Date: 26-03-2018
Business: Adv. Ms. Kavita Sharma for plaintiff present.
Adv. Ms. Shivani vora for defendant present.
Adv. for plaintiff tender original SJ No. 78/18.
Matter is adj. to 21/04/2018 for SJ Reply.
Next Purpose: REPLY
Next Hearing Date: 21-04-2018
Date: 21-04-2018
Business: Court busy dictating Judgment SU No. 757/16, 790/17, 1149/17, 1155/17, 1156/17, 1157/17, 1361/17. Hence board discharged.
Matter is adj. to 10/08/2018 for Reply.
Next Purpose: REPLY
Next Hearing Date: 10-08-2018
Date: 10-08-2018
Business: Adv. Sharma for Plaintiff present.
Adv. Shivani Bora for Defendant present.
Both the parties have submitted that settlement talk is going on between the parties hence,
Matter is adjd. to 10/09/2018 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 10-09-2018
Date: 10-09-2018
Reason For Adjournment: court time is over
Next Purpose: SETTLEMENT
Next Hearing Date: 01-10-2018
Date: 01-10-2018
Business: None for Plaintiff.
Adv. Vishal Jathar for Defendant present.
On the oral request of the ld. Advocate for defendant,
Matter is adjd. to 23/10/2018 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 23-10-2018
Date: 23-10-2018
Business: Adv. Kavita Sharma for Plaintiff present.
Adv. Shivani for Defendant present.
With the consent of both the sides,
Matter is adjd. to 29/10/2018 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 29-10-2018
Date: 29-10-2018
Business: Adv. Kavita Sharma for Plaintiff present.
Adv. Vishal for Defendant present.
With the consent of both the parties,
Matter is adjd. to 03/11/2018 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-11-2018
Date: 03-11-2018
Business: Adv. Kavita Sharma for Plaintiff present.
Adv. Vishal J. for Defendant present.
Mr. Rohit Chavan Representative of defendant present.
The parties have filed joint pursis for settlement and they have requested for the long adjournment, till the clearness of the cheaque hence in view of the matter,
Matter is adjd. to 28/03/2019 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Adv for plaintiff Mr.Hussain present
Adv for deft Mr.Vishal present
Adv for deft stated that there is no settlement between parties
Matter is Adjd for S/J Hearing to 11/07/2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-07-2019
Date: 11-07-2019
Business: Adv. Hussain for plaintiff present.
None present for defendant.
KB
LO
Adv. Ms. Ujjwala Deshmukh for defendant present.
On oral request of defendant, last chance is given.
Adjd. for SJ hearing to 19.07.2019.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: court is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-07-2019
Date: 23-07-2019
Business: Adv Hussain for plaintiff present.
Plaintiff present.
Adv Vishal for defendant present.
Both the Ld Adv submitted that there were talks of settlement but unfortunately at last movement the talks failed.
Plaintiff is present.
Ld Counsel has submitted that the final amount of Rs.22,50,693/- inclusive of interest, which was agreed can be given Four installments out which first will be payorder demand draft and other 3 installments will be post dated Cheques of equal amounts.
To this offer of defendant in open court the plaintiff
and his Adv has shown acceptance.
Parties is directed to file consent terms, on record as per
the settlement .
Adjd for settlement on 29/7/2019.
Next Purpose: SETTLEMENT
Next Hearing Date: 29-07-2019
Date: 29-07-2019
Business: Court is on leave. Adjd to 20/08/2019
Next Purpose: SETTLEMENT
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Adv. Hussain for plaintiff.
None for defendant.
Record shows that defendants were ready to settle the matter and
pay the settlement amount in installments. Due to this conditions the
matter was kept for settlement. Last chance is given to defendant to
take the concrete steps for settlement or else matter will be
proceeded as per provisions of Law.
Adjd.for settlement 07/9/2019.
Next Purpose: SETTLEMENT
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Business: None present.
Adjd.for settlement on 06/11/2019.
Next Purpose: SETTLEMENT
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Next Purpose: SETTLEMENT
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: Adv. Hussain for plaintiff present.
Adv. Vishal Jathar for defendant .
The matter has been already settled as per consent terms filed at Ex.8 on 11.09.2019. Those consent terms in brief were also recorded in the notings dtd.11.09.2019. However, the matter was kept pending for full and final settlement as part payment was remained to be made by the defendant. In fact once the consent terms were filed on record and those were acceptable to the parties and there was no term in the consent terms to keep the matter pending till full payment, the matter ought to have been disposed by passing decree as per the consent terms as soon as the consent terms were accepted and verified. Be that as it may. Today the defendant\''s advocate sought further time. The plaintiff\''s advocate resisted to it. In the interest of justice as a last chance time is granted till 17.01.2020 to the defendant to make the full payment as per the consent terms. On next date i.e. on 17.01.2020 irrespective of the failure of the defendant if any to make the payment, the decree will be automatically passed.
Next Purpose: SETTLEMENT
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Adv. Hussain for plaintiff. Plaintiff present.
Adv. Vishal Jathar for defendant. Defendant present.
The Ld Advocate on behalf of the defendant sought time for balance payment as per the consent terms. He submitted that 25 percent amount has been already paid.
This court had already noted in the noting dtd.03.01.2020 that irrespective of payment/failure of the payment on behalf of the defendant the decree will be automatically pass since the consent terms were already filed on 11.09.2019 and those were accepted by the parties. Even the para 19 of the consent terms Exh.8 state that the parties agree that this summary suit is to be disposed as amicably settled in accordance with the consent terms. Thus, the suit has to be disposed by passing decree as per the consent terms. Whatever rights and liabilities accrued to the parties by virtue of the consent terms may be executed in the execution proceedings, for the reason of satisfaction of i.e. Execution of the terms of settlement as per the consent terms, the suit cannot be kept in abeyance. Even otherwise keeping the suit pending or in abeyance inspite of the consent terms between the parties, will delay the passing of the decrees and further execution of the rights as per the decree. In this background, the suit has to be disposed as per the consent terms. Hence, the suit is decreed as per the consent terms Exh.8. Parties to bear their own cost. Accordingly, SJ 78/18 is also disposed.
Decree be drawn up accordingly.
Nature Of Disposal: OTHER
Disposal Date: 17-01-2020
