Rajan Sahadev LokeVsLodha Home Developers Pvt Ltd +4 more

Date: 25-06-2018
Business: None present.
Plaintiff to serve writ of summons upon Defendants.
Adjourned to 12.11.2018 for Service of Writ of Summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-11-2018

Date: 12-11-2018
Business: Matter adj. to 07/02/2019 for Writ of Summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-02-2019

Date: 07-02-2019
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-04-2019

Date: 25-04-2019
Business: Adv. Redekar for plaintiff present and prayed for extension of time to serve writ of summons on defendants. O- Time extended till next date.
Adjourned to 19.07.2019 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-07-2019

Date: 19-07-2019
Business: Adv. S. S. Redekar for the Plaintiff present.
Adv. Vinayak Tare for Defendant No. 4 and 5  present.
Adv. Thorat for defendant No. 3 present.
Adv. for plaintiff filed original werit of summons.
By consent.
Matter is adjd. to 03/08/2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: None present for the Plaintiff.
Adv. Jadhav for Defendant-3 present.
None present  for Defendant no. 4.
Adv. Vinayak Tare h/f Kandekar for Defendant no. 5 present.
Vakalatnama filed by Defendant no. 3. t.o..r O-filed.
The Plaintiff has failed to file proof of service of writ of summons to Defendant nos. 1 and 2.
Matter is adjd. to 18.10.2019 for  passing no WS order against Defendant nos. 3 to 4/ proof of service of writ of summons of Defendant nos. 1 and 2.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: The Court is on Leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: Due to direction to combat Corona Virus, board is discharged, as
only urgent matters are taken up.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Business: Court is on  leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: None for plaintiff.
Adv. Pathak h/f Adv. Mr. Kandekar for the defendants No.4 and 5.
Plaintiff has neither filed proof of service of summons nor taken steps for service of summons to defendants No.1 and 2. Hence, the suit is dismissed against defendants No.1 and 2.
Matter is adjd. to 16/04/2021 for No WS hearing.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Due to Covid-19
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: due to covid-19
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: court is on leave
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: None for plaintiff.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendants/MHADA No.4 and 5 present.
Matter is adjd. to  18/02/2022 for NO WS hearing.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: None present for both parties.
Court is busy in dictating judgment in Suit 7668/01, hence adjd.
Matter is adjd. for hearing without W/S to 2/5/2022.
LO at 12.00 noon
Adv. Pathak h/f adv. Kandekar for MHADA present.
Court is busy in dictating judgment in Suit 7668/01, hence adjd.
Already adj. to 2/5/2022.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 02-05-2022

Date: 02-05-2022
Business: None present for plaintiff.
Adv. Pathak h/f Adv. Kandekar for MHADA present.
Matter is adjd. to 26-07-2022 for hearing without written statement.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: court is on leave
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: None present for plaintiff
Adv Pathak H/f Adv Kandekar present for MHADA/deft.
Matter is adjd. to 08.12.2022 for No WS hearing.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: None present for the parties.
Matter is adjd. to 06.02.2023 for Hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: None present for Plaintiff.
Adv. Pathak h/f Adv. Kandekar for MHADA/Deft present.
Matter is adjourned to 11.04.2023 for hearing without written statement.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 11-04-2023

Date: 11-04-2023
Business: None present for plaintiff.
Adv. Harshida Darji h/f Adv. Kandekar for Deft Nos 4 and 5/MHADA present.
Matter is adjourned to 11.07.2023 for hearing without written statement.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 11-07-2023

Date: 11-07-2023
Business: Adv. Ms. Ruyi Danawala h/f Adv. Ashish Naik for the plaintiff is present.
none present for the defendant.
Adv. for the plaintiff submits that advocate on record is not keeping well and prayed adjournment. Hence, matter is adjourned.
Matter is adjourned to 13.09.2023 for hearing without WS.
LO at 12:16 pm.
Adv. Ms. Kandekar for defendant Nos. 4 and 5/MHADA is present.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: By Praecipe matter is taken on today\''s board.
Adv. Mr. Dheeraj Zhokande for the plaintiff is present.
None present for the defendant.
Adv. for the plaintiff tendered draft NM along-with affidavit in support. O- Leave is granted to register the same till the next date. He undertakes to supply copy to the other side.
Matter is already adjourned to 13.09.2023.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Adv. Ms. Vaibhavi Pawar h/f Adv. Naik for the plaintiff is present.
Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant Nos. 4 and 5/MHADA is present.
Adv. for the plaintiff filed original registered NM No. 3107/2023  along-with affidavit in support. TOR. She also filed affidavit of service.
Matter is adjourned to 20.11.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2023

Date: 20-11-2023
Business: Adv. Mr. Darshan Jain h/f Adv. Ashish Naik for the plaintiff is present.
Adv. Ms. Harshida Darji h/f Adv. Kandekar for defendant Nos. 4 and 5/MHADA is present.
It appears from roznama that suit is already dismissed against defendant Nos. 1 and 2 on 03.02.2021.
Matter is adjourned to 12.02.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: Adv. Mr.Ashish Naik for the plaintiff is present.
Adv. Mrs. Harshida Darji h/f Adv. Kandekar for defendant no.4 and 5/MHADA is present.
It is submitted by adv. for plaintiff that he has filed affidavit of service of NM No.3107 of 2023 upon defendant Nos.1 and 2. As per affidavit of service defendant Nos.1 and 2 are duly served, but failed to appear. Hence, NM No. 3107 of 2023 to proceed ex-parte against defendant no.1 and 2.
Heard argument of adv. for plaintiff on NM No.3107 of 2023.
Matter is adjourned to 06.03.2024 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-03-2024

Date: 06-03-2024
Business: None present for both the parties.
F.R.S.R. the following Order is passed on NM No.3107 OF 2023.
- O R D E R -
1.Notice of Motion No. 3107 of 2023 in Suit 	No.1319 of 2018  is hereby allowed.
2.Order dated 03.02.2021 thereby dismissing the suit against defendant Nos.1 and 2 is hereby set aside.
3.Notice of Motion stands disposed of accordingly.
Matter is adjourned to 20.06.2024 for Hearing Without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 20-06-2024

Date: 20-06-2024
Business: As the Court is on leave today. Hence, board is discharged and matter is adjourned to
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 29-07-2024

Date: 29-07-2024
Business: As the Court is on leave today. Hence, board is discharged and matter is adjourned to
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 30-07-2024

Date: 30-07-2024
Business: By Precipe matter is taken on today\''s board.
None for the plaintiff.
Adv. Ms.Alisha Pinto filed VP taken on record and marked at Exh-4  for defendant No.1 and 2 is present.
Draft NM along with affidavit in support of NM tendered by advocate for the defendant No.1 and 2 alongwith WS. O-  Leave to register N/M granted.
Matter is already adjourned to 04.09.2024 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: None present for plaintiff.
Adv. Yashaswi Pande i/b. Adv. Alisha Pinto present for defendant no. 1 and 2 and tendered Original NM no. 3525/24 alongwith affidavit in support of. t.o.r..
Matter is adjourned to 07/11/24 for hearing without WS.
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 07-11-2024

Date: 07-11-2024
Business: As the Court is on leave today. Hence board is discharged and matter is adjourned to
Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
Next Hearing Date: 11-12-2024

Date: 11-12-2024
Business: None present for plaintiff.
Ld. Advocate present for defendant nos.1 and 2.
Ld. Advocate Darji for defendant nos.4 and 5 present.
Matter is adjourned to 06.02.2025 for reply.
Next Purpose: REPLY
Next Hearing Date: 06-02-2025

Date: 06-02-2025
Business: None present for plaintiff.
Adv. Kaiseen Mistry present for defendant no. 1.
Adv. Harshita Darji h/f Adv. Kandekar for defendant no. 4 and 5/MHADA present.
None present for other defendants.
Adv. for defendant no.1 to serve the copy of NM to the plaintiff.
Plaintiff to remain present on the next date without fail.
Matter is adjourned for service/necessary order to 04/03/25.
Next Purpose: SERVICE
Next Hearing Date: 04-03-2025

Date: 04-03-2025
Business: As court is on half day leave, board is discharged and matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 21-04-2025

Date: 21-04-2025
Business: As court is on leave. Board is discharged and matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 25-06-2025

Date: 25-06-2025
Business: None present for plaintiff.
Adv.Alisha Pinto for defendant Nos.1 and 2 present and filed service affidavit t.o.r.
O- Seen.
 Matter is adjourned to for reply to NM to 31.07.2025
Next Purpose: REPLY
Next Hearing Date: 31-07-2025

Date: 31-07-2025
Business: None present for plaintiff.
Adv. Alisha Pinto present for defendant no. 1 and 2.
Plaintiff is continuously absent. It appears that, plaintiff is not interested to proceed further with the suit. Hence, NM is fixed for hearing. Therefore, to give an opportunity to the plaintiff before passing any order, issue notice to the plaintiff on court motion for appearance.
Matter is adjourned to 18/09/25 for notice report/appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 18-09-2025

Date: 18-09-2025
Business: None present for plaintiff.
Adv. Alisha Pinto present for defendant nos.1 and 2.
issue notice to the plaintiff on court motion for appearance.
Matter is adjourned to 17.10.2025 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 17-10-2025

Date: 17-10-2025
Business: None present for plaintiff.
Adv. Alisha Pinto present for defendant nos.1 and 2.
Heard advocate for defendant nos.1 and 2.
Matter is adjourned to 12.11.2025 for appearance of plaintiff.
Next Purpose: FOR APPERANCE
Next Hearing Date: 12-11-2025

Date: 12-11-2025
Business: As the Court is on leave Board is discharged and the matter stands adjourned.
Next Purpose: FOR APPERANCE
Next Hearing Date: 03-12-2025

Date: 03-12-2025
Business: None present for plaintiff.
Adv. Alish Pinto present for defendant nos.1 and 2.
Order passed on Notice of Motion no.3525/2024
Defendant nos.1 and 2 taken out this Notice of motion for condonation of delay to take the Written statement on record. It is contended that there is a delay of 623 days. It is submitted that the present Suit was dismissed on 03.02.2021 against defendant nos.1 and 2 for want of submission of writ of summons before the Court. Thereafter, by order dated 06.03.2024, the dismissal was set aside and Suit was restored to file against defendant nos.1 and 2. It is submitted that thereafter the Notice of Motion is filed on 14.08.2024. Therefore, it is submitted that as such the Notice of Motion is within limitation from the date of restoration of the Suit.
Advocate for defendant nos.1 and 2 made a fair statement that it was actually served upon Lodha Home Developers Pvt. Ltd. in 2018. Thereafter, defendant no.1 merged with defendant no.2 Sainath Enterprises and thereafter it merged with Macrotech Developers Limited. On previous date, matter was adjourned as the intimation was not given to the plaintiff on Court motion, notice was issued to the plaintiff. And despite service he failed to appear and not filed reply to the Notice of Motion. I have gone through the contents of Notice of Motion and affidavit filed with it. For the reasons stated and the interest of justice, the Notice of Motion no.3525/2024 is allowed subject to cost of Rs.3,000/- payable to the Plaintiff. NM no.3525/2024 stands disposed of accordingly.
Compliance be done on or before next date.
Matter is adjourned to 20.01.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-01-2026

Date: 20-01-2026
Business: None present for plaintiff and defendants.
No amount of cost imposed while allowing NM 3525/2024 is deposited.
Matter is adjourned to 28.04.2026 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-04-2026

Date: 28-04-2026
Business: Matter pertains to C.R. No.9
None present for plaintiff.
Adv. Alisha Pinto present for defendant nos.1 and 2 and filed application for direction to deposit costs in court. TOR and marked as Exh. 5 O - Other side to say.
Order - No say filed till 12.40 p.m. Registry to accept the amount of cost Rs. 3000/- as per order passed in NM No. 3525/2024 on 03.12.2025 to be paid to the plaintiff.
Matter is adjourned to 03.07.2026 for compliance .
                                                                                            I/c Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 03-07-2026

Date: 03-07-2026
Business: None present for plaintiff.
Adv. Alisha Pinto present for defendant nos.1 and 2.
In view of deposit of amount of costs by the defendant nos.1 and 2 on 29.04.2026 as per order passed below NM 3525/2024, the WS filed by the defendant nos.1 and 2 is TOR and marked as Exh.6.
O-RR.
Matter is adjourned to 21.09.2026 for draft issues.
LO at 3.54pm
Adv. Nazia Shaikh h/f Adv. Ashish Naik for Plaintiff present and filed application for withdrawal of appearance on behalf of plaintiff alongwith copy of notice issued to the plaintiff. TOR and marked as Exh.7. O-Plaintiff to note.
Matter already adjourned to 21.09.2026 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-09-2026

NOTICE OF MOTION/103107/2023
NOTICE OF MOTION/103525/2024

Registration Number: 101319/2018
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 106429/2018
Filing Date: 02-05-2018
First Hearing Date: 25th June 2018
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE