Date: 09-04-2019
Business: Matter adj. for Compliance, NM Reply and Further Cross Examination of PW-1 to 27.06.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-06-2019
Date: 27-06-2019
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: Adv. Tiwari for plaintiff present and filed reply to NM 3727/18.
Adv. Vyom Shah for defendant present and filed original NM no. 703/19 along with affidavit. He further submitted that plaintiff has not filed reply to NM no. 703/19 and he is delaying the matter of more than eight months. Ld. counsel for plaintiff submitted that he has no instructions regarding filing of reply to NM no. 703/19 and sought time. The above request is oppossed and time is to be granted, costs are insisted by the defendant.
Considering the submissions made before the court and typical mistake in order sheet dated 14.03.19 that instead of NM 703/19, NM 3727/18 is mentioned. Short adjournment granted.
Matter stands Adj for filing reply to NM no. 703/18 and hearing on NM no. 3727/18 and 703/19 to 03.09.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-09-2019
Date: 03-09-2019
Business: THE COURT IS ON LEAVE
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: Court is busy in dictating order in suit st. no. 8127/19. Hence, board discharged.
Matter stands Adj for NM hearing to 13.11.19.
Later on
None present for plaintiff.
Adv. Vyom Shah with Adv. Kajal Solanki for defendant present.
Ld. counsel for defendant submitted that plaintiff has not filed reply to NM no. 703/19 and he is delaying the matter. There is urgency in the matter. Hence date may be preponed to 09.10.19.
Considering the urgency pressed by Ld. counsel for defendant regarding hearing of NM matter be preponed to 09.10.19.
Ld. counsel for defendant is directed to informed the preponed date to other side.
Matter stands Adj for reply to 09.10.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Adv. Yash Tiwari for plaintiff present.
Adv. Vyom Shah for defendant present.
Herd ld counsels for both side on NM No. 3727/18. and 703/19
Matter stands Adj for Order in NM No. 3727/18 and 703/19 To 19.10.2019.
Next Purpose: ORDER
Next Hearing Date: 19-10-2019
Date: 19-10-2019
Business: Adv. Vivek Agrawal for plaintiff None present for defendant. FRSR following order is passed on NM no. 3727/18. ORDER Notice of Motion No.3727/2018 is hereby allowed in following terms- 1.It is clarified that, transmission of shares of original defendant in the present case in favour of applicant no.1 (defendant no.1(a)) by the Society do not amount to creating third party right. 2.It is further clarified that, the transmission of the share of the original defendant in the name of nominee i.e. applicant no.1(defendant no.1(a)) by the Society would not amount to violation of the order passed by Honble High Court dated 17.11.2016. 3.Respondent Society shall be at liberty to act upon the nomination made by the original defendant in favour of present applicant (defendant no.1(a)) and transmit the shares in respect of flat no. 258 as per nomination in the record of the Society. N/M stands disposed of accordingly. Hence, Matter stands Adj for Order on NM no. 703/19 to 04.11.2019.
Next Purpose: ORDER
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: None present for plaintiff present.
Adv. Vyom Shah with Adv. Kajal Solanki for defendant present.
FRSR following order is passed on NM no. 703/19.
ORDER
1. Notice of Motion No. 703/2019 is hereby allowed and prayers clause (a) to (g) are made absolute.
2. Portions marked by bracket in red ink in paragraphs No. 26, 27, 29, 30, 35, 38 and 40 to 43 are hereby expunged and excluded from affidavit of PW-1 submitted in lieu of Examination-in-chief as per provisions of Order 18 Rule 4 of CPC and same shall not be read as evidence in the case.
3. Needless to mention that, the defendants are not required to cross-examine PW-1 on the portions which are expunged/excluded from the affidavit of PW-1.
4. Suit shall proceed for further Cross-examination of PW-1 and parties shall act as per above order
NM stands disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 04-11-2019