M/S. Vighnaharta Infracon Pvt. Ltd.VsShri Vithal Babu Tate

Date: 30-12-2020
Business: By Precipe,
Matter pertains to C.R. No.14.
Adv.Jayshri Surve appeared for deft.
She filed VP for deft. t.o.r.
Matter already Adj for appearance to 08.02.2021.
Next Purpose: REPORT
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: By Precipee
 NOB.TOB.
Adv. Bhimrao Pawar for plff present and tendered draft Summons for Judgment along with affidavit.
O-Leave granted to register.
Adjd to 08.02.2021.
Next Purpose: REPORT
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: P.O. is on Leave
Next Purpose: REPORT
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: As P.O. is on 40 hrs Online Mediation Training for the
Judicial Officers scheduled to be held from 15th to 22nd March, 2021
Adjd to
Next Purpose: REPORT
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: In view of Office Order No. 8/21 only urgent matters is taken up. Hence, Board Discharge. Adj to 11-08-2021.
Next Purpose: REPORT
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Adv.Bhimrao Pawar for plaintiff present.
Adv.Mr.Ankit Sawant h/f.Adv.Yogini Ugale for defendant present.
Adv. of plaintiff filed service affidavit, Exh.3 t.o.r. O-filed.
Draft summary judgment filed by Adv. of plaintiff t.o.r.
O-Leave granted to register summary judgment.
Defendant submits that his leave to defend shall be considered as his reply to summary judgment. The plaintiff wants to file rejoinder.
Matter adjd to 28.08.2021 for filing rejoinder.
                                                                                               Judge
LO at 12.00 noon,
It is noticed that SJ is already registered , hence, no need to register it again. Today, the plaintiff has submitted the registered SJ No.08/21.
Matter adjd to 28.08.2021 for filing rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 28-08-2021

Date: 28-08-2021
Business: Adv.Bhimrao Pawar for plaintiff present.
None present for defendant.
The plaintiff filed reply to leave to defend and rejoinder to the reply of defendant to SJ, Exh.4 a/w. copies of the same for the defendant t.o.r. O-filed.
The defendant is absent.
     Mr.Ajit Kanhere, Advocate clerk for defendant obtained copies of reply cum rejoinder filed today by the plaintiff. Endorsement to that effect is made on the rejoinder.
Matter adjd to 18.09.2021 for hearing of SJ and leave to defend.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-09-2021

Date: 18-09-2021
Business: Adv.Bhimrao Powar for plaintiff present.
Adv.Ankit Sawant h/f.Adv.Yogini Ugale for defendant present.
Defendant wants to take instructions, hence, keep back.
LO at 12.29 pm,
Adv.Bhimrao Powar for plaintiff present.
Adv.Ankit Sawant h/f.Adv.Yogini Ugale for defendant present.
          The defendant submits that the defendant wants to file sur-rejoinder to the rejoinder filed by the plaintiff. He requested for time till next date. Time granted as last chance as SJ is pending for hearing. The defendant is directed to serve the copy of sur-rejoinder in advance to the plaintiff before next date. Hence, adjourned for filing sur-rejoinder by defendant and argument on SJ on 05.10.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Adv. Bhimrao A. Powar for plaintiff present.
Adv. Yogini Ugale for defendant present.
K.B. L.O. at 12.30 p.m.
Heard both parties on SJ No.08/21
Matter adjd to 20.10.2021 for Order on SJ No.7/21.
Next Purpose: ORDER
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Adv.Bhimrao Powar for plaintiff present.
Adv.Yogini Ugale for defendant present.
F.R.S.R. the following order is passed
ORDER ON SJ NO.08/21
1. Summons for Judgment No.08/2021 is dismissed.
2. Unconditional leave to defend is granted to the defendant.
3. Costs in cause.
Matter adjd to 16.11.2021 for written statement/admission and denial.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Plaintiff in person present.
Adv.Ankit Sawant h/f.Adv.Yogini Ugale for defendant present.
No separate written statement is filed by the defendant. Adjd for order against defendant on 07.12.2021.
                                                                                              Judge
LO at 01.47 pm,
Adv.Bhimrao Powar for plaintiff present.
Matter adjd for order against defendant on 07.12.2021.
Next Purpose: ORDER
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Adv.Bhimrao Powar for plaintiff present.
Adv.Yogini Ugale for defendant present.
The defendant filed draft notice of motion a/w. affidavit in support and written statement. Copies of same are furnished to the plaintiff. Endorsement to that effect is made.
O-Leave granted to register the notice of motion.
Matter adjd to 03.01.2022 for reply on NM.
Next Purpose: REPLY
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: Adv.Bhimrao Powar for plaintiff present.
Adv.Ankit Sawant i/b.Adv.Yogini Ugale for defendant present.
Defendant has not tendered original registered notice of motion,hence, adjourned to 15.01.2022 for Reply and hearing on NM.
Next Purpose: REPLY
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Business: None present for plaintiff.
Mr.Ajit Kanhere, Clerk of Adv.Yogini Ugale for defendant present. He filed  registered NM No.3176/2021 a/w. affidavit.
In view of SOP dated 06.01.2022, matter adjd to 02.02.2022 for reply and hearing on NM No.3176/21.
Next Purpose: REPLY
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: None present for plaintiff.
Adv. Yogini Ugale present for defendant.
Matter adjd to 21/02/2022 for reply in NM and hearing.
Next Purpose: REPLY
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: Mr.Ramdas Pote, representative of plaintiff present.
Adv.Ankit Sawant h/f.Adv.Yogini Ugale for defendant present.
Heard Adv.for defendant in NM 3176/21.
KB
LO at
Adv.Bhimrao Powar for the plaintiff present.
The plaintiff tendered handwritten reply in notice of motion No.3176/2021.
Heard Adv.for plaintiff in NM 3176/21.
F.R.S.R. FOLLOWING ORDER IS PASSED
ORDER
1. Notice of Motion No.3176 of 2021 is allowed.
2. The delay in filing written statement is condoned.
3. The defendant is allowed to file written statement. Written statement filed by the defendant is taken on record.
4. Notice of Motion No.3176 of 2021 is disposed of accordingly.
Written statement filed by the defendant is taken on record and marked as Exh.5.
Matter adjd to 11.03.2022 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: Adv.Bhimrao Powar for plaintiff present.
None present for defendant.
On oral request of plaintiff, adjd for admission and denial. The defendant is absent. No admission and denial of the defendant.
Matter adjd to 01.04.2022 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Adv.Bhimrao Powar for plaintiff present.
None present for defendant.
On oral request of plaintiff last chance is granted.
Matter adjd to 04.05.2022 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: None present for plaintiff.
None present for defendant.
KB
L.O. at 12.04 p.m.
Plaintiff in person present.
Adv. Mr. Ankit Sawant for the defendant is present.
The plaintiff tendered affidavit of admission and denial. t.o.r. and marked as exh.6. Copy of same is furnished to the defendant.
Matter adjd to 18.06.2022 for issues and CMH.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-06-2022

Date: 18-06-2022
Business: Adv.Bhimrao Pawar of plaintiff present.
Adv. Sawant for defendant present.
Both parties seek time for filing draft issues.
Adjourned to 18.07.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Adv. Bhimrao Pawar Present for Plff.
Adv. Yogini Ugale Present for Deft.
Ex.07. - Adv of deft has filed statement of admission and denial.
Ex.08.- Adv of plff filed draft issues.
Ex.09 - Issues framed.
Heard adv of both parties on case management schedule. Fixed CMS  as under.
On or before
Business.
10/08/2022 to 12/09/2022
Evidence of witnesses of plff. ( Chief and Cross examination)
12/09/2022 to 12/10/2022
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days from 12/10/2022
Arguments
Adj. For Evidence on 10/08/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: None Present for Plff.
Adv. Yogini Ugale Present for Deft.
KB LO. 12.15.
Adv. Bhimrao Pawar Present for Plff.
Adv. Sawant h/f Adv. Yogini Ugale Present for Deft.
Ex.10 - Adv of plff filed statement of truth. Read and recorded. Otherside received copy of statement of truth.
Adv of deft seeks time to file statement of truth. Granted as a last chance.
Adv of both parties contended that matter be fixed on 29/08/2022.
Adj. For Statement of truth by deft and Evidence of plff on 29/08/2022.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Adv. Bhimrao Pawar Present for Plff.
Adv. Ankit Sawant h/f Adv. Yogini Ugale Present for Deft.
Representative/Directer of plff namely Mr.Ramdas P. Pote
Ex.11 – Adv of plff filed application for withdrawal of the suit. Call say of otherside.
Adv of deft has given say overleaf the application.
Heard adv of both parties on Ex.11. Representative of plff contended that, contains of withdrawal application (Ex.11) are correct and it bears his signature. He contended that he want to withdraw suit as the matter settled between parties out of Court.
Adv of deft contended that the statement made by plff that deft is willing to pay balance amount is wrong.
Adv of plff contended that plff only seeking simple withdrawal of the suit. Thus following order is passed.
1. Suit stands withdrawn.
2. Court fee be returned as per rule.
Nature Of Disposal: WITHDRAWL
Disposal Date: 29-08-2022

NOTICE OF MOTION/103176/2021
SUMMONS FOR JUDGT/100008/2021

Registration Number: 100855/2021
Transfer Date: 28-05-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Filing Number: 105241/2020
Filing Date: 26-10-2020
First Hearing Date: 30th December 2020
Decision Date: 29th August 2022
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE