Smt. Noorbai Umar ShahVsM/s. Cosmos Group +1 more

Date: 11-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Archana for plff. Present.
Adv. Disilvar for deft. Present.
adv. For the plff. Tendered register S/J no. 37/2020 @ affidavit.
Matter is adjd to 28.03.2020 for N/M.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-03-2020

Date: 28-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Business: Due to Covid-19 lockdown
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: Due to Covid-19 Lockdawn
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-08-2020

Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-10-2020

Date: 20-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Chandramani D. Gamure I/b Adv. Sachin Masurkar for the plff. Present.
Matter is adjd to 11.03.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Chandramani Gamal I/b Sachin Masurkar for the plff present.
Adv.  for the deft present.
As a last chance for filing reply of S/J.
Matter is adjd to 31.03.2021 for S/J reply.
Next Purpose: REPLY
Next Hearing Date: 31-03-2021

Date: 31-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv.  for the plff present.
Adv. D\''souza for the deft no. 2 present.
Adv. For the deft tendered draft N/M @ affidavit in support. t.o.r.
Order- leave granted to register.
Matter is adjd to 25.06.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Business: Both the parties and their advocates are absent.
Hence, delay the matter.
Matter is adjd to 12.08.2021 for Reply..
Next Purpose: REPLY
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: Plaintiff present.
Defendant and his advocate are absent.
Adv. Masurkar for the plff present.
Adv. For the plff reply of N/M No. 1039/2021. t.o.r.
Order- seen and filed.
Matter is adjd to 22.09.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Court is vacant
Next Purpose: HEARING
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Court is vacant
Next Purpose: HEARING
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: None present.
Matter is adjd for arguments to 08.02.2022.
Next Purpose: HEARING
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: None present for Plaintiff.
SJ 37/20	Adv. Mr. Wasim Shaikh for Defendant present.
NM 1039/21	Matter adj. to 06/04/2022 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: PO is on training.  Matter adj. to
Next Purpose: HEARING
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: As court busy is dictating Order in S. C. Suit No. 1134/2021.  Hence, board is discharged.
Matter adjourned to 23/09/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: As Court busy in dictating Judgment in Sessions Case No.1851 of 2019, matter adjd. to 02.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: As Court is busy in dictating Judgment in Suit No.5719/05, hence second session board is discharged.
Matter is adj to 14/02/2023 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: As court is busy in hearing on SJ 200/18 in SUM 709/17 and NM 2786/17 in Suit No. 4779/10, remaining second session board is discharged.
Matter is adj to 26/04/2023 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
As court is busy in argument SJ No.113/19 in SUM No.369/18, SJ No.114/19 in SUM No.368/18, and dictating order in SJ No.113 of 2019, remaining second session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Adv.Chitra Kawalekar for plaintiff present.
Matter is adj to 02/08/2023 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: As a Court busy decteting order in NM No. 134/2023 and Record evidence in Sessions Case No. 260/2014, hence Afternoon remaining board is discharged.
Matter is adj to 06/10/2023 for  NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Chitra Kawalekar for plaintiff is present.
Adv. Vasim Shaikh for defendant No.2 is present and filed Vakalatnama. It is marked as Exh-16.
Matter is adj to 17.01.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their counsel are absent.
Keep back.
Later on at 3.00 pm
CA of the plaintiff is present.
Adv. Chitra Kawalekar h/f Adv. Sachin Masurkar for the plaintiff is present.
The defendant and his advocate are absent. The defendant has not tendered registered notice of motion.
The defendant is directed to file registered notice of motion and  given last chance to argue on the Notice of motion hearing.
Matter is adj to 15.02.2024 for filing registered notice of motion and hearing on notice of motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2024

Date: 15-02-2024
Business: CA of plaintiff present.
Adv Chitra Kawalekar i/b Sachin Masurkar for plaintiff present.
Defendant and Adv absent.
The defendant is given last chance to tender registered NM.
Matter stands Adj for filing registered NM, NM Reply and Hearing on it on 04/03/2024.
Next Purpose: REPLY
Next Hearing Date: 04-03-2024

Date: 04-03-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Arif Umar Shah, POA of plaintiff is present.
Adv. Tabinda Shahbazkar h/f Dv. Wasim Shaikh for defendant No.2 is present and requested for adjournment to file registered Notice of Motion.
The defendant No.2 was given last to tender registered notice of motion No.39/21, however, it appears that it is not tendered since 25.06.2021.  Matter is old.  However, matter is adjourned, subject to costs of Rs.1,000/- to be paid to the DLSA within 15 days. Further, the defendant No.2 is directed to tender registered Notice of Motion positively on next date.
Matter is adj to 01.04.2024 for filing registered notice of motion No.39/21.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2024

Date: 01-04-2024
Business: Court is on half day leave(first session).
Next Purpose: COMPLIANCE
Next Hearing Date: 09-05-2024

Date: 09-05-2024
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Chitra Kawalkar h/f Adv. Sachin Masurkar for plaintiff is present.
Adv. Wasim Shaikh for defendant No.2 is present and filed an application for reconstruction of notice of motion and extension time to pay costs. Taken on record. It is marked as Exh-17. O-other side to say.
Say submitted by the counsel for the plaintiff on overleaf of the application Exh-17.
Heard counsel for both sides on Exh-17.
Matter is adj to 01.08.2024 for Order on Exh-17.
Next Purpose: ORDER
Next Hearing Date: 01-08-2024

Date: 01-08-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Chitra Kawalekar h/f Adv. Sachin Masurkar for plaintiff is present and submitted that plaintiff is expired and she want to take steps.
Adv. Vasim A. Shaikh for defendant No.2 is present.
Matter is fixed for order below Exh-17. However, it appears that defendant No.2 has not filed copy of notice of motion along with this application as well as application is not supported by affidavit. Hence, defendant No.2 to satisfy on the said aspect.
Matter is adj to 03.09.2024 for further hearing on Exh-17.
Next Purpose: HEARING
Next Hearing Date: 03-09-2024

Date: 03-09-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
POA of plaintiff is present and his advocate is absent.
The defendant and his counsel are absent.
Keep back.
Later on at 12.46 pm
Adv. Chitra Kawalekar h/f Adv. Sachin Masurkar for plaintiff is present and filed draft Notice of Motion to bring legal heirs of plaintiff on record along with affidavit in support. O-Leave is granted to register the draft Notice of Motion. Copy served on other side.
Adv. Vasim A. Shiakh for defendants No.2 is present.
Order below Exh-17
Perused application and say as well as record. Defendant No.2 has filed an application to reconstruct the notice of motion No.1039/2021 filed to condon the delay to file reply to the Summons for judgment. It is the contention of defendant No.2 that draft Notice of Motion filed by the defendant No.2 was registered as Notice of Motion No.1039/2021. However, said original registered Notice of Motion along with affidavit in support is lost by the defendant No.2. Further, despite of taking search, it is not found. Therefore, copy of said registered Notice of Motion No.1039/2021 may be reconstructed and treated as registered Notice of Motion. Further, defendant No.2 is ready to pay the costs of Rs.1,000/- to DLSA and for the said purpose, he is seeking extension. On the other hand, it is argued on behalf of plaintiff that ample opportunity was given to the defendant No.2 to take the steps. However, defendant No.2 failed to take the steps. Even, no satisfactory reason is given by defendant No.2 to reconstruct Notice of Motion No.1039/2021. Hence, application may be rejected.
On perusing record and submissions of both the parties, it appears that defendant No.2 has filed draft notice of motion on 31.03.2021 to condon delay to file reply to Summons for judgment. However, defendant No.2 failed to tender registered Notice of motion along with affidavit in support. Now, defendant No.2 has filed an application contending that original registered notice of motion No.1039/2021 along with affidavit in support is lost and not tracable. Therefore, copy of said notice of motion may be treated as reconstructed notice of motion. The plaintiff has objected for the same.  However, considering the reason given by the defendant No.2 and facts and circumstances of the case, it is necessary to reconstruct Notice of Motion along with affidavit in support file by defendant No.2. If said application is allowed, no prejudice will cause to the plaintiff. However, in convinience caused to the plaintiff needs to be consider by imposing costs on defendant No.2. Even, defendant No.2 is seeking extension of time to deposit costs of Rs.1,000/- as per order dated 04.03.2023. Hence, I proceed to pass following order-
Order
1.     Application at Exh-17 is allowed, subject to costs of Rs.2,000/- to be paid to the plaintiff or deposit in the court within a week.
2.     Time is extended to deposit an amount of Rs.1,000/- to DLSA within a week.
3.     After complying of payment of costs of Rs.2,000/- to the plaintiff and depositing costs of Rs.1,000/- to DLSA, notice of motion No.1039/2021 be reconstructed.
4.     Application At Exh-17 is disposed of accordingly.
Matter is adj to 07.10.2024 for filling registered notice of motion and reply to it and compliance by defendant No.2.
Next Purpose: REPLY
Next Hearing Date: 07-10-2024

Date: 07-10-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Chitra Kawalekar h/f Adv. Sachin Masurkar for plaintiff is present and filed registered Notice of Motion No. 4273/24 along with affidavit in support.
Adv. Vasim A. Shaikh for defendant No.2 is present and filed pursis informing that costs of Rs.2,000/- paid to plaintiff and Rs.1000/- to DLSA along with receipts. Taken on record. It is marked as Exh-18.
Matter is adj to 13.11.2024 for filing reply to NM.
Next Purpose: REPLY
Next Hearing Date: 13-11-2024

Date: 13-11-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Nimish Achukar i/b Sachin V. Masurkar for plaintiff is present Adv. Wasim Shaikh for defendant No.2 is present and filed reply to Notice of Motion No.4273/24. Taken on record. Copy served to other side.
Matter is adj to 17.12.2024 for hearing on both motions.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2024

Date: 17-12-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Chitra Kavlekar for plaintiff is present and requested for adjmnt. for hearing on NM.
Adv. Shaikh for defendant No.2  is present.
Matter is adj to 23.01.2025 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2025

Date: 23-01-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Chitra Kawalekar h/f Adv. Sachin Masurkar for plaintiff is present and requested for adjournment. Adjournment is granted.
Adv. Vasim A. Shaikh for defendant No.2 is present.
Matter is adj to 10.02.2025 for hearing on notice of motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2025

Date: 10-02-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Chitra Kawalekar h/f Av. Sachin Masurkar for plaintiff is present.
Adv. Vasim A. Shaikh for defendant No.2 is present and requested for adjournment. Adjournment is granted.
Matter is adj to 28.02.2025 for hearing on Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2025

Date: 28-02-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv Chitra Kawalekar h/f Sachin Masurkar for plaintiff present and filed written notes of N/M. Copy serve to the defendant.
Adv for defendant no.2 present and requested for adjournment for filing reply on N/M.
Matter is adj to 21-03-2025 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2025

Date: 21-03-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Chitra Kawalekar h/f Adv. Sachin Masurkar for plaintiff is present.
Adv. Wasim Shaikh for defendant No.2 is present.
Heard Ld. counsel for defendant No.2 on Notice of motion.
Matter is adjourned to 08.04.2025  for Order on NM.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-04-2025

Date: 08-04-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
FRSR following order is passed on NM No.4273/24
Order
1.Notice of motion  No. 4273/2024 is  hereby dismissed.
2.No order as to costs.
3.Notice of motion No. 4273/2024 is disposed of  accordingly.
Order below Exh-1
Plaintiff died on 12.12.2021. The suit was abated. Proposed plaintiffs taken out Notice of motion No.4273/24 to condon delay and to set aside abatement. It is dismissed. Hence, Sum. Suit. No.513/18 is disposed of, as abated.
Pending Notice of motion No.1039/21 and summons for judgment No.1039/21 and SJ 37/20 is disposed of, as suit is disposed of.
Nature Of Disposal: OTHER
Disposal Date: 08-04-2025

Main Case No: SUMMARY CIVIL SUIT/0100513/2018
Main Cnr: MHCC010033122018
Main Filing No: 113080

Registration Number: 100037/2020
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100037/2020
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 102237/2020
Filing Date: 25-02-2020
First Hearing Date: 11th March 2020
Decision Date: 08th April 2025
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE