Ajay 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. filed registered S/J 02/2021 @ 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.2/2021 is dismissed.
2. Defendants are allowed to defend the suit on the condition that they shall deposit amount of Rs.3,50,000/- within four weeks from today and file their written statement.
3. Costs in cause.
4. Summons for Judgment No.2/2021 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 07.08.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-08-2021

Date: 07-08-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 16.09.2021  for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 04-12-2021

Date: 04-12-2021
Business: None for plaintiff.
Adv for defendant present.
Matter is adjd to 22.12.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: None present.
Matter is adjd for Compliance to 11.03.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: P.O. is on Training
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: None for Plaintiff.
Adv. Mr. Ashraf Diamondwala for Defendant present and seeks time on the plea that settlement talks between the parties are going on.
The Order dated 24/03/2021 is not yet complied with.
Matter adj. to 16/07/2022 for Ex-parte Hearing.
Next Purpose: HEARING
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: Plaintiff present.
None for Defendant.
At the request of Plaintiff matter is kept back.
Later on :- at 12.10 p.m.
Adv. Ms. Neha Pandey for Plaintiff present.
Adv. Mr. Noorain Patel for Defendant present.
Both the Ld. Advocates submits that there are chance of amicable settlement.  Hence, refer to matter to Lok-Adalat scheduled on 13/08/2022.
Matter adjourned to 13/08/2022 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: Matter pertaining to C.R. No. 61
Adv. Shri Karan Chaudhari present alongwith Ajay Rastogi.
Adv. Shri Noorain Patel present on behalf of defendant.
On oral request of both counsels, matter adjourned before Regular Court on 30.08.2022.
Next Purpose: HEARING
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Adv. Neha Pande for Plaintiff present and submits that though defendant has deposited amount by order of this court dtd. 24.03.2021, however, defendant has not filed written statement.
None for Defendant. As a last chance to the defendant to time granted for filed written statement till next date.
Matter adjourned to 01/10/2022 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: Plaintiff present.
Adv.Neha Pandey h/f Adv.Ashok Saraogi for plaintiff present.
Adv. for defendant present.  He submits that DD in favour of plaintiff is prepared by the defendant.  However, as plaintiff could not be contacted, defendant had to cancel the said DD.
Ld.Adv. for plaintiff dispute said contention and submit that at no point of time any DD was received from the defendant.
Ld.Adv. for defendant submits that defendant has already deposited 50% amount before this court and remaining 50% amount will be paid to the plaintiff within 3 weeks.
In view of said submission matter be referred to the mediation.
Matter is adj to 21/10/2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 21-10-2022

Date: 21-10-2022
Business: Adv. for plaintiff present and submits that the mediation is still pending.
None for defendant.
Matter is adj to 05/01/2023 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 05-01-2023

Date: 05-01-2023
Business: Mediation report received. Mediation is failed. (Exh--)
Adv. for plaintiff present.
Adv.Mohammed Ammar i/b Diamondwala and Company for defendants present.
Both the Ld. Advocates submits that they need time for amicable settlement.  Time granted.
Matter is adj to 10/02/2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: Adv.Neha Pandey for plaintiff present.
At the request of advocate for plaintiff matter is kept back.
Later on at 4.21pm
Plaintiff and his Adv.Neha Pandey are present.
Representative of defendant No.1 is present and his Adv.Alfiya Diamondwala are present.
Both the Ld.Advocates seeks time for settlement. Time granted.
Matter is adj to 14/03/2023 for settlement.
Next Purpose: SETTLEMENT
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.Ajaykumar plaintiff 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-7.
The consent terms are verified from the parties present before the court.
Plaintiff submits that matter is amicaly settled in view of the terms of compromise.
In view of the same, I pass following order-
                     ORDER
1. Summary Suit No. 378 of 2020 is decreed in terms of consent terms Exh-7
2. Decree be drawn up accordingly.
3. Plaintiff is entitled for refund of court fees, as per the rules.
4. Summary Suit No. 378 of 2020 is disposed of accordingly.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 14-03-2023

SUMMONS FOR JUDGT/100002/2021

Registration Number: 100378/2020
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 104418/2020
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