Mr. Ganesh Balkrishna RodeVsM/s. Bright Brothers Enterprises +2 more

Date: 27-09-2019
Business: None present  for the Plaintiff.
None present  for the Defendant.
Matter is adjd. to 08.01.2020
Next Purpose: DIRECTIONS
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: None for Plaintiff  and defendant.
Matter is adjd.  for proof of service/order to 20/02/2020 .
Next Purpose: DIRECTIONS
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Adv. Tarannum for plaintiff is present. She seeks time for tendering affidavit of service.
Matter is adjd. for affidavit of service to 09/04/2020.
Next Purpose: SERVICE
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Next Purpose: SERVICE
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Next Purpose: SERVICE
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: Lockdown
Next Purpose: SERVICE
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: SERVICE
Next Hearing Date: 06-03-2021

Date: 06-03-2021
Business: Plaintiff is present. His advocate absent.
KB
L.O.
Plaintiff is present. His advocate absent.
Matter is adjd. to 28/04/2021 for tendering affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: due to covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: None present.
Since long suit is pending for service affidavit, the plaintiff is continuously absent. This show that the plaintiff is not interest to proceed with the suit. Hence, suit be kept for passing dismissal order.
Matter is adjd. to  15/11/2021 for passing dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: At 11.06 a.m
None present.
KB.      L.O. at 12.46 p.m.
None present.
Inspite of roznama dated 21/09/2021 not one is appeared from the side of plaintiff. It shows that plaintiff is not interest to proceed with the suit. Therefore, the suit is dismissed for want of step/prosecution.
At 02.45 p.m.
In first session suit is dismissed. NM is kept in second session. But, no one is appeared. It appears that the concerned is not interested to proceed with the NM. Therefore, NM No.3492/2019 stands disposed of.
Disposal Date: 15-11-2021

Date: 06-12-2023
Next Purpose: COMPLIANCE
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: Adv. Mr. Ajay Khairnar i/b Adv. Vishal Salvi for the plaintiff is present.
None present for the defendant.
F.R.S.R. the following Order is passed on NM No. 170/2022:
O R D E R
1.	Notice of Motion No.170 of 2022 in Suit No. 2553 of 2019 is hereby made absolute.
2.	Order of this Court in Suit No. 2553 of 2019 dated 15.11.2021 thereby dismissing the suit is hereby set aside and Suit No. 2553 of 2019 is hereby restored to it’s original position.
3. Notice of Motion No.170 of 2022 in Suit No.2553 of 2019 stands disposed of accordingly.
Matter is adjourned to 29.01.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-01-2024

Date: 29-01-2024
Business: Adv. Mr.Tejas Pawar h/f Adv.Vishal Salvi  for the plaintiff is present.
None for defendant.
In view of order dtd.06.12.2023 in Notice of Motion No. 170/2022 suit is already restored plaintiff is directed to proceed with matter positively on next date.
Matter is adjourned to 22.04.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-04-2024

Date: 22-04-2024
Business: Plaintiff is present.
Exh.1- Plaint
Exh.2- VN
Exh.3-Memorandum of Address
Exh.4- List of documents.
Adv. Mr. Vishal Salvi appeared and filed VN for the plaintiff marked at Exh-5.
None for defendant.
Adv. for plaintiff seeks time to serve Writ of Summons and NM on defendant.
Matter is adjourned to 03.07.2024 for service.
Next Purpose: SERVICE
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: Plaintiff is present.
None for defendant.
Matter is adjourned to 14.08.2024 for Service.
Next Purpose: SERVICE
Next Hearing Date: 14-08-2024

Date: 14-08-2024
Business: Plaintiff present.
Adv. Vishal Salvi present for plaintiff and filed application was filed Under Order 5 Rule 17. t.o.r. marked as Exh. 6.
None present for defendants.
Later on adv. for plaintiff not pressed the application and service affidavit.
Matter is adjourned to 23/10/24 for service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 23-10-2024

Date: 23-10-2024
Business: Adv. Vishal Salvi a/w. Adv. Tejas Pawar present for plaintiff and filed writ of summons.
He also filed application under Order 5, Rule 17.  It is taken on record and marked as Exh. 07.
Advocate Rahul Rathod for defendant/BMC present.
Adv. Ms.Mangal Kadam for defendant/MHADA present.
Kept back.
Later on.
Order passed on Application Exh.07
                             Order
          The plaintiff has filed this application under Order -5, Rule 17 of C.P.C. and pray that the bailiff be directed to affix the copy of summons at the address of defendant no.1.  The report of the bailiff show that the defendant no.1 has left the address.   There is now no address of the defendant no.1 available on record for affixing the Summons on outer door.  Under Order -5 Rule 17 the bailiff can serve the summons by affixing copy of summons at outer door or conspicuous part of the house in which defendant ordinarily reside or works for gain or carries on business.  In this case the defendant no.1 left the premises.   It is not the case that defendant no.1 is absent temporarily and therefore bailiff could not  serve him.  The Order -5 Rule 17 is in applicable to the facts of the case.  The plaintiff should provide the new address of defendant no.1.   The plaintiff should take efforts to search the new address of the defendant No.1.  the application is untenable and and liable to be rejected.  The application stands rejected.  No order as to costs.
Matter is adjourned to 18/12/24 for Service.
Next Purpose: SERVICE
Next Hearing Date: 18-12-2024

Date: 18-12-2024
Business: Plaintiff present.
Adv. Vishal Salvi a/w Adv. Tejas Pawar present for plaintiff and filed application for substituted service. t.o.r. marked as Exh. 8.
Adv. Ms.Mangal Kadam for defendant/MHADA present and filed say on Exh.8.
Advocate Chaitanya Dalvi h/f Adv. Rahul Rathod for defendant/BMC present and filed say on Exh.8.
Matter is adjourned to 27/01/25 for service.
Next Purpose: SERVICE
Next Hearing Date: 27-01-2025

Date: 27-01-2025
Business: Adv. Vishal Salvi present for plaintiff.
Adv. Ms.Mangal Kadam for defendant no. 1/MHADA present.
Advocate C. V. Dalvi H/f Adv. Rahul Rathod for defendant/BMC present.
Heard argument by ld adv. for on Exh. 8.
Perused the record. Defendant no. 1 has left the premises, the application is allowed for issuing writ of summons U/s. 5 Rule 20 of CPC.
Matter is adjourned to 27/03/25 for service.
Next Purpose: SERVICE
Next Hearing Date: 27-03-2025

Date: 27-03-2025
Business: Adv. Tejas Pawar present for plaintiff and he filed affidavit of service to deft. no. 1 t.o.r..
Adv. Ms.Mangal Kadam for defendant no. 2/MHADA present.
Advocate Rahul Rathod for defendant no. 3/BMC present.
None present for other defendants.
Matter is adjourned for appearance of deft. no. 1/ reply by deft. no. 2 and 3 to 07/05/25.
Next Purpose: FOR APPERANCE
Next Hearing Date: 07-05-2025

Date: 07-05-2025
Business: Plaintiff present.
Adv. Shubham Pawar present for plaintiff.
Advocate Rahul Rathod for defendant/BMC present.
Adv. Ms.Mangal Kadam for defendant/MHADA present.
Matter is adjourned for hearing on Exh.8 to 09/07/25.
Next Purpose: HEARING
Next Hearing Date: 09-07-2025

Date: 09-07-2025
Business: Plaintiff present his advocate absent and hence he sought adjournment as his advocate is unable to come today. O- Time granted.
Advocate Rahul Rathod for defendant/BMC present.
Adv. Ms.Mangal Kadam for defendant/MHADA present.
Matter is adjourned for hearing to 21/08/25.
Next Purpose: HEARING
Next Hearing Date: 21-08-2025

Date: 21-08-2025
Business: Adv. Tejas Pawar h/f Adv. Vishal Salvi present for plaintiff and sought adjournment. O- Time granted..
None present for defendants.
Matter is adjourned to 06/10/25 for hearing. (Morning session)
Next Purpose: HEARING
Next Hearing Date: 06-10-2025

Date: 06-10-2025
Business: Plaintiff present.
Adv. Tejas Pawar i/b Adv. Vishal Salvi present for plaintiff.
Adv. V. G. Shinde h/f Adv. Rahul Rathod for defendant/BMC present.
KB for NM reply.
LO at 12.32pm
Defendant no.1 was ordered to serve by substitute service under Order 5 Rule 20 of CPC. Affidavit of service is filed on record alongwith the newspaper publication on 10.02.2025. Defendant no.1 failed to appear hence, matter to proceed ex-parte against defendant no.1.
Matter is adjourned to 14.11.2025 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 14-11-2025

Date: 14-11-2025
Business: Plaintiff present and his advocate absent.
Adv. Rahul Rathod for defendant no.3/BMC present.
Matter is adjourned to 08.01.2026 for Hearing.
LO at 1.00pm
Adv. Shubham Pawar a/w Adv. Suchitra Kamble for plaintiff present.
Matter already adjourned to 08.01.2026 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 08-01-2026

Date: 08-01-2026
Business: Plaintiff a/w his Adv.  present.
Advocate Subhedar for defendant no.2/MMRDA present.
Adv. Rahul Rathod for defendant no.3/BMC present.
KB LO at 1.25pm
Adv. Suchitra Kamble a/w Adv. Manoj Thorat i/b Adv. Vishal Salvi for plaintiff filed application for adjournment. TOR and marked as Exh.8. O-Adjournment granted as last chance.
Matter is adjourned to 09.02.2026 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2026

Date: 09-02-2026
Business: Adv. Suchitra Kamble i/b Adv. Vishal G. Salvi present for plaintiff and filed application for adjournment. TOR and marked as Exh.9. O-Suit is old. Adjournment granted subject to cost of Rs.2,000/- to be deposited in Court.
Adv. Rahul Rathod for defendant/BMC present.
Adv. V. S. Khobragade for defendant no.2/MHADA present.
Amount of cost is not paid hence, Matter is adjourned to 04.03.2026 for payment of cost and R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2026

Date: 04-03-2026
Business: Plaintiff present.
Adv. Tejas Pawar a/w Adv. Vishal G. Salvi present for plaintiff and filed evidence affidavit of PW-1, Mr. Ganesh Balkrishna Rode. TOR and marked as Exh.10. O-Read and recorded. He also filed documents alongwith list t.o.r. marked as Exh.11. O-Other side to say.
Adv. Rahul Rathod for defendant no.3/BMC present.
Amount of cost is not yet paid hence, Matter is adjourned to 30.03.2026 for Compliance of payment of cost and Admission denial.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-03-2026

Date: 30-03-2026
Business: Adv. Suchitra Kamble i/b Adv. Vishal Salvi for plaintiff present.
Adv. Rahul Rathod for defendant no.3- BMC present.
Amount is deposited hence, Matter is adjourned to 15.04.2026 for Admission Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 15-04-2026

Date: 15-04-2026
Business: As the Court is on leave. Hence, board is discharged and matter stands adjourned.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-06-2026

Date: 12-06-2026
Business: As the Court is on leave.  Hence, Board is discharged and matter stands adjd.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-07-2026

Date: 16-07-2026
Business: Plaintiff present.
Adv. Rahul Rathod for defendant no.3/BMC present and filed say on list of documents at Exh.11 denying the document at sr. nos.1 to 7 filed by the plaintiff.
Suit is proceeded against defendant no.1.
No say filed by defendant no.2/MHADA.
KB LO at 12.18pm
Plaintiff present.
Adv. Vaibhav Bhoir i/b Adv. Vishal G. Salvi for Plaintiff present.
Heard Advocate for plaintiff and advocate for defendant no.3. Considering the examination-in-chief at Exh.10 filed by the plaintiff, document at sr. no.1, Original irrevocable consent dated 27.06.2009 is marked as Exh.12.
Document at sr. no.2, Original agreement dated 05.10.2009 is marked as Exh.13
Document at sr. no.3, Original Indemnity bond dated 12.11.2009 is marked as Exh.14
Document at sr. no.4, Original notice dated 07.11.2017 is marked as Exh.15
Document at sr. no.5, Original reply of defendant no.2 alongwith envelope is collectively marked as Exh.16 colly.
Document at sr. no.7, Original Notice dated 25.06.2019 is marked as Exh.17.
Matter is adjourned to 07.08.2026 for cross-examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-08-2026

Date: 07-08-2026
Business: Plaintiff present.
Adv. Vaibhav Bhoir i/b Adv. Vishal Salvi present for plaintiff.
Adv. Pooja Nagarthawar for defendant no.3/BMC present.
KB LO at 12.00pm
Cross-examination of PW-1, Mr. Ganesh Balkrishna Rode by Adv. Pooja Nagarthawar for defendant no.3/BMC on law point is recorded and completed.
Matter is adjourned to 04.09.2026 for further evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-09-2026

Date: 04-09-2026
Business: Plaintiff present.
Adv. Tejas Pawar a/w Adv. Vishal G. Salvi present for plaintiff.
Adv. Pooja Nagarthawar for defendant no.3/BMC present.
Advocate for plaintiff has filed evidence closing pursis. TOR and marked as Exh.18. O-Seen and Filed.
Matter is adjourned to 09.10.2026 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-10-2026

NOTICE OF MOTION/100170/2022

Registration Number: 102553/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 108026/2019
Filing Date: 19-07-2019
First Hearing Date: 27th September 2019
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE