Verinder Kumar VermaVsSatish Shankar Marathe And Ors - Applicant - Purushottam Shankar Marathe

Date: 11-03-2019
Business: Resumed.
Plaintiff with Adv. Y. S. Bhate and Adv. S. Y. Ambre for def. no. 4 and Adv. Irma with def. Nos. 1 and 2 are present.
Adv. Ambre tendered registered Ch/s no. 541/2019 along with affidavit. According to him the notice relating to Ch/s is already served on the Court Receiver.  He undertakes to serve copy on plaintiff and remaining defendants.
He further submits that he wants to file additional affidavit.  None for Court Receivers office.
Exh. 56  - Affidavit of evidence of DW no. 1 Mr. Satish Shankar Marathe.  O - R and R.  Copy served on Adv. Ambre.
Adjd for reply and arguments on Ch/s no. 541/2019 to 03.04.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 03-04-2019

Date: 03-04-2019
Business: Resumed.
The P.O. is busy in dictating NM No., 413/2018 orders in Suit No. 7305/2001 and Order in Suit No. 7195/2006 and recording evidence in suit No. 89/2015.
For want of time the board is discharged.
Adjd for Ch/s reply to 11.06.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Adv. Bhate for plaintiff present.
Adv. Bhandary for defendant no. 3 present.
Adv. Amare for defendant no. 4 present.
Reply to chamber summons no. 541/19 filed by defendant no. 3. R and R.
By consent of the parties matter is adjourned for hearing on chamber summons to 25.6.2019
Next Purpose: C/S  HEARING
Next Hearing Date: 25-06-2019

Date: 25-06-2019
Business: Adv. Bhate for plaintiff present.
Adv. Amare for deft. no. 4 present.
Adv. Verma for deft. nos. 2a 2b and 2c present.
Adv. for deft. no. 1 present.
Rejoinder to reply by deft. no. 3 to chamber summons filed on behalf of deft. no. 4.  TOR.
Reply filed by the plaintiff to the chamber summons.  TOR.
Matter is adjourned for hearing on chamber summons and evidence of deft. no. 1.  The counsel for deft. no. 1 to ensure the presence of defendant no. 1 on next date.  The matter is old.  Parties are directed to cooperate the court for its expeditious disposal.
Adjourned for hearing on chamber summons and evidence of deft. no. 1 to 11.7.2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-07-2019

Date: 11-07-2019
Business: Adv. Bhate for plaintiff present.
Adv. Amre for deft. no. 4 present.
Adv. Verma for deft. nos. 2a 2b and 2c present.
Adv. Sunil Patel for deft. no. 1 present.
None present o behalf of the society when the matter was called.  The deft. no. 1 is not present.  It is informed by Adv. for deft. no. 1 that deft. no. 1 is unwell.  The matter is old.  In the interest of justice last chance is granted to the deft. no. 1 for adducing the evidence.
Adjourned for cross examination of DW-1  and hearing on chamber summons to 19.8.2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-07-2019

Date: 11-07-2019
Business: Adv. Bhate for plaintiff present.
Adv. Amre for deft. no. 4 present.
Adv. Verma for deft. nos. 2a 2b and 2c present.
Adv. Sunil Patel for deft. no. 1 present.
None present o behalf of the society when the matter was called.  The deft. no. 1 is not present.  It is informed by Adv. for deft. no. 1 that deft. no. 1 is unwell.  The matter is old.  In the interest of justice last chance is granted to the deft. no. 1 for adducing the evidence.
Adjourned for cross examination of DW-1  and hearing on chamber summons to 19.8.2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-07-2019

Date: 19-07-2019
Business: Adv. Bhate for plaintiff present.
Adv. Amre for deft. no .4 present.
Adv. Bhandari for deft. no. 3 present.
Adv. Bhavika Khatri for deft. no. 1 present.
In the roznama it reflects that the date in the matter is wrongly posted as 19.8.2019.  The Ld. counsel for def. no. 1 submitted that the defendant was informed about the date as 19.8.2019. Hence the matter is adjourned for evidence.
Adjourned for recording evidence to 26.7.2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-07-2019

Date: 19-07-2019
Business: Adv. Bhate for plaintiff present.
Adv. Amre for deft. no .4 present.
Adv. Bhandari for deft. no. 3 present.
Adv. Bhavika Khatri for deft. no. 1 present.
In the roznama it reflects that the date in the matter is wrongly posted as 19.8.2019.  The Ld. counsel for def. no. 1 submitted that the defendant was informed about the date as 19.8.2019. Hence the matter is adjourned for evidence.
Adjourned for recording evidence to 26.7.2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: Adv. Bhate for plaintiff present.
Adv. Amre for deft. no .4 present.
Adv. Bhavika Khatri for deft. no. 1 present.
Cross examination of DW-1Satish Shankar Marath is partly recorded.
Adjourned for further cross examination of DW-1 to 19.8.2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: Plaintiff present.
Adv. Bhate for plaintiff present.
Adv. Usharani Marathe with Adv. Bhavika Khatri for defendant no. 1 present.
Adv. Pallavi Marathe for defendant nos. 2(a) to 2(c) present.
Adv. Bhandary for defendant no. 3 present.
Adv. Amre for defendant no. 4 present.
Further cross examination of DW-1 partly recorded.
Adjourned for further cross examination of DW-1 to 28.8.2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-08-2019

Date: 19-08-2019
Business: Plaintiff present.
Adv. Bhate for plaintiff present.
Adv. Usharani Marathe with Adv. Bhavika Khatri for defendant no. 1 present.
Adv. Pallavi Marathe for defendant nos. 2(a) to 2(c) present.
Adv. Bhandary for defendant no. 3 present.
Adv. Amre for defendant no. 4 present.
Further cross examination of DW-1 partly recorded.
Adjourned for further cross examination of DW-1 to 28.8.2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: Adv. Bhate for plaintiff present.
Adv. Bhavika Khatri for defendant no. 1 present.
Adv. Amre for defendant no. 4 present.
The Ld. counsel for the defendant no. 1 submitted that DW-1 is not well and unable to attend the court today.
Heard argument of Ld. Advocate for the defendant no. 4 and plaintiff on chamber summons.
Adjourned for order on chamber summons and  further cross examination of DW-1 to 18.9.2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-09-2019

Date: 28-08-2019
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: Plaintiff present.
DW-1 present.
Adv. Bhavika Khatri for defendant no. 1 present.
Adv. Amre for defendant no. 4 present.
The Ld. counsel for the defendant no. 4 submitted that he has to confront the certified copy of the earlier proceeding to the witness and the same is not received by him, therefore he seeks adjournment.
Adjourned for cross examination of DW-1 by defendant no. 4 as a last chance to 7.10.2019.
LO
Adv. Pallavi Marathe for defendant nos. 2(a) to 2(c) present.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: Adv. Bhate for plaintiff present.
DW-1 present.
Adv. Amre for defendant no. 4 present
Adv. Sunil Patel for defendant no. 1 present.
Adv. Bhandari for defendant no. 3 present.
The Ld. Counsel for the defendant no. 4 seeks time for cross examination.
Adjourned for further cross examination of DW-1 to 11.11.2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-11-2019

Date: 07-10-2019
Business: Adv. Bhate for plaintiff present.
DW-1 present.
Adv. Amre for defendant no. 4 present
Adv. Sunil Patel for defendant no. 1 present.
Adv. Bhandari for defendant no. 3 present.
The Ld. Counsel for the defendant no. 4 seeks time for cross examination.
Adjourned for further cross examination of DW-1 to 11.11.2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Adv. Bhate for plaintiff present.
Adv. Usharani Marathi with Adv.Bhavika Khatri for defendant no. 1 present.
Adv. Amre for defendant no. 4 present
DW-1 present.
List of documents filed by defendant no. 4.
Cross examination of DW-1 partly recorded.
Copy of the plaint in Suit no. 1266/1993.
Adjourned for further cross examination of DW-1 to 3.12.2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: Adv. Mr. Bhate for plaintiff present.
Adv. Ms. Khatri for deft. no.1 present.
None present for deft. no.3 to 6.
The matter is adjd as  a last chance for cross examination of DW-1 by deft. nos.3, 5 and 6 to 21.01.2020.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: Adv. Bhate for plaintiff present.
Adv. Patel for deft. no.1 present.
Adv. Bhandari for deft. no.3 present.
Adv. Sarita for deft. no.4 present.
Ld. counsel for deft. no.3 submitted that the deft. no.3 does not wish to cross examine DW-1 hence, the cross examination of DW-1 by deft. no.3 is declined.
The matter is now for cross examination of DW-1 by plaintiff.  Ld. Counsel for plaintiff seeks time.  Granted.
The matter is adjd for evidence to 18.02.2020.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-02-2020

Date: 21-01-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-03-2020

Date: 18-02-2020
Business: Plaintiff present.
Adv. U.A. Marathe for deft. no.1 present.
Adv. Pallavi Marathe for deft. no.2(a) present.
Adv. Ambre for deft. no.4 present.
Plaintiff seeks adjournment on the count that his advocate is not available.  Granted as last chance.
The matter is adjd for evidence to 07.03.2020.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: Adv. Bhate for plaintiff present.
DW-1 present.
Adv. Irma Mota i/b. Sunil and Co. for deft. no.1 present.
Adv. Ambre for deft. no.4 present.
None for deft. nos.5 and 6.
None present for defendant nos.5 and 6 hence, no cross.
Cross examination of DW-1 is resumed by Adv. Mr. Bhate for plaintiff and completed.
Exh.59 Evidence closing pursis filed by deft. no.1.
O. - Seen and filed.
The matter is adjd for evidence of deft. no.2 to 21.03.2020.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-03-2020

Date: 07-03-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: In view of advisory of Hon\''ble High Court concerning COVID-19, the matter is adjourned.
The matter is adjd for evidence to 04.04.2020.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-04-2020

Date: 21-03-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-04-2020

Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-04-2020

Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-06-2020

Date: 27-04-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-06-2020

Date: 05-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Business: None present.
In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to 08/09/2020 for recording of evidence. PH.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-09-2020

Date: 23-06-2020
Business: None present.
In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to 08/09/2020 for recording of evidence. PH.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-09-2020

Date: 08-09-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-10-2020

Date: 08-09-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 26.11.2020.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-11-2020

Date: 28-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 26.11.2020.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: Due to Covid-19, the matter is adjourned
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: None for plaintiff.
Adv. Patel for deft. no.1 present.
Adv. Ambre for deft. no.4 present.
None for deft. no.3.
The matter is for the evidence of deft. nos.2(A) to 2(C).  None present on their behalf.  Matter is adjourned as a last chance for the evidence of deft. nos.2(A) to 2(C).
The matter is adjd for evidence to 05.02.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: plaintiff present.
Adv. Patel for deft no.1. present.
Adv. Sarita Zara for deft no.4 present.
None present for deft no.2(A) to 2(C). Last chance was granted to deft no.2(A) to 2(C) to adduce evidence but they failed to adduce evidence hence matter to proceed without evidence of deft no.2(A) to 2(C).
The matter is adjd for evidence of deft no.3 to .08.03.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: None for plaintiff.
Adv. Sunil Patel for deft. no.1 present.
None for deft. no.3.
Matter to proceed without evidence of deft. no.3.
The matter is adjd for evidence of deft. no.4 to 30.03.2021.
L.O.
Adv. Bhandari for deft. no.3 present.
He filed pursis that deft. no.3 does not want to examine witness.  O. - Seen and filed.
The matter is already adjd for evidence of deft. no.4 to 30.03.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Adv. Y.S. Bhate for plaintiff present.
Adv. Ambre for deft. no.4 present.
Ld. counsel for deft. no.4 seeks time to adduce evidence.  Granted.
The matter is adjd for evidence to 26.04.2021.
L.O.
Adv. Irma for deft. no.1 present.
The matter is already adjd for evidence to 26.04.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-06-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Business: In view of office order no.106/2021 dated 14.06.2021, the matter not being urgent, is adjourned to 06/07/2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 02.09.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: None for plff.
Adv. Sunil Patel for deft no.1 is present.
Adv. Amre for deft no.4 is present.
Both the Ld. Advocates requested for an adjournment.
Matter adjd for CH/s hearing on 07.09.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Adv. Bhate for plff is present.
Adv. Bhandari for deft no.3 is present.
Adv. Amre for deft no.4 is present.
Adv.for plff filed compilation of orders in CH/S. T.O.R.
He has filed copy of order on record. T.O.R.
Matter adjd for CH/S hearing on 16.09.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv. Bhate for plff is present.
Adv. Ambre for deft no.4 is present.
                   Order below CH/S No. 541/19
Perused the chamber summons and reply. Also perused the documents. Heard both the sides. In the midst of the argument the Ld. Adv.for defendant no.4 has not pressed the chamber summons. Hence, I pass the following order-
                                       ORDER
Chamber Summons No. 541/19 stands disposed of as withdrawn. Chamber summons is disposed of accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 16-09-2021

Main Case No: SUIT/0109811/1991
Main Cnr: MHCC010080812012
Main Filing No: 111447

Filing Number: 102889/2019
Filing Date: 07-03-2019
First Hearing Date: 11th March 2019
Decision Date: 16th September 2021
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE