Sunkappa Gurappa JadhavVsSatish Chandrakant Bhoir

Date: 27-02-2018
Business: Adv. Mr. Ramesh Jain for plaintiff present..
Adv. Mr. Das for defendant present.
Defendant present.
Adv. for plaintiff tendered original S/J No.41/18 along with affidavit in support of S/J it is t.o.r
Ld. adv. for defendant filed reply to S/J. It is t.o.r. subject to provisions of order 37 of CPC.
Matter is adj. to 19/04 /2018 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-04-2018

Date: 19-04-2018
Business: Adv. Ramesh Jain for plaintiff is present.
Adv. Mr.Das for defendant present.
Adv for plaintiff seeks time.
Matter is adj. to 13/06/2018 for sj hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-06-2018

Date: 13-06-2018
Reason For Adjournment: court time is over
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-08-2018

Date: 08-08-2018
Business: Adv. Ramesh Jain for Plaintiff present.
Defendant present.
Advocate for defendant absent.
The defendant has submitted that his advocate is out of station and seek adjournment hence,
Matter is adjd. to 18/09/2018 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-09-2018

Date: 18-09-2018
Business: Adv. Ms. Chavan for Plaintiff
None for Defendant
Matter is adjd. to 29/10/2018  for sj hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-10-2018

Date: 29-10-2018
Business: Adv. Vaishali Chavan for Plaintiff present.
Defendant present.
Adv. Chittaranjan Das for Defendant present.
On the oral request of the advocate for plaintiff,
Matter is adjd. to 15/12/2018 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-12-2018

Date: 15-12-2018
Business: As the Court is on Leave Board is discharged and the matter stands adjd to 26.02.19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-02-2019

Date: 26-02-2019
Business: As the Court is on leave Board is discharged and the matter stands adjd. to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: Adv for plaintiff Mr.Ramesh Jain present
Heard Argument of plaintiff on S/J
No argument by adv for defendant
Matter is Adjd for Argument of defendant on S/J to 12/07/2019
Next Purpose: ARGUMENTS
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Business: Both parties and their adv. absent.
KB
LO
Adv. Chittaranjan Das for defendant present.
Defendant present.
Adjd. to 21.09.2019 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-09-2019

Date: 21-09-2019
Business: P.O. Is on leave. Adjd to 27/9/19
Next Purpose: ARGUMENTS
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Adv. Ramesh Jain for plaintiff present.
Heard argument on SJ
KB for order
LO
Deft present. Adv. Das for deft. Present.
Application for adjournment filed by deft. t.o.r.
Reason is satisfactory.
Adjd. to 19.10.2019 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Adv Ramesh Jain for plentiff present.
Adv Chittaranjan Das  for defendant present.
KB.
Adv Ramesh Jain for plentiff present.
Adv Chittaranjan Das for defendant present.
KB.
Lo at 3.33 pm.
Plaintiff present.
Defendant present.
Draft ch/s @ Affidavit filed by Adv for defendant. Ld Advocate for plaintiff has strongly objected to grant leave to register the Ch/s. According to Ld Advocate for defendant. The defendant is going to retire in short period and to drag time this delay tactics has been carried on.
According to Ld advocate for defendant the SJ should be taken for argument. On the other hand Ld Advocate for defendant has submitted that he wants to bring certain facts on record. Therefore the Chs is taken out by him.
In my view if there is any apprehension in the mind of Adv for plaintiff that defendant is indulging in any delay tactics, the advocate for plaintiff is free to take out appropriate proceedings for attachment before Judgment. As far as the Ch/s are concerned. Leave is granted to register. The tenability of the Ch/s can be decided after reply of Plaintiff has come on record. Therefore, leave is granted to register the Ch/s. Copy be served to other side. Defendant is directed to file register Ch/s on or before next date. Adjd to 06.11.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-12-2019

Date: 06-12-2019
Business: Adv. Harish Sakpal for plaintiff present.
Defendant present and his Adv. Chitaranjandas for defendant present and filed application for direct to plaintiff for provide the summons for judgment copy to the defendant.
C/S yet not registered. Last chance granted to the deft. to register the C/S.
Matter adjourned For registration of C/S, service of same on the plaintiff subject to admission of plaintiff regarding receipt of copy of same C/S and for reply.
Matter adjd to 07-01-2020  for  C/S reply.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv. Chavan for plaintiff.
Adv. Das for defendant.
On the request of plaintiff matter is adjd for reply/tendering registered Ch/s to 10.02.2020.
LO at 1.40pm Adv. for defendant filed Registered Ch/s. 2242/19.
LO at 1.40pm Adv. Ramesh jain for plaintiff. On his request the date is pre-poned to 03.02.2020. He assured to file the reply and serve its copy in advance to the defendant. The matter is accordingly being posted for arguments on the Ch/s subject to filing of reply and serving copy of reply to the defendant in advance.
Hence, adjd to 03.02.2020 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Plaintiff present.
Defendant present. Adv. Das for defendant
LO at 12.35pm
Adv. Ramesh Jain for plaintiff filed reply to Ch/s. Copy served to the defendant.
Adjd for C/s arguments 21-02-2020
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: Adv Sakpal for pltff present.
None for deft.
KB LO 1.00 p.m.
Herd arguments of Ld. Adv for pltff on CH/S 2240/19.
The deft and his Adv are absent.  Adjourned as last chance for argument on behalf of the deft.
Matter is adjd to 13/03/2020 for Deft arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Plaintiff present. Adv Ramesh Jain for plaintiff.
Defendant present.
Adv. Chittaranjan Das for defendant.
Heard argument on behalf of defendant.
Adjd for Ch/s order to 28-03-2020
Next Purpose: CH/S ORDERS
Next Hearing Date: 28-03-2020

Date: 28-03-2020
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: CH/S ORDERS
Next Hearing Date: 11-06-2020

Date: 11-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CH/S ORDERS
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: Adv. Ramesh jain for plaintiff
Adv. Chittaranjan Das for defendant.
Heard fresh arguments on behalf of both sides.
F.R.S.R. Following order
1. Chamber summons No.2241 of 2019 is rejected.
2. Chamber summons is disposed of accordingly.
Adjd for SJ Hearing to 09-04-2021
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: As per office order 64 of 2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: None present for both parties.
KB
Adv Ramesh Jain present for the plaintiff.
None present for the defendant.
Ld advocate for plaintiff argued on SJ. Defendant absent. None present on his behalf. Matter is lastly adjourned for argument of defendant. If defendant fails to argue the SJ shall be decided on merits.
Matter is adjd to 11.10.2021 for SJ argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: None present for the plaintiff.
Defendant present.
His advocate absent.
KB
LO
Adv Ramesh Jain present for the plaintiff.
At the request of Ld advocate for the defendant matter is adjourned to 18.10.2021.
Matter is adjd to 18.10.2021 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: As per office order dated 12/10/2021
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Chitranjan Das for the defendant present.
Defendant is present.
Exh.1 Plaint
Exh.2 Vakalatnama
Exh.3 Memorandum of address in plaint.
Exh.4 List of documents in plaint.
Heard arguments of ld. advocate of plaintiff.
Advocate for the defendant filed adjournment application. It is marked as Exh.5. O- Last chance is granted to SJ hearing.
Matter is adjd. to 23/12/2021 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-12-2021

Date: 23-12-2021
Business: Adv. Mr. Ramesh Jain for the plaintiff present.
Adv. Mr. Das for the defendant present and filed Written argument on SJ. t.o.r.
Matter is adj. to 24/01/2022 for  further argument on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: Adv. Mr. K Lakshminarayanan for the defendant present and filed VP.
The defendant is represented new advocate without obtaining NOC from earlier advocate. The advocate who appeared from the side of the defendant submitted there is citation, then he has to attach copy of citation  to show that there is no need of NOC from earlier advocate.
As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is adjd. to 14/02/2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Adv. Ramesh Jain for Plff. present.
None for Deff.
Adjd. for SJ order.
Later on (2nd Setting)
Adv. Laxmi Narayan for Deff. present.
None for plff.
He filed VP TOR marked as Exh. 06.
Heard argument of Deff. on SJ. already next date is given for SJ order is 16/02/2022.
The adv. of deff. appeared recently before his appearance,
already next date was fixed for SJ order. He appeared after giving next date and submitted  willingness for argument. Though there are written notes of arguments from the side of Deff. on record. But it is told by adv. of Deff. appeared recently to hear his argument on SJ. Accordingly he has heard. Already next date is given  in first session, but again he submitted that he has been heard now therefore next date be given for him instead of 16/02/2022 to 23/02/2022. Already next date is fixed therefore request to change the date is rejected.
Matter is Adjd. for reply argument of PH on 16/02/2022.
Next Purpose: REPLY
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: None for both parties.
Matter is adjd. for Steps to 24-03-2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: P.O.is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Advocate Mr. Ramesh Jain for plaintiff present.
None for defendant.
kb
Later on
Advocate for defendant present.
Actually, the matter is posted for SJ order, but the advocate of defendant said that he wants to argue the matter again and he would not accept earlier roznama. He repeatedly submitted that he wants argue and say something before SJ order. Yet SJ order is to passed, therefore for deciding order on merit. One opportunity is granted to defendant to argue. Both parties directed to attend court at 1.30 pm for argument.
Matter is adjd. for argument to 05-04-2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: Advocate Mr. Ramesh Jain for plaintiff present.
None for defendant.
Later on at 1.30 pm.
From 1.30 to 2.5 pm
The advocate of plaintiff is present in the court hall for argument as per direction in the roznama dated 04.04.2022, but no one is turn from the side of defendant. Therefore, the matter is adjourned for SJ order.
Matter is adjd. for SJ order to 11-04-2022.
Later on at 02.05 pm
Advocate Mr. Laxmi Narayanan for defendant present.
He filed application for submission of document alongwith xerox blank forms. TOR
Matter is adjd. for SJ order to 11-04-2022.
Next Purpose: ORDER
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: Advocate Mr. Ramesh Jain for plaintiff present.
Advocate Mr. Laxmi Narayanan for defendant present.
F.R.S.R. following order is passed:
ORDER
1. Summons for Judgment No. 41 of 2018 is partly allowed.
2. Leave to defend the suit is granted to the defendant subject to deposit of amount of Rs.45,000 /-(Rupees Forty Five Thousand Only) in the Court within 60 days from the date of this Order, after summer vacation.
3. If defendant fails to deposit the amount within stipulated period then the plaintiff shall proceed with the suit as if there is no defence.
4. Summons for Judgment No. 41 of 2018 stands disposed of.
Matter is adjd for compliance to 07-06-2022.
Nature Of Disposal: ALLOWED
Disposal Date: 11-04-2022

Main Case No: SUMMARY CIVIL SUIT/0100356/2017
Main Cnr: MHCC010030062017
Main Filing No: 113080

Registration Number: 100041/2018
Transfer Date: 15-06-2021
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 15 - COURT 15  ADDL SESSIONS JUDGE

Filing Number: 102153/2018
Filing Date: 08-02-2018
First Hearing Date: 27th February 2018
Decision Date: 11th April 2022
Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE