Mrs. Usha Shriram Wasan through its Power of Attorney Holder Ajay WasanVsNiraj Kakad Constructions +2 more

Date: 26-11-2018
Business: Adv. Shweta Rao for Plaintiff present.
None  for Defendant.
Advocate for plaintiff has filed application to file the extension of time to lodge the summons with bailiff.
Order  Time is extended.
Matter is adjd. to 28/01/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 28-01-2019

Date: 28-01-2019
Business: Adv. Krupa Parekh for Plaintiff present.
None  for Defendant.
Advocate for plaintiff has filed affidavit of service, TOR.
The advocate for plaintiff has also filed application for issuance of fresh writ of summons, against defendant no.1 and 2.
Order  Issue fresh writ of summons against defendant no.1 and 2.
Matter is adjd. to 28/02/2019 for Report.
Next Purpose: REPORT
Next Hearing Date: 28-02-2019

Date: 28-02-2019
Business: None  for Plaintiff.
None for Defendant.
Matter is adjd. to 26/04/2019 for Service.
Next Purpose: REPORT
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Adv for plaintiff Ms.Parikh present
Adv for plaintiff prayed for fresh issuance of summons on new address by filling application.
O-Issue summons as prayed.
Matter is Adjd for Affidavit of Service to 26/07/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-06-2019

Date: 25-06-2019
Business: By Precipe,
Adv for plaintiff Mr.Shailesh Dubey present
He filed application for issuance of summons on new address
O-Issue summons against deft no. 1 and 2 as prayed.
Already Adjd for Affidavit of Service to 26/07/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: Adv. Shailesh Dubey for plaintiff present.
None for defendant.
Adj for Steps on 19/10/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Matter called out(12.31pm)
Exh- Adv.Krupa Parath for plaintiff present tendered application for seeking extension of time to serve.
Matter is adj to 04/12/19 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: Court is busy in recording of evidence of Suit No. 4394/07 and 8030/02
Adv.Krupa Parath for plaintiff present filed application for seeking extension of time to serve. (Exh-6)T.O.R. Order- Granted.
Matter is adj to 06/02/2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Matter is called out at 12.55pm
Adv.Anjali Patel for plaintiff present.
Plaintiff filed service affidavit (Exh-7) along with the acknowledgement.  In spite of service none appeared for defendant hence, matter proceed ex-parte.
Matter is adj to 01/04/2020 for ex-part evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-05-2020

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

Date: 12-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-07-2020

Date: 14-07-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principle Judge, Bombay CIty Civil Court in the back drop of outbreak of Novel Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-05-2021

Date: 06-05-2021
Business: In view of office order No. 81/2021 dtd. 17.04.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 23/08/2021 for exparty evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Adv.Aishwarya Venkitaraman h/f.Adv.Krupa Parekh for plaintiff present.
None present for defendant.
Matter adjd. to 03.09.2021 for recording evidence (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Adv.Aishwarya Venkitaraman h/f. Adv.Krupa Parekh for plaintiff present.
None present for defendant.
KB for filing evidence
LO at 12.44 pm
Adv.Aishwarya Venkitaraman h/f. Adv.Krupa Parekh for plaintiff present.
Mr.Ajay Wasan (CA of plaintiff) present.
Witness Mr.Ajay Wasan, PW-1 present. He tendered affidavit of evidence a/w. documents. Affidavit of evidence is read and recorded and marked at Exh.8.
Adv. of plaintiff filed list of documents, Exh.9 t.o.r. O-filed.
Evidence closure pursis, Exh.10 filed by Adv. of plaintiff t.o.r.
O-filed.
Matter adjd to 17.09.2021 for exhibition of documents.
                                                                                              Judge
LO at 02.45 pm
Adv.Aishwarya Venkitaraman h/f. Adv.Krupa Parekh for plaintiff present and filed application to file secondary evidence, Exh.11 t.o.r.
Heard on application, Exh.11.
Matter adjd to 17.09.2021 for exhibition of documents and order on application Exh.11.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Adv.Krupa Parekh for plaintiff present.
None present for defendant.
Plaintiff wants to file adjournment application, hence, keep back.
LO at 12.44 pm
Adv.Krupa Parekh for plaintiff present.
      Plaintiff submits that she wants to file original documents from Court of M.M. hence, adjourned for filing of documents on 08.10.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: Adv.Dinesh Sharma h/f. Adv. Krupa R. Parekh present for plaintiff.
None present for defendant.
On oral request of plff. adv. adjd. for filing of documents.
Matter adjd to 11.11.2021  for filing of documents.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: Adv.Aishwarya Venkiaraman h/f.Adv.Krupa Parekh for plaintiff present.
None present for defendant.
The plaintiff tendered application for adjournment, Exh.12 t.o.r.
O-Time granted.
Matter adjd to 22.12.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 17.02.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv.Aishwarya Raman h/f.Adv.Krupa Parekh for plaintiff present.
None present for defendant.
The plaintiff filed application for issuance of directions to Chief Metropolitan Magistrate Court to permit the plaintiff to withdraw the documents. It is t.o.r. and marked as Exh.13.
Matter adjd to 11.03.2022 for order on Exh.13.
Next Purpose: ORDER
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: None present for plaintiff.
None present for defendant.
The plaintiff is absent. No argument on Exh.13.
ORDER ON EXH.13
 The plaintiff has filed this application for issuance of direction to the Metropolitan Magistrate to allow the plaintiff to withdraw the original documents from the case before said Metropolitan Magistrate. It appears that the plaintiff has produced those documents in the said criminal case before said Court. The plaintiff is entitled to make application before said Court for withdrawal of those documents by permission of said Metropolitan Magistrate. Hence, there is no necessity to issue the direction to the said Court to allow the plaintiff to withdraw said documents. Moreover, it is the discretion of said Metropolitan Magistrate which cannot be compared by such order. Hence, application is liable to be rejected in the result I pass the following order.
ORDER
1. Application Exh.13 is rejected.
2. Costs shall follow the event.
LO at 11.12 am,
Adv.Aishwarya Venkitraman h/f.Adv.Krupa Parekh for plaintiff present. Plaintiff to take steps in respect of documents.
Matter adjd to 30.03.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Adv.Aishwarya Venkitaraman h/f.Adv.Parekh for plaintiff present.
None present for defendant.
KB for filing chamber summons.
LO at 11.50 am,
Adv.Aishwarya Venkitaraman h/f.Adv.Parekh for plaintiff present.
Adv.of defendant filed draft chamber summons a/w. affidavit in support t.o.r. O-Leave granted to register draft chamber summons.
Matter adjd to 16.04.2022 for hearing of chamber summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: HHJ is on training.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-05-2022

Date: 06-05-2022
Business: Adv.Aishwarya Raman h/f.Adv.Krupa Parekh for plaintiff present.
None present for defendant.
On oral request adjd for filing registered chamber summons.
Matter adjd to 01.07.2022 for C/s. hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: Adv Swati Ugale Present for Plff.
None Present for Deft.
Adv of plff tendered registered CS 580/22 along with affidavit.
Ex.14 - Adv of plff filed service affidavit of CS 580/22  along with RPAD acknowledgement. As per service affidavit and RPAD acknowledgement deft no.1,2,3 and proposed deft no.4,5,6 are served with CS 580/22.
Adj. for order against deft in respect of CS 580/22 on 22/07/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv. Dinesh Sharma h/f Adv. Krupa Parekh Present for Plff.
None Present for Deft.
As per service affidavit Ex.14 deft no.1,2,3 and proposed deftno.4,5,6 served with CS 530/22 on 17/05/2022 but they did not appear. Hence CS be proceeded without reply.
Adj. For Hearing on CS 530/22 on 02/08/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: Adv. Swati Ugale h/f Adv. Krupa Parekh Present for Plff.
None Present for Deft.
Adv of plff seeks time for hearing. Granted.
Adj. For Hearing on CS 530/22 on 23/08/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: Adv. Mitra h/f Adv. Kurpa Parekh Present for Plff.
None Present for Deft.
Adv of plff seeks time for hearing on CS 530/22. granted as a last chance.
Adj. For Hearing on CS 530/22 on 16/09/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Adv. Krupa Parekh Present for Plff.
None Present for Deft.
Heard argument adv of plff on CS 530/2022.
Adj. For Order on CS 530/22 on 30/09/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: Adv. Twinkle Kothan I/b Adv. Krupa Parekh Present for Plff.
None Present for Deft.
PO is busy in Judgment in COM SU 1037/21, NM 1100 /22 and Argument in COM SU 251/19, 249/19, 250/19.
Adj. For Order on CS 530/22 on 12/10/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Adv. Twinkle Kothari I/b Adv. Krup R.Parekh present for plff.
None present for the deft.
F.R.S.R. following order passed on CS 530/22
1. Chamber Summons No.530 of 2022 is made absolute as under.
2. Plaintiff is allowed to add defendant No.4 to 6 and insert para insert Paragraph and prayer in the plaint; as prayed.
3. Plaintiff shall carry out amendment till next date.
Adj. For Compliance on 03/11/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: Adv. Twinkal Kothari I/b Adv. Krupa Parekh Present for Plff.
None Present for Deft.
Plff has carried out amendment as per order dt.12/10/2022. Suit summons to issue newly inserted deft no.4 to 6.
Adj. For Service affidavit on 03/12/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-12-2022

Date: 03-12-2022
Business: Adv. Bindra h/f Adv. Krupa Parekh Present for Plff.
None Present for Deft.
Ex.17- adv of plff has filed service affidavit along with RPAD cards. It shows that plff has sent amendment copy of plaint to deft no. 3 to 6 personally and not through the department of this Court, therefore the said service is not admissible.
Ex.1/1 - Amendment plaint filed by adv of plff.
Adj. For  WS of Deft no. 4 to 6 and Service affidavit on 06/01/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-01-2023

Date: 06-01-2023
Business: Adv.Dinesh Sharma Present for Plff.
Adv. Ms. Aditi Rajput contended that deft served with suit summons on 28/12/2022 and deft instructed her for appearing on their behalf and for filing VP on their behalf. Suit is already proceeded Ex-parte against deft no.1 to 3.
Adv of plff seeks time to file service affidavit. Granted.
Adj. For WS of deft no. 4 to 6 subject to limitation and service affidavit on 03/02/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2023

Date: 03-02-2023
Business: Adv. Dinesh Sharma h/f Adv. Krupa Parekh Present for Plff.
Deft no.1 to 3 proceeded Ex-parte.
None Present for Deft.
Exh.18- Adv of plff has filed affidavit of service along with RPAD envelops and RPAD card of deft no.6.
RPAD envelops addressed to deft no.4 and 5 returned with postal remark intimation dt.28/12/2022. RPAD card shows that deft no.6 served with suit summons on 28/12/2022.
KB 2.45 pm.
Deft no.4 to 6 already appeared on 21/11/2022.
LO 3.50 p.m.
None present.
Defendant Nos.4 to 6 have not filed written statement within 30 days from 21/11/2022. Hence, suit be proceeded without WS against them.
Case adjourned for Evidence without WS against defendant Nos.4 to 6 and Ex-parte evidence against defendant Nos.1 to 3 to 04/03/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: Adv. Twinkle Kothari for plaintiff present.
None present for defendant.
Adv.of plaintiff seeks adjournment for adducing evidence. Granted. Plaintiff has filed chief examination of PW No.1 at Exh.8 on 03.09.2021.
Case adjd for marking of documents to 24.03.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-04-2023

Date: 06-04-2023
Business: Adv. Mitra h/f Adv. Krupa Parekh Present for Plff.
None Present for Deft.
PW-1 Present.
Copy of Power of attorney verified from its original.
Adj. For Marking of document on 09/06/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: By Praecipe
Adv. Smt. Sukhvir Kaur h/f Adv. Lavkush Sharma Present for Deft no.4,5,6.
Exh.19-Application for taking matter on today\''s board. - Allowed.
Adv of deft no. 4 to 6 filed draft NM along with affidavit for condonation of delay in filing WS. Leave granted to register NM. Copy be served upon otherside.
Adv of deft no.4,5,6 has presented WS. It will be taken on record subject to order on NM.
Already adj. For NM returnable on 09/06/2023.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: Court is on leave. Hence, adjd.to
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: HHJ is on leave today. Hence adjourned to
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: None present for parties.
O- Matter is pending for submission of registered NM
moved by the defendant for condonation of delay in
filing W.S.  The record reflects that Ex-parte order is
passed against defendant nos. 1 to 3 and def nos. 4 to 6
were served with the Writ of Summons on 21.011.2022.
Therefore, 120 has elapsed since service of Writ of
Summons to defe. Nos. 4 to 6.  Hence, put up the matter
for marking of documents and evidence of plaintiff
without WS of def nos. 4 to 6.
Matter is adj for marking of documents and evidence
without WS of deft nos. 4 to 6  to 29/08/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: None present for parties.
Matter is adj for recording evidence to 26/09/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: None present.
O- On 24.03.2023 the ld. adv of defs. Nos. 4 to 6 filed draft NM a/w affidavit for condonation of delay in filing written statement.  Leave was granted to register the said NM and the NM was returned back to the ld. counsel of said defendants for registration and thereafter the said NM was registered was NM No. 1803/2023, but till today the registered copy is not filed on record.  None appeared for def. nos. 4 to 6 on 26.06.2023 and 29.08.2023.  Today also none appears for them.  Hence, the un-tendered registered NM No. 1803/2023 is hereby dismissed for default.
Matter is adj for evidence without W.S. to 07/12/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: None present.
Matter is adj. for recording evidence without w.s. to 06.01.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2024

Date: 06-01-2024
Business: None present.
Matter is adj. for recording evidence without WS to 14/02/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-02-2024

Date: 14-02-2024
Business: None present.
ORDER : Matter is pending for evidence without Written statement. None appears for the plaintiff since last two dates therefore, put up the matter for dismissal order.
Matter is adj. for dismissal order to 15/03/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 15-03-2024

Date: 15-03-2024
Business: P.O. is on leave.
Next Purpose: DISMISSAL
Next Hearing Date: 30-03-2024

Date: 30-03-2024
Business: None present.
Matter is adj. for dismissal to 20/04/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: Court  is on leave in first session hence, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 06-07-2024

Date: 06-07-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
None present.
KB
LO at 1.30 pm.
None present.
O- On dated 26.07.2023 it was directed that matter be put up for marking of documents and evidence of plaintiff without WS of defendant no. 4 to 6. But, none appears on behalf of plaintiff for hearing on marking of documents. The PW-1 has also not appeared before the court since 26.07.2023. None appeared for defendant no. 4 to 6. Therefore vide order dated 14.02.2024 matter was posted for dismissal order. Today also none appears on behalf of plaintiff therefore the suit is hereby dismissed in default of non appearance. The pending interim applications, if any, are also hereby disposed off consequently.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 06-07-2024

NOTICE OF MOTION/101803/2023
CHAMBER SUMMONS/100530/2022

Registration Number: 100470/2021
Transfer Date: 13-08-2019
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 7 - COURT  07 ADDL SESSIONS JUDGE

Registration Number: 100470/2021
Transfer Date: 16-03-2020
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100470/2021
Transfer Date: 20-05-2021
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Filing Number: 107773/2018
Filing Date: 13-06-2018
First Hearing Date: 26th November 2018
Decision Date: 06th July 2024
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE