Maharashtrs State Handloom Co-operative Federation Ltd.VsShri Nareshkumar Ramswarup Dubey

Date: 25-06-2018
Business: Adv. Mr. Moholkar for the plff present.
None present for the deft.
Draft Notice of Motion alongwith affidavit in support taken out by the plaintiff for restraining the defendant temporarily from inducting any third party in the possession of the suit premises and for appointment of Court Receiver. t.o.r. Leave granted to register.
Matter is adjd. to 9.08.2018 for service report of writ of summons and N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2018

Date: 09-08-2018
Business: Adv. Mr. Moholkar for the Plaintiff present.
He seeks extension of time to serve writ of summons and N/M to the deft on residential address mentioned in the title. Timer is extended.
Matter is adjd. to 3.10.2018 for proof of service of writ of summons  and N/M.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-10-2018

Date: 03-10-2018
Business: Adv. Mr. Moholkar for the Plaintiff present.
Adv for the plaintiff seeks adjournment for filing proof of service of writ of summons.  Granted.
Matter is adjd. to 5.02.2019 for proof of service of writ of summons of the deft
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-12-2018

Date: 05-12-2018
Business: By precipe
Adv. Chaubey for Defendant present.
Already tendered Vakalatnama of the plaintiff.
Already tendered address memo of the plaintiff.
Vakalatnama tendered by the deft
Draft notice of motion alongwith affidavit in support and written statement, taken out by the deft. for condonation of delay in filing written statement. TOR
O- Leave granted to register
Already adjd.to 5.02.19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-02-2019

Date: 05-02-2019
Business: Adv. Moholkar for pltff present.
Adv. S Pawar for deft present and tendered registered N/M No.502/19 t.o.r.
As Court is busy in hearing arguments in Suit No.3856/08 and Suit No.9650/90. Hence, Board is discharged.
Matter is adjd. to 02.04.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-04-2019

Date: 02-04-2019
Business: Resumed.
Adv. Moholkar for plaintiff and Adv. R.S. Choubey for defendant are present.
Adv. Moholkar seeks time to file reply to Nm taken out by the defendant.  Time is granted as last chance with a direction to supply copy of NM reply in advance to the advocate for defendant.
Adjd for NM reply to 11.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-07-2019

Date: 11-07-2019
Business: Adv. Moholkar for plaintiff present.
None present for defendant.
Defendant failed to file reply NM. Hence NM is proceeded without reply of defendant.
Adjourned for NM hearing to 13.9.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2019

Date: 11-07-2019
Business: Adv. Moholkar for plaintiff present.
None present for defendant.
Defendant failed to file reply NM. Hence NM is proceeded without reply of defendant.
Adjourned for NM hearing to 13.9.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Adv. Moholkar for plaintiff present.
Adv. Choube for defendant present.
Application filed by the defendant for setting aside the order dated  11.7.2019.
O-Read application.  Heard.  In the interest of justice application Exh. 5 is allowed and the order to proceed without reply of the defendant to the NM no. 2373/18 is called back and the reply of the defendant is taken on record.
Reply filed by defendant to NM no. 2373/18.  TOR.
Heard argument of Ld. Advocate for the plaintiff and defendant on NM no. 502/2019.
Order below Notice of Motion No. 502/2019.
This Notice of Motion is tendered by defendant for condoning the delay in filing the written statement. The Ld. counsel for the defendant submitted that the defendant could not file the written statement within the period of 30 days, but the same has been filed within the period of 90 days.  The Ld. counsel for the defendant submitted that the defendant is permanent resident of Prayagraj, Uttar Pradesh and was not keeping well due to poor health on account of advance age and therefore could not contact the advocate for filing the written statement and hence he prayed for condoning the delay. The Ld. counsel fro the plaintiff submitted that plaintiff leave it to the discretion of the court.
Considering the reason given by the defendant for delay it appears that the defendant has made out sufficient cause for delay.  The matter is at initial stage.  Substantial rights of the parties are involved.  It would be in the inters of the parties if the matter is decided on merit.  No prejudice  will be caused to the plaintiff if the written statement is taken on record.   Even there should not be hyper technical and pedantic approach in dealing with such type of petition.  Hence it is expedient to pass following order.
ORDER
1.  Notice of Motion No. 502/2019 is made absolute in terms of prayer clause (a) and (b).
2.  The written statement filed by the defendant be taken on record.
3.  Notice of Motion is disposed of accordingly.
___________________________________________
Written statement of defendant.
plaintiff tendered original NM no. 2373/18.
The Ld. Advocate for the plaintiff seeks time to file rejoinder to the reply filed by the defendant to NM no.  2373/18
Adjourned for rejoinder to NM / hearing on NM No. 2373/18 to 9.1.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Adv. Moholkar for plaintiff present.
Adv. Chaube for deft. present.
Adv. for plaintiff seeks time to file rejoinder to N/M.  Granted.
The matter is adjd for rejoinder to N/M to 16.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: Adv. Moholkar for plaintiff present.
None for deft.
Adv. for plaintiff filed rejoinder to the reply of deft. to N/M no.2373/18.  T.O.R.
The matter is adjd for N/M hearing to 19.06.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Business: Due to Covid-19, the matter is adjourned to 06.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Adv. Moholkar for plaintiff present.
None for deft.
Last chance is granted to deft. for hearing on N/M.
The matter is adjd for hearing on N/M to 23.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: None present for the plaintiff.
Adv Pawan Kumar for deft present.
Last chance granted to the plff of previous date for hearing on NM. As None present for the plaintiff, N/M no. 2373/18 is dismissed for want of prosecution.
Matter adjd to 28.06.2021 for issues.
LO after five minutes.
Ld Counsel for the plff Shushma Pandey appeared and requested for restoration of NM. As the advocate for the plaintiff appeared immediately after passing of the order, the N/M no. 2373/18 is restored and adjourned for NM hearing on 28.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
Matter adjd to 20/08/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: Adv. Moholkar for plff.present.
Adv. Karan Singh for deft present.
On oral request of both the advocates matter keep for direction.
Matter adjd.for direction to 24/11/2021 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: P.O.is on leave.
Matter adjd.to
Next Purpose: DIRECTIONS
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv Mohalkar for plaintiff present.
Adv Pawankumar for defendant present.
On oral request of advocate for defendant, matter is adjourned till next date.
Matter is adjd to 29/04/2022 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1)
Advocate Mohalkar for plaintiff present.
Advocate Lata Shanbag for defendant present.
On oral request matter is adjd to 05/08/2022 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Adv. Mahendra Moholkar for plaintiff is present.
None present for defendant.
Matter adjd to 18.10.2022 for NM hearing.
LO at 3.45 p.m.
Adv. Atif h/f Adv. Choube for defendant is present.
Matter adjd to 18.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: Adv. Moholkar for plaintiff is present.
Adv. Gaurav Choube for defendant is present and tendered draft two NMs a/w affidavit. O- Leave granted to register.
Matter adjd to 20.12.2022 for NM reply and hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2022

Date: 18-10-2022
Business: Adv. Moholkar for plaintiff is present.
Adv. Gaurav Choube for defendant is present and tendered draft two NMs a/w affidavit. O- Leave granted to register.
Matter adjd to 20.12.2022 for NM reply and hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: Adv. Mr. Mahendra Moholkar for plaintiff is present.
Adv. Mr. Chowbey for defendant is present.
The Ld. advocate for the defendant tendered original registered NM Nos. 4435/2022 and 4437/2022 along-with affidavits.
The Ld. advocate for the plaintiff has filed reply to both Notice of Motions.
Matter adjd to 13.06.2023 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Adv. Mahendra Moholkar for plaintiff is present.
Adv. Vikas Gupta for defendant is present.
On request of Ld. Adv. for defendant, matter is adjourned.
Matter adjd to 31.07.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2023

Date: 31-07-2023
Business: Adv. Mohalkar for plaintiff is present.
Adv. Vikas Gupta for defendant is present.
On the oral request matter is adjourned.
Matter adjd to 03/10/2023 for N/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: Adv. Mohalkar for plaintiff is present.
Adv. Chaubey for defendant is present.
Heard the Ld. Advocate for plaintiff and defendant in Notice of Motion No. 2373/2018.
F.R.S.R following order is passed on Notice of Motion No. 2373 of 2018
ORDER
1. Notice of Motion No. 2373 of 2018 stands rejected.
2. Notice of motion stands disposed off accordingly.
Heard the Ld. Advocate for plaintiff and defendant in Notice of Motion No. 4437/2022.
ORDER
The present Notice of motion taken out by the defendant for expediting the matter, as the defendant is a senior citizen and suffering from various elements.
The plaintiff has filed reply and opposed the Notice of motion.
However, during course of argument the Ld. Advocate for plaintiff submits to expedite the suit. Therefore, considering submission of both the sides, I am of the view that, the present matter needs to be decide as early as possible with the assistance of both the sides.
Hence, the following order.
ORDER
1. The Notice of Motion No. 4437 of 2022 stands allowed.
2. Both the parties are hereby directed to co-operate this court to decide the matter expeditiously.
3. Notice of motion stands disposed off accordingly.
Matter adjd to 01.11.2023 for NM hearing.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 01-11-2023

Date: 01-11-2023
Business: Adv.M.C. Mohalkar for plaintiff is present.
None for defendant is present.
Matter adjd to 05-01-2024 for NM hearing.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 05-01-2024

Date: 05-01-2024
Business: None present for plaintiff and defendant.
Matter adjd to 31.01.2024 for NM hearing .
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 31-01-2024

Date: 31-01-2024
Business: Adv. Mahendra Moholkar for plaintiff is present.
Adv. Sarang Trivedi for defendant is present and filed Vakalatnama Exh. 7. TOR.
He also filed documents along with list Exh. 8. TOR. Copy served on other side.
Both seek time. O- Time granted as last chance.
Matter adjd to 11.03.2024 for NM hearing on the request of both advocates.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: Adv. Mahendra Moholkar for plaintiff is present.
Adv. Sujata Phansekar h/f Sagar Trivedi for defendant is present and filed application Exh. 9 seeking time for hearing NM on the ground of ill health of Adv. on record. O- Time granted as last chance.
The Adv. for defendant requested to adjourn matter in the month of May, 2024.
Matter adjd to 03.05.2024 for NM hearing.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 03-05-2024

Date: 03-05-2024
Business: Adv. Mahendra Moholkar for plaintiff is present.
Adv. Sagar Dwivedi for defendant is present and not pressed Notice of Motion No.4435/2022 for hearing. Hence, Notice of Motion is filed and disposed off with no order as to costs.
Both advocate requested to adjourn matter in the month of June.
Matter adjd to 11.06.2024 for draft issues.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 11-06-2024

Date: 11-06-2024
Business: None present for plaintiff and defendant.
Draft issues not filed. Matter is expedited hence suit to proceed further without draft issues.
Matter adjd to 25.07.2024 for framing issues.
L.O at 12.25 p.m
Adv. Mahendra Moholkar for plaintiff is present.
Matter already adjd to 25.07.2024.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 25-07-2024

Date: 25-07-2024
Business: Employee of plaintiff Swapna Raut present.
None present for defendant.
KB
L.O at 11.50 a.m.
Adv. Moholkar for plaintiff is present and made statement that advocate for defendant is unable to attend the court due to heavy rains and instructed to adjourn the matter on 19.08.2024. Statement is recorded. O- Time granted as last chance.
None present for defendant.
The matter is expedited hence parties are directed to co-operate for early decision of suit.
Matter adjd to 19.08.2024 for framing issues.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 19-08-2024

Date: 19-08-2024
Business: P. O. is on leave.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 06-09-2024

Date: 06-09-2024
Business: Employee of plaintiff Swapna Raut present.
Adv. Moholkar for plaintiff is present.
None present for defendant.
Matter is expedited. Hence, issues are framed at Exh.10.
Matter adjd to 18.10.2024 for evidence of plaintiff.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: Adv. Moholkar for plaintiff is present and seek time to lead oral evidence. O- Time granted.
None present for defendant.
Matter adjd to 19.11.2024  for evidence of plaintiff on the request of Adv. for plaintiff.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 19-11-2024

Date: 19-11-2024
Business: None present for plaintiff.
Adv. Avdesh Yadav i/b Sagar Dwivedi for defendant is present.
Last chance granted to plaintiff to lead oral evidence, on failure further order will be passed on next date.
Matter adjd to 21.12.2024 for evidence of plaintiff.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 21-12-2024

Date: 21-12-2024
Business: Adv. Mahendra Moholkar for plaintiff is present and seek time for filing evidence affidavit. O- Time granted.
None present for defendant.
Heard Adv. for plaintiff on the point of correction of issue no.3. Issue no.3 is corrected by replacing word charge instead of possession.
The Ld. Adv. requested for longer date.
Matter adjd to 25.02.2025 for evidence of plaintiff.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 25-02-2025

Date: 25-02-2025
Business: Adv. Moholkar for plaintiff is present and seek time for filing evidence affidavit. Matter is expedited.
Last chance granted to plaintiff on failure further order will be passed on next date.
None present for defendant.
Matter adjd to 21.03.2025 for filing evidence of plaintiff.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 21-03-2025

Date: 21-03-2025
Business: P. O. is on leave.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 25-04-2025

Date: 25-04-2025
Business: Adv. Moholkar for plaintiff is present and seeks time. O - time granted with concern.
Adv. Avdesh Yadav for defendant is present.
Both seek longer date.
Matter adjd to 27.06.2025 for evidence of plaintiff.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 27-06-2025

Date: 27-06-2025
Business: Adv. Mahendra Moholkar for plaintiff is present and filed evidence affidavit Exh.11 along with compilation of documents Exh.12. TOR. Copy be served on other side.
None present for defendant .
PW-1 present.
Matter adjd to 12.08.2025 for admission denial.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 12-08-2025

Date: 12-08-2025
Business: Adv. Mahendra Moholkar for plaintiff is present.
None present for defendant.
Matter adjd to 12.09.2025 for admission denial.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 12-09-2025

Date: 12-09-2025
Business: None present for plaintiff.
Adv. Avadhesh Yadav h/f Adv. Sagar Diwedi for defendant is present.
Matter adjd to 27.10.2025 for admission denial.
Later on...
Adv. Mahendra C. Moholkar for plaintiff is present.
Matter already adjd to 27.10.2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 27-10-2025

Date: 27-10-2025
Business: None present for plaintiff.
Adv. Pradeep Yadav for defendant is present.
Last chance granted to plaintiff, on failure further order will be passed on next date.
Matter adjd to 05.12.2025 for marking documents.
L. O at 12.50 p.m.
Adv. Mahendra Moholkar for plaintiff is present.
Matter already adjd to 05.12.2025.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 05-12-2025

Date: 05-12-2025
Business: P. O is on leave
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 09-01-2026

Date: 09-01-2026
Business: Adv. Mahendra C. Moholkar for plaintiff is present.
Adv. Tariq A. A. Chaudhary h/f Sagar Dwivedi for defendant is present.
Matter adjourned to 02.02.2026 for admission denial of the documents.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 02-02-2026

Date: 02-02-2026
Business: P. O in on leave in first session.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 17-02-2026

Date: 17-02-2026
Business: P.O. is on Leave.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 18-03-2026

Date: 18-03-2026
Business: Adv. Mahendra Moholkar for plaintiff is present and seeks adjournment to keep the witness present.
None present for defendant.
Matter adjourned to 10.06.2026 for admission denial.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 10-06-2026

Date: 10-06-2026
Business: P.O is on Leave.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 09-07-2026

Date: 09-07-2026
Business: Adv. Mahendra Moholkar for plaintiff is present.
Adv. Avadhesh Yadav h/f Sagar Drivedi for defendant is present.
Matter adjourned to 20.08.2026 for admission denial.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 20-08-2026

Date: 20-08-2026
Business: CORAM : HIS HONOUR JUDGE SHRI R. S. ARADHYE (C.R.NO.1)
Adv. Mahendra C. Moholkar for plaintiff is present.
None present for defendant.
Matter adjourned to 13.10.2026 for admission denial.
Next Purpose: SUPREME/HIGH COURT EXPEDITED
Next Hearing Date: 13-10-2026

NOTICE OF MOTION/104437/2022
NOTICE OF MOTION/104435/2022
NOTICE OF MOTION/100502/2019

Filing Number: 105221/2018
Filing Date: 11-04-2018
First Hearing Date: 25th June 2018
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE