Manda wd/o. Late Vikas Adararkar +1 moreVsThe Manager +1 more

Date: 12-10-2021
Business: Advocate for plaintiff present.
As court is busy in taking evidence in SU No.7165/01 and hearing
final argument in SU No.3002/04 stands adjourned to 21.12.2021 for
directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: Matter called out at 12.25 p.m.
Adv. Deepak Tiwari for plaintiff present.
None present for defendant.
Issue writ of summons.
Matter stands adjourned to 22.03.2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-03-2022

Date: 22-03-2022
Business: Matter called out at 12.52 p.m.
None present for plaintiff.
Adv. P. S. Gole for Deft. No.1 present. He tendered VP. TOR. Exh.5.
Matter stands adjourned to 05.07.2022 for WS.
Later on at 1.27 p.m.
Adv. Sunil Tiwari for plaintiff present.
Already adjourned to 05.07.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: None present for plaintiff and Deft. no.1.
Defendant No.2 a/w Adv. Parkar present. He tendered VP. TOR. Exh.6.
Matter stands adjourned to 25.07.2022 for WS.
Later on mentioned at 12.17 p.m.
Adv. Deepak Tiwari for plaintiff present. He tendered draft NM a/w
affidavit in support.
O-leave granted to register.
Draft NM handed over to the plaintiff for registration.
Already adjourned to 25.07.2022.
later on
Adv. Pritiviraj Gole for Deft. no.1 present.
Already adjourned to 25.07.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: None present for plaintiff.
Deft. no.2 a/w Adv. P. G. Parkar present. He tendered WS. TOR. Exh.07.
Kept back in the afternoon session.
Later on at 12.07 p.m.
Adv. Sunil Tiwari for plaintiff present.  He tendered reg. NM No.2592/2022. TOR. Copy served to Deft. no.2.
Adv. P. G. Parkar for Deft. no.2 present. He served copy of WS to the plaintiff.
He also tendered pursis to treat WS as reply to NM No.2592/2022. TOR. Exh.08.
Matter stands adjourned to 16.09.2022 for NM hearing.
Later on mentioned at 12.42 p.m.
Adv. Prithviraj Gole for Deft. no.1 present. He is seeking time to file W S
and reply to NM. Time granted.
Already adjourned to 16.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Adv. Prithviraj Gole for Deft. no.1 present. He tendered draft NM a/w affidavit in support and WS. TOR.
O-leave granted for register.
Copy served to Deft. no.2
Draft NM handed over to the Deft. no.1 for registration.
Deft. no.2 a/w Adv. Parkar present.
None present for plaintiff.
Matter stands adjourned to 28.11.2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: Adv. Parkar for Deft. no.2 present.
None present for plaintiff.
Matter stands adjourned to 13.02.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: Adv. Sunil Tiwari for plaintiff present.
Adv. Prithviraj Gole for defendant No.1 and 3 present. He tendered registered NM No.4131/22. TOR.
Matter stands adjourned on 10.04.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Adv. Sunil Tiwari for plaintiff present. He tendered reply. TOR.
Adv. Vineet Parkar h/f Adv. P. G. Parkar for defendant No.2 present.
Heard advocate of plaintiff on NM No.4131/2022.
Perused the reply in Para No.8, the plaintiff has tendered no objection for condonation of delay and allowing defendant No.1 to file WS. Hence, I proceed to pass following order.
ORDER
1. NM No.4131/2022 is hereby allowed
2. Delay stands condoned.
3. The WS already tendered be exhibited.
4. Notice of Motion be disposed off accordingly.
WS of defendant No.1 is marked as Exh-09.
The defendant No.1 and 2 are directed to tender affidavit in support to WS as per Order-06 Rule-15 Sub Rule-04 of CPC.
Matter stands adjourned on 23.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Business: As Court is on leave, matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2023

Date: 23-10-2023
Business: None present for Plaintiff.
Adv present for Defendant no.2.
Matter stands adjourned on 11-01-2024 for hearing on NM 2592/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: Advocate Sunil Tiwari for Plaintiff present.
Advocate P. G. Parkar along with defendant no. 2 present.
Matter stands adjourned on 26-02-2024 for NM hearing.
Later on at 3.45 pm.
Advocate Prithviraj for defendant no. 1 present.
Matter stands adjourned on 26-02-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: None for Plaintiff present.
Advocate P. Gole for defendant no. 1 present.
Advocate Palkar for defendant no. 2 present.
Defendant no. 2 present.
Matter stands adjourned on 03-04-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. A. Patel for Plaintiff present and seeking time.
None for defendant no 1
Adv. Parkar for defendant no. 2 present and filed affidavit in support of W.S. of defendant no.2. Taken On Record.
Matter stands adjourned on 25-06-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: None for Plaintiff.
None for defendant.
Matter stands adjourned on 02.09.2024 for NM hearing.
Later on 3.40 p.m.
Adv. Harsh Joshi i/b. S. K. Legal for defendant no.1 present.
Matter already adjourned on 02.09.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2024

Date: 02-09-2024
Business: Adv. Sunil Tiwari for Plaintiff present.
Adv. Parkar along with defendant no. 2 present.
Matter already adjourned on 09-10-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: Adv. Amin Patel  for Plaintiff present.
Adv. Gole for defendant no.1 present.
Adv. Parkar along with defendant no.2 present.
Kept Back. Latter on. Adv. for plaintiff has filed application for adjournment. t.o.r. and marked as Exh.9.  O - Other side to say.
Defendants has filed say.
O- Perused the application and say. Already the last chance was granted for hearing in the month of August. Despite of the same today the plaintiff is again seeking adjournment. The adjournment is granted as strictly last chance with specific direction if the plaintiff will not argue on NM on next date, it will be decided without hearing and also by considering his pleading as argument.
Matter stands adjourned on 13-11-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-11-2024

Date: 13-11-2024
Business: Adv. Sunil Tiwari  for Plaintiff present.
Adv. Parkar along with defendant No.2 present and filed written arguments.
Adv. Prithviraj Gole for defendant No.1 present.
Heard arguments on NM No. 2592/22 of both sides.
Matter stands adjourned on 07-12-2024 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-12-2024

Date: 07-12-2024
Business: Advocate Sumeet Tiwari along with Plaintiff present.
Advocate Vineet Parkar along with defendant No.2 present.
Due to paucity of time, matter stands adjourned.
Matter stands adjourned on 06.01.2025 for Notice of Motion order.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-01-2025

Date: 06-01-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for Plaintiff present.
Adv. Parkar along with defendant No.2 present.
F.R.S.R following order is passed on Notice of Motion No. 2592 of 2022.
Order
1.  The Notice of Motion No. 2592 of 2022 is partly allowed.
2.  The defendant No. 1, its servants, agents and Representatives be temporarily restrained from crediting / disbursing the amount of deceased lying with the branch at Mahim Mumbai in the account of plaintiffs as well as the defendant No.2 in respect  of  saving  account Number 1053012000004 and in fixed account Number 1053401002937 belongs to the deceased.
3. No order as to Costs.
4. The Notice of Motion No. 2592 of 2022 stands disposed of accordingly.
Matter stands adjourned on 02-04-2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-04-2025

Date: 02-04-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for Plaintiff present.
Advocate P. G. Parkar for defendant present and filed draft issues. t.o.r.
Matter stands adjourned on 21-07-2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-07-2025

Date: 21-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None for Plaintiff present.
Advocate Parkar for defendant No.2 present. Draft issues filed by defendant No. 2 previously now marked at Exh.10.
The plaintiffs plead that they are entitled to claim an amount of Rs. 17,00,000/- approximately lying with defendant No. 1 being successor of Mr. Vikas Adarkar. Mr. Vikas Adarkar has also executed will deed in favour of plaintiff No.1. No probate certificate is filed on record. Moreover, plaintiffs do not pray that such amount be paid to them. They have prayed for injunction only. In such case, it seems that the plaint is not maintainable for want of such prayer. Therefore the plaintiff to explain why plaint shall not be rejected.
Meantime, considering the nature of the dispute matter is referred for Mediation.
Matter stands adjourned to 07-11-2025 for mediation
report/compliance.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 07-11-2025

Date: 07-11-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate Sunil for Plaintiff present.
Advocate Parkar for defendant present No.2.
Plaintiff No.1, 2 and defendant No.2 present in person. The report of mediator is received. Marked at Exh-11. Report complete with the consent terms marked at Exh-12. Both parties present admit contents of of consent terms at Exh-12 and their signatures there upon to be voluntarily made. Accordingly, consent terms at Exh-12 are taken on record. Plaintiffs also filed pursis at Exh-13 to withdraw suit against defendant No.1.  Accordingly, suit stands disposed off in terms of consent terms at Exh-12. Decree be prepared. Court fees be refunded as per rule.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 07-11-2025

NOTICE OF MOTION/102592/2022
NOTICE OF MOTION/104131/2022

Filing Number: 104540/2020
Filing Date: 15-09-2020
First Hearing Date: 12th October 2021
Decision Date: 07th November 2025
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE