Prapti Mitesh JainVsSiroya Investments and Anr. +1 more

Date: 23-02-2021
Business: None present.
Adjd for report on 03.04.2021.
LO at 1.05 p.m.
Adv. Ramesh Jain for plaintiff is present.
Adjd for report on 03.04.2021.
Next Purpose: REPORT
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Ridhima Madgaovkar  for deft. present and filed registered C/S No. 569/21 along with affidavit of service.
Order below C/S No. 569/21-
Perused the C/S and reply. Heard both the sides. In para No. 6 of the affidavit in support it is submitted that the adv. was suffering from Covid -90 and was hospitalised. Genuine reasons are in mentioned and I AM satisfied that the delay in filing the VP can be condone and the interest of justice hence, I passed the following order -
C/S No;. 569/21 is allowed and made absolute in terms of prayer clause (a) and (b) and VP is T.O.R. and marked at Exh. 2.
Matter adjd.to  19-06-2021   for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-06-2021

Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.43 pm
Adv.Ramesh Jain for plaintiff present.
Matter adjd to 06.09.2021 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: HHJ is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: None present for plaintiff.
Adv.Akash Shah h/f.Adv.Ashwin Mishra for defendant No.1 and 2 present.
The plaintiff to take steps as the defendants are already appeared.
Matter adjd to 16.10.2021 for steps.
                                                                                              Judge
LO at 01.27 pm
Adv.Ramesh Jain for plaintiff present.
Matter adjd to 16.10.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: 16-10-2021 is holiday declared.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: None present for plaintiff.
Adv.Rahul Ubale h/f.Adv.Ashwin Mishra for defendants present.
KB
LO at 12.42 pm,
Adv.Ramesh Jain for plaintiff present.
On oral request of the plaintiff, adjd for filing summons for judgment on 25.11.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: None present for plaintiff.
Adv.Ayesha Khatri h/f.Adv.Ashwin Mishra for all defendants present.
KB
LO at 01.45 pm,
Adv.Ramesh Jain for plaintiff present. The plaintiff after giving repeated chances failed to file SJ. Hence, keep for order.
Matter adjd to 03.12.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: PO is on Leave.
Next Purpose: ORDER
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 09.02.2022 for order for not filing SJ.
Next Purpose: ORDER
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 01.03.2022 for order for not filing SJ.
Next Purpose: ORDER
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: None present for plaintiff.
Adv. Ms. Ayesha Khatri h/f Adv. Akash Shah present for defendant.
KB.
L.O. at 11.55 a.m.
Adv. Mr. Ramesh Jain present for plaintiff.
None for defendant.
The plaintiff tendered draft SJ alongwith affidavit.
O- Leave granted to register summons for judgment.
Matter adjd to 17.03.2022 for filing service affidavit in SJ/SJ reply
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: None present for plaintiff.
Adv. Ayesha Khatri h/f Adv. Akash Shah present for defendant.
KB
L.O. at 12.38 p.m.
Adv. Mr. Ramesh Jain for the plaintiff present and tendered registered SJ No.70/2022 alongwith affidavit in support. t.o.r.
Matter adjd to 30.03.2022 for service affidavit and leave to defend.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: None present for plaintiff.
Adv.Ayesha Khatri h/f.Adv.Ashwin Mishra for defendant present.
KB
LO at 12.20 pm,
Adv.Ramesh Jain for plaintiff present.
       The plaintiff filed copies of registered SJ and affidavit for furnishing it to the defendant.
KB
LO at 05.10 pm,
None present. The defendant remained absent to accept the copies of SJ. Hence, plaintiff to serve the copy to the defendant.
Matter adjd to 11.04.2022 for service affidavit in SJ and reply.
                                                                                              Judge
LO at 05.16 pm,
Adv.Ayesha Khatri h/f.Adv.Ashwin Mishra for defendant present.
Copies of registered SJ and affidavit are received by defendant with endorsement.
Matter adjd to 11.04.2022 for reply in SJ.
Next Purpose: REPLY
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: None present for plaintiff.
Adv.Ayesha Khatri h/f.Adv.Ashwin Mishra for defendant present.
         The Ld.Adv.for the defendant orally requested time for filing leave to defend. Read the endorsement on summons for judgment. Copy of summons for judgment is received by the defendant on 30.03.2022. Time for filing leave to defend is expired, hence, case to proceed without leave to defend. The Ld.Adv.for the defendant wants to take steps in respect of delay in filing leave to defend.
Matter adjd to 29.04.2022 for claim affidavit/steps by deft.for filing leave to defend if any.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: court is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-06-2022

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

Date: 29-07-2022
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
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 for Steps.
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.03 - VP filed by Adv. Akash Sha, Mr. Rahul Ubale and Ayesh J. Khatri on behalf of deft no.1,2.
Suit already proceeded without leave to deft as per order dt. 11/04/2022.
Adj. For Claimed affidavit of plff and  SJ 70/22 on 17/10/2022.
Next Purpose: FOR___________________
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 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 hearing and Hearing on SJ 70/22 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 4101/2022.
Adj. For NM 4101/22 Returnable and Hearing on SJ 70/22 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 4101/22 and hearing on SJ 70/22 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. Ayesha Kharti Present for Deft.
Adv of deft tendered registered NM 4101/22 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 70/22. It will be taken on record subject to order of NM 4101/22.
Adj. For Hearing on NM 4101/22 and SJ 70/22 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: dv. 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. 4101 /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 4101/22.
Notice of Motion is allowed as under.
(i) Delay caused in filing reply to Summons for Judgment No.70/2022 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 SJ 70/22 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. 4101/22. Adv.of both the parties submitted that compromise talk going on in between parties and therefore case be adjourned.
Case adjd for hearing on SJ 70/22 without reply to 23.03.2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: None present for plaintiff.
Adv. Harshad Joshi h/f Adv. Akash Joshi for defendant present.
KB LO at 12.30 p.m.
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
32
Coram: H. H. J. Shri. V.S. Gaike Judge, (C.R.NO. 32)
Comm SU 871/2021 @
Sum. For JUDGT 70/2022
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
06
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 871/2021
Sum for judgt 70/2022
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. 4-Mediation report- Mediation Failed.
Exh. 5-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. 5, the present matter is disposed off as withdrawn in Lok Adalat.
Court fees if any be refunded as per rules.
Exh. 6  Award.
The pending Chamber Summons and SJ are disposed off accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 09-09-2023

NOTICE OF MOTION/104101/2022
CHAMBER SUMMONS/100569/2021
SUMMONS FOR JUDGT/100070/2022

Registration Number: 100871/2021
Transfer Date: 28-05-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Filing Number: 103755/2020
Filing Date: 21-03-2020
First Hearing Date: 23rd February 2021
Decision Date: 09th September 2023
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE