Kulbhushan Kapur and Ors. Applicants - Sharwan Vishwanath KapurVsSmt Rajrani Vishwanath Kapur deceased Amar Vishwanath Kapur and Ors.

Date: 23-07-2019
Business: Advocate Mr. Chande for Plaintiff present
Advocate Mr. Keval Shah for Defendant present and submitted that counsel Mr. Avinash Avhad who is going to argue the NM is unable to attend the Court today due to his personal difficulty. Plaintiff s advocate submitted that as ground of personal difficulty of Defendants counsel is shown for adjmt, such adjmt may be granted if court deems it fit. As the matter is since 1983 it will not be proper to adjourn the matter however considering personal difficulty of counsel for Defendant case is adjourned to 25/07/2019 for NM hearing.  Parties are directed to co operate with the court for early disposal of this suit which is pending for about 37 years.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2019

Date: 25-07-2019
Business: Adv. H.V. Chande present for Plaintiff.
Adv. Keval Shah present for Defendant.
Advocate Mr. Chande referred roznama dated 12/07/2018 and pointed out that on said date issues were framed by the Court. Adv. Mr. Chande further pointed out roznama dated 04/09/2018 and argued that on said date my Ld. Predecessor has directed the parties to produce original documents which are referred in their pleadings.  It is argued that said order was passed as per order XIII Rule 1 of C.P.C.  It is argued that order dated 04/09/2018 passed by my Ld. Predecessor was challenged by defendants by filing Writ Petition No. 25817/18 and said writ petition before Hon\''ble High Court.  Defendants Adv. Mr. Shah sought one weeks time to file documents referred in written statement.  And he further pointed out that as per the submission of Mr. Shah, Hon\''ble High Court modified order dtd. 04/09/2018 passed by my Ld. Predecessor and gave one week time to defendants for filing the documents as argued by advocate Mr. Shah.
It is argued that after framing of the issues defendants have taken out Draft N/M for recasting of issues and said N/M is pending.  However, after order dtd. 14/09/2018 passed by Hon\''ble High Court, defendants have produced only one document and now defendants are intending to give go by to the orders passed by my ld. Predecessor and to the order passed by Hon\''ble High Court.  According to Adv. Mr. Chande the stage for filing of the documents by defendants can be as provided by Order VIII or as provided by Order Xiii Rule 1 of C.P.C. and defendants can not give surprise to plaintiff by filing the documents at once at later stage.  It is argued that on 29/01/2019 affidavit of evidence of defendant No.5 came to be filed on behalf of defendants Nos. 3,5,7 and 9.  However, on that day neither list of document nor compilation of documents was filed in support of affidavit.  Hence, according to adv. Mr. Chande now defendants can not be permitted to file further documents even as provided by proviso U/O XVIII Rule 4 (1)of C.P.C.   Therefore, according to adv. Mr. Chande N/M taken by defendants is necessary to be dismissed.
Adv. Mr. Avhad representing defendant Nos. 3,5,7 and 9 if the documents are not filed with written statement such documents can be filed later on by obtaining leave of the court as provided by Order VIII Rule 1A(3) of C.P.C.  It is further argued that defendants even can filed documents as provided by proviso of Order XVIII Rule 4(1) of C.P.C.  Hence, according to Mr. Avhad for defendants the N/M is necessary to be allowed.
Case is adjourned to 01/08/2019 for order on Notice of Motion No. 2544/19.
Next Purpose: NM  ORDERS
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: Advocate Mr. Chande for Plaintiff present
Advocate Mr. Keval Shah for Defendant no.3,5,7 and 9 present
Court is busy in hearing NM in suit no.1400/19 and suit stamp no.6760/19, hence case is adjourned to 02/08/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-08-2019

Date: 02-08-2019
Business: Advocate Mr. Chande for Plaintiff present
Advocate Mr. Keval Shah for Defendant present.
K.B.
At 4.30 p.m.  Court started dictating order on NM and completed dictation at 5.30 p.m. None present for Defendant.  Order pronounced in open court.
F.R.S.R. following order has passed-
                                     ORDER
Notice of Motion no.2544 of 2019 stands disposed off/dismissed.
Suit to proceed for cross-examination.
Case is adjourned to 20/08/2019 for cross-examination.
Nature Of Disposal: DISMISSED
Disposal Date: 02-08-2019

Main Case No: SUIT/0107488/1983
Main Cnr: MHCC010049052012
Main Filing No: 111447

Filing Number: 107534/2019
Filing Date: 09-07-2019
First Hearing Date: 09th August 2019
Decision Date: 02nd August 2019
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE