Mahendra J. Danani - Suit St. No. 4572 of 2019VsShailesh Prajapati And Anr

Date: 07-06-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-07-2019

Date: 08-07-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2019

Date: 02-08-2019
Business: Plaintiff present. His advocate absent.
Advocate Mr. Arunkumar Roy for Defendants present and submitted that complete copy of Chamber Summons is not provided to Defendant and further NM taken out by Plaintiff is also not served upon Defendants.  Considering submissions Plaintiff is directed to provide complete copy of Chamber Summons upon Defendant along with copy of NM.
Case is adjourned to 21/11/2019 for Compliance/hearing of Chamber Summons and Notice of Motion.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: Court is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Advocate Mr. Sagar Batavia for Plaintiff present
Advocate Mr. A. K. Roy for Defendants present
Court is busy in hearing Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as court has to hear urgent matters, hence case is adjourned to 15/04/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Business: National Lock down
Next Purpose: C/S  HEARING
Next Hearing Date: 02-06-2020

Date: 22-04-2020
Business: National Lock down
Next Purpose: C/S  HEARING
Next Hearing Date: 02-06-2020

Date: 22-04-2020
Business: National Lock down
Next Purpose: C/S  HEARING
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: C/S  HEARING
Next Hearing Date: 19-06-2020

Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: C/S  HEARING
Next Hearing Date: 19-06-2020

Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: C/S  HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: National Lock down
Next Purpose: C/S  HEARING
Next Hearing Date: 17-08-2020

Date: 19-06-2020
Business: National Lock down
Next Purpose: C/S  HEARING
Next Hearing Date: 17-08-2020

Date: 19-06-2020
Business: National Lock down
Next Purpose: C/S  HEARING
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Business: None present for plaintiff.
None present for defendant.
Due to Corona Pandemic it seems that parties are absent, hence case is adjd.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Plff is present. Adv Mr. Sagar Batavia for plff present.
None present for deft.
As nobody present for deft, considering present pandemic
condition matter is adjd. for 09.02.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Adv Mr. Sagar Batavia for plff present and mentioned the matter in the morning session.
Matter is on board of afternoon session hence kept back.
L.O. at 3.00 p.m.
Plff present with Adv Ms. Ayesha and field affidavit of service of CS No.1003/2019 on deft Nos.1   and  2.
Affidavit is supported by postal receipt and track report issued by the Postal Department.
Deft Nos.1 and 2 did not appear though served hence, CS No.1003/2019 to proceed Ex-Parte against those deft.
Matter is adjd. CS hearing to 20.04.2021.Judge
L.O. 3.25 p.m.
Deft No.1 Shailesh Prajapati present in person and submitted that his advocate is not available today. He seeks liberty to file appropriate application for setting aside application.
Already adjd. to 20.04.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: None present for plff.
Adv Mr.Sanjay appeared and filed vakalatnama at Exh.3 on behalf of deft Nos.1 and 2. He seeks time to file reply to the Ch/s and NM taken out by the plff.
As nobody is p resent for the plff, time granted till next date.
Matter is adjd. for NM and Ch/s reply to 09.11.2021.
Judge
L.O.
Adv MR. Sagar Batavia for plff present.
Already adjd. to 09.11.2021
Next Purpose: C/S REPLY
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Adv Mr. Batavia present for plff.
Adv Mr. Devkar present for deft.Nos.1 and 2 and seeks time to file reply to Ch/s and NM.
By consent, matter is adjd. for Ch/s and NM reply to 20.01.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Adv. Sagar Batavia for plff. present.
None present for deft.
Despite granting sufficient opportunities, defendants failed to file reply hence, Chamber Summons No.1003 of 2019 to proceed without reply of defendants.
Matter adjourned for Chamber Summons hearing to 27/04/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 27-04-2022

Date: 25-03-2022
Business: Adv. Sagar Batavia for plff. present.
None present for deft.
Despite granting sufficient opportunities, defendants failed to file reply hence, Chamber Summons No.1003 of 2019 to proceed without reply of defendants.
Matter adjourned for Chamber Summons hearing to 27/04/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 27-04-2022

Date: 25-03-2022
Business: Adv. Sagar Batavia for plff. present.
None present for deft.
Despite granting sufficient opportunities, defendants failed to file reply hence, Chamber Summons No.1003 of 2019 to proceed without reply of defendants.
Matter adjourned for Chamber Summons hearing to 27/04/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 18-07-2022

