Shilpa Anil Bhingarde - Suit St. No. 4094/2020VsDeraiya Realtors Pvt. Ltd. and Ors.

Date: 09-09-2020
Business: Adv. Rajesh Bharap for the Plaintiff present and he tendered registered N/M. 1308/2020 alongwith affidavit in support. t.o.r.
Adv. Mr.P. D. Gandhi for Defendant-1 present and he filed reply to N/M No. 1308/2020. t.o.r.
Adv. Mr. Hardik Desai for deft-3 present and he filed reply to N/M No. 1308/2020. t.o.r.
Earlier protection granted to continue till next date.
Matter is adjd. to 16.09.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Business: Advocate Mr. Rajesh Dharap for the plaintiff present.
Advocate Mr. Hardik Desai for defendant No.3 present.
The advocates for both the parties seek time for adjournment. Time is
granted.
Earlier ad-interim order to continue till next date.
Matter is adjd. to  24/09/2020 for hearing on Notice of Motion No.1308 of 2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Business: Adv. Mr. Rajesh Gharap for the plaintiff present.
Adv. Ms. Prit Chavla h/f Adv. P. D. Gandhi for defendant-1 present.
Adv. Hardik Desai for deft-3 present.
Additional list of documents filed by adv for the plff. t.o.r.
Heard arguments of the plff.
Earlier protection to continue till next date.
Matter is adjd to 25.09.2020 for arguments by deft Nos-1 and 3.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Business: dv. Mr. Rajesh Dharap for the plaintiff present.
Adv. P. D. Gandhi for defendant-1 present.
Adv. Mr. Hardik Desai for deft-3 present.
Heard arguments of adv for deft-1.
Heard arguments of adv for deft-3
Earlier protection to continue till next date.
Matter is adjd to 28.09.2020 for reply arguments.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Business: Adv. Mr. Rajesh Dharap for the plaintiff present.
Adv. Ms. Prit Chawla h/f Adv. P. D. Gandhi for defendant-1 present.
Adv. Mr. Hardik Desai for deft-3 present.
Draft Ch/s alongwith affidavit in support taken out by adv for the plaintiff. t.o.r. O- Leave is granted to register of it.
The defts seek time to file reply on it. O-Granted.
Plaintiff to supply copies of the draft Ch/s to the defts.
Notice to the defts is dispensed with.
Arguments concluded.
Earlier protection to continue till next date.
Matter is adjd to 3.10.2020 for order on N/M No. 1308/2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Business: Advocate Mr . Dharap for the plaintiff present. He filed registered Chamber Summons No.554 of 2020. Advocate Ms. Preet Chawla h/f Advocate P.D. Gandhy for defendant No.1 present.None present for defendant Nos.2, 3 and 4. F.R.S.R. the following order is passed on Notice of Motion No.1308/2020. ORDER 1.The Notice of Motion No.1308 of 2020 is hereby partly made absolute. 2.The prayer made in Clause (b) is rejected and alternative part of Clause (a) is allowed.3.The defendant No.1 and 3 are temporarily restrained from selling, transferring, encumbering or otherwise dealing with, by the manner whatsoever, an area to be specified by them in the new building to be constructed as per the new plan, which would sufficiently indemnify the dues of the plaintiff arising out of the Settlement Agreement dated 06.04.2016, till the time such dues are fully satisfied or till the the date of the decision of the suit, whichever is earlier.4.The prayers against the defendant No.2 are rejected. 5.The  Notice of  Motion No. 1308 of 2020 stands disposed of accordingly.
The learned advocate for the defendant No.1 seeks stay to the order
passed on Notice of Motion No.1308 of 2020 today.  The order has
just directs the defendant No.1 and 3 to reserve the suitable area to
indemnify the claim of the plaintiff.  The learned advocate submits
that the construction is going on and ids not yet completed.  Under
such circumstances, there is nothing to be stayed and the defendant
No.1 can exercise his statutory right to challenge that order in
appropriate proceeding.  Thus, prayer is disallowed.
The learned advocate for the defendant No.1 seeks further time to
file reply on the Chamber Summons.  Time is granted.
Other defendants have not filed reply on the Chamber Summons.
Nature Of Disposal: ALLOWED
Disposal Date: 03-10-2020

Filing Number: 104383/2020
Filing Date: 04-09-2020
First Hearing Date: 09th September 2020
Decision Date: 03rd October 2020
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE