Ashok Tejraj jainVsSiroya Builders Developers and Anr. +2 more

Date: 22-02-2021
Business: As P.O. is on online 40 hrs. mediation training programme, as a trainer from MCPC scheduled to be held from 15.2.21 to 22.2.21.
Next Purpose: REPORT
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: In view of Office Order No. 81/21, only urgent matters is taken up. Hence, board discharged.
Matter adjd to 03/08/2021.
Next Purpose: REPORT
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: None present for Plaintiff.
Adv. Akash Shah for defendants present.
Registered Ch/s No.567/2021 is tendered today in the Court by defendant. t.o.r.
The defendants undertake to serve the copy of Ch/s to the plaintiff.
Adjd to 21.08.2021 for reply to Ch/s.
                                                                         Judge
LO at 1.30 pm
Adv. Ramesh Jain for plaintiff present.
Next Purpose: C/S REPLY
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: HHJ is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: None present for plaintiff.
Adv.Akash Shah h/f.Adv.Ashwin Mishra for defendant present.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
The defendant filed service affidavit of chamber summons, Exh.5 t.o.r.
KB for filing reply of plaintiff on chamber summons.
LO at 01.11 pm
Adv.Ramesh Jain for plaintiff present.
Adv.Akash Shah h/f.Adv.Ashwin Mishra for defendant present.
Adv. of plaintiff tendered affidavit of service, Exh.6 t.o.r.
Say filed by the plaintiff on chamber summons itself.
Heard the Ld.Adv.for the defendant and the plaintiff on chamber summons.
F.R.S.R. the following order is passed
ORDER
1. Chamber Summons No.567/2021 is allowed subject to costs of Rs.1,000/- (Rupees One Thousand Only.).
2. The delay in entering appearance of defendant Nos.1 and 2 is condoned.
3. After compliance of payment as to costs, the appearance of defendant Nos.1 and 2 shall be taken on record.
4.  Chamber Summons No.567/2021 is disposed off accordingly.
Matter adjd to 08.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: None present for plaintiff.
Adv.Aakash Shah for defendant present.
      The Ld.Adv.for the defendant submits that he undertake to comply with the order of cost on or before next date.
Matter adjd to 21.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: None present for plaintiff.
Adv.Rahul Ubale h/f.Adv.Aakash Shah for defendant present.
The defendants filed letter cum acknowledgment about payment of cost to the plaintiff as per order dated 27.09.2021 in Chs.No.567/21, Exh.7. In view of compliance of costs the defendants appearance is taken on record.
Matter adjd to 18.11.2021 for filing summons for judgment.
Next Purpose: FOR___________________
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: None present for plaintiff.
Adv.Ayesha Khatri h/f.Adv.Akash Shah for defendant present.
KB
LO at 01.05 pm,
Adv.Ramesh Jain for plaintiff present.
On oral request adjd for filing summons for judgment on 03.12.2021.
Next Purpose: FOR___________________
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: PO is on Leave.
Next Purpose: FOR___________________
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 02.02.2022 for filing summons for judgment.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: None present for plaintiff.
Adv. Rahul Ubale present for defendants.
In view of SOP dated 6.1.2022, matter adjd to 16/02/2022 for taking steps.
L.O. at 01.30 p.m.
Adv. Ramesh Jain for the plaintiff present.
Draft Summons for Judgment along with affidavit in support of Summons for Judgment tendered by advocate for the plaintiff. O-  Leave to register Summons for Judgment is granted.
Matter adjd to 16/02/2022 for affidavit of service of SJ/SJ reply.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2022

Date: 02-02-2022
Business: None present for plaintiff.
Adv. Rahul Ubale present for defendants.
In view of SOP dated 6.1.2022, matter adjd to 16/02/2022 for taking steps.
L.O. at 01.30 p.m.
Adv. Ramesh Jain for the plaintiff present.
Draft Summons for Judgment along with affidavit in support of Summons for Judgment tendered by advocate for the plaintiff. O-  Leave to register Summons for Judgment is granted.
Matter adjd to 16/02/2022 for affidavit of service of SJ/SJ reply.
Next Purpose: REPLY
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: None present for plaintiff.
None present for defendant.
The plaintiff has not filed affidavit of service in SJ, hence, keep for order against plaintiff on 05.03.2022.
Next Purpose: ORDER
Next Hearing Date: 05-03-2022

Date: 05-03-2022
Business: None present for plaintiff.
Adv.Ayesha Khatri h/f.Adv.Akash Shah for defendant present.
KB
LO at 12.07 pm,
Adv.Ramesh Jain for plaintiff present.
The plaintiff tendered registered SJ No.54/22 a/w. affidavit t.o.r.
Matter adjd to 19.03.2022 for service affidavit in SJ.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: None present for plaintiff.
Adv.Ayesha Khatri h/f.Adv.Akash Shah for defendant present.
Adv.for defendant submits that copy of summons for judgment has been received on 05.03.2022. She requested for time to file leave to defend. Already limitation has expired. Defendant to take necessary steps.
Matter adjd to 04.04.2022 for steps by deft.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: None present for plaintiff.
Adv.Rahul Ubale h/f. Adv.Aakash Shah for defendant present.
      Defendant has failed to take steps. Case to proceed without leave to defend.
Matter adjd to 29.04.2022 for claim affidavit.
                                                                                              Judge
LO at 12.35 pm,
Adv.Ramesh Jain for plaintiff present.
Matter adjd to 29.04.2022 for claim affidavit.
Next Purpose: FOR___________________
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Court is on Leave.
Next Purpose: FOR___________________
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: Court is on Leave.
Next Purpose: FOR___________________
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Reason For Adjournment: court time is over
Next Purpose: FOR___________________
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Adv. Ramesh jain Present for Plff.
Adv. Ayesha Khatri Present for Deft.
As per officer order No. 179 of 2022 dt. 26/08/2022 PO is busy in Online special programme on “ Speedy disposal ” for Commercial Court Judges conducted by Maharashtra Judicial Academy, Uttan Thane. Hence matter adj. To 22/09/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-09-2022

Date: 22-09-2022
Business: None Present for Plff.
Adv. Ayesh Khatri Present for Deft.
Ex.08 - VP filed by Adv. Akash Sha, Mr. Rahul Ubale and Ayesh J. Khatri on behalf of deft no.1 ,2,3.
Adv of deft filed draft CS along with affidavit for deft no.3 for striking out / delete the name of deft no.3. Copy be served to otherside. Service affidavit be filed.
Adj. For CS returnable and SJ 54/22 on 17/10/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: Adv. Ramesh Jain Present for Plff.
Adv. Ayesha Khatri Present for Deft.
Adv of deft has tendered registered CS 1606/22 along with affidavit.
Today copy of CS served to adv of plff.
Adv of deft has filed draft NM along with affidavit for setting aside order dt. 04/04/2022 and for permission to file reply to SJ. Leave granted to register NM. Otherside has given say on the overleaf of the application.
Adj. For NM returnable and Reply on CS 1606/22 and hearing on SJ 54/22 and NM on 16/11/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: None Present for Plff.
Adv. Akash Shah Present for Deft.
Adv of deft contended that parties arrived at compromise and time be granted for filing compromise memo.
KB LO 12.20.
Adv. Ramesh Jain Present for Plff and he contended that parties arrived at compromise and time be granted for filing compromise memo.
Adv of deft not tendered registered NM 4103/2022.
Adj. For NM 4103/22 Returnable and Hearing on SJ 54/22 and reply on CS 1606/22 on 25/11/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: None Present for Plff.
Adv. Akash Shah Present for Deft.
Adv of deft contended that short time be granted for compromise memo. None present for plff.
Adj. For NM returnable 4103/22 and Reply on CS 1606/22 and hearing on SJ 54/22 on 07/12/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: Court is on Leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: None Present for Plff.
Adv. Aysha Kharti Present for Deft.
Adv of deft tendered registered NM 4103/22 along with affidavit.
Otherside has already given say on overleaf of the NM on 17/10/2022.
adv of deft has presented reply to SJ 54/22. It will be taken on record subject to order of NM 4103/22.
Adj. For Hearing on NM 4103/22, Reply on CS 1606/22 and  SJ 54/22 on 17/01/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Ayesha Khatri for defendant present. KB
L.O at 1.40 p.m.
Adv. Ramesh Jain for plaintiff present.
Adv. Ayesha Khatri for defendant present.
Heard argument of advocate of both parties on NM no. 4103 /2022
Case adjd for order on NM and hearing on ch/s to 18.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: Adv. Ramesh Jain Present for Plff.
Adv. Ayshea Khatri a/w Adv. Mittal Chandra Present for Deft.
F.R.S.R. following order passed on NM 4103/22.
Notice of Motion is allowed as under.
(i) Delay caused in filing reply to Summons for Judgment No.54/2022 is condoned subject to cost of Rs.3000/- to be paid to the plaintiff till next date.
(ii) After compliance of above condition, the reply will be taken on record.
Adj. For Compliance and Reply on CS 1606/22 and  SJ 54/22 on  14/03/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Ayesha Khatri for defendants present.
Defendant has not complied order dtd. 18.02.2023, passed on NM No. 4103/22. Adv.of both the parties submitted that compromise talk going on in between parties and therefore case be adjourned.
Case adjd for reply on CH/S No 1606/22 and hearing on SJ 54/22 without reply to 23.03.2023.
Next Purpose: C/S REPLY
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: None present for plaintiff.
Adv. Ayesha Khatri for defendant present and made statement that compromise talk is going on in between parties. Hence, case adjourned.
Case adjd for Lok Adalat to 30.04.2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 30-04-2023

Date: 30-04-2023
Business: Adv. Ramesh Jain present for the plff.
None present for the deft.
Case is not settled in Lok Adalat.
Adj. to 05/06/2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 05-06-2023

Date: 05-06-2023
Business: 05.06.2023
30
Coram: H. H. J. Shri. V.S. Gaike Judge, (C.R.NO. 32)
Comm SU 867/2021 @ Ch/s. 1606/2022
@ Sum. For JUDGT 54/2022
None plaintiff present.
Adv. Ayesha Khatri for defendant present.
L.O at 12.34 pm
Adv. Ramesh Jain for plaintiff present.
Both the parties orally prayed for time for filing consent terms.
Adjd 14/06/2023 for Consent terms.
Judge
Next Purpose: CONSENT TERM
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: 14.06.2023
04
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 867/2021 @ Ch/s. 1606/2022 @ Summ for Judgt 54/2022
None present for plaintiff.
Adv. Rahul Ubale i/b Ramesh Jain for plaintiff present.
K.B.
L.O.at 1.30 pm
Adv. Ramesh Jain for plaintiff present.
Adv. Ayash Khatri for defendant present.
Ld. Advocates of both the parties prayed that matter may kindly be sent for mediation.
O- Matter be referred to Court mediation. Parties of directed to appear before Judge mediator on the next date.
Adjd to 21/07/2023 for Medication report.
								Judge
Next Purpose: MEDIATION REPORT
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: None for plaintiff.
Adv. Ayesha Khatri for defendant is present.
Matter is adj for mediation report to 01/08/2023.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 01-08-2023

Date: 01-08-2023
Business: Adv. Ramesh Jain for plaintiff is present.
Adv. Ayesha Khatri for defendant is present.
Matter is adj for mediation report  to	02/09/2023.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 02-09-2023

Date: 02-09-2023
Business: Adv. Ramesh Jain for plaintiff is present.
Adv. Aayesha Khatri for def. is present.
Mediation report not received.
Matter is adj for mediation report to 06/09/2023.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: Adv. Ramesh Jain for plaintiff is present.
Adv. Ayesha Khatri for def. is present.
Exh. 9-Mediation report- Mediation Failed.
Exh. 10-Joint Consent Terms.
Both the parties requested to keep the matter in Lok Adalat.
O-Keep the matter in  Lok Adalat.
Matter is adj for Lok-Adalat  to 09/09/2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023

Date: 09-09-2023
Business: Adv. Ramesh Jain present with plaintiff Prapti.
Adv. Ms Ayesha Khatri present with Partner of defendant / firm.
ORDER
In view of Exh. 10, the present matter is disposed off as withdrawn in Lok Adalat.
Court fees if any be refunded as per rules.
Exh. 11  Award.
The pending Chamber Summons and SJ are disposed off accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 09-09-2023

CHAMBER SUMMONS/101606/2022
NOTICE OF MOTION/104103/2022
CHAMBER SUMMONS/100567/2021
SUMMONS FOR JUDGT/100054/2022

Registration Number: 100867/2021
Transfer Date: 28-05-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Filing Number: 103759/2020
Filing Date: 21-03-2020
First Hearing Date: 22nd February 2021
Decision Date: 09th September 2023
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE