Mrs. Shilpa Anil Bhingarde (Suit St. No. 4094/VsDeraiya Realitors Pvt Ltd

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. Matter is adjd. to 19.10.2020 for filing reply on Chamber Summons
Next Purpose: C/S REPLY
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Business: Adv. Mr. Rajesh Dharap for the plff present.
Adv. Ms. Prit Chawla h/f Adv. Gandhi for deft no. 1 present and she filed adjournment application. t.o.r. O-Other side to say.
Adv for the plff has filed say on itself. t.o.r. O-Time granted as a last chance.
Matter is adjd. To 26.10.2020 for NM hearing/ reply.
Next Purpose: C/S REPLY
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Business: Adv. Mr. Rajesh Dharap for the plff present.
Adv. Mr. Kaustub Patil h.f P. D. Gandhi for deft-1 present and he filed reply to Ch/s No. 554/2020. t.o.r.
By consent matter is adjd. to 6.11.2020 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Business: Adv. Mr. Rajesh Dharap for the plff present.
Adv. Ms. Prit Chawla h/f P. D. Gandhi for defendant No. 1 present.
Heard arguments of both the sides on the Ch/s No. 554/2020.
Matter is adjd. to 12.11.2020 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Business: dv. Mr. Rajesh Dharap for the Plaintiff present.
Advocate Ms. Chawda h/f Advocate Mr. Gandhy for the defendant Nos.1 and 2 present.
F.R.S.R., the following order is passed.
                        ORDER
1. The Chamber Summons No.554 of 2020 is made absolute.
2. The defendant No. 1 shall produce a true copy of letter dated 22.09.2016 as referred in the Chamber Summons on record and supply its copy to the plaintiff on or before next date.
3.The Chamber Summons No. 554 of 2020 stands disposed of accordingly.
Advocate to plaintiff directed to register suit.
Matter is adjd. to 7.12.2020 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 12-11-2020

Filing Number: 104770/2020
Filing Date: 03-10-2020
First Hearing Date: 03rd October 2020
Decision Date: 12th November 2020
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE