Mr. Prakash Kiru PagareVsMr. Siddesh Ratnakar Pagare +2 more

Date: 22-10-2019
Business: The Court is on leave.
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: None present for plaintiff.
Issue writ of summons through bailiff of sheriff office and simultaneously through R.P.A.D./speed post.
Matter is adjd. for proof of service to 10/06/2020.
Next Purpose: SERVICE
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: national lock down
Next Purpose: SERVICE
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: None for plaintiff.
Last chance is granted to the plff for service of summons.
Matter is adjd. to 23.04.2021 for service of summons.
Next Purpose: SERVICE
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: By praecipe.
Adv. Mr. Rajendra Satale for the defendant No.1.
Vakalatnama filed by advocate the defendant No.1.
Draft NM along with affidavit of support tendered by advocate for the defendant No.1. O-  Leave to register N/M is granted. N/M is made r/o 23/04/2021
Matter is adjd. to 23/04/2021 for tendering registered NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Business: None present for plaintiff.
Adv. Mr.Rajendra Satale for defendant No.1 present.
Advocate for the defendant No.1 tendered registered N/M No.692/2021 along with affidavit in support. t.o.r.
Adjd. to 13.07.2021 for N/M Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: due to covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: As Court is busy is in hearing argument in SU 1954/21 NM 2416/21 and precipe matters. Hence, Board is discharged.
Matter is adjd. to 09.02.2022 for NM reply/ rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Business: Adv Bhushan Vardhamane for plff present.
Advocate for plff filed draft Notice of Motion along with affidavit t.o.r Order : Leave granted to register.
Matter is adjd. for N/M Reply on 21.03.2022.
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: Adv. Bhushan Vardhamane for plaintiff present.
Adv. Rajendra Satale for defendant no. 1 present.
Court is busy in other matter on board in hearing argument and dictating order hence board discharged.
Matter is adjd. to 27-07-2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: Intern, Ms. Priya Bote for plaintiff present and seeking time for filing reply. Time granted.
None present for defendant.
Matter is adjd. to 20.01.2023 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: court is on leave. Hence Board is discharge and matter adjd to.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: None present for the parties.
Matter is adjourned to 19.06.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: Adv. Mr. Bhushan Vardhamane for the plaintiff is present.
None present for the defendant.
Adv. for the plaintiff filed original registered NM No. 1074/2022  along-with affidavit in support. TOR.
He also filed the application for permission to allow to serve copy of plaint and proceeding/summons on defendant No. 2. TOR. It is marked at Exh.03. O- Allowed. Permission is granted.
Adjourned for NM reply to 24.08.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Adv. Ms. Shahikala Rajak for the plaintiff is present.
Adv. Mr. Rajendra Satale for defendant No. 1 is present.
Adv. for the plaintiff today supplied copy of their NM to the defendant No. 1.
Adv. for defendant No. 1 sought time to file reply to NM. He also submits that plaintiff has not file reply to defendant NM No. 692/2021 till today. Adv. for the plaintiff submits that she will file reply on next date and seeks time. Time is granted for today only with direction that  if on next date plaintiff fails to file reply defendant NM will be heard and decided.
Adv. for the plaintiff filed the application for service of plaint on defendant No. 2 by way of Vichare Courier, by RPAID and by hand delivery. TOR. It is marked at Exh. 04. O- Allowed to serve as prayed.
Matter is adjourned to 09.11.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-11-2023

Date: 09-11-2023
Business: Adv. Ms. Shashikala Rajak for the plaintiff is present.
None present for the defendant.
Adv. for the plaintiff seeks time for hearing of NM. Time is granted.
Matter is adjourned to 04.01.2024 for NM reply/NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-01-2024

Date: 04-01-2024
Business: Adv. Mr.Bhushan Vardhamane for the plaintiff is present.
Adv. Mr. Rajendra Satale for defendant no.1 is present.
Advocate for palintiff filed affidavit of proof of service of summons on the defendant no.1 to 3.
It transpires that defendant no. 2 and 3 are duly served but they failed to appear hence suit to proceed ex-parte against defendant no.2 and 3.
Advocate for palintiff filed reply to defendant no.1’s NM No.692/21 overleaf.
Today advocate for plaintiff served copy of NM No.1074/22 to advocate for defendant no.1. It is submitted by advocate for defendant no.1 that he has obtained certified copy of plaint and NM of Plaintiff.
Following order is passed in Notice of Motion No.692 of 2021.
-Order-
            Defendant no.1 has taken out present Notice of Motion for Condonation of Delay in filling Written Statement and for allowing to file WS. It is contention of the plaintiff that only copy of Writ of summons of the suit was served upon him on 01.03.2020. The copy of plaint was not served upon him. Furthermore as soon as summons was served upon him national Lok-down in pandemic situation was pronounced and during that period Court was also not working. As soon as Lok-down was unlocked, plaintiff approached advocate who asked for searching documents. Hence, there is delay of 364 days caused in filling Written Statement which be condoned and Written Statement be taken on record.
          Plaintiff opposed the NM by submitting that there is no justiciable ground for condonation of delay. Therefore is NM be rejected or heavy cost be imposed.
It appears that grounds are genuine. Delay is not intentional.
Considering the grounds mentioned in the affidavit it would be just and proper to condone delay in filling Written Statement subject to imposing cost. Hence, following order is passed.
-Order-
1.  Notion of Motion No. 692 of 2021 is made absolute.
2. Delay caused in filing Written Statement is condoned subject to cost of Rs.1000/- to be paid to DLSA on or before next date.
3.  Upon payment of cost Written Statement of defendant no.1 be taken on record.
Matter is adjourned to 23.02.2024 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: Adv. Mr.Bhusan Vardhamane for the plaintiff is present.
None for defendant.
It is submitted by adv. for plaintiff that NM No.692/21 taken out by defendant no.1 was allowed subject to payment of cost of Rs.1000/- to DLSA. However, defendant no.1 has not paid cost. It is submitted by adv. for defendant no.1that client is not in contact with him and he has also issued notice to the client.
Since, defendant no.1 failed to comply order dtd.04.01.2024 suit to proceed further without WS of defendant no.1.
It also appears that defendant no.1 has not filed reply to NM. Hence, no reply order passed againt defendant no.1.
Matter is adjourned to 28.03.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: Adv. Mr.Bhushan Vardhamane for plaintiff is present.
None for defendant.
Matter is adjourned to 26.06.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: None present for both the sides.
Matter is adjourned to 02.08.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2024

