Kapil Kumar S/o. Anil Kumar RastogiVsAccord Builders and Anr. +1 more

Date: 01-12-2020
Business: NOB TOB
Adv. Asarf Daimondwala for deft. Present.
And he filed application for taken on board Order- Allowed.
Plaint
Vakalatnama
Memorandum of address
List of document.
Adv. For the deft. filed Vakalatnama. T.O.R. Marked as Exh-5
Plaintiff have not filed affidavit of Service hence Vakalatnama of deft. t.o.r. subject to objection of plaintiff.
Matter is already adjd to 04/01/2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: Adv. Neha Pande for the plff. Present.
Adv. For the plff. Tendered Original writ of summons. t.o.r.
Order - Seen and file
She also tendered draft  S/J @ affidavit in support.
Order- Leave granted to register.
Matter is adjd to 05.03.2021 for Service of S/J.
Next Purpose: SERVICE
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Matter pertains to court room no. 59
BY PRECIPE. O- Allowed
Adv. Diamondwala for defendant present.
On perusal of precipe copy of summons for judgement is received on 02/02/2021
Adv. For defendant present and filed reply to summons for judgement t.o.r.
Matter already adjd to 05.03.2021.
Next Purpose: SERVICE
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Neha Pandey for the plff. Present.
Adv. D\''souza for the deft. Present.
Adv. For the plff. Tendered registered S/J 01/2021 @ affidavit in support.  t.o.r.
Matter is adjd to 09.03.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Neha Pandey for the plff. Present.
Adv. For the plff. filed rejoinder. t.o.r.
Order - seen and filed.
Matter is adjd to 22.03.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Neha Pandey for the plff present.
Adv. Huda Diamondwala for the deft present.
Arguments part heard . Last chance. At 11.30 am
Matter is adjd to 24.03.2021 for hearing part heard.
Next Purpose: HEARING
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Neha Pandey for the plff present.
Adv. Huda Diamondwala for the deft present.
Adv. For the deft tendered copy of partnership and copy of registration.
For reason separately recorded following order is passed.
ORDER
1. Summons for Judgment No.1/2021 is dismissed.
2. Defendants are allowed to defend the suit on the condition that they shall deposit amount of Rs.3,00,000/- within four weeks from today and file their written statement.
3. Costs in cause.
4. Summons for Judgment No.1/2021 is disposed off accordingly.
Matter is adjd to 21.04.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 22/04/2021 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 16/06/2021 for  Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Business: Due to Covid-19 Pandemic Lockdown.
Both the parties and their advocates are absent.
Matter is adjd to 11.08.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Neha Pande for the plff present.
Adv. Huda Diamondwale for the deft present.
Adv. For the deft Oral requested on next date i.e. 13.08.2021 to deposited the amount.
Matter is adjd to 13.08.2021  for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Neha Pandey for the plff present.
KB L.O. at 11.48 a.m.
Adv. Neha Pandey for the plff present.
Adv. For the deft present.
Adv. For the deft requested to K.B. the matter afternoon session.
KB L.O. at 02.45 p.m.
Adv. Neha Pandey for the plff present.
Adv. Huda Diamondwala for the deft present.
Adv. for the deft filed application for delay the comply of the order dated 24.03.2021. t.o.r.
Order- Perused the application and say. Heard the advocates for the parties at length. Considering the application and no objection given by the advocates for the plaintiff permission is granted to deposit demand draft in compliance of order dated 24.03.2021. Cashier is directed to is accept the demand draft after treasury hours.
Adv. for the defendant filed written statement. t.o.r. marked as Exh-6
Order- seen and filed . Copy given to other side.
Matter is adjd to 14.10.2021  for draft issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: Court is vacant
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Adv Noorani Patel for plaintiff present.
Adv Neha Pandey for defendant present.
Matter is adjd to 02.02.2022 for draft issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: Adv. Ms. Neha Pandey for Plaintiff present.
	None present for Defendant.
	Matter adj. to 12/04/2022 for Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: P.O. is on training
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Adv. Ms. Neha Pandey for Plaintiff present.
None for Defendant.
Matter adjourned to 07/10/2022 for filing Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Adv.Karan Choudhary for plaintiff present.
Adv.Ammar i/b Diamondwala and company for defendants present.
Both the Ld. Advocates seeks tile to file draft issue. Time granted.
Matter is adj to 21/12/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: Adv. for plaintiff present and submits that probably written statement not filed in the matter. On perusal of record said submission of Ld. Adv. Seems incorrect.
She further submits that she has not received copy of written statement.
On perusal of record it further transpires that the written Statement is filed way back on 13-08-2021. Thereafter the matter was listed of 6 times for draft issues at no time plff raised this issue. Therefore at this stage submission of adv. of plaintiff that the copy of W/S is not supplied shows that ld adv is not aware about the stage of the matter.   She ought to have sought copy of WS on earlier occasions.
Ld adv for plff is not having the brief with her. She requested to keep the matter back so as to assist the court to frame the issue. As per her request, matter is kept back till 2.45p.m.
LO 2.54 PM
Adv. For plaintiff filed draft issues
Adv. For defendant filed draft issues.
Heard both sides on the point of framing issues.
(Exh.7) – Issues are framed.
Adv. for defendant present, he submits that the efforts of amicable settlement are going on. He needs time.
Matter is adj to 07-02-2023 for Plaintiff\''s Evidence/amicable settlement.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: Adv.Ravindra Singh h/f Adv.Ashok Saraogi for plaintiff present.
None for defendant.
Adv. for plaintiff submits the matter is likely to be settle amicablly.  He request some time to file consent terms.
In view of the request,  matter is adj to 14/03/2023 for evidence/settlement.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv. for plaintiff present.
Adv. for defendant present.
Kept back for some time for consent terms.
Matter called out at 12.34pm
None for parties.
Kept back.
Matter called out at 2.52pm
Adv. for plaintiff present.
None for defendant.
Kept back.
Matter called out at 5.12pm
Mr.Kapil Kumar and his Adv.Sana Khan are present.
Mr.Kirit Hirlal Mehta, defendant No.1 and his Adv.Noorain Patel i/b Diamondwala are present.
Both the parties tendered mutual consent Terms at Exh-8.
The consent terms are verified from the parties present before the court.
Plaintiff submits that matter is amicably settled in view of the terms of compromise.
In view of the same, I pass following order-
                          ORDER
1. Summary Suit No. 377 of 2020 is decreed in terms of consent terms Exh-8
2. Decree be drawn up accordingly.
3. Plaintiff is entitled for refund of court fees, as per the rules.
4.Plaintiff is entitled to withdraw the amount of Rs.3,00,000/- deposited by defendant No.1, along with interest accrued thereon.
5. Summary Suit No. 377 of 2020 is disposed of accordingly.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 14-03-2023

SUMMONS FOR JUDGT/100001/2021

Registration Number: 100377/2020
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 104405/2020
Filing Date: 07-09-2020
First Hearing Date: 01st December 2020
Decision Date: 14th March 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE