Atul AsharVsSurya Darshan Co Operative Housing Society Ltd.

Date: 21-08-2019
Business: Adv. Ghogri for plaintiff present.
Adv. Shah  for defendant present.
Vakalatnama filed on behalf of defendant.
Ld. advocate for defendant seeks time to file reply to NM and writtne statement.
Adjourned for reply to NM and Written statement to 3.9.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-09-2019

Date: 03-09-2019
Business: Adv. Shruti Kanade plaintiff present.
Adv. Kshama Shah for defendant present. Ld. Counsel for defendant seeks time to file reply to NM and WS. Time is granted to file reply and to file WS if within the 90 day of Writ of summons.
Matter stands adjn for filing reply to NM and WS to  01.10.19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Adv. Ghogri for plaintiff present.
Adv. Gala for defendant present.
Written statement  filed by defendant.  O-R and R.
Counter claim filed by the defendant.
Plaintiff tendered registered NM No.  2191/19.
Reply to NM filed by defendant.
Defendant tendered two draft Notice of Motions alongwith affidavit in support of NM.  Leave is granted to register.
Adjourned for reply to notice of motions filed by defendant and hearing NM filed by plaintiff to  20.11.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Adv. Ghogri for plaintiff present.
Adv. Shah for defendant present.
The Ld. counsel for the plaintiff filed reply to draft NM. The defendant has not taken their notice of motions for registration.  Defendant to take steps to get the notice of motions register.
Written statement of defendant in counter claim.   O-R and R.
Plaintiff filed Rejoinder to the reply filed by the defendant to the NM no. 2191/19.
Reply filed by the plaintiff to the draft NM taken out in counter claim by the defendant.
Defendant filed Affidavit of Mr. Milind Chandarkar.
Plaintiff filed reply to the NM taken out by defendant in counter claim.
The Ld. Advocate for the defendant undertakes to supply the copy of affidavit to the counsel for the plaintiff.
Adjourned for hearing on notice of motions to 6.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2019

Date: 06-12-2019
Business: Adv. Dalal for plaintiff present.
Adv. Mr. Shah for defts. present.
Adv. Mr. Dalal files reply to N/M no.2191/19.  T.O.R.
Adv. Mr. Shah tendered original N/M no.4453/19 and 4403/19. T.O.R.
The matter is adjd for N/M reply/hearing to 08.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Adv. Dalal for plaintiff present.
Adv. Gala for deft. present.
Ld. counsel for deft. seeks adjournment.  Granted.
The matter is adjd for N/M hearing to 04.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Adv. Shruti Kanade h/f. Dalal for plaintiff present.
Adv. Shah for deft. present.
Ld. counsel for plaintiff seeks adjournment for hearing.  Granted.
The matter is adjd for N/M hearing to 18.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Adv. Dalal for plaintiff present.
Adv. Shah for deft. present.
Heard argument of Adv. for plaintiff on N/M.
The matter is adjd for argument of deft. on N/M to 20.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Adv. Kanade for plaintiff present.
Adv. Shah for deft. present.
The matter is adjd for N/M hearing to 03.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Adv. Dalal along with Adv. Kanade for plaintiff present.
Adv. N. Shah for deft. present.
Adv. for deft. filed affidavit.  T.O.R.
Heard arguments on N/M\''s.
The matter is adjd for order on N/M\''s to 14.03.2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-03-2020

Date: 14-03-2020
Business: Adv. Smruti for plaintiff present.
Adv Jabbar for defendant present.
Court is busy in hearing arguments in Suit No.9650/90 and regular steno is on leave, hence matter is adjourned.
Earlier order if any to continue till next date.
The matter is adjd for order to 23.03.2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: NM  ORDERS
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM  ORDERS
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: NM  ORDERS
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Business: As the Court is on leave, hence adjd to
Next Purpose: NM  ORDERS
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Business: None for the plaintiff.
Ld. advocate Ms.Archana Zha for the defendant present
Due to COVID 19 and the Court is busy in another matter, this matter is adjd to 14/10/2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Business: None for plaintiff present
Ld. advocate Ms.Archana Jha for defendant present
Today the matter is passing orders on three notice of motions. The Ld. Counsel for the defendant tenders precipe alongwith judgment of Hon\''ble Supreme Court.  She submits that defendant wish to rely on this judgment and want to make further submissions. The Ld. Counsel for the defendant is directed to serve the copy of the judgment to the plaintiff.
The matter is adjd for hearing and orders to 22.10.2020.
Later on:
Ld. advocate Ms.Gogri for the plaintiff present
Next Purpose: NM  ORDERS
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Business: Adv.Mr.Shah for plaintiff present.
Adv. Ms.Jinal Gogari for deft. present.
Heard both the counsels on the Judgment cited.
Matter is placed for orders on N/m.Nos.2191/2019, 4453/19 and 4403/2019.
The matter is adjd for order to 29.10.2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Business: Adv. Gogari for plaintiff present.
Adv. Shah for deft. present.
Order partly dictated.
As the Court is busy in other matters, this matter is adjd to 03/11/2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Business: Adv. for plaintiff absent.
Ld. advocate Ms.Meenal Barge for defendant present.
FRSR the following order is passed:-
ORDER
1.Notice of motion no.2191/2019 is made absolute in terms of prayer clause (a) and (b).
2.Notice of motion no.4403/2019 is rejected.
3.Notice of motion no.4453/2019 is redundant.
4.Costs in cause.
5.Notice of motions disposed off accordingly.
The matter is adjd for compliance to 02/12/.2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: None present.
On perusal of roznama of previous date, the matter is for issues.  It has been wrongly mentioned in the board under the caption of order, hence, adjourned for issues.
The matter is adjd for issues to 14.01.2021.
L.O.
On previous date, the matter was under the caption of compliance which was wrongly mentioned.  Today, it is recorded in the roznama that on previous date, the matter was for issues.  The said recording is due to oversight.  The matter ought to have been kept for issues on previous date.
The matter is already adjd for issues to 14.01.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Adv. Jinal Gogri for plaintiff present.
None for deft.
The matter is adjd for issues to 26.04.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-08-2021

Date: 07-08-2021
Business: P.O. is on leave matter adjd.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Adv. Vikrant Makare for plaintiff is present.
None for defendant.
Matter adjd for draft issues on 24.01.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 08/04/2022 for Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: P. O. is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv.Vikrant Makre for plaintiff is present.
None present for defendant.
The Ld. Adv.for plaintiff filed draft issues. T.O.R.
Matter adjd to 04.11.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Adv. Makare for plaintiff is present.
None for defendant.
Exh.8 - Issues are framed.
Matter adjd to 11/01/2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: Adv. Gogri for plaintiff is present.
None present for defendant.
On oral request of Ld.Adv.for plaintiff matter adjourned for evidence.
Matter adjd to 16.03.2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: Adv. Sruti Kanade for plaintiff is present
None present for defendant.
On oral request of plaintiff, matter is adjourned.
Matter adjd to 21.08.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: Adv. Shruti Kanade i/b Negandhi Shah and Himayatullah for plaintiff is present.
None present for defendant.
Ld.Adv.for plaintiff filed affidavit of examination in chief of Mr. Atul Ashar (PW No.1) t.o.r marked at Exh.9. Seen. Read and Recorded.
She also filed list of documents t.o.r marked at Exh.10.
O- Other side to say.
Matter adjd to 25.10.2023 for say on admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Adv. Shreya Bhagrani for plaintiff is present.
Adv. Narayanan for defendant is present and under text to file vakalatnama on next date.
Witness is absent.
Matter adjd to 12.01.2024 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: P.O is on leave
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 01-03-2024

Date: 01-03-2024
Business: Adv. Jinal Gogri for plaintiff is present.
Adv. Shivchand Mishra i/b Ramachandran Narayanan appeared for defendant and seek time to file Vakalatnama. O- Time granted with consent.
Matter adjd to 08.07.2024 for admission denial on the request of both advocates.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 08-07-2024

Date: 08-07-2024

Date: 20-08-2024
Business: Adv. Smruti Kanade for plaintiff is present and seek time. O- Time granted.
None present for defendant.
PW-1 absent.
Matter adjd to 16.10.2024 for admission denial on the request of Adv. for plaintiff.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-10-2024

Date: 16-10-2024
Business: Adv. Smruti Kanade i/b Negandhi Shah and Himayatullah  for plaintiff is present and seek time for service of evidence affidavit and compilation of document on defendant. O- Time granted.
None present for defendant.
Matter adjd to 16.12.2024 for service.
Next Purpose: SERVICE
Next Hearing Date: 16-12-2024

Date: 16-12-2024
Business: Adv. Smruti Kanade i/b Negandhi Shah and Himayatullah for plaintiff is present and filed service affidavit. TOR. Service is completed.
None present for defendant.
Matter adjd to 04.03.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-03-2025

Date: 04-03-2025
Business: Adv. Smruti Kanade a/w Shreya Bhagnari i/b Negandhi Shah and Himayatullah for plaintiff is present.
Adv. Narayanan for defendant is present and seek time to file vakalatnama and reply to the document. O- Time granted with consent.
Both requested for longer date.
Matter adjd to 24.06.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 24-06-2025

Date: 24-06-2025
Business: Adv. Ms. Smruti Kanade i/b Negandhi Shah and Himayatullah for plaintiff is present.
None present for defendant.
Matter adjd to 26.08.2025 for admission denial as last chance.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 26-08-2025

Date: 26-08-2025
Business: Adv. Shreya Bhagnari i/b Negandhi Shah and Himayatullah for plaintiff is present.
None present for defendant.
Matter adjd to 10.11.2025 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 10-11-2025

Date: 10-11-2025
Business: Adv. Smruti Kanade i/b Negandhi Shah and Himayatullah for plaintiff is present.
Adv. Shanmukh Puranik for defendant is present and seek time. O- Time granted as last chance, on failure suit will proceed further.
Matter adjd to 06.01.2026 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-01-2026

Date: 06-01-2026
Business: Adv. Shreya Bhagnari i/b Negandhi Shah and Himayatullah for plaintiff is present.
None present for defendant.
The defendant failed to file their say on admission denial of the documents. Suit is posted for exhibiting the documents of plaintiff on next date.
Matter adjourned to 16.03.2026 for exhibiting the documents of the plaintiff.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-03-2026

Date: 16-03-2026
Business: P. O is on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-06-2026

Date: 12-06-2026
Business: p.o. is on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 28-08-2026

Date: 28-08-2026
Business: Adv. Ms. Smruti Kanade i/b Negandhi Shah and Himayatullah for plaintiff is present.
None present for defendant.
Matter adjourned to 02.11.2026 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 02-11-2026

NOTICE OF MOTION/104403/2019
NOTICE OF MOTION/104453/2019

Filing Number: 106111/2019
Filing Date: 07-06-2019
First Hearing Date: 21st August 2019
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE