Date: 30-06-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-08-2018
Date: 03-08-2018
Business: Adv. Kirti Pardeshi for Applicant present.
Adjourned to 04.12.2018 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2018
Date: 04-12-2018
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2019
Date: 20-03-2019
Business: Plaintiff present.
Adv. Pankaj Kumar Gupta for plaintiff present.
Adjd for NM for hearing to 28/06/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: Nobody present.
Adjd for NM hearing to 07/10/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: Adv. Zaphyrina for plaintiff present and seeks time.
Adjd for NM hearing to 26/11/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: Adv. Zepyrina Braganza for plaintiff filed vakalatnama on behalf of plaintiff/applicant. t.or.
Adjd for NM hearing to 06/05/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: None present.
Today matter is for NM hearing.
Perused record. There is nothing on record to shows that NM is served to the other side. Hence, plaintiff is directed to serve NM along with affidavit to other side and filed service affidavit on record.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for serving NM to other side and filing service affidavit to 24-02-2021.
Next Purpose: SERVICE
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: CA of plff. present.
Adv.K.C.Pandey for defendant No.6 present.
Ld.Adv. For defendant No.6 states that he received copy of the N/M.
Matter adjd for N/M reply of defendant No.6 and service affidavit to 28/04/2021.
Next Purpose: REPLY
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Business: Due to Covid-19.
Next Purpose: REPLY
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv. Zephyrina Braganza for plaintiff present.
None for defendant.
Matter adjd for Reply to 28.10.2021
Next Purpose: REPLY
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Plaintiff present.
Adv. for plaintiff absent.
None for defendant.
Matter stands adj. for NM hearing to 06.12.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv. Briganza for plaintiff present.
None present for defendant.
Adv. for plaintiff sought time for service affidavit.
Matter Adjd for filing service affidavit on 02/02/2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Adv. Zefrina for plaintiff/applicant present.
None present for defendant/respondent.
Matter Adjd for service affidavit on 29/04/2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: P.O. is on leave.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: None present.
Matter Adjd for filing affidavit of document on 30/08/2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: None present.
Matter Adjd for N/M hearing on 31.10.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-10-2022
Date: 31-10-2022
Business: Plaintiff is present.
None present for defendant.
Plaintiff submitted that, he wants to change his advocate. Hence adjourned.
Matter Adjd for NM Hearing on 08/12/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Date: 30-01-2023
Business: POA of plaintiff/applicant present.
None present for defendant.
Time sought.
Matter Adjd for NM Hearing on 17/03/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: None present.
Matter Adjd for NM Hearing on 06/05/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2023
Date: 06-05-2023
Business: None present.
Matter Adjd for NM Hearing on 15/07/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2023
Date: 15-07-2023
Business: P.O. is on leave. Hence, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: Plaintiff is present. Plaintiff is requested time for hearing. Granted as a last chance.
Defendant and his counsel are absent when called.
Matter Adjd for NM hearing to 22.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2023
Date: 22-11-2023
Business: P.O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2024
Date: 19-04-2024
Business: None present.
Matter is adjourned to 20.07.2024 for Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2024
Date: 20-07-2024
Business: None present.
Matter is adjourned to 26.09.2024 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2024
Date: 26-09-2024
Business: Adv. S. D. Bhovad for plaintiff present and filed VP taken on record and marked as Exh. and also filed Service affidavit taken on record and marked as Exh.
Matter is adjourned to 19.11.2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 19-11-2024
Date: 19-11-2024
Business: Adv. S. D. Bhovad for plaintiff present.
Adv. Aayu Saxena for defendant No.8 present and filed VP taken on record and marked as Exh.09. Order - Be filed.
Matter is adjourned to 13.12.2024 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 13-12-2024
Date: 13-12-2024
Business: P.O is on Leave.
Next Purpose: NM ORDERS
Next Hearing Date: 16-01-2025
Date: 16-01-2025
Business: Plaintiff present.
Adv. S. G. Bhovad for plaintiff present.
Adv. Pranay Patil for defendant No.8 present and sought time to file reply. Order - Time granted lastly.
Matter is adjourned to 20.02.2025 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2025
Date: 20-02-2025
Business: None present.
Matter is adjourned to 04.04.2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-04-2025
Date: 04-04-2025
Business: Adv. S. D. Bhovad for plaintiff present.
None for defendant present.
Matter is adjourned to 25.06.2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-06-2025
Date: 25-06-2025
Business: P.O. is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2025
Date: 12-08-2025
Business: Adv. S. D. Bhovad for plaintiff present.
Adv. Sonal More for defendant No.1 to 5 present and submitted that the copy of the NM is not served upon them. She has given cell number and E-mail ID to Adv. Bhovad. Order - Adv. Bhovad to supply copy of NM.
Matter is adjourned to 14.10.2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2025
Date: 14-10-2025
Business: None for plaintiff.
Adv. Sonal More for defendant No.1 to 5 present and submitted that the NM served upon them on 29.09.2025 by E-mail, hence, sought time to file reply. Order - Time granted.
Matter is adjourned to 28.11.2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-11-2025
Date: 28-11-2025
Business: Adv. S. D. Bhovad for plaintiff present through VC.
Adv. Nikita Bordepatil i/b FF and Asso for defendant No.8 present and sought time to file to reply to NM. Order - On query with Adv. Bordepatil about the date of receiving the NM she submitted that it was received in the month of November-2024. Thus it is almost 1 year, however, still reply is not filed. Hence, NM to proceed without reply.
Matter is adjourned to 30.01.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2026
Date: 30-01-2026
Business: Adv. S. D. Bhovad for plaintiff present.
Adv. Hritika Shroff i/b FF and associates for defendant No.8 present.
O- On 14.10.2025 advocate Sonal More for defendant No.1 to 5 submitted that NM was served upon them on 29.09.2025 by E-mail. However, no any reply is filed though time granted. Hence, NM to proceed without reply against them.
Matter is adjourned to 07/02/2026 for steps against defendant No.6 and 7.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-02-2026
Date: 07-02-2026
Business: Adv. S. G. Bhovad for plaintiff present through VC and submitted that all the defendants are served. However, matter is kept for steps against defendant No.6 and defendant No.7. Order - Perusal of the service affidavit Exh.08 reveals all the defendants were duly served. Defendant No.1 to 5 appeared through Adv. More, defendant No.8 through Adv. Shroff. The postal remarks as regards defendant No.6 and 7 reveals, they refused to accept. It is deemed service. Hence, NM to proceed without reply against defendant No.6 and 7 and stage is accordingly corrected.
Adv. Hritika Shroff i/b FF and Asso. for defendant No.8 present.
Matter is adjourned to 13.03.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2026
Date: 13-03-2026
Business: C.A of plaintiff present and sought time to argue on NM. Order - Time granted as last chance.
Adv. Ritika Shroff for defendant No.8 present.
Matter is adjourned to 10.04.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2026
Date: 10-04-2026
Business: Adv. S. D. Bhovad for plaintiff present.
Adv. Rutika Shroff for defendant No.8 present.
Matter is adjourned to 11.06.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2026
Date: 11-06-2026
Business: Adv. S. D. Bhovad for applicant/plaintiff present.
Adv. Kush Lahankar i/b FF and Asso. for respondent No.8/defendant present.
Exh.10 - Written notes of argument filed by applicant/plaintiff.
Copy is served on respondent No.08.
Ld. Adv. for applicant submit that respondent No.1 to 5 appeared but not filed reply to NM No.2415/2018. Respondent No.6 and 7 refused to accept copy of NM.
Matter is adjourned to 16.07.2026 for Argument on NM by respondent No.8.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2026
Date: 16-07-2026
Business: Adv. S. D. Bhovad for applicant/plaintiff is present.
Adv. Kush Lahankar i/b FF and Asso for respondent/defendant No.08 is present.
kept back
Later on at 01.00 p.m
Same appearance for respondent/defendant No.08.
Heard argument of Adv for respondent/defendant No.08.
ORDER BELOW NM NO.2415/2018
Plaintiff moved this notice of motion with a prayer to condone delay caused for making an application for setting aside order of dismissal dt.16.12.2017 passed in respect of Suit No.9070/1993. Notice of motion is supported by an affidavit. Plaintiff filed written notes of argument at Exh.10. None of the respondent filed reply to notice of motion. However, today Ld. Adv. for respondent No.08 briefly argued on NM and strongly objected.
It is contention of plaintiff that suit was originally filed in the Honble Bombay High Court. It was then transferred to City Civil Court due to enhancement of pecuniary jurisdiction. Plaintiff submits that suit was dismissed due to non-co-operation of earlier advocate. As per plaintiff it took time for plaintiff to collect the necessary copy of dismissal order. Therefore, plaintiff prayed that order of dismissal of suit may be set aside by condoning delay. Plaintiff relied on judgment in the Case of Rafiq and Anr. V/s. Munshilal and Anr reported in 1981 SCC online SC 222.
I have gone through record and proceeding. Initially suit was filed in the year 1993. So when the suit was dismissed i.e on 16.12.2017, it was 24 years old suit. Even if it was so plaintiffs had not taken diligent steps. Plaintiffs slept over their right. Plaintiffs were not at all concerned about age of the suit nor with a fact that they were not diligent while conducting the suit. Rather record shows that on 17.03.2015 issues were framed. But for almost 2 years plaintiff has not tendered evidence. So rightly suit was dismissed.
It appears plaintiff is in search of good reason for condonation of delay and because of that plaintiff is blaming its earlier advocate. In the above referred judgment it is observed that parties should not suffer due to mistake of advocate. However, plaintiff no where explained that what steps plaintiff took to offer evidence in a 24 years old matter. It was duty of plaintiff to be in contact with his advocate and pursue the matter. Plaintiffs are not diligent while doing so. Therefore, only by blaming erstwhile advocate plaintiffs cannot exonerate from their liability.
Thus grounds are not satisfactory to condone delay as per Article 122 of Limitation Act. Notice of motion is devoid of merit. Hence, following order is passed -
ORDER
1. Notice of motion No.2415/2018 is dismissed.
2. Notice of motion is disposed of and it shall form part of R and P of the suit.
2. R and P of Suit No.9070/1993 be sent back to record room.
Nature Of Disposal: DISMISSED
Disposal Date: 16-07-2026