Date: 27-04-2022
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 18-07-2022

Date: 27-04-2022
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Defendant No.1 present.
Adv.Sagar Batavia for pltff. present.
Heard Adv.for the plaintiff in ch/s. No.1003/2019. No argument of deft.
Matter adjd to 29.08.2022 for Ch/s. order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Defendant present.
Adv.Batavia for plaintiff present.
As Court is busy in dictating judgment in SU 1801/2013, hence, matter adjourned.
Matter adjd to 01.10.2022 for ch/s. Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-10-2022

Date: 29-08-2022
Business: Defendant present.
Adv.Batavia for plaintiff present.
As Court is busy in dictating judgment in SU 1801/2013, hence, matter adjourned.
Matter adjd to 01.10.2022 for ch/s. Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: Defendant No.1 present.
Adv.Sagar Batavia for plaintiff present.
KB
LO at 03.15 pm
Defendant No.1 present.
Adv.Sagar Batavia for plaintiff present.
Adv.Pranav Devkar for both defendants present. He filed application for adjournment t.o.r. and marked as Exh.4. O-Otherside to say.
The plaintiff filed handwritten reply.
Heard both the sides in Exh.4.
ORDER
      Read the application. Chamber summons is of 2019. It is proceeded without reply. On 18.07.2022 the plaintiff\''s argument was heard. No argument order was passed against the defendants. Today, when the chamber summons is posted for orders the defendants appeared and made submission that the defendants want to file reply. The chamber summons is for amendment in the plaint. The defendants want to context the chamber summons on merit. However, they failed to file their reply within time. There is in ordinate delay on the part of the defendants. However, in the interest of justice for taking necessary steps the adjournment is granted subject to costs of Rs.1,000/- to be paid to the plaintiff.
Matter adjd to 05.11.2022 for compliance and steps by deft.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-11-2022

Date: 01-10-2022
Business: Defendant No.1 present.
Adv.Sagar Batavia for plaintiff present.
KB
LO at 03.15 pm
Defendant No.1 present.
Adv.Sagar Batavia for plaintiff present.
Adv.Pranav Devkar for both defendants present. He filed application for adjournment t.o.r. and marked as Exh.4. O-Otherside to say.
The plaintiff filed handwritten reply.
Heard both the sides in Exh.4.
ORDER
Read the application. Chamber summons is of 2019. It is proceeded without reply. On 18.07.2022 the plaintiff\''s argument was heard. No argument order was passed against the defendants. Today, when the chamber summons is posted for orders the defendants appeared and made submission that the defendants want to file reply. The chamber summons is for amendment in the plaint. The defendants want to context the chamber summons on merit. However, they failed to file their reply within time. There is in ordinate delay on the part of the defendants. However, in the interest of justice for taking necessary steps the adjournment is granted subject to costs of Rs.1,000/- to be paid to the plaintiff.
Matter adjd to 05.11.2022 for compliance and steps by deft.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-11-2022

Date: 01-10-2022
Business: Defendant No.1 present.
Adv.Sagar Batavia for plaintiff present.
KB
LO at 03.15 pm
Defendant No.1 present.
Adv.Sagar Batavia for plaintiff present.
Adv.Pranav Devkar for both defendants present. He filed application for adjournment t.o.r. and marked as Exh.4. O-Otherside to say.
The plaintiff filed handwritten reply.
Heard both the sides in Exh.4.
ORDER
      Read the application. Chamber summons is of 2019. It is proceeded without reply. On 18.07.2022 the plaintiff\''s argument was heard. No argument order was passed against the defendants. Today, when the chamber summons is posted for orders the defendants appeared and made submission that the defendants want to file reply. The chamber summons is for amendment in the plaint. The defendants want to context the chamber summons on merit. However, they failed to file their reply within time. There is in ordinate delay on the part of the defendants. However, in the interest of justice for taking necessary steps the adjournment is granted subject to costs of Rs.1,000/- to be paid to the plaintiff.
Matter adjd to 05.11.2022 for compliance and steps by deft.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: Defendant No.1 present.
Adv.Sagar Batavia for plaintiff present.
Adv.Pranav Devkar for both defendants present.
Adv.for defendants today complied with the order as to payment of costs imposed on 01.10.2022 while allowing Exh.4. The plaintiff has received said cost. Defendant\''s also tendered reply to the chamber summons, same is taken on record and marked as Exh.5. Copy is received by the plaintiff. The defendants also filed written statement, same is taken on record and marked as Exh.6. It is taken on record subject to confirmation of delay.
Order in Chamber Summons No.1003/2019
Heard learned Advocate for the plaintiff and the defendants.  Read the affidavit in support of chamber summons and affidavit in reply. This chamber summons is under Order 6 Rule 17 of CPC for amendment in the plaint.  It is the contention of the plaintiff that due to oversight important documents remained to be annexed with the plaint and therefore, the plaintiff wants to rely on certain documents and accordingly has prayed for permission to amend the plaint for explaining these documents.  By allowing this amendment there will be no material change in the nature of suit.  The amendment appears to be explanatory in nature, therefore, it is just and necessary to decide the real questions in controversy between the parties.  Hence, I pass following order -
                                      ORDER
1. Chamber Summons No.1003/2019 is allowed subject to costs of Rs.1000/- (Rupees one thousand only).
2. The proposed amendment in the scheduled is allowed.
3. The plaintiff to pay costs to the defendants and shall carry out the amendment within stipulated time.
4.  Chamber Summons No.1003/2019 is disposed of accordingly.
Matter adjd. to  23.01.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: BY PRECIPEE (Exh.17)
Adv.Lavkush Tiwari h/f.Adv.Sagar Batavia for plaintiff present and filed application for taking case on today\''s board. Application is marked as Exh.17. O-Allowed to take case on today\''s board.
The Adv.for pltff. requested for extension of time to carry out the amendment which was allowed vide order dated 05.11.2022 passed in chamber summons No.1003/19.
O-Time is extended to carry out the amendment within 14 days.
The Ld.Adv.for the plaintiff also filed copy of letter with acknowledgment of defendant regarding compliance as to payment of costs. Costs is received by the defendant. Said letter and acknowledgment is TOR and marked as Exh.18.
Matter already adjd to 23.01.2023 for compliance and service affidavit of amended plaint.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Defendant No.1 present.
Adv.Sagar Batavia for plaintiff present.
Adv.Pranav Devkar for both defendants present.
Adv.for plaintiff tendered copy of amended plaint. It be kept alongwith Plaint-Exh.1. Copy of same is received by defendants.
Adv. for defendant filed draft notice of motion a/w. Affidavit in support. O-Leave granted to register draft NM. Copy of same is received by plaintiff.
(As Court is busy in dictating judgment in SU No.447/2015, hence, adjourned.)
Matter adjd to 08.03.2023 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: None present for both sides.
KB
LO at 03.25 pm
None present for both sides.
KB
LO at 03.35 pm
Adv.Sagar Batavia for plaintiff present.
Adv.Pranav Deokar for defendant No.1 and 2 present and filed registered NM No.582/2023 a/w. affidavit t.o.r.
Adv.for plaintiff requested time to file reply in NM 582/23. Adv.for defendant requested time to file reply in NM 1845/19. Last chance granted to defendant.
Matter adjd to 24.04.2023 for reply in NM 582/23 and NM 1845/19.
Next Purpose: REPLY
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: None present for plaintiff.
Adv.Pranav Devkar for defendant No.1 and 2 present and submits that the plaintiff has expired on March 2023.  Plaintiff\''s advocate to take necessary steps if plaintiff has expired.
Matter adjd to 25.07.2023 for steps/reply in NM 582/23 and NM 1845/19.
LO at 05.40 pm
Adv.Sagar Batavia present and filed vakalatnama on behalf of proposed plaintiff. TOR and marked as Exh.
He also filed draft chamber summons a/w. Affidavit in support.
O-Leave granted to register draft chamber summons.
Matter adjd to 25.07.2023 for reply in NM 582/23 and NM 1845/19/service affidavit in ch/s.
Next Purpose: REPLY
Next Hearing Date: 25-07-2023

Date: 24-04-2023
Business: None present for plaintiff.
Adv.Pranav Devkar for defendant No.1 and 2 present and submits that the plaintiff has expired on March 2023.  Plaintiff\''s advocate to take necessary steps if plaintiff has expired.
Matter adjd to 25.07.2023 for steps/reply in NM 582/23 and NM 1845/19.
LO at 05.40 pm
Adv.Sagar Batavia present and filed vakalatnama on behalf of proposed plaintiff. TOR and marked as Exh.
He also filed draft chamber summons a/w. Affidavit in support.
O-Leave granted to register draft chamber summons.
Matter adjd to 25.07.2023 for reply in NM 582/23 and NM 1845/19/service affidavit in ch/s.
Next Purpose: REPLY
Next Hearing Date: 25-07-2023

Date: 25-07-2023
Business: H.H.J.SHRI. N. G. SHUKLA (C.R.NO.63)
Matter pertaines to C. R. 62.
Advocate  Sagar Batavia for plaintiff present. and tendered register Chamber Summons  No. 989 of 2, he also file reply to Notice of Motion No. 582/23 t.o.r. marked as Exh.20.
Advocate Pranav Devkar for  Defendant present and file reply to Notice of Motion No. 1845/19 t.o.r. marked as Exh.21.
Matter is adjd. to 06-09-2023. for NM Hrg
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: Adv. Sagar Batavia  for plaintiff present.
Adv. Pranav Devkar for defendants present and filed reply in C/S No.989/23 t.o.r. marked as Exh.22
Adv. Sagar Batavia  for plaintiff received copy of Exh. 22.
The defendant have also filed two applications for production of documents t.o.r. marked as Exh.23 and Exh. 24 respectively.- The production of documents stands allowed. Furnishing copy to the opposite party.
Matter is adjd.to 19-10-2023 for Nm hrg.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: Court is on leave.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 01-12-2023

Date: 19-10-2023
Business: Court is on leave.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 01-12-2023

Date: 01-12-2023
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 07-02-2024

Date: 01-12-2023
Business: Court is on leave.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 07-02-2024

Date: 07-02-2024
Business: Adv. Sagar Batavia for plaintiff present.
None for defendant
As Court is busy in dictating judgment in SU 600/13.
Matter is adjourned to 22-03-2024 for NM Hrg.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: Adv. Sagar Batavia for plaintiff present.
Defendant no. 1 in person present.
Matter is adjourned to 27-03-2024 for  NM Hrg.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: Presiding Officer is on leave.
Hence, Matter is adjourned
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 30-03-2024

Date: 27-03-2024
Business: Presiding Officer is on leave.
Hence, Matter is adjourned
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 30-03-2024

Date: 30-03-2024
Business: Asha Danani proposed plaintiff present.
Defendant no. 1 in person and CA of defendant no. 2 present.
Adv. Sagar Batavia for applicant in C/S No. 989/23 present and filed pursis for withdrawing C/S and disposed of the suit,  it is taken on record and marked as Exh.25
ORDER  The Applicant namely Mrs. Asha Damania has taken out the present notice of motion for substituting the plaintiff by her.  She is legal representative of the original plaintiff. The said applicant in her affidavit in support stated that during the pendency of the present suit, the sole plaintiff passed away on 13.03.2023.  She is the widow of the said deceased plaintiff and the sole legal representative.
The defendant offered no objection for allowing the chamber summons which is taken out on 24.04.2023 i.e. within the prescribed period of the limitation contemplated under Article 120 of Limitation Act.  In this view of the matter, I do not find any just and proper reason to refuse the chamber summons but to allow the same.  Hence, I proceed to pass following Order-
1) Chamber Summons No.989 of 2023 stands allowed in terms of prayer clause (a) and (b).
2) The applicant shall carry out the requisite amendment in the plaint on or before next date.
3) Chamber Summons No.989 of 2023 stands disposed of accordingly.
Matter is adjourned to 06-04-2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-04-2024

Date: 06-04-2024
Business: Adv. Sagar Batavia for plaintiff present.
None for defendant
 Order below Exh. 1
Since the plaintiff Mrs. Asha Mahendra  Danani doesnt want to proceed with suit against any of the defendants, who have no objection for withdrawing the suit unconditionally, the suit is allowed to be withdrawn as sought by the plaintiff vide pursis Exh. 25. The suit stands accordingly disposed of as withdrawn under Order 23 Rule 1 of the C.P.C. The pending Nms therefore stands disposed of as withdrawn.
Nature Of Disposal: WITHDRAWL
Disposal Date: 06-04-2024

Main Case No: SUIT/0101331/2019
Main Cnr: MHCC010041682019
Main Filing No: 111447

Registration Number: 101845/2019
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: 105645/2019
Filing Date: 23-05-2019
First Hearing Date: 07th June 2019
Decision Date: 06th April 2024
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE