Purushottam B. Agarwal +2 moreVsState of Maharashtra +1 more

Date: 17-09-2019
Business: Adv. Rushi Ashok for the Plaintiff present.
Adv. Kapse for Defendant present.
At the request of adv for the Plaintiff, matter is adjd. to 23.09.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Adv. Mr. Ashok for the Plaintiff present.
Adv. Mr. Darshan Jain for Defendant no. 1 present.
Issue writ of summons to the defts on payment of process fee through bailiff of sheriff office and simultaneously by RPAD post or speed post.
Matter is adjd. to 29.11.2019 for proof of service of writ of summons.
Next Purpose: DIRECTIONS
Next Hearing Date: 29-11-2019

Date: 29-11-2019
Business: The court is on leave
Next Purpose: DIRECTIONS
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Adv. V.K.Ashok  for plaintiff is present. He filed letter of request.
Defendant no. 1 and 2 are duly served.
Matter is adjd. for order  to 13/03/2020.
Next Purpose: ORDER
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Adv. Mr. Amogh Patkar for the Plaintiff present and
Adv. Mr. Shukla h/f Kapse for Defendant No. 1 present.
The Defendant no. 1 seeks time for filing written statement. Granted.
None appeared for Defendant no. 2. Suit to proceed exparte against Defendant no. 2.
Matter is adjd. to 9.07.2020 for WS of Defendant no. 1.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-07-2020

Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Adv. Mr. Amol Patkar for the plaintiff.
None for defendants.
Defendant No.1 has failed to file WS. Hence, the suit to proceed without WS against defendant No1.
Matter is adjd. to 04/05/2021 for No WS hearing.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Business: due to covid-19
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 17-07-2021

Date: 17-07-2021
Business: Due to COIVD-19 pandemic.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Court is on leave.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: As Court is busy in hearing arguments in NM 2416/21 in SU 1954/21. Hence, Board is discharged.
Matter is adjd. to 19.01.2022 for hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 24.03.2022 for hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adv.Amogh Patuer for plaintiff present and seeks time to file affidavit of examination in chief.
Matter is adjd. to 17-06-2022 for hearing without written statement.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: Adv. Vrushi Ashok for plaintiff present and seeking time for filing examination in chief.
Adv. Kapse for State present.
Matter is adjd. 22-08-2022 for  Hearing without WS
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv. Amogh Patker for plaintiff present
None present for defendant.
Matter is adjd. to 19.10.2022 for hearing without WS
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: court is on leave
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Plaintiff and his Adv. Amogh Patkar present and filed affidavit of evidence of plaintiff, Mr. Vinit Kumar Sharma. TOR it is marked at Exh.5. He also filed list of documents. TOR. It is marked at Exh.6.
None present for defendant.
Matter is adjourned to 13.02.2023 for Admission Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: Adv. Amogh Patkar for plaintiff present.
Advocate Mr. Khatib h/f Adv. Kapse for the State/defendant present and requested to kb for filing say.
LO at 11.35 pm.
Adv. Kapse for Deft/State present and submitted that copy of document not supplied to him by plaintiff and requested to supply the documents.
Plaintiff advocate ready to supply the document and requested to adjourned the matter to next date.
Matter is adjourned to 28.03.2023 for Admission Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: Adv. Patkar I/b Bekay Legal for plaintiff present.
None for defendant.
Matter is adjourned to 13.06.2023 for Admission Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Adv. Mr. Amogh Patakar for the plaintiff is present.
None present for the defendant.
Defendant Nos. 1 and 2 failed to file WS within time. Hence, suit is proceeded no WS against defendant Nos. 1 and 2.
Adjourned for admission and denial to 25.08.2023.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: Adv. Mr. Amogh Patkar for the plaintiff is present.
None present for the defendant.
KB LO at 1.05 p.m.
Adv. Mr. Amogh Patkar for plaintiff present.
He filed list of documents along-with original documents.
List of documents is taken on record and marked as Exh.7.
O- Other side to say.
Matter is adjourned to 04.10.2023 for marking of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-10-2023

Date: 04-10-2023
Business: None present for the plaintiff.
Adv. Ms. Martina Sakpal h/f Adv. Amit Kapse for defendant No.1/State is present and endorsed say on list of documents.
Matter is adjourned to 20.12.2023 for admission and denial.
LO at 12:00 pm.
Adv. Mr. Amogh Patkar for the plaintiff is present.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: None present for both the sides.
Kept back. Later on 12:05 pm.
Adv. Mr. Amogh Patkar for the plaintiff is present.
Matter is adjourned to 27.02.2024 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Adv. Mr.Amogh Patkar for the plaintiff is present.
None for defendant.
Adv. for plaintiff filed application for production of document and marked at Exh-8 along with list and index and marked at Exh-9. Production allowed.
Perused say filed on list of documents. Heard ld adv. for plaintiff on exhibiting documents. Following documents at list (Exh-7) and (Exh-9) are exhibited.
Below Exhibits marked at Exh-7.
Original Trust Deed darted 28th July, 2011 marked at Exh-10.
Copy of resolution dated 19th June, 2018 (Notarized) marked at Exh-11.
Original Resolution dated.01.12.2022 marked at Exh-12.
Below Exhibit marked at Exh-8.
Certified True Copy of Order passed by the Honble Charity Commissioner marked at Exh-13.
Matter is adjourned to 23.04.2024 for Cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-04-2024

Date: 23-04-2024
Business: Plaintiff is present.
Adv. Mr.Amogh Patker for the plaintiff is present.
Adv. Mr.Krishna Yadav h/f Adv. Kapse for defendant/State is present.
Matter is adjourned to 25.06.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: As Court is busy in recording evidence in Suit No.7130 of 1997. Hence, board is discharged and matter is adjourned to 06.08.2024 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2024

Date: 06-08-2024
Business: Advocate Amogh Patkar present for plaintiff.
Advocate Kapse for defendant/State present.
Matter is adjourned to 26/09/2024 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2024

Date: 26-09-2024
Business: Adv. Amogh Patkar present for plaintiff and sought adjournment..
Adv. Kudalkar present for defendant/State.
Matter is adjourned to 17/10/24 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-10-2024

Date: 17-10-2024
Business: Adv. Komal Raj present for plaintiff.
Adv. Martina Sakpal for defendant/State present.
Counsel for plaintiff is present and he prayed for adjournment to which counsel of state of Maharashtra opposed. In this case plaintiff is taking dates from June 2023. Plaintiff is directed to secure the attendance of witness on the next date. Otherwise the evidence of the witness will be closed.
Matter is adjourned to 03/12/24 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-12-2024

Date: 03-12-2024
Business: Adv. Amogh Patkar present for plaintiff and sought adjournment.
Advocate Kapse for defendant/State present.
Matter is adjourned to 22/01/25 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-01-2025

Date: 22-01-2025
Business: Adv. Rishi Ashok i/b Adv.  Bekay Legal present for plaintiff.
Adv. Rahul Rathod present for defendant/BMC
Adv. T. A. Dhotre h/f Adv. Kapse present for defendant/State.
Adv. for deft. no. seeks time to file reply on document
O- time granted as last chance.
Adv. for plaintiff submitted that her senior is not available at this time and requested for keeping matter back.
L.O. 01.39 PM
Adv. for plaintiff present and he seeks time for taking instructions.
O- Time granted as last chance.
Matter is adjourned to 12/03/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-03-2025

Date: 12-03-2025
Business: As the Court is on leave.  Hence, Board is discharged and matter stand adjd. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-04-2025

Date: 25-04-2025
Business: Adv. Amogh Patkar present for plaintiff.
Advocate Kapse for defendant/State present.
Matter is adjourned to 15/07/25 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-07-2025

Date: 15-07-2025
Business: None present for plaintiff.
Adv. Martina Sakpal for defendant no. 1/State present.
As plaintiff and his advocate are absent, Matter is adjourned to 24/09/25 for taking steps.
Later on at 01. 58 pm.
Plaintiff present.
Adv. Akshada Deshpande a/w Adv. Amogh Patkar for plaintiff present and filed an application to return the documents i.e. original trust deed (Ex. 10) t.o.r. marked as Exh. 14. As plaintiff required it to submit it before charity commissioner. Document is already exhibited and matter is fixed for cross examination. Considering the urgency mentioned original Ex. 10 be returned to the plaintiff with due acknowledgment and on submitting its certified copy on record. If the original is required during cross examination, the plaintiff is directed to produce the same as and when required. Hence the application is allowed.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2025

Date: 24-09-2025
Business: Adv. Akshada Deshpande i/b Bekay Legal present for plaintiff and filed pursis. TOR and marked as Exh.__
Adv. Apurva Dalal h/f Adv. Rahul Rathod for defendant no.2/BMC present.
Matter is adjourned to 24.11.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-11-2025

Date: 24-11-2025
Business: As the Court is on leave Board is discharged and the matter stands adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-01-2026

Date: 19-01-2026
Business: Adv. Akshada Deshpande i/b Bekay Legal present for plaintiff and filed application for permission to withdraw the Suit. TOR and marked as Exh.16. O-Plaintiff nos.1 to 3 absent. This application is not signed by any of the plaintiff. Advocate for plaintiff, Adv. Akshada Deshpande submitted that application be taken on record. Hence, considering above facts application is not tenable hence, rejected.
Adv. Namrata Kharat h/f Adv. Kapse present for defendant/State.
Matter is adjourned to 31.01.2026 for further Order.
Next Purpose: ORDER
Next Hearing Date: 31-01-2026

Date: 31-01-2026
Business: None present for plaintiff.
None present for defendants.
Plaintiff and his advocate remained absent till 11.21am. No application for adjournment is filed on record. Matter is too old. Hence, it shows that plaintiff is not interested to proceed with the matter. Therefore, Suit stands dismissed for default. (S. M. PATIL) Judge, City Civil Court, Gr. Bombay.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 31-01-2026

Registration Number: 102351/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 103903/2019
Filing Date: 30-03-2019
First Hearing Date: 17th September 2019
Decision Date: 31st January 2026
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE