Ms. Sarita Pradhan +1 moreVsMr. Sudarshan Satramdas Motwani

Date: 07-08-2018
Business: Adv. Mr. Mayank Pagla for the Plaintiff present.
Adv. Mr. Kureshi for Defendant present.
Ms. Sweta Korgaonkar from office of Architect present.
Report submitted by Architect. t.o.r.
Envelope of the report opened before the court, there are 3 sets of report. Sheristedar is directed to give report to the plff and the deft. Accordingly, adv for the plff and the deft received report before the court.
Matter is adjd. to 27.08.2018 for hearing on the report.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2018

Date: 27-08-2018
Business: Adv. Mr. Mayank Pagla for the Plaintiff present.
Adv. Mr. Qureshi for Defendant present.
Adv for the plff and the deft informed the court that from report of Architect, there is necessity to appoint Structural Engineer for investigation of cause of leakage. Hence by consent of the plffs and deft, Registrar (C) is directed to appoint Structural Engineer on the panel, as a commissioner of the court for determination of cause of leakage in flat no. D/1201, and directed to submit report without fail on or before 4.10.2018.
The plffs and the deft shall pay charges of the commissioner equally.
Matter is adjd. to 4.10.2018 for report.
Next Purpose: REPORT
Next Hearing Date: 04-10-2018

Date: 04-10-2018
Business: Adv. Ms. Pallavi Dinkar for the Plaintiff present.
None present for the deft.
The court is busy in dictating orders and mediation matters. Hence board is discharged.
Matter is adjd. to 19.10.2018
Next Purpose: REPORT
Next Hearing Date: 19-10-2018

Date: 19-10-2018
Business: Adv. Ms. Pallavi Nimkar for the Plaintiff present.
Adv. Mr. Mendonsa for Defendant present.
Application tendered by the plff. t.o.r. O-other side to say.
Matter is adjd. to 26.11.2018 for reply to Exh. 5 by the deft.
Next Purpose: FILING SAY
Next Hearing Date: 26-11-2018

Date: 26-11-2018
Business: Adv. Mr. Bagla for plaintiff present.
Adv. Mr. Mendonsa for defendant present.
It is directed to the defendant to allow the Structural Architect to take inspection of his flat on 3rd and 4th December.
Structural Engineer is directed to carry out inspection work on 3rd  and 4th December. Considering the difficulty stated by the deft in respect of carrying on inspection work on 27 and 28 November.
Matter is adjourned to 11.01.2019 for awaiting inspection report.
Next Purpose: FILING SAY
Next Hearing Date: 11-01-2019

Date: 11-01-2019
Business: Adv. Ms. Pallavi Nimkar for the Plaintiff present.
Adv. Mr. Krishanan for Defendant present.
Awaiting inspection report.
Matter is adjd. to 6.04.2019 for awaiting inspection report.
Next Purpose: REPORT
Next Hearing Date: 14-01-2019

Date: 14-01-2019
Business: By precipe.
Adv. Ms. Pallavi Nimkar for the Plaintiff present.
Inspection report tendered by the plff. t.o.r.
The date is preponed to 2.02.2019
The plff is directed to inform about the perponement date to the other side.
Matter is adjd. to 2.02.2019
Next Purpose: REPORT
Next Hearing Date: 02-02-2019

Date: 02-02-2019
Business: Adv. Mr Mayank Bagla for the Plaintiff present.
Representative on behalf of the deft Mr. Direndra Kumar present.
In presence of plff and representative of deft, envelope is opened.
Structural audit report. t.o.r.
Copies of structural audit report handed over to the plff and the deft.
Matter is adjd. to 11.03.2019 for hearing on report/ N/M hearing.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-02-2019

Date: 15-02-2019
Business: Mentioned by pracipe. NOB. TOB.
Adv. Dalal for plaintiff and Adv. Mendonsa for defendant are present.
  Adv. Dalal submits that the architect/Court Commissioner has reported that the structural audit of entire building is required to be carried out, in spite of the fact that the dispute restricts to the problem of leakage from the flat of defendant in the flat of plaintiff which are respectively located on 13th and 12th floors of the building.  Adv. Mendonsa seeks time to make submissions.
Kept back
L.O. at 2.45 p.m. Adv. Mendonsa for def. Submits that the proposal made by Adv. Dalal is not acceptable.
Adv. Dalal submits that necessary orders will be passed in the matter.
      Considering the rival submissions as well as the reliefs claim in the plaint for mandatory injunction requiring the defendant to carry out the work of water proofing for the purpose to stop leakage etc.,  it is necessary to hear Mr. Amol Shetgiri, Shetgiri and Associates therefore, he is directed to remain present in this Court on 22.02.2019.  Either of the advocates to intimate Mr. Shetgiri to remain present before the Court on 22.02.2019 in the first sessions.
Adjd for hearing to 22.02.2019.
Next Purpose: HEARING
Next Hearing Date: 22-02-2019

Date: 22-02-2019
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 28-02-2019

Date: 28-02-2019
Business: Resumed.
Adv. Mayank Bagla for plaintiff and Adv. Qureshi for defendant and Mr. Amol Shetgiri the Court Commissioner are present.
        Mr. Shetgiri spells out the reasons for the leakage and also explain the recommendations in his report to the satisfaction of both the parties.
          Both the Ld. advocates submit that the matter can be settled by carrying out the repairs of the terrace involved in the suit.  Adv. Bagla submits that the society has already started repairing leakage from other walls of the entire building.  They also submits that the repairs if any to be carried out for stopping the leakage from terrace the same should be done under the supervision and recommendation of Mr. Shetgiri and they will make submission on next date.  It is also suggested by Adv. Qureshi that upon carrying out such repairs the suit should be withdrawn by the plaintiff.
Adjd for submissions/suggestions to 04.03.2019.
L.O. at 5.35 p.m. The representative of Shetgiri and Associates tendered bill for his professional charges.  O- Parties to say.
Next Purpose: FILING SAY
Next Hearing Date: 04-03-2019

Date: 04-03-2019
Business: Resumed.
Adv. Mayank Bagla for plaintiff and Adv. Mendonza for defendant are present.
Adv. Mendonza on instructions submit that the defendant wants to engage water proofing expert in order to repair the leakage with least damage to the terrace.  According to him if it is not possible the defendant will carry out the repairs as suggested by Mr. Shetgiri.  It appears from record that Mr. Shetgiri was appointed in August 2018 and the matter is stretched till today without any substantive work done and in spite of the fact that he was appointed by consent.  Under such circumstance the submissions made on behalf of defendant cannot be considered.  Therefore, defendant is directed to carry out the work of repairs under the supervision and recommendations of Mr. Shetgiri and report the compliance r/o 02.04.2019.
     Both the parties and Mr. Shetgiri to act upon an ordinary copy of this order duly authenticated by Sheristedar of this Court.
Adjd for filing say to 02.04.2019.
Next Purpose: FILING SAY
Next Hearing Date: 02-04-2019

Date: 02-04-2019
Business: Resumed.
Adv. Mayank Bagla with plaintiff and Adv. Kiran Desai with defendant are present.
Exh. 9 - Reply to Exh. 6.
Adv. Bagla handed over copy of e-mail received from Mr. Shetgiri to Adv. Desai for defendant.
     This Court has already given directions on 04.03.2019 to both the parties and Mr. Shetgiri about the work of repairs.  In view of the same the defendant is directed to comply with the said order and also pay of the arrears of the professional fees of Mr. Shetgiri.
     M/s. Shetgiri and Associates work on these directions. Both the parites and Mr. Shetgiri to act upon the order of this court duly authenticated by Sheristedar of this Court.
Adjd for filing report of compliance of the order dtd. 04.03.2019 to 22.04.2019.
Next Purpose: FILING SAY
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Resumed.
Adv. Radhika Vyas for plaintiff and Adv. Kiran Desai for defendant are present.
Adv. Desai seeks time on the ground that an A.O. has been preferred against the order dtd. 04.03.2019 and the same has been listed before the Hon\''ble High Court (Coram - K. K. Tated, J.) at 4.30 p.m. for interim reliefs.
Adv. Vyas objected on the ground that work of inspection is not carried out though directed.  Considering the fact that the matter is preferred in appeal.
Adjd for compliance to 30.04.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-04-2019

Date: 30-04-2019
Business: Resumed.
Adv. Ms. Vyas for plaintiff and Adv. Ms. Desai for defendant are present.
According to Adv. Desai matter has been kept before the Hon\''ble High Court today for hearing.
Adv. Vyas objected on the ground that there is no stay.
Exh 10 - Application for adjournment by defendant.  Time is granted as last chance.
Adjd for compliance to 03.05.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-05-2019

Date: 03-05-2019
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: Adv. Mr. Sudarshan Maherswari for plaintiff present.
Adv. Mr. Kiran Desai for defendant present.
As court is busy in dictating judgment in SU no. 6631/84. Hence, board discharged.
Case is adjourned to 17.9.2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: None present for Plaintiff.
None present for Defendant.
Roznama dated 30/04/2019 shows that adjmt was sought by Plaintiff and it was granted by my learned predecessor as last chance.  It is made clear that if the compliance report as directed by my learned predecessor on 04/03/2019 will not be filed by parties, court will be compelled to dismiss the suit.
Case is adjourned to 15/11/2019 for compliance.
L.O.
Advocate Mayank Bagla for Plaintiff present
Advocate Kiran Desai for Defendant present and filed draft Notice of Motion with affidavit in support of Notice of Motion for directions to respondent M/s Lake Casel CHS for conducting structural audit of entire suit building.  From record, it becomes clear that M/s Lake Case CHS Limited is not party to the suit hence no directions can be given against said society unless it is party to the suit hence Leave can not be granted to the register NM.

Advocate for Defendant submitted that order passed by Hon\''ble High Court in AO no.11734/19 is challenged by Defendant by filing SLP before Hon\''ble Apex Court. It is made clear that if till next date Defendant will not get stay to the order dated 04/03/2019 passed my learned predecessor and stay to the order passed by Hon\''ble High Court in above referred appeal from order, the court will be compelled to pass strict orders against Defendant.
Case is adjourned to 16/10/2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: Court is busy in recording of evidence in suit no.922/17 and other matters, hence case is adjourned to 02/11/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: Advocate Mr. Mayank Bagla for Plaintiff present and filed uncertified copy of order passed by Hon\''ble Apex Court on 30/09/2019 in Petition (s) for Special leave to Appeal (c) No(s).23191/2019 and Plaintiff\''s advocate submitted that in view of order of Hon\''ble Apex Court Notice of Motion filed by Plaintiff on 23/04/2018 is necessary to be disposed off.
Advocate Mr. Matkar with Ms. Kiran Desai for Defendant present and filed list of documents, t.o.r.  Defendant\''s advocate submitted that today Defendant has filed list of documents in which uncertified copy passed by Hon\''ble Apex Court on 30/09/2019 in Petition(s) for Special leave to Appeal (c) No(s).23191/2019 is filed by Defendant.  It is further submitted by Defendant\''s advocate that Plaintiff is master of the suit and as submitted by Plaintiff\''s advocate, draft Notice of Motion filed in the Court on 23/04/2018 can be disposed off.  Defendant\''s advocate further submitted that in view of order passed by Hon\''ble Apex Court, not only Notice of Motion filed by Plaintiff but also suit is necessary to be disposed off.  In reply Plaintiff\''s advocate submitted that the suit should remain pending and it will be withdrawn by Plaintiff after repair as ordered by Hon\''ble Apex Court.
Considering submissions made on behalf of the parties, draft Notice of Motion filed by Plaintiff in the court on 23/04/2018 stands disposed off.  It be numbered for statistical purpose.
Plaintiff is directed to file affidavit on record in respect of the repair of suit premises as ordered by Hon\''ble Apex Court.  It is made clear that, after filing of such affidavit by Plaintiff, if Plaintiff will not withdraw the suit court will have to pass order for disposal of the suit.
Case is adjourned to 11/02/2020 for compliance/ filing affidavit by Plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: Advocate Jain for Plaintiff present.
Advocate Kiran Desai for Defendant present.
Court is busy in recording evidence in suit no.1749/11 and suit no.104/1990 and court has to dictate Judgment in  suit no.3677/11, hence case is adjourned to 21/04/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Business: National Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Business: Adv.Mayank Bagala a/w Adv.Ms.Stacie Rodrigues for plaintiff present.
Adv.Rajeev Matkar a/w Adv.Kiran Desai for defendant present.
Plaintiff\''s advocate submitted that the copies of documents filed with list with documents Exh.11 are not available with him, immediately defendant\''s advocate supplied the copies of the documents below Exh.11 to plaintiff\''s advocate.
Plaintiff\''s advocate submitted that on next date he will file the affidavit of compliance as ordered by this Court on 02/11/2019.
Considering the submissions case is adjd. for compliance to 04/11/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: Advocate Mr. Mayank Bagala a/w Ms.Stacie Rodrigues for plaintiffs present and filed an application for adjournment, t.o.r. and marked as Exh.12.
Advocate Mr. Rajiv Matkar a/w Ms. Kiran Desai for defendants present.
Considering ground mentioned in application filed by plaintiff, by consent case is adjourned to 02/12/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: Advocate Ms. Urshita Jain I/b AAK Legal for plaintiff present and filed adjournment application t.o.r. and marked as Exh.13.  O-Other side to say.
Advocate Ms. Patel h/f adv. Kiran Desai for Defendant present and filed say on Exh.13 itself.
Order on Exh.13- Perused application and say,  considering ground mentioned in application, adjournment granted.
Case is adjourned to 05/01/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: None present for Plaintiffs.
Adv Mr. Matkar for Defendant present.
Learned advocate for Defendant has brought to the notice the order dt.02.11.2019 passed in roznama by the learned Predecessor of this Court. Matter is being adjourned from time to time due to Covid-19 Pandemic.
As nobody is present for Plaintiff today, mater is adjourned for compliance to 05.04.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: Adv Ms. Stacie Rodrigues i/b AAK Legal for plff. present.
None present for deft.
Adv for the plff seeks time for compliance.
As nobody is present for the deft, on request of adv. for the plff, considering the present pandemic condition, matter is adjd. for compliance to 27.04.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: None present for both the parties.
K.B.
L.O.at 5.25 p.m.
None present for both the parties.
Court is busy in hearing arguments in other matters hence, as both parties are absent, this matter is adjd. at same stage till next date.
Matter is adjd. for compliance to 20.11.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: None present for both parties.
Court is busy in other matters hence, this matter is adjd. at same stage till next date.
Matter is adjd. for compliance to 07.01.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: None present for both parties.
K.B.
L.O. at 3.45 p.m.
None present for both parties.
Considering the present pandemic condition, matter is adjd. at same stage till next date.
Matter is adjd. for compliance to 21.03.2022.
Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: None present for both parties.
Plff has not complied with the direction given in roznama dt.02.11.2019 hence, matter be kept for dismissal order.
Matter is adjd. for dismissal order to 20.06.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv.Richa Shetty for plaintiff present.
None present for defendant.
KB
LO at 12.25 pm,
Adv.Richa Shetty for plaintiff present.
The Ld.Adv.for the pltff. submits that contempt petition is pending before Honble Supreme Court. She requested for adjournment.  It appears that stay is not there. Suit is already kept for dismissal, hence, adjd to 21.07.2022 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: None present for both sides.
KB
LO at 12.05 pm
Adv.Sarita Pradhan for plaintiffs present.
The Ld.Adv.for the plaintiff sought adjournment on the ground of contempt petition pending before the Hon\''ble Supreme Court. Adjournment granted as last chance. Plaintiff remove that the suit is in the caption of dismissal.
Matter adjd to 26.09.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: Adv.Siddharth Rajamohan i/b.AAK Legal for plaintiff present. He submits that plaintiff wants to withdraw the suit but the plaintiff is not in the town. Case is referred to lok-adalat.
Matter adjd to 12.11.2022 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022

Date: 12-11-2022
Business: Adv. Sajed Sayyed for plaintiff present.
Plaintiff absent.
None for defendant.
Matter is adjourned to 19-12-2022
Not settled.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Adv.Ashish Jha i/b.AAK Legal for plaintiff present.
None present for deft.
KB for withdrawal of suit.
LO at 03.25 pm
Adv.Ashish Jha i/b.AAK Legal for plaintiff present and filed application for withdrawal of the suit. TOR and marked as Exh.14.
Heard the Ld.Adv.for the plaintiff. Adv.for the plaintiff submits that the plaintiff wants to withdraw this suit unconditionally. Hence, following order is passed below Exh.14.
ORDER BELOW EXH.14
1. The application Exh.14 is allowed
2. The plaintiff is allowed to withdraw this suit unconditionally.
3. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
Read the application, Exh.14 and today\''s order passed thereon.  The plaintiff wants to withdraw this suit unconditionally. In view of order below Exh.14, said request is allowed. Hence, I pass the following order.
ORDER
1. Suit is dismissed as withdrawn unconditionally.
2. Parties to bear their own costs.
3. The plaintiff is entitled for refund of Court fees as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 19-12-2022

NOTICE OF MOTION/104027/2019

Registration Number: 101861/2018
Transfer Date: 12-06-2019
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101861/2018
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: 106029/2018
Filing Date: 23-04-2018
First Hearing Date: 07th August 2018
Decision Date: 19th December 2022
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE