Sharad Industrial Estate H Building Co Operative Society Ltd.VsM/s. Sharad Construction Company

Date: 26-09-2019
Business: Adv. Tiwari for plaintiff present.
On oral request time is extended to serve writ of summons. Adjd. 13.12.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Next Purpose: SERVICE
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: Both the parties and his advocate absent.
Matter is adjd to 25.02.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Jitendra Tiwari for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 13.03.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Plaintiff absent.
Defendant present.
Adv. Jitendra Tiwar for plff. Present.
Adv. For deft. Present.
Plaint
Vakalatnama
Memorandum of address
List of document
Adv. For the plff. Filed affidavit of service. Exh-5 Order- Seen and filed.
Matter is adjd to 28.04.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: Due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 16.03.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: NOB TOB By Precipee
Adv. Roshan H. Yadav for. Deft Present.
Adv. for Defentdant filed application for taken on board.
Order- Allowed.
Adv. For Defendant Tendered draft N/M @ affidavit in support. t.o.r.
Order – Leave granted to register Notice of Motion
Matter is already adjd to 16.03.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Sandeep Singh for plff. present.
Adv. Rahul Chaubey for the deft. Present.
Adv. For the deft. Tendered registered N/M No. 269/2021 @ affidavit in support. t.o.r.
Matter is adjd to 24.03.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Satyam Dube for the plff present.
Adv. for the deft present.
Matter is adjd to 29.06.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: Both the parties and their advocates are absent.
Hence, delay the matter.
Matter is adjd to 27.08.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: COURT IS VACANT
Next Purpose: REPLY
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Court is vacant
Next Purpose: REPLY
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Adv for plaintiff present.
None for defendant.
Adv for plaintiff filed reply.  TOR.
Matter is adjd to 22.12.2021 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: Adv. Mr. Roshan Yadav for defendant is present. He submitted that the copy of reply on notice of motion is not served on the defendant. The plaintiff is directed to serve the copy of NM reply to the defendant on next date if yet not supplied.
Matter is adjd for NM hearing to 21.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: P.O. is on Trining
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: None for Plaintiff.
Adv. Roshan Yadav for defendant present.
Matter adjourned to 23/07/2022 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Adv. Mr. Jitendra Tiwari for Plaintiff present and ready for NM Hearing.  However, none present for Defendant.  NM is moved by the Defendant for Condonation of Delay of 9 months in filing Vakalatnama.
In view of the same as a last chance matter adjourned to 24/08/2022 NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: As Court busy in dictating order in SJ No.38 of 2017, hence board is discharged.
Matter adjourned to 13.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Business: As Court is busy in dictating Judgment in Suit No.4507 of 2009, matter is adj to 07/01/2023 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: Adv.Jitendra Tiwari h/f Adv.Satyam R.Dube for plaintiff present.
None for defendant.
Heard Ld.Adv.for plaintiff.
Following order is passed on N/M No.269/2021
ORDER
1. Notice of Motion No.269 of 2021 is allowed subject to payment of cost of Rs.4,000/- in terms of prayer clause (a), which reads as under-.
That this Hon''ble court may be pleased to condoned the 9 months delay for filing the vakalatnama.
2. Cost payable to the plaintiff.
3. Defendant to pay/deposit the cost within 03 weeks from the date of this order.
4. If defendants fail to comply this order, said would proceed exparte.
5. Notice of Motion No.269 of 2021 is disposed of accordingly.
Matter is adj to 02/03/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: Adv. for plaintiff present.(Appearance not given).  He submits that he has received the amount of cost from the defendant as per order dated 07/01/2023.
He seeks time to file SJ.
Adv.R.S.Dubey h/f Adv.D.R.Mishra for defendant present.
Matter is adj to 26/04/2023 for filing SJ.
Next Purpose: FOR___________________
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
As court is busy dictating Judgment in Suit No.3734 of 2011, remaining first session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Mr.Ajit R.Tiwari- Representative of plaintiff present.
Adv.Jitendra Tiwari for plaintiff present.
Matter is adj to 02/08/2023 for filing SJ.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-08-2023

Date: 02-08-2023
Business: As a Court busy Aurguments in Summary Suit Nos. 751/2016, Summary Suit 52/2018 and  Summary Suit 1081/2021 and evidence in Sessions Case No. 260/2014, hence morning remaining board is discharged.
Matter is adj to 09/10/2023 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
As a Court busy in recording evidence in suit No.7149/2003, Hence, remaining morning board is dishcarged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 19.12.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
The plaintiff is given last chance to file summons for judgment.
Matter is adj to 19.03.2024 for filing summons for judgment.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-03-2024

Date: 19-03-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Matter is pending for filing summons for judgment since 02.03.2023. The plaintiff was given last chance on 05.02.2024. The plaintiff failed to take the steps. Hence, matter be kept for dismissal order.
Matter is adj to 04.05.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff failed to take steps.
Matter is adj to 20.07.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Kept back.
Later on at 2.45 pm
Both parties and their advocate are absent.
The plaintiff failed to take necessary steps. Hence, Matter is adj to 17.08.2024  for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Rohit Mishra for plaintiff is present.
The defendant and his counsel are absent.
Keep back.
Later on at 12.57 pm.
Adv. Rohit Mishra for plaintiff is present and filed application for removal of caption of dismissal and adjournment to take steps. Taken on record. It is marked as Exh-6.
The defendant and his counsel are absent.
Order below Exh-6
Perused application and record. On perusing record, it appears that matter is pending for filing Summons for judgment since 02.03.2023. Further, as plaintiff failed to take the steps, matter was kept for dismissal order on 04.05.2024, 20.07.2024 and 17.08.2024. Today also, the plaintiff is seeking adjournment to take the steps. Hence, consideri9ng the reason in the application, matter is adjourned, subject to costs of Rs.1,000/- to be paid to the DLSA within a week. If plaintiff fails to take steps on the next date, matter will be dismissed for default.
Matter is adj to 26.09.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-09-2024

Date: 26-09-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Rohit Mishra for plaintiff is present and filed pursis about depositing amount of Rs.1000/- to DLSA. Taken on record. It is marked as Exh-7. He also filed an application for adjournment to file Summons for judgment on the ground that newly formed committee requires time to review the case and provide the necessary instructions. Taken on record. It is marked as Exh-8. Adjournment is granted as last chance.
Matter is adj to 26.11.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-11-2024

Date: 26-11-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. for plaintiff is present(appearance is not given) and requested for adjournment for taking steps. Adjournment is granted as last chance. If plaintiff fails to take steps, matter will be kept for dismissal order.
The defendant and his counsel are absent.
Matter is adj to 04.02.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-02-2025

Date: 04-02-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Raju M. Pankar for plaintiff is present and filed pursis to refer matter to lokadalat. Taken on record. It is marked as Exh-9. O-Matter is referred to lokadalat.
Matter is adj to 22.03.2025 for lokadalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 22-03-2025

Date: 22-03-2025
Business: Matter pertaining to C.R. No.81
None present.
Matter is not settled.
Matter is ajdourned to 09-04-2025.
   Adv. H.S. Gill                   H.H.J. Shaikh Akbar Shaikh Jafar
    Panel Member                                    Panel Head
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-04-2025

Date: 09-04-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Plaintiff is given last chance to take the steps.
Matter is adj to 15.07.2025 for taking steps.
Later on at 1.24 pm
Adv. Jitendra Tiwari for plaintiff is present.
Matter is adj to 15.07.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-07-2025

Date: 15-07-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 16.09.2025 for taking steps.
Later on at 12.14 pm
Adv. Jyoti Tiwari for plaintiff is present.
Matter is adj to 16.09.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-09-2025

Date: 16-09-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Plaintiff was given last chance to take the steps. Plaintiff failed to take steps. Hence, matter is kept for dismissal order.
Matter is adj to 18.10.2025 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 18-10-2025

Date: 18-10-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Keep back.
Later on at 11.35 pm
Adv. Akanksha Singh h/f Adv. Satyam Dubey for plaintiff is present through video conference.
Keep back.
Later on at 12.42 pm
Adv. Arvind Rajbhar h/f Adv. Satyam Dubey for plaintiff is present and filed an application for removal of caption dismissal. TOR and marked as Exh-10. O-Allowed. Caption dismissal is removed.
Advocate for plaintiff filed an application for adjournment  on the ground that due to election of managing committee of plaintiff  society, he could not get the instructions. TOR and marked as Exh-11. O-Allowed, Adjournment is granted.
Matter is adj to 26.11.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-11-2025

Date: 26-11-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Plaintiff failed to take steps. Hence, matter is kept for dismissal order.
Matter is adj to 20.01.2026 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 20-01-2026

Date: 20-01-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 12.27 pm
Both parties and their advocate are absent.
Matter is adj to 07.02.2026 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 07-02-2026

Date: 07-02-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Plaintiff is given last chance to take steps.
Matter is adj to 21.02.2026 for taking steps/dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 21-02-2026

Date: 21-02-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Keep back.
Later on at 1.12 pm
The plaintiff and his advocate are absent.
Order below Exh-1
Perused record. The suit is filed on 03.05.2019. Defendant appeared on 27.01.2021 and filed draft Notice of Motion to condon delay to cause appearance. The said Notice of Motion came to be allowed on 07.01.2023 and matter was adjourned for filing Summons for judgment on 02.03.2023. The plaintiff failed to file Summons for judgment till date. The plaintiff is given ample opportunity to file Summons for judgment. However, till date plaintiff failed to file Summons for judgment. It appears that plaintiff is not interested in conducting the matter. Matter is five years old. Therefore, no purpose would served by keeping the matter pending. Hence, I proceed to pass following order-
Order
Sum. Suit No. 773 of 2019 is hereby dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 21-02-2026

NOTICE OF MOTION/100269/2021

Registration Number: 100773/2019
Transfer Date: 15-11-2019
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100773/2019
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100773/2019
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 105387/2019
Filing Date: 03-05-2019
First Hearing Date: 26th September 2019
Decision Date: 21st February 2026
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE