M/S. Vighnaharta Infracon Pvt. Ltd.VsMr. Uday Chandrakant Parab

Date: 04-01-2021
Business: By Precipee.
NOB. TOB
Adv. M.A. Parab for deft present.
 He has file V/P  t.o.r marked at Exh.2.
Adjd for  directions on 08.02.2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: P.O. is on Leave
Next Purpose: DIRECTIONS
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: None for plaintiff.
Adv. Nitesh Gupta i/b Vidhat Legal for defendant is present.
Matter adjd for directions to 23.04.2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 06/08/2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: PO is on Leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: Adv.Bhimrao Pawar for plaintiff present.
Adv.M.A. Parab for defendant present.
      The plaintiff has filed affidavit of service of writ of summons. Defendant wants to check whether he appeared within 10 days.
KB
LO at 12.39 pm
Defendant absent.
Matter adjd to 18.09.2021 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 18-09-2021

Date: 18-09-2021
Business: Adv.Bhimrao Powar for plaintiff present.
Adv.Nitesh Gupta i/b.Vidhat Legal for defendant present.
Adjournment application, Exh.3 filed by Adv. of defendant t.o.r
O-Other side to say.
O-Read the roznama dated 01.09.2021. Already sufficient time has been availed, hence, rejected.
       The defendant has been served on 21.02.2020 as per the Postal Acknowledgment card. Vakalatnama is filed by on 04.01.2021. Therefore, defendant has not appeared within 10 days of service of summons. Suit to proceed for evidence.
Matter adjd to 06.10.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: N.O.B.T.O.B.BY PRECIPEE
Adv. Mr.Nitesh Gupta h/f.Vidhat Legal for defendant present and filed application, Exh.3 for matter taken on todays board. O-Allowed.
Adv. for defendant filed draft Notice of Motion a/w.affidavit in support and written statement.
Order on NM-Leave granted to register notice of motion.
Matter adjd to 06.10.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv. Bhimrao A. Powar for plaintiff present.
Adv. Nitesh Gupta i/b Vidhat and Legal for defendant present.
The plaintiff tendered claim affidavit of evidence along with list of documents t.o.r. marked as Exh.4 and 5 respectively. Copy is furnished to the defendant. Endorsement is made to that effect.
K.B.
L.O. at 12.30 p.m.
Adv. Bhimrao A. Powar for plaintiff present.
Adv. Nitesh Gupta i/b Vidhat and Legal for defendant present.
Witness Ramdas Pote is present. His affidavit of evidence is read on recorded on Oath. It is marked as Exh.4
The defendant tendered register NM 2339/21 along with affidavit. Copy of same is furnished to the plaintiff.
Matter adjd to. 21.10.2021 for reply on NM and marking of documents.
Next Purpose: REPLY
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Adv.Bhimrao Powar for plaintiff present.
None present for defendant.
The plaintiff tendered affidavit in reply to NM No.2339/21, Exh.6 t.o.r.  True copy of affidavit in reply is kept on record for furnishing the same to the defendant.
Matter adjd to 16.11.2021 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Plaintiff in person present.
None present for defendant.
KB
LO at 01.59 pm,
Adv.Bhimrao Powar for plaintiff present.
ORDER IN NM 2339/21
       The defendant remained absent and failed to argue NM No.2339/2021, hence no argument of the defendant. Heard the plaintiff on NM No.2339/2021. Adjd for order on NM No.2339/21 on 27.11.2021.
                                                                                              Judge
LO at 02.53 pm,
Adv.Mr.M.A.Parab h/f.Vidhat Legal for defendant present. He filed application, Exh.7 for setting aside no argument order passed today against the defendant. O-Today\''s order of no argument on NM No.2339/2021 by the defendant is set aside.
Heard the Ld.Adv.for the defendant on NM No.2339/2021.
Matter adjd to 27.11.2021 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 05.15 pm,
None present.
As Court is busy in recording evidence in Commercial SU No.07/2020 and as court time is over, matter is adjourned.
Matter adjd to 06.12.2021 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: None present for plaintiff..
None present for defendant.
KB
LO at 04.50 pm,
None present.
F.R.S.R. the following order is passed on NM No.2339/2021
                               ORDER
1. Notice of Motion is partly allowed.
2. Delay in entering appearance of the defendant is condoned. Order dated 18.09.2021 to that effect is set aside.
3. The defendant\''s appearance is taken on record. Suit is kept for filing summons for judgment.
4. Costs of this notice of motion shall be kept in cause.
Matter adjd to 21.12.2021 for filing of summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.06 pm,
Adv.Nitesh Gupta i/b.Vidhat Legal for defendant present.
The plaintiff has not filed summons for judgment, adjd for order against pltff. on 18.01.2022.
Next Purpose: ORDER
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 21.02.2022 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: BY PRECIPEE /N.O.B.T.O.B.
Adv.Bhimrao Powar for plaintiff present. He filed application, Exh.8 for taking the matter on today\''s board. O-Allowed.
He tendered draft summons for judgment a/w. affidavit in support.
O-Leave granted to register summons for judgment.
Plaintiff to serve the copy of summons for judgment and affidavit on the defendant.
Matter already adjd to 21.02.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: Mr.Ramdas Pote, representative of plaintiff present.
Adv.Nitesh Gupta i/b.Vidhat Legal for defendant present.
KB
LO at 12.35 pm,
Adv.Bhimrao Powar for the plaintiff present.
Adv.Nitesh Gupta i/b.Vidhat Legal for defendant present.
The plaintiff tendered registered summons for judgment a/w. affidavit in support t.o.r. Copy of registered SJ and affidavit is furnished to the defendant.
Matter adjd to 11.03.2022 for reply and hearing of SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
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 the plaintiff adjd for hearing on SJ.
Matter adjd to 01.04.2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Adv.Bhimrao Powar for plaintiff present.
Adv.Vijay Ghedia i/b.Adv.Mayur Parab for defendant present.
On oral request of plaintiff matter adjd. Last chance granted.
Matter adjd to 22.04.2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Adv.Bhimrao Powar for plaintiff present.
Adv.Nilesh Gupta i/b.Vidhat Legal for defendant present.
Heard both the sides on SJ 55/22.
KB
LO at 12.30 pm,
Adv.Bhimrao Powar for plaintiff present.
Adv.Nilesh Gupta i/b.Vidhat Legal for defendant present. He tendered application for production of alleged receipt of payment. Application t.o.r. and marked as Exh.11.
The plaintiff by reply below the application objected the production.
Heard both parties on Exh.11.
ORDER
          Heard both parties. The plaintiff objected the production contending that the receipt is not part of the sale deed and it is forged and fabricated receipt. The Ld.advocate for the plaintiff submits that the signature of the receipt is not like the signature on the sale deed. Read the reply on Exh.10 in which the receipt is relied upon by defendant. Hence, production of receipt is allowed subject to the objections of the plaintiff.
KB
LO at 03.35 pm
F.R.S.R. following order is passed
ORDER
1. Summons for Judgment No.55/2022 is dismissed.
2. Unconditional leave to defend is granted to the defendant.
3.The defendant shall file written statement on or before next date.
4. Costs of this summons for judgment is kept in cause.
Matter adjd to 17/06/2022 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: Adv Bhimrao Powar present for plaintiff.
None present for defendant.
K.B.L.O. at 12.20 p.m.
None present for plff.
Adv M. A. Parab I/b Vidhat Leagal present for deft and filed written statement at Exh.12 as per order dt.22.04.2022.
Copy to serve other side.
Matter adjd to 12.07.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: None present.
Kb.
Later on at 12.52 pm.
Adv. Bhimrao A. Pawar for plaintiff present.
Adv. Nitesh Gupta for defendant present.
Exh.13 - Ld. Adv. for plaintiff has filed draft issues. TOR.
Copy of Exh.13 served to otherside.
Case Adjd for draft issues and address memo by deft and for statement of truth by both parties on 06/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: Adv. Bhimrao Powar Present for Plff.
Adv. Audhubar Swar I/b Vidhat legal Present for Deft.
Ex.14- Adv of plff filed statement of truth. Copy served to otherside.
Adj. For Draft issues, address memo for deft and statement truth by deft on 20/08/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: None Present for Plff.
Adv. M. A. Parab Present for Deft.
Ex.15 – adv of deft has filed statement of truth. t.o.r.
Ex.16 - Adv of deft has filed address memo. t.o.r.
Adv of deft filed draft issues.
Adj. For Draft issue by plff on 14/09/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: By Praecipe
Adv. Bhimrao Pawar Present for Plff.
None Present for Deft.
Representative/Directer of plff namely Mr.Ramdas P. Pote
Ex.17- Application for taking matter on today\''s board. - Allowed.
Ex.18 – Adv of plff filed application for withdrawal of the suit. Call say of otherside. None present on behalf of deft hence, no say on behalf of deft.
Heard adv of plff on Ex.18. Representative of plff contended that, contains of withdrawal application (Ex.18) 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 plff contended that plff only seeking simple withdrawal of the suit. As the plff is simply withdrawing suit, no prejudice will cause to otherside. 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

SUMMONS FOR JUDGT/100055/2022
NOTICE OF MOTION/102339/2021

Registration Number: 100856/2021
Transfer Date: 28-05-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Filing Number: 105242/2020
Filing Date: 26-10-2020
First Hearing Date: 04th January 2021
Decision Date: 29th August 2022
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE