Manoj Prabhudas DarjiVsNew Dariya Mahal CHS Ltd.

Date: 01-08-2019
Business: By Precipe.
Adv. J.V.Mishra for Plaintiff present.
Deft and Adv absent.
Shri. Hussain Shah, Manager of Society present.
Draft NM filed by Adv for Plaintiff t.o.r.
Leave is granted to register it.
Copy be given to other side.
Adj for NM reply to 03.08.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Adv. J.V.Mishra for Plaintiff present.
Ex.2 Adv. Grishma Lad filed V/n for defendant t.o.r.
Mr. Hussain Shah, representative of defendant is present.
Original NM No.2907/19 tendered by Adv for Plaintiff t.o.r.
Adv for defendant made statement that Nav Dariya Mahal     Co-op. Housing Society Ltd. bearing Registration No.Bom/Hsg/ 3629 of 1972 has no concern with the suit garage and right in the suit garage. She also made statement that even Repair and Renovation Committee of Dariya Mahal basement garages is not related to defendant society.
Adv for defendant submitted that she made above statement on the instructions of representative of defendant who is present before the Court.
Plaintiff is at liberty to take appropriate steps in the matter.
Adj for steps to 20.08.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: Adv. Jitendra Mishra for Plaintiff present.
Adv. Grishma Lad for defendant present.
Draft Ch/s filed by Adv for Plaintiff t.o.r.
Leave is granted to register it.
Copy of draft Ch/s is given to defendant.
Copy of draft Ch/s be served upon Respondent.
Adv for Plaintiff sought extension of service of writ of summons upon defendant.
Time is extended for service of writ of summons.
Adj for reply of defendant and service report of Respondent to 10.10.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: By preceipy,
Adv.Jitendra Mishra for Plaintiff present.
None for defendant.
Adv. For plaintiff filed registered Ch/s no 1581/19 t.o.r. Copy be served to respondent.
Adv. For plaintiff pressed  for ad-interim relief. It is to be noted that in present matter defendant has already appeared and notice is not served upon defendant in respect of todays date through bailiff.
Adv. for plaintiff filed affidavit stating that manager of defendant refused to accept  service of notice. He submitted that matter is required to be heard urgently.  In above facts short service of notice for hearing on ad-interim relief is required to be issued to the defendant through bailiff therefore short service of notice is allowed through bailiff  in relation to NM and also Ch/s
Typed copy of roznma be provided to Adv. For plaintiff
Adjd. to 30.09.2019 for ad-interim hearing.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: Advocate for Plaintiff absent.
Plaintiff present.
Adv. Garima Kapoor for defendant present.
KB
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Adv. Jitendra Mishra for plaintiff present.
Adv. Taher Tayyab for defendant present.
Advocate for defendant sought time as advocate on record is not available.
Original notice of motion is not filed on record. Plaintiff is directed to file original notice of motion on record.
Adjd. for reply and hearing on ad-interim relief to 03.10.2019
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Business: By preceipy,
Adv. Jitendra Mishra for Plaintiff present
Plaintiff tendered original NM 2907/19 and Ch/s 1581/19
Adv. Grishma Lad for defendant present.
Heard both sides. Plaintiff is directed to file affidavit clarifying as to where suit garage is situated along with photographs of the sides.
Adjd. To 5.10.2019 for compliance and reply.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-10-2019

Date: 05-10-2019
Business: Adv. Jitendra Mishra for Plaintiff present.
Adv.Grishma Lad for defendant present.
Additional affidavit in support of Notice of motion filed by advocate for plaintiff t.o.r
Copy is given to other side.
Adv. For defendant filed undertaking of chairman of defendant t.o.r.
Copy is given to other side.
His undertaking is accepted and matter is posted for NM reply
Adjd. to 10.10.2019  for NM reply.
Next Purpose: REPLY
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Adv. Dholkawala H/F Grishma Lad For defendant present.
None for plaintiff.
Adv. For defendant sought time to file reply.
O- Time is granted.
Adj to 16.11.2019 for reply
Next Purpose: REPLY
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: NOBTOB
Received transfer application no 196/19 in suit no 2168/19, along with order dated 22.10.2019 passed by Honb\''le Principal Judge.  In view of said order present matter has been transferred to CR no 7.  Therefore, R and P of present matter be forwarded to Cr no 7. Concern official to comply.
Already adjourned to 16.11.2019
Next Purpose: REPLY
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: Matter called out at 4.22 p.m.
Advocate Mr. Jitendra Mishra for plaintiff present.
None present for Defendants and respondents. Hence Case is adjourned to 22/01/2020 for NM and Ch/s hearing.
Next Purpose: REPLY
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: PO IS ON LEAVE(SECOND HALF)
Matter is adj to 08/04/2020 for C/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: C/S REPLY
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Due to Corona pandemic it seems that parties are absent hence adj to 13.08.2020
Next Purpose: C/S REPLY
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Business: Due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Business: Due to Covid-19
None present.
Next Purpose: C/S REPLY
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Business: Due to Covid-19 none present.
Next Purpose: C/S REPLY
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: CORAM :- H.H.J. SHRI.R.M. SADRANI (C.R. 07)
Plaintiff and defendant absent.
Their advocate absent.
Matter is adj for hearing on NM,CS on 22-03-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv. Nilu J. Mishra for the plaintiff present. He requested adjournment for affidavit of service on the respondent in Ch/s.
Adv. Prathmesh Bhosle i/b MNSQ Legal for the defendant present. He filed Vakalatnama on behalf of defendant. O-filed. marked as Exh.3.
Matter adjd for reply to N/M and affidavit of service in Ch/s on 9.06.2021.
Next Purpose: REPLY
Next Hearing Date: 09-06-2021

Date: 09-06-2021
Business: None present for plaintiff
Adv Prathmesh Bhosale for defendant present.
Due to the pandemic of Covid-19 the Court is functioning for limited time.
Matter adjd to 23/07/2021 for Nm reply.
Next Purpose: REPLY
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Advocate Mr. Mishra for plaintiff is present.
Advocate Prathamesh Bhosale for defendants is present and filed reply on C/S at Exh.04.
Adjourned for C/S hearing to 27.08.2021.
                                                                                        Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Advocate Ashutosh Mishra for plaintiff is present.
Advocate Mr. Bhosale for defendant is present.
Adjourned for NM and C/S hearing to 07.09.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: None present for plaintiff.
Advocate Mr. Bhosale for defendant is present.
It is directed to the advocate for plaintiff to furnish copy of C/S to the advocate for defendant.
Adjourned for C/S hearing to 21.09.2021.
                                                                                        Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Advocate Mr. Mishra for plaintiff is present and requested short adjournment for filing rejoinder. Request is allowed.
Advocate Mr. Bhosale for defendant is present.
Adjourned for filing rejoinder/CS hearing to 13.10.2021.
                                                                                        Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: None present for plaintiff.
Advocate Mr. Bhosale for defendant is present.
Adjourned for C/S hearing to 21.10.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: None present for defendant.
Advocate Mr. Bhosale for defendant is present.
It is directed to the advocate for plaintiff to argue on C/S on next date. Otherwise, necessary order will be passed.
Adjourned for C/S hearing to 18.11.2021.
                                                                                        Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Advocate Jitendra Mishra for plaintiff is present filed rejoinder to the C/S. Its copy served on advocate for defendant.
Advocate Mr. Bhosale for defendant is present.
Adjourned for C/S hearing to 01.12.2021.
                                                                                        Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: Advocate Nilu Mishra for plaintiff is present.
Advocate Mr. Bhosale for defendant is present.
Mr.Vijay Lohia, Representative of defendant present.
Heard arguments of both sides on C/S No.1581/19.
Adjourned for C/S order to 07.12.2021.
                                                                                        Judge
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Advocate Mishra for plaintiff is present.
Advocate Bhosale for defendant is present.
F. R. S. R. following order is passed -
Order
1.	Chamber Summons No. 1581/2019 is hereby allowed as prayed 	for.
2.	The plaintiff and his advocate are hereby directed to carry out 	proposed amendment within stipulated period.
3.	Chamber Summons No. 1581/2019 is disposed off accordingly.
Adjourned for Compliance to 20/12/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Advocate Mr. Mishra for plaintiff is present and requested for extend the time to carry out amendment. Time is extended to carry out amendment till next date.
Advocate Mr. Bhosale for defendant is present.
Adjourned for compliance to 14.01.2022.
                                                                                        Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: Advocate Mr. Mishra for plaintiff is present.
Advocate Mr. Bhosale for defendant is present.
Adjourned for compliance to 12.04.2022.
                                                                                        Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Advocate Mishra for plaintiff is present and requested short adjournment for service of amended plaint and amended NM. Request is allowed.
Advocate Bhosale for defendant is present.
Adjourned for service of amended plaint and amended NM on defendant to 27.06.2022.
                                                                                        Judge
Next Purpose: SERVICE
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: COURT IS VACANT
Adjourned for Service to 23/08/2022
Next Purpose: SERVICE
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: CORAM - H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.66)
(Incharge Court Room No. 63)
Advocate J.B. Mishra a/w plaintiff Manoj present.
None for defendant.
Adv. J. B. Mishra for plaintiff filed application for withdrawal of the suit. t.o.r and marked as Exh.3
            Adv. J. B. Mishra for plaintiff submitted that the plaintiff does not want to continue the suit proceeding. The plaintiff has admitted his signature on the application and expressed desire of withdrawing the suit. Considering contents in Exh.3 and submission of Ld. Adv. J. B. Mishra,
I passed the following order -
                                          Order
1. Application Exh. 3 is allowed.
2. Suit No. 2166/19 is disposed off as withdrawn.
3. Court fee be refunded to the Plaintiff as per rules and Refund Certificate be issued accordingly.
4. Parties shall bear their own costs.
5. Proceeding of the suit is closed.
6. NM No. 2907/19 is disposed off having become infractuous due to disposal of the main matter.
Nature Of Disposal: WITHDRAWL
Disposal Date: 06-07-2022

CHAMBER SUMMONS/101581/2019
NOTICE OF MOTION/102907/2019

Registration Number: 102166/2019
Transfer Date: 02-11-2019
From Court: 2 - COURT 02 ADDL SESSIONS JUDGE
To Court: 7 - COURT  07 ADDL SESSIONS JUDGE

Registration Number: 102166/2019
Transfer Date: 10-06-2021
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 63 - COURT 63 ADDL SESSIONS JUDGE

Filing Number: 108390/2019
Filing Date: 30-07-2019
First Hearing Date: 01st August 2019
Decision Date: 06th July 2022
Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE