Date: 12-03-2020
Business: Called at 11.05 am
Adv. Mona Vyas along with Adv. M. H. Ansari for plaintiff present and filed affidavit of service. t.o.r.
Adv. for plaintiff filed registered notice of motion No. 910/2020 along with affidavit of service of notice of motion. t.o.r.
Adjd for hearing to 04/04/2020.
L. O. at 3.30 pm
Adv. Vishal Jathar I/b MDP and Partners filed vakalatnama on behalf of defendant. t.o.r.
Next Purpose: HEARING
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: HEARING
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: HEARING
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Business: National Lockdown
Next Purpose: HEARING
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Business: CORAM H.H.J. SHRI. R.V.KOKARE (C.R.31)
Both parties and their advocates are absent when called out.
Adjourned for reply on NM and written statement to 17/10/2020.
Next Purpose: REPLY
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Business: Already adjd to 21/10/2020
Next Purpose: REPLY
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Business: Both the parties and their advocates are absent.
Adjd. for reply to 06.11.2020.
Next Purpose: REPLY
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: Both parties and their Advocates are absent when called out.
Adjourned for filing reply and W.S. on 09.12.2020.
Next Purpose: REPLY
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv Ms. Mona Vyas for plaintiff present.
Adv. Mr. Shreyas Lele for defendant present.
Draft NM submitted by deft to condone the delay- Leave is granted to registration.
Exh.3- Reply on NM.
F.R.S.R the following order is passed on NM no.488/21.
ORDER
1. Notice of Motion no. 488/2021 is allowed.
2. Impugned delay as prayed is condoned subject to cost of Rs. 1,500/- (Rupees One Thousand Five Hundred only) be paid to plff. within 10 days.
3. Written statement is marked as Exh.2. (Copy of W.S. is served on plff.).
4. Notice of Motion No. 488/2021 is disposed off accordingly.
Matter is adjd.to 25.02.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Dr. Vivek Bhartu for plaintiff present.
Adv. Mr. Vishal Jathar for defendant present.
In view of last date roznama cost of Rs. 1,500/- paid to plff by deft. Plff has received copy of W.S. Exh.4.
At the request of both side adjd is granted for amicable settlement.
Exh.5- Issues framed.
Matter is adjd.to 05.03.2021 for List of witnesses.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv. Ms. Mona Vyas for plaintiff present.
Adv. Mr. Shreyas Lele for defendant present.
Both side learned advs. Requested for three weeks adjd. as parties have almost settled their dispute.
Issues are noted by both side.
Matter is adjd.to 26.03.2021 for NM argument and list
of witness.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv.Dr. Vivek Bhartu for plaintiff present.
Adv. Mr. Shreyas Lele for defendant.
As submitted by both side, settlement talks are going on, it is prayed for adjd.
Matter is adjd.to 16.04.2021 for NM argument and list
of witness.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-04-2021
Date: 16-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays, matter is adjourned to 02.07.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ARGUMENTS
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Adv. Ms. Mona Vyas @ Adv. Mr. Vivek Bhartu for Plff.
Plff no.1 and 2 present.
Adv. Mr. Shreyas Lele for Deft.
K.B.
L.O. at 1.55 p.m.
Adv. Vivek Bhartu for Plff submitted that matter is compromised between the parties, but defendant is not available for filing compromise deed / settlement terms on record. He prayed for short date. Hence matter is adjd.to 07.07.2021 for compromise.
Next Purpose: CONSENT TERM
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Next Purpose: SETTLEMENT
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: CORAM : H.H.J.SHRI. R. R. BHAGWAT (C.R.NO.31)
None for plaintiff.
None for defendant.
Matter kept for Lok Adalat
Matter is adjd.to 01-08-2021 for Lok Adalat .
Next Purpose: SETTLEMENT
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Business: (By Preceipe)
Plaintiff no. 1 and 2 present.
Representative of Deft. Shri Narendra Arora present.
Adv. Mona Vyas for plaintiff present.
Adv. Shreyas Lele for defendant present.
Both sides filed consent terms t.o.r. marked as - Exh. 6
On request of both sides, matter referred to Mediation.
Adjd to 31-07-2021 for Mediation report.
LO Today
Mediation report received from Mediator Judge at 1.45 p.m.
and it is marked as Exh. 7.
Order
On perusal of mediation report Exh. 7 and consent terms Exh. 6, it is explicit that the matter is settled between the parties. Exh. 6 is signed by both plaintiffs, authorized representative of the defendants and Ld. Counsels for both sides. Both sides have been confronted with contents in Exh. 6 and they admitted the same to be true and correct. On perusal of Exh. 6, it appears that amount of Rs. 5,00,000/- is paid to the plaintiffs and remaining amount of Rs. 43,00,000/- is agreed to be paid in forty three installments of equal amount as mentioned in para 6. Further more, the defendants agreed to compromise decree and execution of the same as mentioned in para 13. It means that both sides are fully conversant with terms of compromise and consequences of breach of the same. As the parties are voluntarily compromising the matter, I pass the following order -
Order-
1. Commercial Suit No. 21/2020 is compromised and it is decreed in terms of consent terms Exh. 6.
2. Consent terms Exh. 6 shall form part and parcel of the compromise decree.
3. Both sides shall bear their own costs.
4. Entire Court fees shall be refunded to the plaintiffs in view of section 16-A of the Maharashtra Court Fees Act,1959. Certificate be issued accordingly.
5. Compromise decree be drawn up accordingly.
6. Notice of Motion No. 910/2020 has become infructuous and it is disposed off.
Nature Of Disposal: OTHER
Disposal Date: 30-07-2021