Date: 19-03-2018
Business: Adv. Mr. Satyadev Joshi for plaintiff present.
Adv. Mr. Akshay Pawar for defendant present.
At his request, adjd to 4.5.2018 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-05-2018
Date: 04-05-2018
Business: As Court is busy in dictating judgment and correction of orders in N/M and Chamber Summons. Hence, board discharged.
Adjd to 25.6.2018 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-06-2018
Date: 25-06-2018
Business: As court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2018
Date: 04-08-2018
Business: Adv.Ms.Sushma Sohani for Plaintiff present.
Adv.Mr.Akshay Pawar for Deft present.
On oral request of adv.for Deft adjd.for N/m hearing on 26.11.2018.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2018
Date: 26-11-2018
Business: None present.
Ealier order to be continue.
Adjd. To 04.05.2019 for NM Hearing
LO
Adv. Satyadev Joshi for Plaintiff present.
On his request date is change.
Adjd. To 04.01.2019 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2019
Date: 04-01-2019
Business: Adv. Satyadev Joshi for Plaintiff present
Adv. Vidhi Thakkar for defendant present and sought adjournment - Allowed
Adjd. to 12.02.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2019
Date: 12-02-2019
Business: Adv. Joshi for Plaintiff present.
Deft present. Adv absent.
K.B.
L.O.
Representative of Defendant no.1 sought adjournment.
Granted as last chance.
Adj for NM hearing to 19.03.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: Adv. Joshi for Plaintiff present.
Representative of Deft present.
K.B.
L.O.
Adv. Vaidehi Thakar for Defendant present.
Adj for NM hearing to 03.04.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2019
Date: 03-04-2019
Business: Adv. Joshi for Plaintiff present.
Adv. Akshay Pawar for Defendant present.
On request of Adv for Defendant adj for NM hearing to 12.06.2019.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2019
Date: 03-04-2019
Business: Adv. Joshi for Plaintiff present.
Adv. Akshay Pawar for Defendant present.
On request of Adv for Defendant adj for NM hearing to 12.06.2019.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2019
Date: 12-06-2019
Business: Plff and Adv absent.
Deft and Adv absent.
K.B.
L.O.
Adv. Satyadev Joshi for Plaintiff present.
Adv. Pawar for Defendant present.
Draft NM filed by Adv for defendant t.o.r.
Leave is granted to register it.
Copy is given to other side.
Say filed by Adv for Plaintiff on NM.
Order below NM No.618/18.
Notice of motion is taken out by the defendants to set aside order dtd.04.08.2018 and file reply to NM No.618/18.
Plaintiff objected to the Notice of motion.
On perusal of Roznama, it appears that matter was adjourned on 04.05.2018 for NM reply to 25.06.18. On 25.06.18 Presiding officer was on leave, so board was discharged and matter was adjourned to 04.08.2018. On 04.08.2018 matter was adjourned to 26.11.2018 for NM hearing. It seems that no speaking order was passed to proceed without reply but it can be gathered that Notice of motion was proceeded without reply against the defendants. Defendants assigned reason that they were under impression that NM was adjourned from time to time for reply. Their impression is misconceived. May it be so, in the interest of justice and in order to avoid technicalities, I am of the view to grant an opportunity to the defendants to file reply to NM and to contest the same on merits. However, considering the delay caused, some costs is required to be imposed upon them. Hence pass following order.
ORDER
1. Draft Notice of Motion is allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.500/- to the Plaintiff.
2. On payment of costs, reply be taken on record.
3. Draft NM be registered for statistical purpose.
Draft NM is disposed off accordingly.
Defendants have paid costs to the Adv for Plaintiff.
Therefore, reply filed by defendants is t.o.r.
It is pertinent to note that defendant\''s Advocate made statement that they will not create third party interest in respect of suit property till reply to the NM.
Adv for defendants made statement that till next date defendants will not create third party interest in respect of suit property. Said statement is accepted as undertaking.
Adj for NM hearing on request of Adv for defendant to 19.06.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2019
Date: 19-06-2019
Business: Adv. Satyadev Joshi for Plaintiff present.
Adv. Kunal Bhange for Defendant present.
Draft NM which was filed on 12.06.2019 is already disposed off and registered as NM No.2110/19 for statistical purposes.
Heard arguments of both sides on NM 618/18.
Earlier order, if any to continue till next date.
Adj for NM order to 24.06.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 24-06-2019
Date: 24-06-2019
Business: Adv. Satyadev Joshi for Plaintiff present.
K.B.
L.O.
Representative of Defendant no.1 present.
As Court is busy in other matters, hence adj for NM order to 25.06.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 25-06-2019
Date: 25-06-2019
Business: Plff and Adv absent.
Deft and Adv absent.
FRSR following order is passed in NM No.618/18.
ORDER
1. Notice of motion No.618/18 is allowed and made absolute in terms of prayer clause (A).
2. Accordingly, notice of motion stands disposed off.
Adj for directions to 07.08.2019.
L.O.
Representative of defendant no.1 present.
Nature Of Disposal: ALLOWED
Disposal Date: 25-06-2019