Date: 02-08-2024
Business: None for the plaintiff.
None for defendant.
Matter is adjourned to 08.10.2024 for M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2024

Date: 08-10-2024
Business: Plaintiff is present and tendered draft chamber summons alongwith affidavit in support of same. t.o.r.
O- Leave granted to register. .
None present for defendants.
Matter is adjourned for CS reply and NM hearing to 10/12/24.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2024

Date: 10-12-2024
Business: Adv. present for plaintiff and tendered Original CS no. 2435/24 alongwith affidavit in support of. t.o.r.
He also filed affidavit of service.
None present for defendants.
Matter is adjourned to 05/02/25 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2025

Date: 05-02-2025
Business: Adv. Bhushan Vardhaman present for plaintiff.
None present for defendants.
Adv. for plaintiff sought adjournment for NM hearing. O- Time granted as last chance.
Matter is adjourned for NM hearing to 20/03/25.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2025

Date: 20-03-2025
Business: None present for plaintiff.
None present for defendants.
KB LO at 04.00 pm.
Adv. for plaintiff filed service affidavit of service of CS upon deft. no. 1. t.o.r marked as Exh. 5.
Matter is adjourned for NM hearing to 29-04-25.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2025

Date: 29-04-2025
Business: Adv. Girish Pawar h/f Adv. Bhushan Vardhamane present for plaintiff.
None present for defendants.
Matter is adjourned for CS reply and NM hearing to 17/07/25.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2025

Date: 17-07-2025
Business: Adv. Mansi Bhalerao present for plaintiff and sought adjournment. O- Time granted..
None present for defendants.
Matter is adjourned to 26/08/25 for NM hearing.   (Afternoon session)
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2025

Date: 26-08-2025
Business: Adv. Manasi Bhalerao h/f Adv. Bhushan Vardhamane present for plaintiff and sought adjournment. O- Adjournment allowed.
None present for defendants.
Matter is adjourned to 16.10.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2025

Date: 16-10-2025
Business: Plaintiff present.
Adv. Mansi Bhalerao h/f Adv. Bhushan Vardhamane present for plaintiff and sought adjournment. O-Allowed.
None present for defendants.
Matter is adjourned to 11.11.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2025

Date: 11-11-2025
Business: As the Court is on leave Board is discharged and the matter stands adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2025

Date: 09-12-2025
Business: Adv. Girish Pawar i/b Bhushan present for plaintiff.
None present for defendants.
Matter is adjourned to 13.02.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2026

Date: 13-02-2026
Business: Adv. Bhushan Vardhamane present for plaintiff.
None present for defendants.
Advocate for plaintiff submitted that NM 1074/2022 be tagged alongwith Suit hence, considering submissions, NM no.1074/2022 be tagged with main Suit and be heard alongwith Suit itself.
Matter is adjourned to 17.03.2026 for CS Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2026

Date: 17-03-2026
Business: Adv. Bhushan A. Vardhamane present for plaintiff.
None present for defendants.
As Court time is over in Hearing arguments in Suit No.1055/2008 and in dictating Judgment in Suit no.2311/2013. Hence, Matter is adjourned to 06.04.2026 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2026

Date: 06-04-2026
Business: As the Court is on leave. Hence, Board is discharged and the matter stands adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2026

Date: 15-06-2026
Business: Adv. Shashikala Vardhamane h/f Adv. Bhushan Vardhamane present for plaintiff.
None present for defendants.
Considering the relationship between the parties and the nature of the Suit. There is element of settlement hence, parties are directed to talk before the Mediator. Hence, send this matter for mediation.
Matter is adjourned to 27.07.2026 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-07-2026

Date: 27-07-2026
Business: None present for plaintiff and defendants.
Awaiting Mediation report hence, Matter is adjourned to 24.09.2026 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 24-09-2026

CHAMBER SUMMONS/102435/2024
NOTICE OF MOTION/100692/2021
NOTICE OF MOTION/101074/2022

Registration Number: 102575/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Filing Number: 107953/2019
Filing Date: 18-07-2019
First Hearing Date: 22nd October 2019
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE