Date: 24-07-2019
Business: Application dated 12/06/2019 filed by Defendant no.3 is on record. Said application is for rejection of the plaint under Order 7 Rule 11 of CPC. It seems that said application is not marked hence application dated 12/06/2019 is marked as Exh.3. Plaintiff is directed to file reply to Exh.3.
Advocate Mr. Chothani for Plaintiff present and filed registered Notice of Motion no.1940/2019 with affidavit in support, t.o.r.
Advocate Mr. Shruboddhe for Defendant no.1 and 2 present and filed vakalatnama, t.o.r. and submitted that as the relies in NM no.1940/19 is claimed against Defendant no.3 only, Defendant no.1 and 2 are not intending to file their reply to said NM.
None present for Defendant no.3.
Advocate for Plaintiff submitted that suit flat no.C/64 is owned by Plaintiff and flat no.C/64 owned by Defendant nos.1 and 2. Exh.A is agreement related to C/63 of 1985 and Exh.B of 2012 is related to C/64. Exh.D dated 18/03/2019 is the application filed with Society for amalgamation of above two flats. Society granted such permission on 09/04/2009 which is at Exh.E. On 17/04/2019 Defendant no.3 issued notice Exh.G through advocate Mr. Shinde to one M/s Carpe Heat Transfer Pvt. Ltd and Ors including Defendant nos.1 and 2 who are shown at serial no.5 and 6 to said notice. In said notice it is contended that flat nos.C/64 was mortgaged by M/s Carpe Heat Transfer Pvt. Ltd in favour of Defendant no.3 for certain loan transaction. Further, as mentioned in said notice M/s Carpe Heat Transfer Pvt. Ltd made default in payment of loan and therefore action under Secuterization Act was taken by Defendant no.3 for said mortgaged property. Notice Exh.H is issued by Defendant no.3 in respect of both the flats i.e. C/64 and C/63 even though flat no.C/63 owned by Plaintiff was not the subject matter of the mortgaged hence according to Plaintiff\''s advocate Plaintiff can not be dispossessed by Defendant no.3 under notice Exh.H. Therefore, Plaintiff\''s advocate vehemently argued that NM is necessary to be made absolute because Plaintiff has apprehension of his dispossession from flat no.C/63.
Case is adjourned to 29/07/2019 for argument of Defendant no.3.
L.O.
Advocate Selvi Laxman for Defendant no.3 present and submitted that this court has no jurisdiction to pass the orders in respect of the property which is subject matter of Secuterization Act and SURFACEE Act. It is argued that without giving knowledge to Defendant no.3, if Plaintiff would have amalgamated flat no.C/63 and C/64, Defendant no.3/Bank can not be held responsible for the mistake of Plaintiff hence the NM is necessary to be dismissed.
Case is adjourned to 29/07/2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 29-07-2019
Date: 29-07-2019
Business: Advocate Mr. Aditya Manjrekar for Plaintiff present
Advocate for Defendant no.1 and 2 present
Court is busy in hearing Chamber Summons and Notice of Motion in suit no.450/09, hence case is adjourned to 07/08/2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 07-08-2019
Date: 07-08-2019
Business: Advocate Mr. Raju U. Shinde for Defendant no.3 filed pursis for production of documents, t.o.r.
Court is busy in dictating order NM in suit no.234/19 and hearing NM arguments in suit no.1700/16, hence case is adjourned to 16/08/2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: Advocate Manjrekar for Plaintiff present.
Advocate Raju Shinde for Defendant no.3 present.
Court is busy in dictating order on Notice of Motion in suit no.1874/15, hence case is adjourned to 22/08/2019 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: Advocate Aditya Manjrekar for Plaintiff present
Court is busy in hearing NM in suit no.4935/12 and court has to dictate order on NM in suit no.2447/18, case is adjourned to 29/08/2019.
Next Purpose: NM ORDERS
Next Hearing Date: 29-08-2019
Date: 29-08-2019
Business: Advocate Aditya Manjrekar for Plaintiff present
None present for Defendant.
F.R.S.R. following order has passed-
ORDER
Notice of Motion no.1940 of 2019 stands disposed off/dismissed.
Case is adjourned to 13/11/2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Court is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Advocate for Plaintiff present
Advocate Ms. Harshada Patil for Defendant no.3 present and sought time to file Written Statement of Defendant no.3. However, as affidavit of service of writ of summons is not on record, adjmt granted.
Case is adjourned to 21/03/2020 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: None present for Plaintiff.
None present for Defendant.
In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard, hence case is adjourned to 24/06/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Business: Adjd. to 18.09.2020 due to Covid-19.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 06/11/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 08.02.2021
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: None present for plff
None present for deft.
K.B. in the afternoon session for WS.
L.O. at 2.50 p.m.
None present for both the parties.
Even though matter is posted today for filing written statements by teh defts., perusal of the roznama shows that plff has not filed affidavit of service of writ of summons on the defts till date hence, matter be removed from the caption of written statement and it be kept for filing affidavit of service of writ of summons by the plff. as nobody is present for the plff today. Matter is adjd. for affidavit of service of writ of summons to 30.04.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: None present for both the parties hence, matter be kept for order to 01.12.2021.
Judge
Next Purpose: ORDER
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: None present for plff.
Adv Ms. Saloni Kharidia i/b Ms Sutapa Saha for deft Nos.1 and 2 present and filed application Exh.6 for seeking permission for withdrawal of appearance on behalf of deft Nos.1 and 2 by submitting that intimation in that regard is already served on those defts by sending E-mail. Contention raised to that effect in the application is supported by hard copy of E-mail dt.01.11.2021 hence, permission to withdraw appearance on behalf of deft No.1 and 2 is granted. Application Exh.6 is thus allowed as above.
Adv Ms. Akshada Patil i/b Raju Shinde for deft No.3 present and seeks time to file WS. Already more than sufficient time is granted as adjournment was claimed on 22.01.2020 to file WS. As deft No.3 failed to file WS hence, suit to proceed without WS against the deft No.3. Plff has not filed affidavit of service of writ of summons in respect of deft Nos.1 and 2 hence, matter be kept for dismissal order on next date.
Matter is adjd. for dismissal order to 27.01.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Due to Covid 19
Next Purpose: DISMISSAL
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Court is on Leave
Next Purpose: DISMISSAL
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: Court is on leave
Next Purpose: DISMISSAL
Next Hearing Date: 02-07-2022
Date: 02-07-2022
Business: None present for both sides.
KB
LO at 01.35 pm,
None present for both sides.
KB
LO at 04.45 pm,
Read the roznama dated 01.12.2021, the plaintiff was directed to file service affidavit of writ of summons in respect of defendant No.1 and 2. The plaintiff failed to comply with the same till today, hence, I pass the following order below Exh.1.
ORDER BELOW EXH.1
Suit is dismissed against defendant No.1 and 2.
Suit is adjourned for dismissal order to 27.09.2022
Next Purpose: DISMISSAL
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: None present.
K.B
Later on at 11.42 a.m.
Adv.Aalok Mishra for defendant no. 3 is present.
None present for plaintiff.
KB.. Later on 05.40 p.m.
Order Below Exh. 1
Read the roznama dt. 02.07.2022 the suit has been dismissed against defendant nos. 1 and 2. In-spite of this fact the plaintiff remained absent and failed to proceed with this suit. Hence, I passed the following order.
ORDER
1. Suit is dismissed in default.
2.Parties to bear their own costs.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 27-09-2022