Date: 16-08-2018
Business: Adv. Ms. Shagupta Ansari for the Plaintiff present.
Adv. Mr. Anuj Jaiswal for Defendant present.
Draft Notice of Motion alongwith affidavit in support taken out by the plaintiff. t.o.r. Leave granted to register.
Matter is adjd. to 4.10.2018 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2018
Date: 04-10-2018
Business: Adv. Mr. Vaid for the Plaintiff present.
Original Notice of Motion no. 3236/18 alongwith affidavit in support tendered by the plaintiff. t.o.r.
Adv. Mr. Ajay Jaiswal for Defendant present and filed Vakalatnama. t.o.r. O-filed.
Written statement tendered by the deft. t.o.r .O-filed.
Reply to N/M tendered by the deft. t.o.r .
Matter is adjd. to 13.11.2018 for N/M hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-11-2018
Date: 13-11-2018
Business: Adv. Ms. Shagufa Ansari for the Plaintiff present.
Adv. Mr. Anand Jaiswal for Defendant present.
Adv for the deft seeks adjournment. Granted as a last chance.
Matter is adjd. to 14.12.2018 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2018
Date: 14-12-2018
Business: Adv. Vaid for the plaintiff present.
Adv. Jaiswal for defendant present.
List of the documents tendered by the plaintiff. TOR
Matter is adjd. to 15.2.19 for NM Hearing/ Draft Issues.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2019
Date: 15-02-2019
Business: Resumed.
Adv. Shagufa Ansari for plaintiff and Adv. Erav Shah for defendant no. 1 are present.
Adv. Ansari seeks time to argue the NM.
Adjd for NM arguments to 02.04.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-04-2019
Date: 02-04-2019
Business: Resumed.
None for plaintiff. Adv. Nirav Shah for defendant are present.
Plaintiff has not argued the NM No. 3236/2018.
Adjd for NM arguments/dismissal orders to 05.07.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2019
Date: 05-07-2019
Business: Adv. Ansari for plaintiff present.
Adv. Shah for defendant present.
Counsel for the plaintiff seeks time for hearing on NM as she want to file the documents. Since long the NM is pending.
Put up for dismissal of NM.
Adjourned for NM dismissal of NM to 6.8.2019.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 06-08-2019
Date: 05-07-2019
Business: Adv. Ansari for plaintiff present.
Adv. Shah for defendant present.
Counsel for the plaintiff seeks time for hearing on NM as she want to file the documents. Since long the NM is pending.
Put up for dismissal of NM.
Adjourned for NM dismissal of NM to 6.8.2019.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: Adv. Vaid for plaintiff present.
Adv. Jaiswal for defendant present.
Application filed on behalf of plaintiff for setting aside order of keeping NM for dismissal.
O-Read application. As plaintiff is ready to argue the NM hence order of dismissal of NM is recalled.
Adjourned for NM hearing to 16.9.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Adv. Vaid for plaintiff present.
None present for defendant.
Heard Ld. Advocate for plaintiff on NM. None present for defendant.
Put NM for order.
Adjourned for order on NM to 25.9.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 25-09-2019
Date: 16-09-2019
Business: Adv. Vaid for plaintiff present.
None present for defendant.
Heard Ld. Advocate for plaintiff on NM. None present for defendant.
Put NM for order.
Adjourned for order on NM to 25.9.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM ORDERS
Next Hearing Date: 03-10-2019
Date: 25-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM ORDERS
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: Adv. M. A. Vaid for plaintiff present.
Adv. Neerav Shah for defendant no. 1 present.
Exh.7a Reply filed by the plaintiff on Exh. 7.
Order below Exh. 7
Read application. Heard. The Ld. counsel for the defendant no. 1 submitted that the defendant no. 1 was all along ready for hearing on NM and on various occcasions the plaintiff has sought adjournment. Even the Notice of Motion was put for dismissal order on 5.7.2019 and vide order dated 6.8.2019 on application (Exh 6), the said order of dismissal was set aside. He would submit that on 16.9.2019 when the matter was called for hearing the counsel for the defendant no. 1 was in some other court and therefore could not attend the proceeding.. The counsel for the plaintiff completed the argument and matter was placed for order. He would submit that if the defendant no. 1 is not permitted to argue the matter, great prejudice would be caused to defendant no. 1.
The Ld. Counsel for the plaintiff opposed thee application on the count that the contentions raised by the defendant no. 1 are not maintainable. The NM was for hearing on 16.9.2019 and he ought to have remain present for hearing on NM.
On perusal of the record it reveals that on 16.9.2019 the counsel for defendant no. 1 was not preset and after hearing the counsel for the plaintiff, matter was posted for order on NM. On 25.9.2019 the counsel for the defendant no. 1 tendered this application. On perusal of the previous roznamas it reveals that the defendant no. 1 was present through his counsel and on several occasions plaintiff has sought the adjournment. The notice of motion is not decided. It would be proper to decide the notice of motion on merit after giving fair opportunity to defendant no. 1. Hence matter is removed from the caption of order, with liberty t to defendant no. 1 to argue the NM.
______________________________________________
Adjourned for hearing on NM to 6.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2019
Date: 03-10-2019
Business: Adv. M. A. Vaid for plaintiff present.
Adv. Neerav Shah for defendant no. 1 present.
Exh.7a Reply filed by the plaintiff on Exh. 7.
Order below Exh. 7
Read application. Heard. The Ld. counsel for the defendant no. 1 submitted that the defendant no. 1 was all along ready for hearing on NM and on various occcasions the plaintiff has sought adjournment. Even the Notice of Motion was put for dismissal order on 5.7.2019 and vide order dated 6.8.2019 on application (Exh 6), the said order of dismissal was set aside. He would submit that on 16.9.2019 when the matter was called for hearing the counsel for the defendant no. 1 was in some other court and therefore could not attend the proceeding.. The counsel for the plaintiff completed the argument and matter was placed for order. He would submit that if the defendant no. 1 is not permitted to argue the matter, great prejudice would be caused to defendant no. 1.
The Ld. Counsel for the plaintiff opposed thee application on the count that the contentions raised by the defendant no. 1 are not maintainable. The NM was for hearing on 16.9.2019 and he ought to have remain present for hearing on NM.
On perusal of the record it reveals that on 16.9.2019 the counsel for defendant no. 1 was not preset and after hearing the counsel for the plaintiff, matter was posted for order on NM. On 25.9.2019 the counsel for the defendant no. 1 tendered this application. On perusal of the previous roznamas it reveals that the defendant no. 1 was present through his counsel and on several occasions plaintiff has sought the adjournment. The notice of motion is not decided. It would be proper to decide the notice of motion on merit after giving fair opportunity to defendant no. 1. Hence matter is removed from the caption of order, with liberty t to defendant no. 1 to argue the NM.
______________________________________________
Adjourned for hearing on NM to 6.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Adv. Vaid for plaintiff present.
Adv. Akash Kothari for defendant present.
The Ld. counsel for the defendant seeks time for hearing on NM. He would submit that the counsel is not available. Hence, adjourned for hearing on NM to 19.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. Vaid for plaintiff present.
Adv. Nirav Shah for deft. present.
The matter is adjd for N/M hearing to 22.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2020
Date: 19-12-2019
Business: Adv. Vaid for plaintiff present.
Adv. Nirav Shah for deft. present.
The matter is adjd for N/M hearing to 22.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. Vaid for plaintiff present.
Adv. Jaiswal for deft. no.1 present.
Ld. counsel for deft. no.1 seeks time for hearing. Granted as a last chance.
The matter is adjd for N/M hearing to 27.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv. Vaid for plaintiff present.
Adv. Dalal for deft. present.
Ld. counsel for plaintiff seeks time for hearing. Granted.
The matter is adjd for N/M hearing to 16.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020
Date: 27-02-2020
Business: Adv. Vaid for plaintiff present.
Adv. Dalal for deft. present.
Ld. counsel for plaintiff seeks time for hearing. Granted.
The matter is adjd for N/M hearing to 16.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-05-2020
Date: 05-05-2020
Next Purpose: NM FOR HEARING
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 FOR HEARING
Next Hearing Date: 12-06-2020
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 FOR HEARING
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 FOR HEARING
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjd to 11.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2020
Date: 24-09-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjd to 11.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: None present when matter called.
The matter is adjd for N/M hearing to 18.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2021
Date: 11-12-2020
Business: None present when matter called.
The matter is adjd for N/M hearing to 18.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Plaintiff in person present.
Adv. Kothari for deft. present.
Ld. counsel for deft. seeks short adjournment. Granted.
The matter is adjd for N/M hearing to 04.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2021
Date: 18-01-2021
Business: Plaintiff in person present.
Adv. Kothari for deft. present.
Ld. counsel for deft. seeks short adjournment. Granted.
The matter is adjd for N/M hearing to 04.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv. Vaid for plaintiff present.
Adv. Dalal for deft. present.
Heard argument of both the parties on N/M No. 3236/18
The matter is adjd for Order to 10.02.2021.
Next Purpose: ORDER
Next Hearing Date: 10-02-2021
Date: 04-02-2021
Business: Adv. Vaid for plaintiff present.
Adv. Dalal for deft. present.
Heard argument of both the parties on N/M No. 3236/18
The matter is adjd for Order to 10.02.2021.
Next Purpose: ORDER
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Plaintiff in person present.
None for deft.
F.R.S.R. following order is passed -
ORDER
1. N/M No.3236/18 stands rejected.
2. Costs in the cause.
The matter is adjd for issues to 03.04.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for framing issues to 12.07.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 09.09.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: None present for plff.
Adv. Hitesh Mishra for deft is present.
Matter adjd for draft issues on 13.12.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Adv. Ansari for plff. Is present.
Adv. Kothari for deft. is present.
On oral request of both the advocates adjd. for draft issues on 08.03.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Pltff in person practising advocate present.
Adv. Barucha for deft present.
Both the advocates filed draft issues. TOR.
Perused the pleadings on record. Heard both the sides. Before framing of issues as per the mandate of Order-10, Rule1-A of the CPC this matter is to be taken up for consideration of ADR. Upon perusal of the documents specifically the photographs on record I am of the opinion that parties to the suit may be benefited if the matter is referred to mediation. Both sides have consented for referring the matter to mediation. As per section 89 of the CPC this matter is referred to mediation.
Parties are directed to attend mediation centre on 30/03/2022 at 2.00 p.m.
Matter is adjd to 05/05/2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Adv. Ved for pltff present.
Adv. Bhansali for deft present.
Report received from District Mediation Centre that the matter is not settled. TOR. Marked as Exh. 8.
Along with the report there is letter of ld Judge mediator that the matter is not settled. TOR. Marked as Exh. 9
Matter is adjd to 19/08/2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Plaintiff is present.
None present for defendant.
Matter adjd to 10.11.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Adv. Vidya Shet for plaintiff is present.
Adv. Cyrus Bharucha a/w Adv. Aakash Kothari for defendant is present and filed draft issues. T.O.R.
Matter adjd to 12.01.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Plaintiff in person is present.
Adv. Cyrus Bharucha for defendant is present.
Issues are framed at Exh.10.
Matter adjd to 08.03.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: P.O.is on leave. Matter adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: P.O.is on leave (First Session).
Matter adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-08-2023
Date: 02-08-2023
Business: Plaintiff present.
Adv. Akash Kothari for defendant is present.
Court is busy in passing judgment in suit no. 7485/83. Hence adjourned.
Matter adjd to 11.10.2023 for filling evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-10-2023
Date: 11-10-2023
Business: None for plaintiff present.
Adv Bhagwat for defendant present.
Matter stands adjourned on 14-12-2023 for filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2023
Date: 14-12-2023
Business: Adv. Shagufa Ansari in person is present.
Adv. Cyrus Bharucha for defendant is present.
On oral request of plaintiff matter is adjourned for filing evidence.
Matter adjd to 28.02.2024 for filling evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: None present for plaintiff.
Adv. Tushar Bhagwat i/b Little and Co. for defendant is present.
Last chance granted to plaintiff to lead oral evidence, on failure further order will be passed on next date.
Matter adjd to 30.03.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-03-2024
Date: 30-03-2024
Business: Adv. Yusuf Ansari h/f Vaid and Associates for plaintiff is present and seek time on the ground that plaintiff has met with an accident. He filed adjournment application Exh.11 is supported by medical report. O-Time granted.
Adv. Nirav Shah for defendant is present.
Matter adjd to 21.06.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: Adv. Shagufa Ansari for plaintiff is present and seek time to lead evidence on the ground of ill health of advocate. O- Time granted.
Adv. Akash Kothari for defendant is present.
Matter adjd to 30.08.2024 for evidence of plaintiff on the request of both advocates.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-08-2024
Date: 30-08-2024
Business: P. O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-10-2024
Date: 25-10-2024
Business: Plaintiff in person present and filed evidence affidavit Exh.12. TOR. Copy served on other side. Compliation of document is served on other side.
She admits the contents of evidence affidavit on S. A hence read and recorded.
She further seek time for filing document. O- Time granted with consent.
Adv. Yusuf Ansari for plaintiff is present.
Adv. Rajeshwari S. Patwardhan i/b Little and Co. for defendant is present.
Matter adjd to 15.01.2025 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-01-2025
Date: 15-01-2025
Business: None present for plaintiff.
Adv. C. Bharucha i/b Little and Co. for defendant is present.
KB
L. O at 12.05 p.m.
Plaintiff in person present and filed compilation of documents Exh.13. TOR. Copy already served on other side.
Adv. C. Bharucha i/b Little and Co. for defendant is present.
Matter adjd to 20.03.2025 for marking documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-03-2025
Date: 20-03-2025
Business: P.O. is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 30-06-2025
Date: 30-06-2025
Business: None present for plaintiff.
Adv. Sharva Patel i/b Little and Co. for defendant is present and seek time. O- Time granted.
Matter adjd to 19.08.2025 for admission denial.
L. O at 11.57 a.m.
Adv. Shagufa Ansari for plaintiff is present.
Matter already adjd to 19.08.2025.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-08-2025
Date: 19-08-2025
Business: P. O. is on leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-10-2025
Date: 17-10-2025
Business: None present for plaintiff.
Adv. Ms. Sharva Patel i/b Little and Co. for defendant is present and filed reply to the documents. TOR and marked as Exh.13A.
Matter adjd to 20.01.2026 for marking documents.
L. O at 12.00 p.m.
Adv. Yusuf I. Ansari for plaintiff is present.
Matter already adjd to 20.01.2026.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-01-2026
Date: 20-01-2026
Business: Adv. Yusuf Ansari for plaintiff is present.
Adv. Ridhika Kadam for defendant is present and seeks adjournment to file her reply on admission denial on documents.
Matter adjourned to 07.05.2026 for admission denial on documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-05-2026
Date: 07-05-2026
Business: Adv. Yusuf Ansari for plaintiff is present.
Adv. Richika Kadam i/b Little and co. for defendant is present and seeks adjournment.
Matter adjourned to 20.08.2026 for marking documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-08-2026
Date: 20-08-2026
Business: CORAM : HIS HONOUR JUDGE SHRI R. S. ARADHYE (C.R.NO.1)
None for plaintiff.
Adv. Cyrus Bharucha along with Adv. Niharikar Sing for defendant is present.
Matter adjourned to 27.10.2026 for Admission Denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-10-2026
