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NOTICE OF MOTION

Majestic Construction And Developers abd Anr.VsM/s. DKP Designers And Creators Pvt. Ltd.

CNR MHCC0100435620201-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHERWISE
Decision Date: 12th November 2020

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101409/2020
Registration Date
06 Oct 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 07-10-2020
    Business: Adv. Dharmesh Joshi for plaintiff present.
    Adv. Nilima for defts. present.
    She files vakalatnama on behalf of deft. nos.2 to 11. T.O.R.  O. - Seen and filed.
    Pursis filed on behalf of defendants opposing the Commissioner\''s report.
    O. - Seen and filed.
    Ld. counsel for plaintiff tenders no objection on Commissioner\''s report.
    Ld. counsel for plaintiff tendered registered N/M No.1409/20.  T.O.R.
    The matter is adjd for hearing to 16.10.2020.
    Next Purpose: HEARING
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Business: Adv.Mr.Dharmesh Joshi for plff. present.
    Adv.Mr.Sachin Punde for Defendant no.1 present.
    Adv.Ms.Nilima Sarvagod h/f.adv.Mr.Omkar Warange for Defendant nos.2 to 11 present.
    Draft N/m. tendered by Adv. for plff.
    Leave is granted to register.
    The Ld.counsel for plff. undertakes to serve the contempt N/m. to the defts.
    Ld. counsel for deft seeks time to file reply to N/m. no.
    1329/2020,.  Ld. Counsel for deft submitted that deft no.1 has filed reply to the N/m.no.1409/2020 and seeks time to file reply on behalf of rest of the defts.
    Matter is adjd. to 21.10.2020 for reply and hearing on N/m.nos.1329/2020 and 1409/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Business: Adv. Mr. Giriraj for plaintiff present.
    Adv. Mr. Sachin Punde for deft. no.1 present.
    Adv. Ms. Nilima h/f. Adv. Mr. Omkar Warange for deft. nos.2 to 11 present.
    Adv. for deft. no.1 filed affidavit in reply to N/M no.1329/20.  T.O.R.
    Pursis filed by counsel for deft. nos.2 to 11 adopting the reply of deft. no.1 to the N/M no.1409/20 and separate pursis is also filed adopting the reply of deft. no.1 to the N/M no.1329/20.  T.O.R.  O. - Seen and filed.
    The matter is adjd for hearing to 23.10.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Business: Adv. Mr. Giriraj for plaintiff present.
    Adv. Mr. Sachin Punde for deft. no.1 present.
    Adv. Ms. Nilima h/f. Adv. Mr. Omkar Warange for deft. nos.2 to 11 present.
    Argument of Adv. for plaintiff on N/M No.1409/20 and N/M no.1329/20 completed.  He handed over the copy of  contempt N/M to the counsel for deft. nos.2 to 11.  She submits that it is required to be served to the concerned defendants.  Ld. Counsel for plaintiff submitted that already through official email of the company, service was made to defendants and at the office, the defendants are not accepting the service.  He submitted that affidavit to that effect would be filed on next date.
    The matter is adjd for arguments of defts. on N/M no.1409/20 and N/M No.1329/20, for the reply of defts. on contempt N/M and hearing to 26.10.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: Adv. Mr. Giriraj for plaintiff present.
    Adv. Mr. Sachin Punde for deft. no.1 present.
    Adv. Ms. Nilima h/f. Adv. Mr. Omkar Warange for deft. nos.2 to 11 present.
    Affidavit of service in respect of contempt N/M tendered by plaintiff. T.O.R.
    Reply to contempt N/M tendered by Adv. for deft. no.1.  T.O.R.
    Adv. for deft. nos.2 to 11 seeks time to file reply to contempt N/M.  Granted.
    The matter is adjd for reply to contempt N/M by deft. nos.2 to 11 and hearing on N/M to 27.10.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Business: Ld Adv. Giriraj for plaintiff present.
    Ld. adv. Punde for defendant no.1 present
    Ld. adv. Neelima for defendant nos. 2 to 11 present
    Defendant no.3 present
    The parties are contemplating for amicable settlement on following issues:-
    1. For carrying out joint measurement upto 12th floor slab
    in the presence of their respective engineers at about 10.30 am on 28/10/2020.
    2. If parties arrived at an agreement as regard the measurement, will try to settle the accounts including the payment of Govt. dues.
    3. The parties also agreed that they will sit for identification and return of the machineries of the plaintiff at the site.
    4. At the time of visit of the site, the plaintiff and his representative alongwith his advocate will be permitted to enter the site.
    The matter is adjd for settlement to 29.10.2020.
    Authenticated copy of the order be supplied to both the parties.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Business: Ld Adv. Giriraj for plaintiff present.
    Ld. adv. Punde for defendant no.1 present
    Ld. adv.Omkar Warange for defendant nos. 2 to 11 present
    Parties are contemplating for settlement.  The matter is adjd to settlement/hearing to 02/11/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Business: Adv. Mr. Giriraj along with Adv. Joshi for plaintiff present.
    Adv. Mr. Sachin Punde for deft. no.1 present.
    Adv. Mr. Omkar Warange for deft. nos.2 to 11 present.
    Heard Ld. Counsel for plaintiff and defts. on N/M No.1409/20 and N/M No.1329/20.
    The matter is adjd for order on N/M No.1409/20 and N/M No.1329/20 to 09.11.2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 10/11/2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Business: Adv. Kaustubh Patil h/f. Adv. Giriraj for plaintiff present.
    Adv. Punde for deft. no.1 present
    Adv. Neelima for deft. nos.2 to 11 present
    Partly dictated.
    As Court is busy in hearing arguments on N/M in Stamp Nos.4532/20, 4536/20 and 4378/20 and as Court time is over, the matter is adjd for order to 12.11.2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-11-2020
    
    Date: 12-11-2020
    Business: Adv. Chawla for plaintiff present.
    Adv. Punde for deft. no.1 present.
    F.R.S.R. following common order is passed :
    ORDER
    1.   N/M No.1329/2020 and N/M No.1409/2020 stands rejected.
    2.    Costs in the cause.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 12-11-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 104836/2020
    Filing Date: 06-10-2020
    First Hearing Date: 07th October 2020
    Decision Date: 12th November 2020
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    12 Nov 2020

    Order Details: Notice of Motion Pdf Text: :1: IN THE COURT OF COURT 1 ADDL SESSIONS JUDGE AT Mumbai,Mumbai Presided Over by HHJ SHRI. M. S. AZMI NOTICE OF MOTION NO.1329 OF 2020 AND NOTICE OF MOTION NO.1409 OF 2020 IN SUIT ST. NO.4101 OF 2020 1. Majestic Construction & Developers, a sole proprietary Concern 2. Mr.Lalit Setia, Sole proprietor of Plaintiff no.1 Both having their address at 401, Atharva Building, V.B. Phadke Marg, Mulund(E), Mumbai 400 081. ..Plaintiffs Versus…

    Read Full Order

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