M/s. P. M. ConstructionsVsMr. Rojan George +1 more

Date: 02-08-2019
Business: Proprietor of Plaintiff Firm Mr. Emacus Dias is present. Adv absent.
Deft and Adv absent.
Adj for directions to 09.10.2019.
L.O.
Adv. Martis for Plaintiff present.
He prayed for extension of time for service of writ of summons.
Time is extended.
Adj for service to 09.10.2019.
Next Purpose: SERVICE
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Adv. Clifford Maties for Plaintiff present.
None for defendant
Application filed by plaintiffs for substituted service under Order 5 Rule 20 of CPC.
Perused application and Writ of summons.
It is clear that the defendants were not found at the address given in cause title.  It appears that defendants are avoiding service of Writ of summons.  Therefore, Writ of summons be served upon defendants under order 5 Rule 20 of CPC by affixing copy thereof in some conspicuous part of court house and that of residence of defendants and also by publishing Writ of summons in daily Newspaper circulated in the area where defendants reside on bearing charges by the plaintiffs.
Adjd. To 28.11.2019 for service report.
Next Purpose: SERVICE
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: Proprietor of plaintiff Mr. Dias present.
He filed affidavit of service t.o.r.
Ex 2 Adv. Sanjay Gaikar H/F Adv. Arun Singh for defendants present.
He filed V/N t.o.r.
Copy of plaint along with annexures served upon defendants
Defendants are directed to file Written statement within prescribed period.
Adjourned for direction to 10.01.2020
Next Purpose: DIRECTIONS
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Adv. D\''Silva for plaintiff present.
Adv. Arun Singh for defendant present.
Adv. for defendant submitted that defendants have to take inspection of documents from plaintiff so they could not filed W/S.   Prescribed period of 30 days is already over.  Defendants have to take appropriate steps for taking their W/S on record.
Adjourned for direction to 21.02.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: Mr. Dias, Proprietor of plff company present.
Adv Clifford Martis for plff present.
Adv Arun Singh for deft present.
He seeks time to file WS however 30 days time is already over after service of summons on deft.  Hence, deft is proceeded without written statement.
Matter stands Adj for recording evidence to 26/03/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Business: adjourned
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: National Lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-12-2020

Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Proprietor of plff present.
Adv Arun Singh for deft present.
He tendered registered NM 1179/2020. t.o.r.
Proprietor of plff filed reply on NM itself.
Adv for deft seeks time to file CS to set aside order dated 21/02/2020.  Granted.
Matter stands Adj for CS to 05/01/2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: Plaintiff present.
Adv. Arun Singh for defendant present.
Adv. for defendant tendered draft NM. Leave to register-granted. Copy given to other side.
Adjd. for reply and hearing to 15.01.2021.
Next Purpose: REPLY
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Plff in person present.
Adv Arun Singh for deft present.
F. R. S. R. following order is passed -
ORDER
1. Notice of motion no.1179/2020 is allowed.
2. Delay in filing written statement is condoned subject to payment of costs of Rs. 1,000/- to the plaintiff.
3. Notice of motion no. 1179/2020  is disposed of.
F. R. S. R. following order is passed -
ORDER
1. Notice of motion no.98/2021 is allowed.
2. Without written statement order dated 21.02.2020 passed against defendants is set aside.
3. Notice of motion no. 98/2021 is disposed of.
Adv for deft paid cost to plff.
Exh 03 - He filed written statement. t.o.r.
Exh 04 - He filed Counter claim. t.o.r.
Matter stands Adj for Written Statement of plff to Counter Claim to 12/02/2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Proprietor of plff present.
He filed written statement in Counter Claim. TOR. Marked Exh. 4-A
Deft and advocate absent.
Matter stands Adj for Iuuses in Counter Claim to 09.03.2021.
Next Purpose: FRAMING 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: FRAMING ISSUES
Next Hearing Date: 20-04-2021

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

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

Date: 20-08-2021
Business: P. O. is on Leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-11-2021

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-6. 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-7.
The documents (Exhibit-7) from Sr. No. 1 to 16 are received in evidence for identification purpose only and marked as Exhibit-8 to 23 subject to proof of truth of its contents.
The documents (Exhibit-7) at Serial no. 1 to 16 are exhibited as follows-
Serial no.1 of Exhibit-7 is marked as Exhibit-8.
Serial no.2 of Exhibit-7 is marked as Exhibit-9.
Serial no.3 of Exhibit-7 is marked as Exhibit-10.
Serial no.4 of Exhibit-7 is marked as Exhibit-11.
Serial no.5 of Exhibit-7 is marked as Exhibit-12.
Serial no.6 of Exhibit-7 is marked as Exhibit-13.
Serial no.7 of Exhibit-7 is marked as Exhibit-14.
Serial no.8 of Exhibit-7 is marked as Exhibit-15.
Serial no.9 of Exhibit-7 is marked as Exhibit-16.
Serial no.10 of Exhibit-7 is marked as Exhibit-17.
Serial no.11 of Exhibit-7 is marked as Exhibit-18.
Serial no.12 of Exhibit-7 is marked as Exhibit-19.
Serial no.13 of Exhibit-7 is marked as Exhibit-20.
Serial no.14 of Exhibit-7 is marked as Exhibit-21.
Serial no.15 of Exhibit-7 is marked as Exhibit-22.
Serial no.16 of Exhibit-7 is marked as Exhibit-23.
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 is present. He filed application for withdraw of counter claim. It is marked as Exhibit-25. 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-25 / 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-25. TOR.
Advocate Arun Singh for defendant is present.
Matter adjourned to 03.01.2026 for hearing on Exhibit-25.
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-25.
Later on at 11.55 A.M.
Advocate Arun Singh for defendants is present.
Matter adjourned to 07.02.2026 for hearing on Exhibit-25.
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-25.
Matter adjourned to 27.03.2026 for Order on Exhibit-25.
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.
None present for the defendant.
Matter adjourned to 24.06.2026 for further hearing of plaintiff on Exhibit-25.
Next Purpose: HEARING
Next Hearing Date: 24-06-2026

Date: 24-06-2026
Business: 24.06.2026
SR. NO.16
CORAM- HIS HONOR JUDGE SHRI. B.M. KARLEKAR,
               ADHOC JUDGE, CITY CIVIL COURT AND ADDL.
               SESSIONS JUDGE, MUMBAI (COURT ROOM NO.2)
SU 1995/2019
Proprietor of plaintiff company namely Mr. Immacus Dias is present and seeks time for hearing on Exh.26. 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-25, 1, W.S. (Exhibit-3)
Application Exhibit-25 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/101179/2020
NOTICE OF MOTION/100098/2021

Filing Number: 106245/2019
Filing Date: 12-06-2019
First Hearing Date: 02nd August 2019
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE