Date: 25-06-2018
Business: Adv. Dalal for Plaintiff present.
Adv. Satish Kekane for Defendant present.
Advocate for plaintiff filed registered S/J no.167/18, TOR.
Heard the argument of both the sides.
Matter is adjd. to 02/08/2018 for Order.
Next Purpose: ORDER
Next Hearing Date: 02-08-2018
Date: 02-08-2018
Business: WOB
Next Purpose: ORDER
Next Hearing Date: 10-08-2018
Date: 10-08-2018
Business: Adv. Dalal for Plaintiff present.
Adv. Bharadkar for Defendant present.
Advocate for defendant has filed affidavit in reply to the S/J alongiwth affidavit.
The advocate for plaintiff has taken the objection that S/J is not filed within 10days after the service of S/J upon the defendant. Hence Matter is adjd. to 19/09/2018 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 19-09-2018
Date: 19-09-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-10-2018
Date: 22-10-2018
Business: Adv. Dalal for Plaintiff present.
Adv. Kekane for Defendant n. present.
Advocate for defendant has filed registered N/M no.3621/18 alongwith affidavit, TOR.
Matter is adjd. to 27/11/2018 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2018
Date: 27-11-2018
Business: Adv. S. P. Dalal for Plaintiff present.
Advocate Satish Tekane for defendant mo.2to4 present
Advocate for plaintiff has filed affidavit of reply in NM no.3621/18
Matter is adjd. to 19/12/2018 for N/M hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2018
Date: 19-12-2018
Business: Adv.Mr. Dalal for Plaintiff
Adv.Mr.Satish Kekane for Defendant no. 2 to 4 present.
Adv for defendant has filed the rejoinder to the reply and copy supplied upon the adv for plaintiff.,hence
Matter is adjd. to 29/01/2019 for nm hearing and sj.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2019
Date: 29-01-2019
Business: None for Plaintiff
Adv. Satish Kekane for Defendant present.
Matter is adjd. to 04/03/2019 for Hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2019
Date: 04-03-2019
Business: Adv. Mr. Dalal for Plaintiff present.
Adv. Ms. Tejal for Defendant present.
On the oral request of adv for defendant her senior is not available.
Matter is adjd. to 01/04/2019 for nm hearing as a last chance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2019
Date: 01-04-2019
Business: Adv or plaintiff Mr. Dalal present.
Adv for deft No.2,3 and 4 Ms. Harshali Parab present
Defendant No.2 present
Adv for deft No. 2,3 and 4 requested for adjourned
O-Granted Lastly.
Matter is Adjd for N/M 3621/18 Hearing to 11/06/2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2019
Date: 11-06-2019
Business: Adv for plaintiff Mr.Dalal present.
Exh 02 He filed application to recall.
O-Adv for plaintiff directed to serve application to defendant.
Defendant no.2 stated that he has received copy of application.
Matter is Adjd for Reply to the application to 19/07/2019
Next Purpose: REPLY
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: court is on leave.
Next Purpose: REPLY
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: p.o. is on leave adjd to 7/10/19
Next Purpose: REPLY
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: Adv.Dalal for plaintiff present.
Deft. no. 2 present.
KB
LO At 12.40 p.m.
Adv. for plaintiff present.
None for deft.
Exh. 2- Application to recall order not pressed by adv. for plaintiff.
The deft is directed to serve the copy of reply of SJ to plaintiff before next date failing which the matter will be proceeded without reply of SJ.
Deft. no. 2 present. He requested to keep back the matter.
KB
LO At 1.00 p.m.
Adv. Dalal for plaintiff present .
Adv Harshali Parab for deft. no. 2 present.
Adjd. to 11.10.2019 for SJ hearing with direction that deft to serve copy reply of SJ to adv. for plaintiff prior to 11.10.2019
Next Purpose: REPLY
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Business: Adv. Dalal for plaintiff present.
Adv. Janvi Mane for deft.2 Present.
Deft was directed to serve the copy of reply of SJ prior to 11.10.2019. That directions are not followed by deft. Today deft has filed reply to SJ. t.o.r. subject to cost of Rs. 1000/- cost for delay and non compliance of directions. Copy be supplied to adv. for plaintiff.
Draft nm @ affidavit filed by adv. for deft.
Leave granted to register. Copy be served to OS.
Adjd. to 28.11.2019 for nm service.
Next Purpose: SERVICE
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: Son of plff present. Adv. absent.
Deft. no.2 present. Adv. absent.
Rejoinder to SJ 167/18 filed by son of plff. t.o.r.
Copy supplied to deft. no.2.
Adjd. to 15.01.2020 for SJ hearing.
LO at 12.25 p.m.
Adv. Harshali Parab for deft. no. 2,3 and 4 present.
Registered nm 3972/19 @ affidavit filed on record.
Draft nm @ affidavit taken out by adv. Parab.
Leave granted to register. Copy be served to OS.
Already adjd to 15.01.2020.
Next Purpose: SERVICE
Next Hearing Date: 15-01-2020
Date: 15-01-2020
Business: Plaintiff present.
Adv. Dalal for plaintiff present and filed reply to NM 3972/19 tor.
Defendant No.2 present.
Defendant 1,3 and 4 absent. Their advocate absent.
Adv for defendant No.2 absent.
The adv of plaintiff submitted that he would file the reply in course of the day and will serve the copy to defendants. Hence the matter is adjd for hearing on NM 3972/19 subject to filing of reply by the plaintiff and service of the same to the defendant.
Matter adjd to 20/02/2020 for hearing on NM 3972/19 and filing of register Ch/S.
Adv. Dalal for plaintiff filed reply to NM 3972/19 tor.
LO at 01.15 p.m.
Adv. Harshali Parab for defendants No.2 to 4 is present.
She tendered register Ch/S 2217/19 along with affidavit. She undertook to serve the copy of Ch/S on the plaintiff. Adjd to 20/02/2020.
Next Purpose: SERVICE
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Adv Dalal present for plaintiff.
Defendant No.2 present, other Defendants absent their advocate absent.
Advocate Harshali Parab for Defendants.
The learned Adv. for plaintiff has no objection to allow the Chamber summons 2217/19. I have gone through the chamber summons. Defendant No 3 has died and his legal heirs are to be brought on record. However, the Defendants have prayed for permission to carry our amendment. In fact, the amendments should be carried out by the plaintiff. In this background, the chamber summons No.2217/2019 is allowed as that the plaintiff is directed to carry out the amendment in the plaint by recording the respondents as legal representatives of the deceased defendant No.3. The plaintiff to carry out the compliance on or before next date. The chamber summons 2217/2019 is disposed.
On the request of defendant adjd. to 12/03/2020 for N/M. hearing. So also adjourned for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Adv. Dalal for plaintiff
Adv. Prasad Gaonkar for defendant No.2 to 4.
Time is extended for compliance of order dtd.20.02.2020 regarding Ch/s 2217/19 till the next date.
Adjd for NM Hearing to 22-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv. Dalal for plaintiff.
None for defendant.
On the request of adv for plaintiff time is extended to carry out the amendment till next date.
Adjd for Compliance and NM hearing to 20-04-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: As per office order
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv Mr.Dalal present for the plaintiff.
None present for the defendant.
Matter is pending for NM hearing and SJ hearing since long. It is lastly adjourned to 20.10.2021 for hearing of NM and SJ. In the meantime plaintiff is directed to carry out amendment as per Ch/s No.2217/19
Matter is adjd to 20.10.2021 for NM hearing.
LO
Adv Harshali Parab present for the respondent.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv Harshali parab present for the defendant no.2 and 3.
None present for the plaintiff.
KB
LO
Adv S.P.Dalal present for the plaintiff.
None present for the defendant.
Argument of plaintiff on NM No.3972/19 is heard. Matter is lastly adjourned to 09.11.2021 for arguments of defendant on NM. If defendants fail to argue on that day, the NM will be decided on merits.
Matter is adjd to 09.11.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv. Mr. Dalal for plaintiff present.
Adv. Ms.Harshali Parab for defendant no. 2, 3 and 4 present.
Defendant nos. 2 and 4 present.
None for defendant no. 1.
ld adv for plaintiff submits that copy of plaint is not served upon the legal heir of defendant no. 3. Ld adv for plaintiff submits that he will served the copy during the course of the day. ld adv for plaintiff seeks short adjournment as a senior adv not available.
In view of the submission matter is lastly adjd to for argument of defendant nos. 2 to 4 on NM.
Matter is adjd to 12/11/2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: None present for Plaintiff.
NM 3972/19 Adv. Mr. Prasad Gaonkar for Defendant present.
@ SJ 167/18 Heard advocate for the Defendant on NM No. 3972/19.
Matter adj. to 17/11/2021 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: None present.
kb
LO. 1.15
None for plaintiff
Adv Harshali Parab defendant 2 & 4.
None for other defendant.
Matter is adjd to 04-12-2021 for NM Argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: P. O. is on leave.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Adv. Dalal for plaintiff present.
Adv. Janvi Mane for the defendants No.2, 3 and 4 present.
Defendant No.2 present.
Heard argument of ld. advocate of plaintiff and ld advocate of defendants No.2, 3 and 4 from 01.24 p.m. to 01.40 p.m. on NM.
The ld. advocate of defendant requested time for argument on SJ.
Matter is adjd. to 23/12/2021 for NM order and SJ arguments.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Plaintiff is present.
Adv. Dalal for the plaintiff present.
Court is busy in dictating order in NM. Therefore, matter is adjourned.
Matter is adj. to 05/01/2022 for order on NM.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: None for plaintiff.
Adv. Janvi for defendants No.2 to 4 present.
F R S R following order is passed:
O R D E R
1. Notice of Motion No.3972 of 2019 stands dismissed.
2. Notice of Motion No.3972 of 2019 is accordingly disposed of.
Matter is adjd. to 14/02/2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Son of plff present. His Adv. absent.
Deff. No 02 present.
Adv. Kasarlkar for Deff. 2 to 4 present.
None for Deff. 01.
Both party requested date.
Matter is Adjd. for SJ Haring to 11/03/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv. Dalal for plaintiff present.
Adv. Siddhesh Acharlkar Defendant no. 2,3 and 4 present, his advocate absent.
None for other defendant.
KB
Later on
Heard argument of plaintiff on SJ.
Adv. for defendant no. 2,3 and 4 submitted that he will argue on next date.
Matter is adjd. for SJ argument of defendant to 30-03-2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-03-2022
Date: 30-03-2022
Business: Advocate S P Dalal for plaintiff present.
Advocate Mr. Siddhesh Kasralkar for defendant no. 2,3,4 present.
Defendant no. 2 present.
Advocate for defendant filed adjournment application. TOR
Matter is adjd. for SJ hearing to 27-04-2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Advocate Dalal for plaintiff present.
Advocate Harshali Parab for defendant No. 1 to 3present.
On 11.03.2022 argument of plaintiff is already heard on that day, on the request of defendant suit was adjourn for SJ argument of defendant. There after on 30-03-2022 advocate of defendant moved adjournment application. Today also the advocate of defendant submitted that they had challenge the order dated 05-01-2022 in Hon\''ble High court. But there is no document to show that the defendant had been to the Hon\''ble high court or there is any stay for proceeding in the suit. Therefore request of defendant is rejected. The defendant refused to argu on SJ. Therefore SJ be kept for order without the defendants argument.
Matter is adjd. for SJ order to 06-05-2022.
Next Purpose: ORDER
Next Hearing Date: 06-05-2022
Date: 06-05-2022
Business: None for plaintiff.
Advocate Mr. Prasad Gaonkar for defendant no. 2 and 4 present.
Draft N/M along with affidavit in support of N/M tendered by advocate for the defendant. O- Leave to register N/M is granted. Copy be serve to other side.
Matter is adjd. for NM service to 17-06-2022.
Next Purpose: SERVICE
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: P.O. is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: As court is vacant
Next Purpose: SERVICE
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: As court is vacant
Next Purpose: SERVICE
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: As court is vacant
Next Purpose: SERVICE
Next Hearing Date: 14-03-2023
Date: 14-03-2023
Business: Adv.Dalal for plaintiff present.
Adv.Upasana Singh h/f Adv.Prasad Gaonkar for defendant Nos.2 to 4 present. She tendered registered N/M No.1961/2022 along with affidavit. T.O.R.
Heard both the sides on N/M No.1961/2022.
F.R.S.R following order is passed on N/M No.1961/2022.
ORDER
1. Notice of Motion No. 1961/2022 is allowed in terms of prayer clause (a), which reads as under-
a) The order dated 27.04.2022 passed by this Honble Court thereby keeping Summons for Judgment for order without the defendants argument be set aside and the defendants be given opportunity to argue the Summons for Judgment.
2. Notice of Motion No. 1961/2022 is disposed of accordingly.
Parties shall not request for adjournment on next date.
Matter is adj to 12/04/2023 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Dalal for plaintiff present.
Adv.Prasad Gaonkar for defendant Nos.2 to 4 present.
Kept back.
Matter called out at 3.32pm
Adv.Dalal for plaintiff present.
Adv.Prasad Gaonkar for defendant Nos.2 to 4 present.
Partly heard both the sides on SJ No.167/18.
During the course of the argument Ld.Adv. for defendant No.2 to 4 submits that despite notice of inspection, plaintiff failed to offer inspection of signed copy of balance sheet which is annexed with the plaint (Exh-B).
Ld.Adv. For plaintiff submits that he has already replied the notice of inspection. Without prejudice to his stand in the reply, he intends to produce the original copy of the balance sheet along with audit report furnished by the concerned Chartered Accountant. The production of the documents is allowed. List of documents marked as Exh-4.
Copy of the said documents is supplied to Ld.Adv. for defendant Nos.2 to 4. He seeks time to take instructions from his client. Time granted.
Defendants are at liberty to inspect the original documents, placed on record by plaintiff.
Matter is adj to 25/04/2023 for further hearing of SJ at 2.45pm
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Dalal for plaintiff present.
Adv.Aaditi Parab i/b Adv.Prasad Gaonkar for defendant Nos.2 and 4 present. She filed adjournment application (Exh-5) on the ground that the Ld.Adv.Pradad Gaonkar is suffering from high fever. Ld.Adv. for plaintiff strongly objects the adjournment. He points out the earlier adjournment sought by the defendant. He also points out that in some of earlier adjournment the ground of illhealth the Ld.Adv. for plaintiff was taken. He also points out that matter is part heard and was specifically kept at 2.45pm today.
This court had already made it clear that this being part heard matter, needs to be finished at earliest. Seeking adjournment would therefore necessarily causes delay. Having sympathy towards reason of illhealth of Ld.Adv. for defendant, matter is adjourn to 27/04/2023. If, Ld.Adv.Prasad Gaonkar could not recover from illness, defendants shall make alternate arrangement to work out the matter. No adjournment would be granted on any reason whatsoever. Thus, matter is adj to 27/04/2023 for hearing on SJ P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Dalal for plaintiff present.
Adv.Prasad Gaonkar for defendant Nos.2 to 4 present.
Heard both the sides on SJ No.167/2018.
F.R.S.R. following order is passed on SJ No.167/2018.
ORDER
A.Conditional leave to defend is granted to the defendant No. 2 and 4 subject to their depositing an amount of Rs. 26,50,000/- (Rupees Twenty Six Lakhs Fifty Thousand only) before this Court, as a security, within eight (08) weeks from today.
B.Amount, if deposited by the defendants, be invested in fixed deposits with Nationalized Bank, as per the rules.
C.Defendant Nos. 2 and 4 are at liberty to file Written Statement within next two weeks from the date of compliance of condition of deposit of amount.
D.Summons for Judgment No.167 of 2018 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 27-04-2023