dated 29-11-2019, but failed to tender the NM No.1940/2020. Hence, put up for dismissal of NM No.1940/2020.
Matter stands adjourned to 29-09-2023 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-09-2023

Date: 29-09-2023
Business: Adv.Yojana Gandhi present for plaintiff.
None present for defendant.
KB.
L.O. at 3.20 pm.
Adv. Rajesh Patil present for defendant, tendered registered NM No.1940/2020 TOR.
Matter stands adjourned for NM hearing on 04-12-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: None present.
KB.
L.O. at 1.00 pm
Adv. Bhargavi Rawal present for plaintiff, tendered reply to NM No. 1940/2020 TOR.
Matter stands adjourned for NM hearing on 01-02-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2024

Date: 01-02-2024
Business: CORAM - H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR.84)
Adv. Yojana Gandhi for plaintiff is present.
Adv. Rajesh Patil for defendant is present and seeking time for filing registered notice of motion. Time is granted.
Matter stands adjourned to 30.03.2024 for notice of motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2024

Date: 30-03-2024
Business: None present.
Matter stands adjourned for Notice of Motion hearing on 26-6-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: None present for both the sides.
Kept Back Later on 12.28 pm.
None present for the plaintiff.
Adv. Mr. Aditya for the defendant is present and seeking time. Time is granted.
Matter stands adjourned to 01.08.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2024

Date: 01-08-2024
Business: Adv.Aditya Gatlewar i/b Rajesh Patil present for plaintiff. Seeking time. Time is granted.
None present for defendant.
Matter stands adjourned for Notice of Motion hearing 25-09-2024.
on 25-09-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: Adv. Yojana Gandhi present for plaintiff.
Adv. Rajesh Patil present for defendant.
Heard both sides on Notice of Motion No.1940/20.
Defendant is seeking time to tender the draft of reply to Summons for Judgment on next date.
Matter stands adjourned for Notice of Motion hearing
on 19-10-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: Adv. Yojana Gandhi present for plaintiff.
None present for defendant.
Matter stands adjourned for Notice of Motion hearing
on 12-12-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2024

Date: 12-12-2024
Business: Adv. Yojana Gandhi present for plaintiff.
None present for defendant.
Kept back.
Later on at 1.10 pm.
Adv. Yojana Gandhi present for plaintiff.
Adv. Rajesh Patil present for defendant. Seeking time to tender the draft copy of reply to Summons for Judgment. Time is granted.
Matter stands adjourned for reply on 13-01-2025.
Next Purpose: REPLY
Next Hearing Date: 13-01-2025

Date: 13-01-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: REPLY
Next Hearing Date: 24-03-2025

Date: 24-03-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: REPLY
Next Hearing Date: 10-06-2025

Date: 10-06-2025
Business: As court is vacant. Hence, matter
Next Purpose: REPLY
Next Hearing Date: 25-07-2025

Date: 25-07-2025
Business: Adv. Yojana Gandhi  for plaintiff present through VC.
Defendant absent and his advocate absent.
Matter stands adjourned to  24.09.2025 for Notice of motion
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2025

Date: 24-09-2025
Business: Adv. Yojana Gandhi present for plaintiff.
Adv. Rajesh Patil present for defendant.
Plaintiff is heard on Notice of Motion No.1940/2020.
Matter stands adjourned to 26-11-2025 for Notice of Motion
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2025

Date: 26-11-2025
Business: Adv. Yojana Gandhi  present for plaintiff through Video Conference.
None present for defendant.
Matter stands adjourned to 03-01-2026 for Notice of Motion
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2026

Date: 03-01-2026
Business: None present.
Matter stands adjourned to 08-04-2026  for steps/dismissal.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2026

Date: 08-04-2026
Business: Plaintiff is present.
Defendant is absent.
Adv. Yojana Gandhi present for plaintiff.
None present for defendant.
 Order in Notice of Motion  No.1940/2020
                By the present Notice of Motion defendant wants to condone the delay of 246 days in filing reply to the Summons for Judgment No.53/2019. Supported by affidavit Kamleshkumar Lalchand Jain contending that there is no deliberate intention to cause delay and delay is unintentional and caused due to death of his father defendant No.07 Pannalal Vanechandji Jain expired in October, 2019 hence, prayed to condone the delay.
              Vide reply dated 21-07-2023 which is filed after three years as service was made in the year 2022 and it is contended that actual days of delay is 261. The reason assigned does not inspire confidence and appears to be vague and out of scope to consider and does not made to consider the delay.
                The court became shocked and surprised that the Notice of Motion is pending more than 05 yrs being dated 14 November 2019 and registered in 2020. Today, none present on behalf of defendant it appears that the present Notice of Motion never prosecute in accordance with the law and conduct of the defendant to serve the plaintiff after 3 yrs from the year 2019 as the service is pointed out to be effected in 2022 goes to root of the case and this being summary suit and Notice of Motion pending since 5 yrs has to be seen very seriously.
                 Heard. Adv. Yojana Gandhi and Balbheem Patil h/f Rajesh Patil for defendant ready to argue after taking instructions from the Rajes Patil ld. advocate for the defendant.
                 After considering submissions of Ms. Gandhi the delay is huge more than 08 or upto nearly 09 months which goes to show the lethargic negligent to prosecute Notice of Motion which has been not correct days of delay and conduct to serve more than a period of 3 yrs goes to the root to dismiss Notice of Motion.
                    Perused the roznama defendant or his advocate is continuously absent after 24-09-2025. Fortunately might be  communication and Rajesh Patil appeared and behind his back Balbheem Patil and court is happy to see both the ld. advocates. Ld. advocate Shri Rajesh Patil submitted tht the delay was cuased due to settlement and prayed to nominal costs.
                           Ld. Advocate Gandhi alongwith plaintiff who is present in person flatly refused the contention about settlement talks.

                 Be as it may be the looking into the length of Notice of Motion tendered dated 14-11-2019 leave was granted on 15-04-2020 and resisted on 14-04-2020 goes to show that the supporting affidavit Notice of Motion affirmed and tendered 15-04-2020 hence, I am inclined to allow Notice of Motion, subject to costs of Rs. 1,00,000/-. hence, proceeded to pass following order-
1. Notice of Motion is allowed, subject to costs of Rs.1,00,000/- to the State of Maharashtra.
2. The payment of costs condition precedent.
3. If the costs is not paid within 4 weeks the order stands revoked authentically without further reference to this court.
4. If the costs is paid then only the reply/ leave to defend would be accepted which is not even annexed with the Notice of Motion for the best reason known to the defendant.
5. Notice of Motion is disposed off accordingly.
Matter stands adjourned to 23-06-2026   for Summons for Judgment
hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-06-2026

Date: 23-06-2026
Business: P. O. is on leave.Hence, matter is adjd to.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-07-2026

Date: 23-07-2026
Business: CORAM: H.H.J. SHRI. S. S. PARAVE (C.R. NO.84)
Adv. Yojana Gandhi for plaintiff present thorugh V.C.
Plaintiff Dilipkumar A. Nagpal present.
None appeared for defendant.
Adv. for the plaintiff submits that defendants have not complied the order of payment of cost. Plaintiff is directed to produce non-deposit certificate. Cash dept is directed to supply non-deposit certificate to the plaintiff.
Matter adjourned to 03.08.2026 for Compliance.
                                                                                                Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 03-08-2026

Date: 03-08-2026
Business: CORAM: H.H.J. SHRI. S. S. PARAVE (C.R. NO.84)
P.O. is on training.
Matter adjourned to 03.09.2026 for Compliance.
                                                                                                Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 03-09-2026

Date: 03-09-2026
Business: CORAM: H.H.J. SHRI. S. S. PARAVE (C.R. NO.84)
Plaintiff Dilipkumar Nagpal present .
Adv. Bhargavi Raval for plaintiff present and requesting time for filing non deposit certificate.
Matter adjourned to 05.10.2026 for compliance.
                                                                                   Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 05-10-2026

Main Case No: SUMMARY CIVIL SUIT/0100476/2018
Main Cnr: MHCC010029952018
Main Filing No: 113080

Registration Number: 100053/2019
Transfer Date: 15-06-2021
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 15 - COURT 15  ADDL SESSIONS JUDGE

Registration Number: 100053/2019
Transfer Date: 01-01-2024
From Court: 15 - COURT 15  ADDL SESSIONS JUDGE
To Court: 84 - judge 904

Registration Number: 100053/2019
Transfer Date: 29-06-2026
From Court: 84 - COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
To Court: 85 - COURT NO 85 ADDL SESSIONS JUDGE

Registration Number: 100053/2019
Transfer Date: 20-07-2026
From Court: 85 - COURT NO 85 ADDL SESSIONS JUDGE
To Court: 84 - COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

Filing Number: 101800/2019
Filing Date: 18-02-2019
First Hearing Date: 20th February 2019
Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE