Laxmi Enterprises +2 moreVsNitin Ratansey Maskai

Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Adv. Janmesh Vora i/b Mehta and Padamsey for plaintiff present.
Adv. Manek Kalyaniwalla i/b TPS Law for defendant present.
Ld. advocate for defendant seek time to file draft issues.
Matter is adjourned to 07.11.2026 for draft issues of defendant.
Next Purpose: DRAFT ISSUES

Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Adv. Janmesh Vora i/b Mehta and Padamsey for plaintiff present.
Adv. Manek Kalyaniwalla i/b TPS Law for defendant present and filed Vakalatnama alongwith NOC. It is taken on record and marked as Exh.18.
Matter is adjourned to 24.09.2026 for framing issues.
Next Purpose: FRAMING ISSUES

Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
Matter called at 11.15 am
Adv. Vaidehi Bhatt i/b Mehta and Padamsey for plaintiff present.
None for defendant.
Matter is adjourned to 29.08.2026 for framing issues.
Next Purpose: FRAMING ISSUES

Business: Matter pertains to C.R. No. 62.
None present for Plaintiff.
None present for Defendant.
Matter not settled before Lok-Adalat.
Matter adjourned to 02-05-2026.
Next Purpose: Lok-Nyayalay

Business: NOT ON BOARD TAKEN ON BOARD.
There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat on court motion scheduled on 14-03-2026 for amicable settlement. Notice be issued to both the parties for appearing before lok-adalat.
Matter is adjourned to 14-03-2026 for Lok-adalat.
Next Purpose: Lok-Nyayalay

Business: Not on board. Taken on board.
None for plaintiff.
None for defendant.
As 03rd March, 2026 is holiday therefore matter is taken on next working day.
Matter is adjourned to 04.03.2026 for Framing issues.
Next Purpose: FRAMING ISSUES

Business: Adv. Janmesh Vora for plaintiff present.
Adv. Chhaya Ashar for defendant present.
Draft issues tendered by both the advocates.
Matter is adjourned to 03.03.2026 for framing issues.
Next Purpose: FRAMING ISSUES

Business: None for plaintiff.
Adv. Chhaya Asher for defendant present and filed pursis regarding compliance of order dtd.29.07.2025. It is taken on record and marked as Exh.16.
In view of compliance written statement of defendant. It is taken on record and marked as Exh.17.
Matter is adjourned to 10.12.2025 for draft issues.
Next Purpose: DRAFT ISSUES

Business: Adv. Sanjana Das for plaintiff present.
Adv. Chhaya Asher for defendant present and tendered written statement.
Order passed below NM No. 3305/2023
The defendant has filed his notice of motion to condone the delay filing the written statement. There is delay of 400 days in filing the written statement. The defendant states that the he is 64 years old senior citizen suffering from multiple health issues. He was suffering from prostrate enlargement issues. He has to take treatment at several hospitals. He is taking treatment at specialist hospital in USA. He has annexed all the medical document along-with delay condonation application. He states that he could not appoint advocate to file the written statement due to health issues. He states that the delay was not intentional but due to medical reasons and the appointment of the advocate. He states that he no prejudice would be caused to the plaintiffs if the delay is condoned and the written statement is taken on record.
The advocate for the plaintiff has strongly opposed to condone the delay of 400 days and to take his written statement on record. He states that the defendant has purposely not file his written statement within time. The defendant is prolonging the trial of the suit. They state that if the delay is condoned they will be put to irreparable loss. They state that the defendant has not given satisfactory reasons to condone the delay. The defendant is changing his advocates and trying to prolong the suit. The defendant had prayed to dismissed the notice of motion.
Heard both sides.
It appears that the defendant is suffering from several health issues. He was taking treatment at various hospitals in Mumbai and USA. All the medical documents are file on record. It also appears that three advocates have been change and so they could not file the written statement within limitation. The written statement of the defendant is necessary to decide the matter on merits. If the delay is condoned and the written statement of the defendant is taken on record, it will help to decide the matter on merits. There will be no prejudice caused to anybody. Both the parties will get opportunity to contest the matter on merits. If the defendant is directed to pay appropriate costs to the plaintiffs, it will serve the interest of the justice. So, I condone the delay of 400 days in filing written statement by imposing the costs on the defendant. I allow the notice of motion and pass the following order :
Order
    5. The notice of motion no.3305/2023 is hereby allowed.
    6. The defendant is directed to pay costs of Rs.10,000/- only to the plaintiffs within 14 days from the date of the order.
    7. The written statement of the defendant will be taken on record only after payment of costs to the plaintiffs.
    8. The notice of motion is hereby disposed of.
Matter is adjourned to 19.09.2025 for compliance.
Next Purpose: COMPLIANCE

Business: Court is on leave.
Next Purpose: NM FOR HEARING