M/s. P. M. ConstructionsVsMrs. Anna Marques +1 more

Date: 02-08-2019
Business: Proprietor of Plaintiff Firm Mr. Emacus Dias is present. Adv absent.
Defendants are present. Adv absent.
Defendants are directed to file their written statement within the prescribed period of 30 days from the date of service of writ of summons upon them.
Adj for written statement to 09.10.2019.
L.O.
Adv. Martis for Plaintiff present.
Ex.2 Original writ of summons filed by Adv for Plaintiff t.o.r.
Already adj to 09.10.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Adv. Clifford Martis for Plaintiff present.
Defendant no 2 present.
Adv. Arun Singh appear for defendant no 1 and 2.
Ex 3 He filed vakalatnama t.o.r.
He also filed draft notice of motion t.o.r.
O- Leave granted to register the same.
Copy is served upon plaintiffs.
Reply filed by advocate for plaintiffs to draft notice of motion.
Head both sides.
ORDER PASSED BELOW DRAFT NOTICE OF MOTION
Perused draft notice of motion, affidavit in support of it and reply of plaintiffs. Heard respective counsel for parties.
Draft notice of motion is taken out by defendants to condone delay caused in filing written statement and to take the same on record.  It is contended that delay was caused as defendants had taken time for retrieving old documents and collecting details of old proceeding filed by the land owners against the plaintiffs.  It is further contended that delay caused is not deliberate and intentional.  Accordingly, they made prayer in above terms.
Plaintiffs opposed notice of motion on the count that reason assigned is not plausible and prayed to dismiss notice of motion.
It is a settled law that Order VIII Rule 1 of CPC is not mandatory and in specific circumstances written statement can be accepted with reasons. It is also held that in an adversarial system, no party should be denied an opportunity in participation of the justice dispensation system (Salem Bar Association V/s Union of India 2003 AIR SCC 189 and Zolba V/s Keshav 2008 AIR SCC 2099). In view of this legal position, now, I consider notice of motion.
Defendants have given details about the previous proceedings which they have collected and also specifically stated that they required time to collect documents and information about the previous proceedings so they could not file written statement within prescribed time. Reason assigned by them is sufficient to condone delay caused in filing written statement.  Delay caused is not inordinate and it cannot be termed as deliberate. More so, defendants have shown their bona fide by annexing written statement along with notice of motion. In above facts and circumstances I am inclined to allow draft notice of motion with certain costs.
Hence, passing following order.
ORDER
1.Draft notice of motion is allowed and made absolute in terms of prayer clause (a) subject to costs of Rs.1000/- (Rupees one thousand only) to plaintiff within period of one week from the date of this order.
Defendants are at  liberty to deposit costs payable to plaintiffs in the Court.
2.On payment of costs written statement of defendants be taken on record and marked exhibit.
3.Draft notice of motion be registered for statistical purpose.
4.Accordingly, draft notice of motion is disposed off.
Costs paid by defendants to proprietor of plaintiffs.
Exh.4 - Written statement of defendant.
Copy is given to other side.
Exh. 5 Counter Claim filed by the defendants t.o.r
Copy is given to other side.
Other side as to filed W/S within prescribed time.
Adjd for Direction to 16.12.2019
Next Purpose: DIRECTIONS
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: By preceipy,
Adv. D\''silva for plaintiff/ defendant in counter claim present.
Ex 6 W/s in counter claim filed by defendant in counter claim. t.o.r.
Already adjourned to 16.12.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: Proprietor of plaintiff present.
Adv. Arun Singh for defendant present.
Copy of W/s in counter claim is already served upon defendant through advocate.
Adjourned for framing issue to 11.02.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: Adv Clifford Martis for plff present.
Adv Arun Singh for deft present.
Both side prayed for draft issues.
Matter stands Adj for draft issues to 08/04/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: National Lockdown
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Adv Arun Singh for deft present.
Matter stands Adj for Draft Issues to 09/03/2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Plaintiff present.
Adv. Clifford Martis for plaintiff present.
He filed draft issues.
None for defendant.
Matter stands Adj to 20/04/2021 for draft issues by defendant.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-08-2021

Date: 20-08-2021

Date: 26-11-2021
Business: Emacis Dias, Proprietor of plff co present.
His Adv absent.
None for deft.
Matter stands Adj for Draft Issues by Deft to 15/02/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: P.O. is on leave, matter is adjd to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: P.O. is on leave. Matter is adjd to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Adv. Cliffort Martis for plaintiff present.
Defendant and advocate absent, did not submit draft issues.
Adjd for draft issues as a last chance to 24.08.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Plaintiff present.
None for defendant present.
Draft issue not filed by defendant.
Matter is adjd for framing issue to 18/11/2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: Proprietor of Mr. Dias for plaintiff present and his advocate absent.
Adv. Arun Singh  for defendant present. KB.
L.O.
Adv. Clifford Martis for plaintiff present.
Issues Framed Exh ...
Parties are directed to give CTS number of suit property.
Matter is adjd for R/E to 01/02/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: Mr. Proprietor of Mr. Dias for plaintiff present and his advocate absent. He seek time for R/E. Time granted.
Adv. Arun Singh for defendant present.
Parties are intending to settle matter. Hence matter be kept before Lok-adalat to be held on 11/02/2023. Advocate for defendant undertake to intimate date of Lok-adalat to defendant.
Matter adjourned for settlement to 11/02/2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-02-2023

Date: 11-02-2023
Business: National Lok Adalat Dated 11.02.202 Panel No.1
Panel Head – HHJ Shri. D.D.Almale
Panel Members – Prof. Ms. Falkanaz Shaikh
Plaintiff present.
Defendant present.
Advocate Martis for plaintiff present.
Advocate Arun Singh for defendant present.
Adjd to 27/03/2023
HHJ Shri.D.D.Almale         Prof. Ms. Falkanaz Shaikh
(Panel Head)           		(Panel Member)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: Proprietor of plaintiff present.
He seek time for R/E. Time granted.
Advocate for plaintiff absent.
None for defendant.
Matter adjourned for R/E to 01/07/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2023

Date: 01-07-2023
Business: Proprietor of Plaintiff company present and filed affidavit of evidence.TOR and marked as Exh-7. He has also filed list of witnesses and list of documents TOR. Plaintiff is directed to serve copy of evidence affidavit, list of witnesses, and list of document to the other side.
Defendant advocate absent.
Matter adjourned for admission / denial on 21.08.2023.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: Advocate Mr. Clifford Martis for plaintiff present.
Advocate Mr. Arun Singh for defendant present and seeks time to file reply of admision / denial. O- Granted.
Matter adjourned for Admission / Denial on 19.10.2023.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: P. O. is on leave
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: Plaintiff present.
Advocate Mr. Praveen Singh h.f. Advocate Mr. Arun Singh for defendant present.
Matter adjourned for Admission / denial on 19.12.2023.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: Proprietor of plaintiff compant present. Advocate absent.
Defendant and Advocate for defendant are absent.
Last chance granted to defendant.
Matter adjourned on 30.01.2024.
L.O.
Adv. Arun Singh for defendant present.
Matter adjourned on 30.01.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: P. O. is on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-03-2024

Date: 16-03-2024
Business: Advocate Mr. P.W. Thorat h.f. Advocate Martis for plaintiff present.
Advocate Mr. Arun Singh for defendant no. 1 present and seeks time. O- Granted as a last chance.
Matter adjourned for Admission Denial on 21.06.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: Advocate Clifford Martis for plaintiff present.
Advocate Arun Singh  for defendant present and filed reply to the document filed by the plaintiff.
Matter is adjourned for Admission / Denial on 02.08.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 02-08-2024

Date: 02-08-2024
Business: Proprietor of Plaintiff present.
Advocate Mr. Arun Singh for defendant present and seeks time. O- Granted.
Matter is adjourned for Admission / Denial on 17.10.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 17-10-2024

Date: 17-10-2024
Business: Plaintiff present.
Advocate Clifford Martis for plaintiff present.
Advocate Arun Singh for defendant present.
The list of document is marked as Exhibit-8
The documents (Exhibit-8) from Sr. No. 1 to 12 are received in evidence for identification purpose only and marked as Exhibit-9 to 20 subject to proof of truth of its contents.
The documents (Exhibit-8) at Serial no. 1 to 12 are exhibited as follows-
Serial no.1 of Exhibit-8 is marked as Exhibit-9.
Serial no.2 of Exhibit-8 is marked as Exhibit-10.
Serial no.3 of Exhibit-8 is marked as Exhibit-11.
Serial no.4 of Exhibit-8 is marked as Exhibit-12.
Serial no.5 of Exhibit-8 is marked as Exhibit-13.
Serial no.6 of Exhibit-8 is marked as Exhibit-14.
Serial no.7 of Exhibit-8 is marked as Exhibit-15.
Serial no.8 of Exhibit-8 is marked as Exhibit-16.
Serial no.9 of Exhibit-8 is marked as Exhibit-17.
Serial no.10 of Exhibit-8 is marked as Exhibit-18.
Serial no.11 of Exhibit-8 is marked as Exhibit-19.
Serial no.12 of Exhibit-8 is marked as Exhibit-20.
Matter is adjourned for Recording Evidence on 16.11.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-11-2024

Date: 16-11-2024
Business: Proprietor of the plaintiff Company Mr. Dias present.
Defendant and advocate absent.
Matter is adjourned for Cross -examination of plaintiff by defendant as a last chance.
Defendant is directed to conduct the cross on next date otherwise no cross order will be passed against him.
Matter is adjourned for Recording Evidence on 08.01.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2025

Date: 08-01-2025
Business: Proprietor of the plaintiff Company present.
Advocate Arun Singh for defendant present.
Later on at 12.20 P.M.
Advocate Mr. Martis for plaintiff present.
Advocate Arun Singh for defendant present and filed  adjournment application. O- Other side to say.
Say filed by plaintiff.
Considering the previous conduct and record, adjournment is granted subject to cost of Rs.1,000/-.
Defendants are hereby specifically directed to conduct the cross-examination on next date, otherwise no cross order will be passed against them.
Matter is adjourned for Recording Evidence on 12.02.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-02-2025

Date: 12-02-2025
Business: Plaintiff present.
Advocate Arun Singh for defendant present.
Advocate Mr. Clifford Martis for plaintiff present.
Defendant paid cost of Rs. 1,000/- to plaintiff.
Court is busy in hearing argument in Honble High Court Time Bound SUIT NO. 2830/2022, hence adjourned.
Matter is adjourned for Recording Evidence on 09.04.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-04-2025

Date: 09-04-2025
Business: Proprietor of Plaintiff present.
Advocate Arun Singh for defendant present.
Matter is adjourned for Recording Evidence on 06.08.2025.
Later on at 11.35 A.M.
Advocate Mr. Clifford Martis for plaintiff present.
Matter is adjourned for Recording Evidence on 06.08.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2025

Date: 06-08-2025
Business: Proprietor of plaintiff company namely Mr. Immacus Dias is present.
Advocate Arun Singh for defendant is present. He seeks time as his client is not present today. He has instructions to withdraw the counter claim in all the suits. He seeks time.
Matter adjourned to 14.10.2025 for Cross-examination of PW- 1 (Recording Evidence) and for withdrawal of Counter Claim.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2025

Date: 14-10-2025
Business: Proprietor of plaintiff company namely Mr. Immacus Dias is present.
Defendant is present.
Advocate Arun Singh for defendant no. 2 is present. He filed application for withdraw of counter claim. It is marked as Exhibit-22. Copy is supplied to the plaintiff.
The plaintiff wish to file reply to said application. Time granted for the same.
Matter adjourned to 26.11.2025 for Reply on the Exhibit-22 / Cross-examination of PW-1 (Recording Evidence).
Next Purpose: REPLY
Next Hearing Date: 26-11-2025

Date: 26-11-2025
Business: Proprietor of plaintiff company namely Mr. Immacus Dias is present. He filed reply to Exhibit-22. TOR.
Advocate Arun Singh for defendant is present.
Matter adjourned to 03.01.2026 for hearing on Exhibit-22.
Next Purpose: HEARING
Next Hearing Date: 03-01-2026

Date: 03-01-2026
Business: Proprietor of plaintiff company namely Mr. Immacus Dias is present.
Kept back
Later on at 11.50 A.M.
Advocate Mr. Clifford Martis for plaintiff is present.
None present for defendant.
Matter adjourned to 07.02.2026 for hearing on Exhibit-22.
Later on at 11.55 A.M.
Advocate Arun Singh for defendants is present.
Matter adjourned to 07.02.2026 for hearing on Exhibit-22.
Next Purpose: HEARING
Next Hearing Date: 07-02-2026

Date: 07-02-2026
Business: Proprietor of plaintiff company namely Mr. Immacus Dias is present.
Kept back
Later on at 11.25 A.M.
Proprietor of plaintiff company namely Mr. Immacus Dias is present.
Advocate Mr. Clifford Martis for plaintiff is present.
Advocate Arun Singh for defendant is present.
Heard argument both the advocates on Exhibit-22.
Matter adjourned to 27.03.2026 for Order on Exhibit-22.
Next Purpose: ORDER
Next Hearing Date: 27-03-2026

Date: 27-03-2026
Business: P.O IS ON LEAVE
Next Purpose: ORDER
Next Hearing Date: 06-04-2026

Date: 06-04-2026
Business: Proprietor of plaintiff company namely Mr. Immacus Dias is present.
None present for the defendant.
Kept back
Later on at 1.15 P.M.
Proprietor of plaintiff company namely Mr. Immacus Dias is present.
Matter adjourned to 24.06.2026 for further hearing of plaintiff on Exhibit-22.
Next Purpose: HEARING
Next Hearing Date: 24-06-2026

Date: 24-06-2026
Business: 24.06.2026
SR. NO.13
CORAM- HIS HONOR JUDGE SHRI. B.M. KARLEKAR,
               ADHOC JUDGE, CITY CIVIL COURT AND ADDL.
               SESSIONS JUDGE, MUMBAI (COURT ROOM NO.2)
SU 1992/2019
Proprietor of plaintiff company namely Mr. Immacus Dias is present and seeks time for hearing on Exh.23. Hence, matter adjourned.
LO at 12.30 p.m.
Advocate Ravi Singh for defendant present.
Matter adjourned to 04-08-2026 for hearing.
Judge
Next Purpose: HEARING
Next Hearing Date: 04-08-2026

Date: 04-08-2026
Business: Advocate Clifford Martis for plaintiff is present.
Advocate Arun Singh for defendant is present.
ORDER BELOW EXHIBIT-22, 1, W.S. (Exhibit-4)
Application Exhibit-22 is for withdrawal of the counter claim. The application has been resisted on the ground that no reason for withdrawal is given and plaintiff is eager to proceed with the trial of the Counter Claim. It has also been submitted that the withdrawal may affect the consumer complaint and the appeal filed before the Divisional Joint Registrar, Cooperative Society and that the application is not verified.
Counter claim is in the nature of suit and plaintiff is always the Dominus litus, who has the control over the litigation initiated by him, and who can abandon the claim at any moment. As to what will be the effect of abandonment is different aspect but the adversary cannot insist the plaintiff to continue the legal battle unless the adversary is in the status of plaintiff in the same plaint alike the case of suit for partition. In unconditional withdrawals, defendant can raise the grievance regarding the cost only. The withdrawal from the suit need not be upon a prescribed application format and the written desire for unconditional withdrawal, as is reflected in the application, is sufficient. Hence the order-
ORDER
Counter Claim is disposed off as withdrawn vide order 23 Rule 1 of the C.P.C., 1908. Counter claimant shall pay costs in the amount of Rs.10,000/-.
Matter adjourned to 22.09.2026 for Recording Evidence of plaintiffs witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-09-2026

NOTICE OF MOTION/103782/2019

Filing Number: 106242/2019
Filing Date: 12-06-2019
First Hearing Date: 02nd August 2019
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE