Date: 23-04-2019
Business: Resumed.
Adv. Sameer Bhandari for plaintiff and Adv. Pravin D. Patel for defendant nos. 1 to 4 are present. None for def. no. 5.
Exh. 7 - Vakalatnama of Adv. Pravin D. Patel for Def. Nos. 1 to 4. O- Seen and filed.
Exh. 8 - Written statement of Def. Nos. 1 to 4. O - R and R.
He also filed affidavit in reply to NM No. 957/2019. Copy served on Adv. Bhandari.
Adv. Bhandari submits that affidavit of service against def. no. 5 will be filed on next date.
Adjd for NM reply /arguments to 02.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-07-2019
Date: 02-07-2019
Business: None present for plaintiff and defendant.
Staff is also not present due to heavy rain.
Adjourned for NM reply/rejoinder to 4.9.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2019
Date: 04-09-2019
Business: None present for plaintiff.
Plaintiff to file affidavit of service of writ of summons to the defendant no. 5.
Matter adjn for compliance/hearing on NM to 5.11.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2019
Date: 04-09-2019
Business: None present for plaintiff.
Plaintiff to file affidavit of service of writ of summons to the defendant no. 5.
Matter adjn for compliance/hearing on NM to 5.11.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Adv. Neelima Raut for plaintiff present.
Adv. Babu for defendant no. 5 present.
Adv. Kakade for defendant nos. 1 to 4 present.
Draft NM tendered by def. no. 5 along with supporting affidavit and written statement. Leave is granted to register. Defendant no. 5 to supply the copy of NM to the other side.
Adjourned for reply to NM 9.1.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-01-2020
Date: 05-11-2019
Business: Adv. Neelima Raut for plaintiff present.
Adv. Babu for defendant no. 5 present.
Adv. Kakade for defendant nos. 1 to 4 present.
Draft NM tendered by def. no. 5 along with supporting affidavit and written statement. Leave is granted to register. Defendant no. 5 to supply the copy of NM to the other side.
Adjourned for reply to NM 9.1.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-01-2020
Date: 09-01-2020
Business: Adv. Bhandari for plaintiff present.
Adv. Mr. Kakde for deft. nos.1 to 4 present.
Adv. Nair for deft. no.5 present.
Original N/M no.957/19 is tendered by Adv. for plaintiff.
T.O.R.
Original N/M no.4771/19 is tendered by Adv. for deft. no.5. T.O.R.
Rejoinder filed by the plaintiff to the reply of the deft. nos.1 to 4 in N/M no.957/19. Copy is supplied to the parties.
Counsel for plaintiff seeks time to file reply to N/M no.4771/19. Granted.
The matter is adjd for reply and hearing on N/M to 20.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: None present.
Matter is called in morning. In view of advisory of Hon\''ble High Court concerning COVID-19, the matter is adjourned.
The matter is adjd for N/M reply to 16.06.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2020
Date: 16-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 07.12.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2020
Date: 07-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 07.12.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None present.
The matter is adjd for N/M reply to 10.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2021
Date: 07-12-2020
Business: None present.
The matter is adjd for N/M reply to 10.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. Bhandari for plaintiff present.
Adv. Kakade for deft. nos.1 to 4 present.
Adv. Babu for deft. no.5 present.
ORDER IN N/M NO.4771/19
Heard. By this N/M, the deft. no.5 seeks leave of the Court to file written statement by condoning delay of 97 days. The deft. no.5 contended that affidavit in support of N/M was served on 02.07.2019 to this defendant. Accordingly, papers were handed over to Adv. Bhat. It was informed by Adv. Bhat that whenever he would prepare the written statement, he will call concerned person of deft. for instructions but due to busy schedule, he could not prepare written statement. He has given the draft of written statement on 16.09.2019. The managing committee met and discussed but could not take decision to contest the matter. In that background, there is delay of 97 days.
Ld. counsel for plaintiff opposed the N/M on the count that the reason assigned are not plausible. The delay is not properly explained and in case, the Court condones the delay, the cost be saddled upon the deft. no.5.
Deft. no.5 is a co-operative society and decision of it are taken by the managing committee. Therefore, there appears delay in filing the written statement. Be that as it may, in such type of motions, there should not be hyper-technical and pedantic approach. The substantial rights of the parties are involved and in the interest of justice, this N/M needs consideration. No prejudice would be caused to the plaintiff and for the delay, plaintiff can be compensated by appropriate cost. Hence, it is expedient to pass the following order.
ORDER
1. N/M No.4771/19 is made absolute in terms of prayer clause (a) subject to payment of cost Rs.2,500/- to be paid to the plaintiff or his counsel within a period of four weeks from today.
2. Payment of cost is subject precedent.
3. N/M No.4771/19 is disposed of accordingly.
The matter is adjd for compliance and hearing on N/M of plaintiff to 15.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv. Nilima Raul for plaintiff present.
Deft. nos.1 and 2 present.
Adv. Bhat for deft. no.5 present.
Ld. counsel for deft. no.5 submitted that he has complied the order and the cheque was sent to plaintiff\''s advocate. He filed copy of letter to that effect. T.O.R.
It appears that order of Court has been complied.
Written statement of deft. no.5 is taken on record and marked as Exh.9.
O. - Read and recorded.
The matter is adjd for N/M hearing to 06.05.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: None present.
The matter is adjd for N/M hearing to 01.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv. Nilima Raul for plaintiff present.
Adv. Pravin Patel for deft. nos.1 to 4 present.
By consent, the matter is adjd for N/M hearing to 05.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. Sameer Bhandari for plaintiff present.
Adv. Pravin Patel for deft. nos.1 to 4 present.
Adv. G.S. Bhatt for deft. no.5 present.
By consent, the matter is adjd for N/M hearing to 11.11.2021 at 12.30 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv. Sameer Bhandari for plaintiff present.
Adv. Pravin Patel for deft. present.
Exh.10 - Adv. For plaintiff filed copies of orders in Suit no.161/17 and 162/17. T.O.R.
Heard arguments of both the sides on N/M No.957/19.
The matter is adjd for order on N/M No.957/19 to 15.11.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: None present.
F.R.S.R. following order is passed on N/M No.957/19 -
ORDER
1. N/M No.957/2019 is partly allowed.
2. N/M No.957/2019 is made absolute in terms of prayer clause (b).
3. All other prayers in N/M No.957/2019 are rejected.
4. Costs in cause.
5. N/M No.957/2019 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 15-11-2021
