Date: 23-07-2018
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-09-2018
Date: 14-09-2018
Business: Adv. Mr. Vyas for the Plaintiff present.
Father of deft no. 2 present.
Adv for the plaintiff seeks extension of time to serve writ of summons to deft no. 1. Time is extended.
Earlier order shall continue till next date.
Matter is adjd. to 13.11.2018 for proof of service of writ of summons of deft no. 1/ reply to N/M by deft no. 2/ passing no W.S order against deft no. 2.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-11-2018
Date: 13-11-2018
Business: Adv. Mr. Vyas for the Plaintiff present.
Adv. Mr. Apte for Defendant no. 2 present.
Adv. Mr. Vrushabh for deft no. 1 present. He waives service of writ of summons. He undertakes to file Vakalatnama on next date.
Adv for deft no. 2 seeks adjournment. Granted.
Earlier order shall continue till next date.
Adv for deft no. 1 has made statement that deft no. 1 will not enter in the suit premises. His statement is accepted.
Matter is adjd. to 17.12.2018 for W.S by deft no. 1 and 2/ reply to N/M by deft nos. 1 and 2.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2018
Date: 17-12-2018
Business: Adv. Mr. Vyas for the Plaintiff present.
Adv. Mr. Dhande for Defendant no. 2 present.
None present for deft no. 1.
Adv for deft no. 2 seeks adjournment for filing reply to N/M. Granted as a last chance.
Defendant no. 1 and 2 failed to file Written statement within stipulated period. Hence no Written Statement order is hereby passed against deft nos. 1 and 2.
Earlier order shall continue till next date.
Matter is adjd. to 31.01.2019 for reply to N/M/ evidence of the plff (without W.S )
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-01-2019
Date: 31-01-2019
Business: Adv. Mr. Vyas for the Plaintiff present.
Adv. Mr. Apte for Defendant no. 2 present.
Adv. Mr. Kalpak for deft no. 1 present.
Reply to N/M no. 2568/18 tendered by deft no. 2
Draft Notice of Motion alongwith affidavit in support with W.S taken out by the deft no. 2. t.o.r. Leave granted to register.
Vakalatnama tendered by deft no. 1. t.o.r. O-filed.
Earlier order to continue till the next date.
Matter is adjd. to 25.03.2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2019
Date: 25-03-2019
Business: Incharge of C.R No.1
Adv. Mr. Vyas for pltff
Adv. Suraj for Deft no.2 present.
Adv. S. Punami for Deft no.1 present.
Earlier order if any, continue till next date.
Matter is adjd to 18.06.2019 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2019
Date: 18-06-2019
Business: None present for Plaintiff.
Adv.Prasad Apte for defendant present and tendered original registered Notice of Motion No.819/19 along with affidavit.
Adv.for Plaintiff filed affidavit in rejoinder t.o.r.
Court is busy in dictating order hence, Board is discharged.
Case is adjourned to 13.08.2019 for Notice of Motion hearing.
Earlier order if any to be continued till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2019
Date: 13-08-2019
Business: Advocate Vyas for Plaintiff present
Advocate Milind Dhande h/f Adv. Apte for Defendant present and submitted that advocate Mr. Apte is suffering from illness hence matter may be adjourned. Considering submissions adjourned
Earlier order to continue till next date.
Case is adjourned to 23/08/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: Advocate Vyas for Plaintiff present
Advocate Puja Yadav for Defendant no.1 present
Advocate Kiran Chandolar for Defendant no.2 present and submitted that advocate Mr. Prasad Apte who has to argue NM for Defendant no.2 is unable to attend the Court today. Plaintiff advocate gave no objection to adjourn.
Earlier order to continue till next date.
By consent, case is adjourned to 24/09/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: Counsel Mr. B. M. Kantawala with advocate Mr. Vyas for Plaintiff present
Advocate Kunal Vaishnav for Defendant no.1 present
Advocate Prasad Apte for Defendant no.2 present
Heard.
F.R.S.R. following order has passed-
ORDER
1. Notice of Motion no.819 of 2019 is made absolute, subject to cost of Rs.2,200/- to be paid by Defendant no.2 to Plaintiff.
2. It is made clear that no Written Statement order passed against Defendant no.2 will be set aside after depositing said cost amount by Defendant no.2 in court or on paying said cost amount by Defendant no.2 to Plaintiff and thereafter Written Statement of Defendant no.2 will be accepted.
Defendant no.2 has paid cost amount of Rs.2,200/- to Plaintiffs advocate for paying it to Plaintiff, hence Defendant no.2 has complied order passed in Nm no.819/19, hence Written Statement of Defendant no.2 is t.o.r. and marked as Exh.5. Advocate for Defendant no.2 is directed to serve copy of Written Statement of Defendant no.2 upon Plaintiff\''s advocate or upon Plaintiff.
Heard arguments in respect of Notice of Motion no.2568 of 2018.
Case is adjourned to 25/09/2019 for Order on Notice of Motion no.2568/18.
Next Purpose: NM ORDERS
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: None present for Plaintiff.
None present for Defendant.
F.R.S.R. following order has passed-
ORDER
Notice of Motion 2568 of 2018 is made absolute in terms of prayer clause (a) of Notice of Motion.
Case is adjourned to 02/11/2019 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: Advocate Vyas for Plaintiff present and submitted that Defendant no.2 has paid cost as per order passed by the court in NM no.819/19 and Written Statement of Defendant no.2 is already on record but its copy is not served upon Plaintiff.
Advocate Chintan Bhuva h/f Adv. Prasad Apte for Defendant no.2 present and submitted that till next date copy of Written Statement of Defendant no.2 will be served upon Plaintiff. Considering submissions adjourned.
Case is adjourned to 03/12/2019 for compliance/draft issues.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Advocate Mr. Vyas for Plaintiff present
Court is busy in hearing final arguments in suit no.8316/95 and court has to record evidence in HCTB suit no.7460/06, hence case is adjourned to 28/02/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Advocate Mr. Vyas for Plaintiff present
Advocate Ms. Kiran Chandolkar for Defendant no.2 present
Both learned advocates submitted that in view of the order passed by the court Defendant no.2 has paid cost amount to Plaintiff and Written Statement of Defendant no.2 is already accepted by the Court which is at Exh.5. Therefore, parties are directed to file draft issues on next date.
Case is adjourned to 14/08/2020 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Business: National Lock down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Adv. Vyas present for plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that other parties are absent. Parties are directed to file draft issues on next date.
Case is adjourned to 06/01/2021 for Draft Issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv Mr. Jash B Vyas for Plaintiff present.
Noe present for Defendant.
Learned advocate for Plaintiff has filed draft issues Exh.6.
Matter is adjd. for filing draft issues by Defendant to 26.03.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv.Shri Josh Vyas for Plaintiff present.
Adv.Matkar for Defendant No.2 present and tendered registered NM No.896 of 2021 alongwith affidavit in support. He also tendered CS No.633 of 2021 alongwith affidavit in support.
Matter KB for reply.
LO at 3.20 p.m.
Adv. Josh Vyas for plaintiff present and filed reply in NM No.896 of 2021 and CS NO.633 of 2021. Copies served on the other side. By consent, matter adjourned for NM and CS rejoinder to 08/04/2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None present for plff.
Adv Ms.Pallavi Patel h/f Adv Ms. Anita Murgude for deft No.2 present and filed rejoinder in NM No.896/2021.
Matter is adjd. for NM hearing to 28.04.2021.
Judge
L.O. at 2.45 p.m.
Adv Mr. Vyas for plff present.
Adv Ms.Pallavi Patel h/f Adv Ms. Anita Murgude for deft No.2 present.
By consent, matter is adjd. for NM hearing in the afternoon session to 28.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: None present for plaintiff.
Adv.Matkar for defendant No.2 present.
Learned advocate for defendant No.2 requested that as nobody is present for the plaintiff today, matter may be adjourned to shortest possible date and he will intimate the next date to the other side. Considering the present Pandemic Condition, as nobody is present for the plaintiff, matter is adjourned at same stage to 06.05.2021.
Next Purpose: HEARING
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: Adv.Vyas for plaintiff present and seeks adjournment by submitting that Adv. Kantawala is unable to attend the court today.
Advocate Shri Matkar for defendant present.
By consent, matter adjourned for hearing in NM and chamber summong to 11.06.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Business: None present for both parties.
Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage
Next Purpose: HEARING
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: Adv Mr. Vivek Kantawala & Co for plff present.
Adv Ms. Pallavi Patel i/b Adv Matkar for deft No.2 present.
On request of adv .for the deft No.2, by consent, matter is adjd. for hearing to 12.07.2021.
Next Purpose: HEARING
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: Adv Mr.Vyas h/f Adv Mr. Kantawala for the plff present and seeks adjournment.
Adv Mr. Matkar for deft present.
By consent, matter is adjd. for NM and Ch/s hearing to 19.07.2021.
Next Purpose: HEARING
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: Adv Mr. Vyas h/f Adv Mr. Kantawala for plff present.
Adv Mr. Matkar for deft No.2 present.
During the hearing of arguments of ld. Advocate for defendant No.2 in NM No.896/2021, it came to my notice that I have acted as a Judge Mediator when the dispute between the parties was referred for attempt of settlement by the ld. Referral Judge then presiding over C.R.No.21 of the City Sessions Court, Mumbai. Ld. Advocate for defendant No.2, by taking instructions from defendant No.2 who is present in person in the Court today, has confirmed the same. Since I have acted as a Mediator, it would not be just to take up the present matter for hearing and disposal as a judge hence, it is necessary to make a reference to Hon’ble Principal Judge to transfer this matter to any other court for disposal in accordance with the law.
Matter is adjd. for awaiting directions and argument in NM and Ch/s to 29.07.2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: Adv. for Jayesh for plff present.
Adv. Rajiv Matkar for deft no. 2 present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd to. 04.08.2021 for. directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: Adv. Mr. Vivek Kantawala along with Adv. Jash Vyas for plaintiff present.
Adv. Mr. Rajeev Matkar I/b Adv. Priya Joshi for defendant No. 2 present.
Heard arguments of Adv. Mr. Rajeev Matkar for defendant No. 2 and Adv. Mr. Vivek Kantawala for plaintiff on chamber summons No. 633/2021
Adjd for Ch/s orders to 09/08/2021
Next Purpose: CH/S ORDERS
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: At 11.30 am
Adv. Jash Vyas I/b Adv. Kantawala for plaintiff present.
Exh- Adv. Shreya Shrivastava, Adv. Priya Gupta and Adv. Varsha Manoharan filed vakalatnama on behalf of defendant No. 1. O- Read and recorded.
Adv. Mr. Rajeev Matkar for defendant No. 2 present.
Heard arguments of Adv. Vyas h/f Adv. Kantawala for plaintiff and Adv. Mr. Matkar for defendant No. 2.
L.O.
Advocate for defendant no. 1 present.
Declared at 4.10 p.m.
FRSR the following order is passed in CS 633/2021
ORDER
1. The Chamber Summons No. 633 of 2021 is partly allowed.
2. The defendant no. 2 is allowed to carry out amendment in the Written Statement as per Schedule and allowed to file counterclaim.
3. The impleadment of proposed defendant Smt. Sushma Barar to plaint is rejected.
4. No order as to cost.
5. Accordingly, Chamber Summons No. 633 of 2021 is disposed of.
Adjd for NM hearing to 20/09/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv. Vivek Sharma h/f adv. Kantawala For plaintiff present and sought adjournment.
Adv. Varsha Analiparambil For defendant No. 1 present.
Adv. Sanika Patre for deft No. 2 present.
Adjd for NM hearing to 18/10/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: In view of order no. 213 of 21 holiday is declared. Hence matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv. Mr. Vivek sharma I/b Vivek Kantawala and Co. For plaintiff present.
Adv. Varsha Analiparamhil for deft No. 1 present.
Adv. Rakhi Tawde For defendant No.2 present.
Both the advocates are seeking time by consent.
Adjd for NM hearing to 02/02/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: At 11.33 am
Adv. Jash Vyas for plaintiff present.
None for defendant.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for NM hearing to 24/03/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adv. Jash Vyas for plaintiff present and seeks time to argue.
Adv. Rajiv matkar for defendants present.
Adjd for NM hearing to 19/04/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: At 3.06 pm
None for plaintiff
Adv. Rajiv Matkar for defendant present.
Adjd for NM hearing to 10/06/2022
L. O at 3.15 pm
Adv. Jash Vyas for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Adv. Vivek Kantawala for plaintiff present.
Adv. Varsha Analiparambil for defendant no. present.
Adv. Matkar for defendant no.2 present.
Matter is adjd.to 18-07-2022 for NM Hrg. 3.30pm
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv Vivek Kantawala for plaintiff present.
Adv. Varshaa Anilparambil a/w defendant no. 1 present.
Adv.Rajiv Matkar for defendant no. 2present.
Heard both sides in NM No. 896/21 in part.
Matter is adjd.to 25-07-2022 for NM Hrg11.30am
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv. Vivek Kantawala for plaintiff present.
Adv. Shreya Shivastava for defendant no. 1 present.
Adv. Rajiv Matkar for defendant no. 2present.
Heard both sides.
Matter is adjd.to 01-08-2022 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. Yash Vyas for plaintiff present.
Adv. Varsha Analiparambil for defendant no.1 present.
Adv.Rajiv Matkar for defendant no. 2 present.
Court busy in dictating order in NM No. 1546/22.
Matter is adjd.to 02-08-2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: None for plaintiff.
None for defendant
Court is busy in recording evidence in Su 721-13 and Su 7830/85 and order in NM No. 1315/20 in Su 2576/17
Matter is adjd.to 03-08-2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv. Yash B. Vyas for plaintiff present.
Adv. Rajiv Matkar for defendant no. 2 present.
None for defendant no.1
F.R.S.R. following order is passed -
ORDER
1. Notice of Motion No. 896/2021 is dismissed.
2. Proceeding of N/m No. 896/2021 is closed.
Matter is adjd.to 10-10-2022 for verification of counter
claim of defendant no. 2.
Next Purpose: FOR___________________
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: Adv. Yash Vyas I/b Adv. Vivek Kantawala for plaintiff present.
Adv. Prajakta Angre for defendant no.2 present.
None for defendant no. 1.
Matter is adjd.to 20-12-2022 for verification of counter claim.
Next Purpose: FOR___________________
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: Adv. Yash Vyas for plaintiff present.
Adv. Shreya Shrivastav for defendant no.1 present.
Adv. Purva Pendulkar for defendant no. 2 present.
Matter is adjd.to 13-02-2023 for verification of counter claim.
Next Purpose: FOR___________________
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: Adv. Jash Vyas for plaintiff present.
Adv. Kaustubh Kache h/f Adv. Shreya Shriwastav for defendant no. 1 present.
Adv. Purva Pendulkar for defendant no. 2 present.
Matter is adjd.to 24-03-2023 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: None for plaintiff.
Adv. Varsha Manoharan for defendant no. 1 present.
None for defendant no. 2
LO at 11.30 pm.
Adv. Yash Vyas for plaintiff present.
Matter is adjd.to 03-05-2023 for issue.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-04-2023
Date: 03-04-2023
Business: (NOB TOB)(By preceipe moved by the adv. for deft. no. 2 - allowed)
Adv. Vivek Sharma for plaintiff present
Adv. Sayali Patil h/f Adv. Rajeev Matkar for defendant no. 2 present and filed vakalatnama a/w deft. no. 2 t.o.r. marked as Exh.9
She also filed application in counter claim Exh.8 for withdrawal in counter claim Exh. 8 t.o.r. marked as Exh.10
LO 5.00 pm.
Adv. Jash Vyas a/w Adv. Vivek Sharma for plaintiff present and filed application for withdrawal of the suit. t.o.r. and marked as Exh.11
On perusal of contents in Exh. 10 and 11, it appears that Defendants no. 1 and 2 have settled their disputes in accordance with consent terms filed in petitions no. A- 1825, 2018 before the family Court at Bandra. Defendant no. 2 is withdrawing the Counter claim by filing application Exh. 10. Ld. Counsel Shri Jash Vyas is also withdrawing the suit subject to withdrawal of the Counter Claim as per instructions of his client. He has also annexed copy of letter received from the plaintiff with xerox copy of his Aadhar Card. As both sides are acting voluntarily by fully knowing legal effect of withdrawal and they are well instructed by their respective advocates, both applications can be allowed. Hence, I passed the following order -
Order
1. Application Exh. 10 is allowed.
2. Counter claim Exh. 8 is disposed of having been withdrawn.
3. Application Exh. 11 is allowed.
4. Suit No. 1762/2018 is disposed off as withdrawn.
5.Court fees be refunded to the Plaintiff and deft. no. 2 as per rules and Refund Certificates be issued accordingly.
6. Parties shall bear their own costs.
7. Proceeding closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 03-04-2023