Date: 14-06-2018
Business: Adv. Irani for Plaintiff present.
He tender Original NM No. 2095 / 2018.
Adv. Arvind Shriwastava for defendant present.
Oral request of advocate
Adjd. To 17.09.2018 for Hearing on preliminary issue
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 17-09-2018
Date: 17-09-2018
Business: Adv. Irani for the Plaintiff present
Adv. Arvind Sriwastava for the defendant present
Heard both the sides.
Heard Ld.advocates of both the sides in the present case, the preliminary issue under section 9 A of CPC was framed. As per the recent amendment, now the Section 9A is deleted. The preliminary issue as framed in the suit shall be deemed to be issue framed under Order XIV of the C.P.C.and shall be decided along with the other issues.
Order below N/m No. 2095/2018
Perused notice of motion which is supported by an affidavit.
Heard learned advocates of both the sides.
Without going into the merits of this notice of motion, in view of the statement made by the defendant on 27/4/2018 is accepted as an undertaking . Accordingly, the notice of motion is made absolute in terms of prayer clause (a) in view of the statement of the defendant. N/M no. 2095/18 is disposed of accordingly. It be removed from the board.
Adjd. To 28.01.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-01-2019
Date: 28-01-2019
Business: Adv. Irani for Plaintiff present.
Adv. Joshi for Defendant present.
Adv for Defendant submitted that there is possibility of settlement.
Adv for Plaintiff has no objection for referring the matter for mediation.
Keeping in view that there is possibility of settlement, the matter is referred for mediation.
Parties are absent.
Issue notice to them for appearance before Mediator on 12.02.2019.
Adj for mediation report to 05.03.2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 05-03-2019
Date: 05-03-2019
Business: Adv. Irani for Plaintiff present.
Adv. Kalpesh Joshi for Defendant present.
Adj for mediation report to 18.04.2019.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-04-2019
Date: 18-04-2019
Business: Ex.2 Mediation report is received.
Mediation is failed.
Ex.3 Adv. Irani filed V/n for Plaintiff t.o.r.
Adj for directions to 01.07.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 01-07-2019
Date: 01-07-2019
Business: Adv. Mahek for Plaintiff present.
Adv. Nisha Shah for Defendant present.
Defendant failed to file written statement.
Therefore, suit to proceed without WS against the defendant.
Adj for R/E to 20.08.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Adv. Irani for Plaintiff present.
Adv. Vaibhavi Parchate for defendant present.
Adv for Plaintiff sought adjournment as Plaintiff wants to take certain steps.
Therefore, adjournment is granted.
Adj for R/E to 04.10.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Plaintiff and his adv. Absent.
Adv. Prachi Shah for defendant present.
Plaintiff has not adduced evidence. In the interest of justice.
Adj 18.11.2019 for evidence
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: None present for plaintiff.
Adv. Prachi Shah for defendant present.
She tendered draft NM.t.o.r.
O- Leave granted to register it.
Copy be served upon other side.
Adjourned for NM service to 13.12.2019
Next Purpose: SERVICE
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: Adv. Sandeep Bhimekar for plaintiff present.
Adv. Prachi Shah for defendant present.
She tendered registered NM no 4414/19.
Copy is already served upon plaintiff.
Adv. for plaintiff sought time to file reply Granted.
Adjourned for NM reply to 24.01.2020.
Next Purpose: REPLY
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: None present for plaintiff.
Adv. Paras Shah for defendant present.
Reply not filed by the plaintiff. So NM No. 4414/19 is proceed further without reply of NM.
Adjourned for NM hearing to 15.02.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Plff and his Adv absent.
Adv Vaibhavi Palsate for deft present.
NM is already proceeded without reply of plff.
Heard Adv for deft.
Matter stands Adj for NM order to 20/02/2020.
Next Purpose: NM ORDERS
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Adv Prachi Shah for deft present.
F. R. S. R. following order is passed -
Order
1. Notice of Motion No. 4414 of 2019 is allowed and made absolute in terms of prayer clause (c) only subject to costs of Rs. 5,000/- to be paid to the plaintiff within 15 days from the date of order.
2. After payment of costs, written statement of defendant be taken on record.
3. Accordingly, notice of motion is disposed of.
Matter stands Adj for compliance to 13/03/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Plff and its Adv absent.
Adv Vaibhavi Parchake for deft present.
She filed on record letter dated 28/02/2020 stating that cost of Rs. 5,000/- is paid to the plff through cheque.
Hence, WS of deft is taken on record and marked as Exh. 04. Copy be served to Adv for plff.
Matter stands Adj for compliance to 17/04/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: National Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: Bhojraj Baral for defendant present. He filed application for compliance of order dated 20.02.2020. TOR. Marked at Exh.5
Adjd. To 27.01.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Adv Prachi Shah for deft present.
Matter stands Adj for Compliance to 26/02/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. Bhumi Jain for defendant present.
She filed pursis steting that cost of Rs. 5,000/- is paid to the plaintiff In view of compliance of order dated 20/02/2020.
She filed application dismissal of suit under order 15A of the CPC. TOR.
Copy served to plaintiff or his Advocate.
Matter stands Adj to 09/04/2021 for Reply on Exh. 6
Next Purpose: REPLY
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: None present.
Matter stands Adj for NM Reply to 11/06/2021.
Next Purpose: REPLY
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Business: Due to Covid - 19
Next Purpose: REPLY
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv Vaibhavi for plff present.
None for deft.
Matter stands Adj to 20/10/2021 for Reply on Exh. 06
Next Purpose: REPLY
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv Sandip Bimekar for plff present.
He submitted that plff is ill and he wants to consult with the plff for filing reply on Exh. 06. Adjournment granted as last chance.
Adv Prachi Shah for deft present.
Matter stands Adj for Reply on Exh. 06 to 05/01/2022.
Next Purpose: REPLY
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv.Sandeep Bhimekar for plaintiff present.
Exh 06A - He filed reply to Exh.6. TOR. Copy be given to advocate for defendant.
Matter stands Adj for hearing on Exh.6 on 02.02.2022.
Next Purpose: HEARING
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: P.O. is on leave. Matter is adjd to
Next Purpose: HEARING
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Advocate Mr. Sandeep Bhimekar for plaintiff present.
None for defendant.
Heard advocate for plaintiff on Exh.6.
F.R.S.R. following order is passed :-
ORDER
Application (Exh. 6) is rejected.
Matter stands Adj for Draft Issue to 27-06-2022.
Later on
Advocate Mr. Amar Parab for defendant present.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Adv. Sandeep Dhimekar for plaintiff present.
He inform regarding death of defendant. He seek time to bring LRS. Time granted.
None for defendant.
Matter is adjd for steps to 19/08/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv. Sandeep Dhimekar for plaintiff present.
Sole defendant is reported to be dead. No steps are taken to bring LR\''s on record. Time granted as last chance for steps on the request of advocate for plaintiff.
Parties are directed to give CTS number of suit property.
Matter is adjd for steps to 23/09/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: Adv. Sandeep Bhimekar for plaintiff present.
He filed application Exh 7 under order 22 rule 4A of CPC. TOR. Copy served on advocate for deceased defendant. He submitted that their are legal heirs of defendant. He also undertakes to give names of LR\''s of defendant.
Adv. S. M. Zahid for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for steps to 18/11/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv. Sandip Bhimekar for plaintiff present.
He submit that he has received details of LR\''s of deceased defendant and seek time to take steps. Application Exh 7 is not pressed for hearing on behalf of plaintiff, hence application Exh 7 stands disposed off.
None for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for steps to 10/01/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Adv. Sandeep Bhimekar i/b J. Sagar Associate for plaintiff present.
He tendered draft ch/s. Leave is granted to register it. He is directed to serve copy on other side.
None for defendant present.
Matter adjourned for service of ch/s to 24/03/2023.
Next Purpose: SERVICE
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Adv. Sandeep Dhivekar for plaintiff present.
He filed affidavit of service. TOR.
Adv. SMA Zahir appeared for respondent no. 1 to 3 and filed V/p Exh 8. TOR.
Plaintiff is directed to tendered register ch/s on record.
Matter adjourned for steps to 16/06/2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-06-2023
Date: 16-06-2023
Business: Adv. Mr.Sandeep Bimekar for plaintiff present. He tendered registered C/S 340/2023. Copy served on other side.
Adv. Mr. SMA Zahir appeared for respondent no. 1 to 3 present.
Heard arguments.
KB
LO
FRSR following order is passed -
ORDER
1. Chamber summons no. 340 of 2023 is hereby allowed with no order as to costs.
2. Permission is granted to bring LR\''s of deceased defendant on record.
3. Plaintiff is permitted to carry out necessary amendment in the plaint.
4. Amendment be carried out within 14 days from today.
5. Plaintiff to file copy of amendment plaint.
Matter adjourned for compliance on 24.07.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-07-2023
Date: 15-07-2023
Business: BY PRECEIPE
Adv. Mr. Sandeep Bhimekar for plaintiff present and filed application to extend the time of 4 weeks to carry out amendment in the plaint and to dispense the re-verification of plaintiff. O- Allowed.
Matter adjourned for Compliance on 24.07.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: As PO is on leave, board discharged and matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: Advocate Ms. Sana Jamadar i/b Advocate Zahir appears for all defendant and undertakes to file V/P on next date.
Plaintiff and advocate absent.
L.O. at 12.30 P.M.
Advocate Mr. Bhimekar for plaintiff present.
Matter adjourned for additional Written Statement on 31.10.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 31-10-2023
Date: 31-10-2023
Business: Advocate Mr. Sandeep Bhimekar for plaintiff present.
Defendant and advocate absent.
Later on at
Advocate Mr. S.M.A Zahir appears for defendant no. 1a to 1c and filed Vakalatnama. Taken on record and marked as Exhibit-9.
Plaintiff and defendant filed Joint pursis to delete name of defendant no. 1d. Taken on record and marked as Exhibit-10. O- Allowed.
Matter adjourned for Written statement on 05.12.2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-12-2023
Date: 05-12-2023
Business: Advocate Mr. Sandeep Bhimekar for plaintiff present.
Defendant and advocate absent.
O- Last chance granted to defendant to filed Written statement.
Matter adjourned for Written statement on 24.01.2024.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Advocate Mr. Sandeep Gimekar i/b Jayesh Sagar associates for plaintiff present.
Kept back
Later on at 11.45 A.M.
Advocate Mr. S.M.A. Zahir for defendant present.
Advocate for Defendant filed Pursis to adopt the original Written statement for LRs of defendant taken on record and marked as Exhibit-11.
O-Seen.
Matter adjourned for additional issues on 21.02.2024.
Next Purpose: ADDITIONAL ISSUES
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: PO is on training, hence matter is adjourned.
Next Purpose: ADDITIONAL ISSUES
Next Hearing Date: 01-04-2024
Date: 01-04-2024
Business: (BY PRAECIPE)
Advocate Ms.Anushka Panchmatia i/b JSA for plaintiff present.
Advocate Mr. S.M.A Zahir for defendant present.
CA Mr. Siddharth Ashar for plaintiff company present.
Defendant no. 1(a) to 1(c) present.
Plaintiff and defendants have filed consent terms. Taken on record and marked as Exhibit-12.
Plaintiff and defendants admitted the contents of consent terms and their signatures on it. Consent terms seems to be voluntarily.
In view of consent terms vide Exhibit-12, Suit No.1201 of 2018 is disposed of as compromise.
Decree be drawn up vide consent terms Exhibit-12.
Court fees be refunded as per rules.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 01-04-2024
