Date: 05-06-2018
Business: Adv Mr. Suryawanshi for plff. Present.
None for deft.
Adv for plff. filed registered Notice of Motion no.1605/18.
Adjd. for service on 24.08.2018.
Next Purpose: SERVICE
Next Hearing Date: 24-08-2018
Date: 24-08-2018
Business: Adv. Surywanshi for Plaintiff Present and filed application as duplicate copy of N.M. is misplaced is t.o.r.
Order Allowed to serve duplicate copy on defendant.
Adjd to 14/12/2018 for service
Next Purpose: SERVICE
Next Hearing Date: 14-12-2018
Date: 14-12-2018
Business: Adv. Surywanshi for Plaintiff Present and filed service affidavit T.O.R.
Adv. Rahul Vardhan for defendant Present and filed Vakalatnama is marked as Exh. 6. ORDER Filed.
Adjd to 20/04/2019 for filing reply to N.M. 1605/18
Next Purpose: REPLY
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: Both parties and their adv. are absent.
Adjd to 14/08/2019 for reply on N.M.
L.O. 04.00 p.m. Adv. Mr. Surywanshi for Plaintiff Present
Next Purpose: REPLY
Next Hearing Date: 14-08-2019
Date: 14-08-2019
Business: P.O. is on Training.
Next Purpose: REPLY
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Adv for plaintiff Mr.Ricrodia present.
None for the defendant.
No reply filed by deft.
O-Matter to proceed without reply of deft on N/M.
Matter is Adjd for N/M Argument to 16.11.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-11-2019
Date: 16-11-2019
Business: None present.
Matter is Adjd for N/M Hearing to 27.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: P.O. is on half day leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2020
Date: 28-08-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent. Matter adjd to 02.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv. Suryavanshi for the plaintiff is present.
None for defendant.
Order below NM no. 1605/18
Perused the Notice of Motion which is supported by an affidavit being executed by the plaintiff Vijay Gulve. As per the record the service affidavit of Notice of Motion is filed. My Ld. Predecessor vide its order dtd. 04.10.2019 has passed an order that this Notice of Motion be proceeded without reply of the defendant. I have heard Adv. Shri Suryvanshi. The prescribed notice calling upon the production of documents has been complied with.In Para no. 3 in the affidavit in support, the plaintiff has stated that the defendant even communicated and intimated regarding the installments, payments and the cancellation of the allotted flat. In the written statement the defendant has claimed about intimation on various dates like 16.05.2011, 15.05.2011, 09.06.2011, 23.06.2011, 05.07.2011, 15.07.2011, 28.07.2011, 19.07.2011, 05.08.2011 and 17.10.2011. Those documents even otherwise has to be produced on record. Considering the defence taken up by the defendant. As the plaintiff is claiming that he has not received any intimation or any demand. Even otherwise the Issue no. 1 which framed at Exh.3, the burden in upon the defendant to proved that it was justified in forfeiting Rs. 9,00,000/- (Rupees Nine Lakhs) which was paid by the plaintiff. Those documents are therefore necessary for proper adjudication for suit.
Hence, I pass the following order-
ORDER
Notice of Motion No. 1605/18 is allowed and made absolute in terms of prayer clause (a) and (d). Cost in cause.
Notice of Motion is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 02-02-2021