Shri. Milind Sharadchandra BhadsavleVsSmt. Hemaben Gala (Chairman)

Date: 02-05-2019
Business: None present for Plaintiff.
Plaintiff is directed to file affidavit of service of writ of summons.
Case is adjourned to 22/08/2019 for Service.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: Court is busy in hearing NM in suit no.4935/12 and court has to dictate order on NM in suit no.2447/18, case is adjourned to 17/10/2019.
Advocate Lalit Satam for Plaintiff present and filed affidavit of service and registered Notice of Motion no.1714/2019 with affidavit in support, t.o.r.
Advocate Sachhinand Singh for Defendant no.1 and 2 present
Advocate Abhishek Singh for Defendant no.4 present and filed vakalatnama, t.o.r.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Advocate Satam for Plaintiff present
Advocate for Defendant no.1 and 2 present and filed reply to NM no.1714/19, t.o.r. He also filed vakalatnama for Defendant no.1 and 2 t.o.r.  Vakalatnama is marked as Exh.3.
Advocate Singh for Defendant no.4 present
Case is adjourned to 20/12/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: Advocate Mr. A. M. Khandekar for Plaintiff present.
Advocate Mr. Jitendra Tiwari for Defendant no.4 present and filed reply to Notice of Motion, t.o.r.  Advocate for Defendant no.4 filed draft Notice of Motion with affidavit in support of Notice of Motion for condonation of delay caused in filing Written Statement by Defendant no.4.  Leave to register Notice of Motion is granted.  Copy served upon Plaintiff\''s advocate.
Advocate Mr. S. H. Singh for Defendant no.1 and 2 present and submitted that Written Statement of Defendant no.1 and 2 but it could not be affirmed due to death of father of Defendant no.1 therefore, on next date those Defendants will take out Notice of Motion for condoning the delay.
Case is adjourned to 10/02/2020 for reply to Notice of Motion taken out by Defendant no.4.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2020

Date: 20-12-2019
Business: Advocate Mr. A. M. Khandekar for Plaintiff present.
Advocate Mr. Jitendra Tiwari for Defendant no.4 present and filed reply to Notice of Motion, t.o.r.  Advocate for Defendant no.4 filed draft Notice of Motion with affidavit in support of Notice of Motion for condonation of delay caused in filing Written Statement by Defendant no.4.  Leave to register Notice of Motion is granted.  Copy served upon Plaintiff\''s advocate.
Advocate Mr. S. H. Singh for Defendant no.1 and 2 present and submitted that Written Statement of Defendant no.1 and 2 but it could not be affirmed due to death of father of Defendant no.1 therefore, on next date those Defendants will take out Notice of Motion for condoning the delay.
Case is adjourned to 10/02/2020 for reply to Notice of Motion taken out by Defendant no.4.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Advocate for Plaintiff present
Adv Mr. Tiwari for Defendant no.4 present and filed registered Notice of Motion no.666/20 with affidavit in support, t.o.r.
Advocate Sachidanand Singh for Defendant no.1 to 3 present and filed vakalatnama for Defendant no.3 t.o.r. He also filed draft Notice of Motion with affidavit in support of Notice of Motion.  Leave to register Notice of Motion is granted.  Copy of Notice of Motion be served upon other side.
       Plaintiff\''s advocate submitted that Plaintiff is not intending to file reply to Notice of Motion no.666/20 filed by Defendant no.4 and draft Notice of Motion taken out by Defendant no.1 to 3.  Plaintiff\''s advocate further submitted that the delay caused in filing Written Statements by Defendants may be condoned subject to some cost amount. Considering submissions made by advocate for Plaintiff and considering the grounds mentioned in affidavits  filed in support of Notice of Motions, taken out by Defendants I proceed to pass following order-
                                    ORDER
1. Notice of Motion  no.666/2020 is made absolute in terms of prayer clause (a) and (b), subject to cost of Rs.1000/- to be paid by Defendant no.4 to Plaintiff.
2. Draft Notice of Motion taken out by Defendant no.1 to 3 today is made absolute in terms of prayer clause (a) and (b), subject to cost of Rs.2000/- to be paid by Defendant no.1 to 3 to Plaintiff.
3. Notice of Motion no.666/2020 stands disposed off accordingly and draft Notice of Motion taken out Defendant nos.1 to 3 also stands disposed off accordingly. It be registered for statistical purpose.
Both learned advocates submitted that Notice of Motion no.1714/19 will be argued on 12/02/2020.  It is made clear that, if on next date, Defendants will not argue NM court will be compelled to hear Plaintiff\''s argument and disposed it of.
Case is adjourned to 12/02/2020 for compliance of the order passed today by Defendants and for filing Written Statement by them.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Advocate A. M. Khandekar for Plaintiffs present
Advocate Mr. Sachhinand Singh for Defendant no.1 and 2 present and filed Written Statement for Defendant no.1 and 2. As cost amount of Rs.2000/- is paid by Defendant nos.1 and 2 to Plaintiff for compliance of order passed in draft NM, Written Statement of Defendant no.1 and 2 t.o.r. and marked as Exh.5.
Advocate Joe Eappen for Defendant no.4 present and filed Written Statement for Defendant no.4.  As cost amount of Rs.1000/- is paid by Defendant no.4 to Plaintiff for compliance of order passed in NM no.666/19, Written Statement of Defendant no.4 t.o.r. and marked as Exh.6.
Defendant no.3 filed pursis for adopting Written Statement filed by Defendant no.1 and 2, t.o.r.
Advocate for Defendant no.4 submitted that Plaintiffs have sought documents like partnership deed of Defendant no.4 firm, project report related to redevelopment of the society and feasibility report of the society in relation to the FSI, TDR available as per the DC rules applicable as on today and 3 years balance sheet of Defendant no.4 firm.  It is submitted that Defendant no.4 firm is newly established for particular redevelopment of Plaintiff\''s society hence Defendant no.4 has no balance sheet of last 3 years.  It is submitted that Defendant no.4 is ready to give 3 documents sought by Plaintiffs and also documents related to concluded projects by the partners of Defendant no.4. Considering submissions, I find that there is possibility of settlement between the parties and therefore I find that no harm will be caused to any of the parties, if argument about NM will be heard on next date, hence adjourned for settlement/NM hearing.
Case is adjourned to 19/03/2020 for settlement/NM hearing.
Next Purpose: SETTLEMENT
Next Hearing Date: 19-03-2020

Date: 12-02-2020
Business: Advocate A. M. Khandekar for Plaintiffs present
Advocate Mr. Sachhinand Singh for Defendant no.1 and 2 present and filed Written Statement for Defendant no.1 and 2. As cost amount of Rs.2000/- is paid by Defendant nos.1 and 2 to Plaintiff for compliance of order passed in draft NM, Written Statement of Defendant no.1 and 2 t.o.r. and marked as Exh.5.
Advocate Joe Eappen for Defendant no.4 present and filed Written Statement for Defendant no.4.  As cost amount of Rs.1000/- is paid by Defendant no.4 to Plaintiff for compliance of order passed in NM no.666/19, Written Statement of Defendant no.4 t.o.r. and marked as Exh.6.
Defendant no.3 filed pursis for adopting Written Statement filed by Defendant no.1 and 2, t.o.r.
Advocate for Defendant no.4 submitted that Plaintiffs have sought documents like partnership deed of Defendant no.4 firm, project report related to redevelopment of the society and feasibility report of the society in relation to the FSI, TDR available as per the DC rules applicable as on today and 3 years balance sheet of Defendant no.4 firm.  It is submitted that Defendant no.4 firm is newly established for particular redevelopment of Plaintiff\''s society hence Defendant no.4 has no balance sheet of last 3 years.  It is submitted that Defendant no.4 is ready to give 3 documents sought by Plaintiffs and also documents related to concluded projects by the partners of Defendant no.4. Considering submissions, I find that there is possibility of settlement between the parties and therefore I find that no harm will be caused to any of the parties, if argument about NM will be heard on next date, hence adjourned for settlement/NM hearing.
Case is adjourned to 19/03/2020 for settlement/NM hearing.
Next Purpose: SETTLEMENT
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: Adv. present for Plaintiff.
None present for Defendant.
In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard.
Case is adjourned to 29/04/2020 for filing settlement terms.
Next Purpose: SETTLEMENT
Next Hearing Date: 29-04-2020

Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SETTLEMENT
Next Hearing Date: 20-05-2020

Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SETTLEMENT
Next Hearing Date: 20-05-2020

Date: 20-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: SETTLEMENT
Next Hearing Date: 08-06-2020

Date: 20-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: SETTLEMENT
Next Hearing Date: 08-06-2020

Date: 08-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 03/08/2020.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-08-2020

Date: 08-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 03/08/2020.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-08-2020

Date: 03-08-2020
Business: Adjd. to 24.09.2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 24-09-2020

Date: 03-08-2020
Business: Adjd. to 24.09.2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Business: None present for Plaintiff.
None present for defendant.
Due to Covid-19, it seems that parties not turned to the court, hence adjourned to 17/12/2020.
Next Purpose: SETTLEMENT
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: Plaintiff no.2 present.
None present for Plaintiff no.1 and 3.
None present for Defendants.
It seems that due to Corona pandemic, no one is present for defendants, hence case is adjourned to 15/03/2021 for settlement / NM hearing.
Next Purpose: SETTLEMENT
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Adv Ms. Sushma Patil h/f Adv Ms. Lalita Satam for plffs present and mentioned the matter in the morning session. Adv for plff submitted that deft No.4 has not supplied the copies of documents as per the statement made on 12.02.2020 and recorded in the roznama of that date. She is ready to issue notice to deft No.4 to comply with the said statement dt. 12.02.2020.
Matter is on the board of afternoon session.
K.B.
L.O. a 5.45 p.m.
None present for deft.
Matter is adjd. for settlement to 15.04.2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 12-07-2021

Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: Adv Mr. Abhijit Sawant h/f Adv Ms. Lalita Satam for plff present and seeks adjournment.
None present for defendants.
As nobody is present for the deft, on request of adv. for plff, considering present pandemic condition and SOP issued by Hon’ble High Court, matter is adjourned at same stage till next date.
Matter is adjd. for NM hearing to 30.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: Adv. Mr. Khandekar for plff present.
Deft Nos.3 and 4 present.
Adv. Mr. S.S. Singh for deft Nos.1 to 3 present.
Adv. Mr. Abhishek Singh for deft No.4 present and filed documents with list Exh.8 as per the statement recorded in roznama dt.12.02.2020.
Copies of those documents are given today to the ld advocate for the plff. Adv. for the plff seeks time to make submissions in the NM by going through those documents.
By consent, matter is adjd. for NM hearing to 08.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: Adv Ms. Lalita Satam for plff Nos.1 to 3 present and filed draft ch/s along with affidavit in support for amendment of plaint and adding the respondent as deft No.5. O- Leave to register is granted with direction to serve the defts and respondent.
Adv Mr. S.H. Singh for deft.Nos.1 to 3  present
Adv Mr. Sandip Singh for deft No.4 present.
Adv. for defts seeks time to  file reply.
By consent, matter is adjd. for Ch/s service and reply to 20.12.2021.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Court is on Leave.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per Office Order No. 27/2022, holiday declared hence, matter adjourned
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 18-04-2022

Date: 07-02-2022
Business: As per Office Order No. 27/2022, holiday declared hence, matter adjourned
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: Adv Mr. Parkar present for plff. and tendered registered Ch/s No.1563/2021 along with affidavit in support. He also filed affidavit of service in said Ch/s.
Adv Mr. Dharam Shamra appeared and filed vakalatnama on behalf of deft No.1 to 3 at Exh.9 and seeks time to file reply to Ch/s No.1563/2021.
By consent, matter is adjd. for Ch/s reply to 17.06.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: Court is on Leave.
Next Purpose: C/S REPLY
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: Adv.Parkar for plaintiff present.
Adv.Choudhari for defendant No.1 to 3 present. He submits that copy of chamber summons received but some pages are missing. The Ld.Adv.for the pltff is ready to provide copy today itself. It be complied accordingly.
Matter adjd to 13.09.2022 for ch/s reply and hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 13-09-2022

Date: 20-07-2022
Business: Adv.Parkar for plaintiff present.
Adv.Choudhari for defendant No.1 to 3 present. He submits that copy of chamber summons received but some pages are missing. The Ld.Adv.for the pltff is ready to provide copy today itself. It be complied accordingly.
Matter adjd to 13.09.2022 for ch/s reply and hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Adv.Lalita Satham for plaintiff present.
None present for deft.
Read the last roznama. Adv.for plaintiff submits that copy of chamber summons is received by the defendant.  No reply filed by the defendants.
Matter adjd to 15.11.2022 for ch/s. hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: Adv. Lalita Satam for plaintiff present.
Adv. Uma Sharma for defendant no. 3 present.
As court is busy in dictating Judgement in Suit no. 8606 of 1993 & suit no. 705 of 2017 and Order in E.A. no. 551 of 1999 hence for want of time.
Matter adjd to  11-01-2023 for C/S Hrg.
.Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: None present for plaintiff.
Adv.Sachin Choudhari i/b.Dharam and Co. for deft. No.3 present. He submits that administrator has been apointed and therefore plaintiff is requeired to take necessary steps to add administraror as a party. The palinti to note and comply as per the requirement.
Matter adjd to 13.03.2023 for ch/s. reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: Adv.Lalita Satham for plaintiff nos.1 to 3 present.
Adv.Sachin Choudhari defendant No.3 present.
Matter adj. to 15.06.2023 for service of defendant No.3.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-06-2023

Date: 13-03-2023
Business: Adv.Lalita Satham for plaintiff nos.1 to 3 present.
Adv.Sachin Choudhari defendant No.3 present.
Matter adj. to 15.06.2023 for service of defendant No.3.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: None for plaintiff
None for defendant
Matter is adjd.to 18-08-2023 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 13-09-2023

Date: 18-08-2023
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Adv. Lalita Satam for plaintiff present.
Adv. Sonal Darbar for defendant no. 3 present and filed vakalatnma t.o.r. marked as Exh.11
Matter is adjd.to 25-10-2023 for C/S Hrg.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Adv. Lalita Satam for plaintiff present.
Adv. Sonal Darbar for defendant no. 3 present.
With consent of both sides matter is adjourned to 19-12-2023.
Matter is adjd.to 19-12-2023 for C/S Hrg.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: None for plaintiff.
None for defendant
Matter is adjourned to 12-02-2024 for C/S Hrg.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: None for plaintiff.
None for defendant
Matter is adjourned to 18-03-2024 for C/S Hrg.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: None for plaintiff.
None for defendant
Matter is adjourned to 20-04-2024 for C/S Hrg.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: Court is on leave.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 11-06-2024

Date: 20-04-2024
Business: Court is on leave.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 11-06-2024

Date: 11-06-2024
Business: None for plaintiff.
None for defendant
Matter is adjourned to 23-08-2024 for C/S Hrg.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Next Purpose: C/S  HEARING
Next Hearing Date: 08-10-2024

Date: 23-08-2024
Next Purpose: C/S  HEARING
Next Hearing Date: 08-10-2024

Date: 08-10-2024
Business: Adv. Lalita Satam for plaintiff present.
Adv. Sundas Ansari  for defendant no. 3  present.
Matter is adjourned to 30.11.2024 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-11-2024

Date: 08-10-2024
Business: Adv. Lalita Satam for plaintiff present.
Adv. Sundas Ansari  for defendant no. 3  present.
Matter is adjourned to 30.11.2024 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-11-2024

Date: 30-11-2024
Business: None for plaintiff present.
None for defendant.
Matter is adjourned to 15-01-2025 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-01-2025

Date: 30-11-2024
Business: None for plaintiff present.
None for defendant.
Matter is adjourned to 15-01-2025 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-01-2025

Date: 15-01-2025
Business: None for plaintiff present.
None for defendant.
Matter is adjourned to 26-03-2025 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-03-2025

Date: 15-01-2025
Business: None for plaintiff present.
None for defendant.
Matter is adjourned to 26-03-2025 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-03-2025

Date: 26-03-2025
Business: None for plaintiff present.
None for defendant.
Matter is adjourned to 25-06-2025 for C/S hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-06-2025

Date: 25-06-2025
Business: Court is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-07-2025

Date: 25-07-2025
Business: None for plaintiff.
None for defendant.
Matter adj. to 30.09.2025 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-09-2025

Date: 30-09-2025
Business: Court is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-10-2025

Date: 13-10-2025
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 19.12.2025 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-12-2025

Date: 19-12-2025
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 17.03.2026 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-03-2026

Date: 17-03-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
None for plaintiff.
None for defendant.
Matter is adjourned to 25.06.2026 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-06-2026

Date: 25-06-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
None for plaintiff.
None for defendant.
Parties are directed to proceed with the case on next date.
Matter is adjourned to 24.07.2026 for hearing on NM and CS.
Next Purpose: HEARING
Next Hearing Date: 24-07-2026

Date: 24-07-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
None for plaintiff present.
None for defendant.
Matter is adjourned to 07.10.2026 for hearing.
Next Purpose: HEARING
Next Hearing Date: 07-10-2026

Main Case No: SUIT/0101008/2019
Main Cnr: MHCC010039772019
Main Filing No: 111447

Registration Number: 101714/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 105201/2019
Filing Date: 30-04-2019
First Hearing Date: 02nd May 2019
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE