Shivkumar Shyam RahejaVsM/s.Allovers and Loce Pvt.Ltd. +3 more

Date: 19-03-2018
Business: Adv. Mr. Satyadev Joshi for plaintiff present.
Adv. Mr. Akshay Pawar for defendant  present.
At his request, adjd to 4.5.2018 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-05-2018

Date: 04-05-2018
Business: As Court is busy in dictating judgment and correction of orders in N/M and Chamber Summons. Hence, board discharged.
Adjd to 25.6.2018 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-06-2018

Date: 25-06-2018
Business: As court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2018

Date: 04-08-2018
Business: Adv.Ms.Sushma Sohani for Plaintiff present.
Adv.Mr.Akshay Pawar for Deft present.
On oral request of adv.for Deft adjd.for N/m hearing on 26.11.2018.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2018

Date: 26-11-2018
Business: None present.
Ealier order to be continue.
Adjd. To 04.05.2019 for NM Hearing
LO
Adv. Satyadev Joshi for Plaintiff present.
On his request date is change.
Adjd. To 04.01.2019 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2019

Date: 04-01-2019
Business: Adv. Satyadev Joshi for Plaintiff present
Adv. Vidhi Thakkar for defendant present and sought adjournment - Allowed
Adjd. to 12.02.2019  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2019

Date: 12-02-2019
Business: Adv. Joshi for Plaintiff present.
Deft present. Adv absent.
K.B.
L.O.
Representative of Defendant no.1 sought adjournment.
Granted as last chance.
Adj for NM hearing to 19.03.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2019

Date: 19-03-2019
Business: Adv. Joshi for Plaintiff present.
Representative of Deft present.
K.B.
L.O.
Adv. Vaidehi Thakar for Defendant present.
Adj for NM hearing to 03.04.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2019

Date: 03-04-2019
Business: Adv. Joshi for Plaintiff present.
Adv. Akshay Pawar for Defendant present.
On request of Adv for Defendant adj for NM hearing to 12.06.2019.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: Plff and Adv absent.
Deft and Adv absent.
K.B.
L.O.
Adv. Satyadev Joshi for Plaintiff present.
Adv. Pawar for Defendant present.
Draft NM filed by Adv for defendant t.o.r.
Leave is granted to register it.
Copy is given to other side.
Say filed by Adv for Plaintiff on NM.
Order below NM No.618/18.
Notice of motion is taken out by the defendants to set aside order dtd.04.08.2018 and file reply to NM No.618/18.
Plaintiff objected to the Notice of motion.
On perusal of Roznama, it appears that matter was adjourned on 04.05.2018 for NM reply to 25.06.18. On 25.06.18 Presiding officer was on leave, so board was discharged and matter was adjourned to 04.08.2018. On 04.08.2018 matter was adjourned to 26.11.2018 for NM hearing. It seems that no speaking order was passed to proceed without reply but it can be gathered that Notice of motion was proceeded without reply against the defendants. Defendants assigned reason that they were under impression that NM was adjourned from time to time for reply. Their impression is misconceived. May it be so, in the interest of justice and in order to avoid technicalities, I am of the view to grant an opportunity to the defendants to file reply to NM and to contest the same on merits. However, considering the delay caused, some costs is required to be imposed upon them. Hence pass following order.
ORDER
1. Draft Notice of Motion is allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.500/- to the Plaintiff.
2. On payment of costs, reply be taken on record.
3. Draft NM be registered for statistical purpose.
Draft NM is disposed off accordingly.
Defendants have paid costs to the Adv for Plaintiff.
Therefore, reply filed by defendants is t.o.r.
It is pertinent to note that defendant\''s Advocate made statement that they will not create third party interest in respect of suit property till reply to the NM.
Adv for defendants made statement that till next date defendants will not create third party interest in respect of suit property. Said statement is accepted as undertaking.
Adj for NM hearing on request of Adv for defendant to 19.06.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2019

Date: 19-06-2019
Business: Adv. Satyadev Joshi for Plaintiff present.
Adv. Kunal Bhange for Defendant present.
Draft NM which was filed on 12.06.2019 is already disposed off and registered as NM No.2110/19 for statistical purposes.
Heard arguments of both sides on NM 618/18.
Earlier order, if any to continue till next date.
Adj for NM order to 24.06.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 24-06-2019

Date: 24-06-2019
Business: Adv. Satyadev Joshi for Plaintiff present.
K.B.
L.O.
Representative of Defendant no.1 present.
As Court is busy in other matters, hence adj for NM order to 25.06.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-06-2019

Date: 25-06-2019
Business: Plff and Adv absent.
Deft and Adv absent.
FRSR following order is passed in NM No.618/18.
ORDER
1. Notice of motion No.618/18 is allowed and made absolute in terms of prayer clause (A).
2. Accordingly, notice of motion stands disposed off.
Adj for directions to 07.08.2019.
L.O.
Representative of defendant no.1 present.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: Adv. Joshi for Plaintiff present.
Deft and Adv absent.
Defendants appeared but failed to file written statement. Therefore, suit is to proceed without WS against defendants.
Adj for R/E to 10.10.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Adv. Joshi for Plaintiff present.
Adv. For plaintiff sought adjournment. - Granted
None for defendant
Adjd. To 2.12.2019  for  R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Adv. B.P. Shastri for plaintiff present.
He sought adjournment. - Granted.
On request of advocate for plaintiff, adjourned to 20.01.2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Adv. V.P.Shastree H/f Adv. Devendra Singh for plaintiff present.
Adv. for plaintiff sought adjournment
O- Granted as last chance
Adjourned to 02.03.2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Adv Joshi for plff present.
He seeks time to file affidavit of examination-in-chief of plff. Granted.
Satish Mishra, representative of deft no. 1 present.
Matter stands Adj for recording evidence to 03/04/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: National Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-08-2020

Date: 25-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: Adv. V.P. Shastri for plaintiff present.
Plaintiff absent.
He seeks time to file evidence.
Defendant and advocate are absent.
Adjd. to 20.01.2021 for recording of evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Adv Joshi for plff present.
Witness absent.
Matter stands Adj for Recording Evidence to 11/03/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Adv Sairaj Dable for plff present.
He seeks time for filing evidence of plff.  Case is fixed for evidence since 10/10/2019.  Hence last chance is granted to the plff for evidence, in default for dismissal order.
Matter stands Adj for Recording Evidence / Dismissal to 29/04/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Due to lockdown Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Both parties and their Adv absent.
Case is already fixed for recording evidence of plff, in default for dismissal order.  Since this the first date after regular resuming of the Court, matter stands Adj for Dismissal order to 26/10/2021.
Next Purpose: DISMISSAL
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Though suit is proceeded without written statement of defendants and case is fixed for evidence of the plaintiff since 10.10.2019, plaintiff failed to adduce evidence in spite of last chances granted on several occasions. Today case is fixed for dismissal order. None present for plaintiff when called out at 11.40 am. Hence the suit is dismiss in default for want of prosecution. Proceeding is closed
Nature Of Disposal: DISMISSED
Disposal Date: 26-10-2021

NOTICE OF MOTION/102110/2019

Filing Number: 101338/2018
Filing Date: 22-01-2018
First Hearing Date: 19th March 2018
Decision Date: 26th October 2021
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE