Date: 31-07-2018
Business: Fresh assignment.
(By preceipe)
Adv. Nidhi Salian for plff. present.
Draft N/M alongwith supporting affd. filed by adv. for. plff. t.o.r.
Leave granted N/M be registered.
Issue Wr/sum against D/1 to 16.
Matter is adjd. to 06.08.2018 for service affd. / Wr/sum.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-08-2018
Date: 06-08-2018
Business: Plff. and his adv. absent.
Adv. Dharam Sharma for D/1 present.
D/2 and 3 are absent.
Adv. Choudhary for D/4 present.
KB at 2.45 p.m.
Adv. K.M. Merchant for plff. present.
Same appearance.
Exh.2 Service affd. filed by adv. for plff. t.o.r.
Exh.3 V/P filed by adv. for D/4. t.o.r.
Adv. for plff. tendered registered N/M No.2895/18 alongwith supporting affd.
Matter is adjd. to 04.10.2018 for reply on N/M No.2895/18 / order against D/2 and 3.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2018
Date: 04-10-2018
Business: Adv. A. Merchant for plff. present.
Adv. Sharma for D/1 to 3 present.
Adv. Manoj Kane for D/4 present.
rest of the defts are absent.
Adv. for D/1 to 3 filed reply to N/M No. 2895/18.
Copy supplied to plff.
On request of Adv. for D/4 Matter is adjd. to. 14.11.2018 for reply to N/M No. 2895/18 of D/4 / hearing on N/M No. 2895/18 and filing original acknowledgement receipt about service on D/5 to 16
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-11-2018
Date: 14-11-2018
Business: Adv. Gada for plff. present.
Adv. Sharma for D/4 present.
D/1 to 3 absent.
Exh.4 Adjournment application filed by adv. for D/4 t.o.r. Granted
On request of Adv. for D/4 and plff. Matter is adjd. to. 13.12.2018 for report of service of D/5 and 6
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-12-2018
Date: 13-12-2018
Business: plff. and his adv. absent.
Adv. Sharma for D/1,2 and 3 present.
eXH.4 Adv. Chandra Nair for D/4 present and has filed V/P on behalf of D/4 t.o.r
Rest of the defts are absent and adv. of plff. submits that they are formal parties and therefore have not been served.
On request of Adv. for D/4 Matter is adjd. to. 14.01.2019 for reply to N/M No.2895/18
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2019
Date: 14-01-2019
Business: Adv. Nidhi for plff. present.
Adv. for D/1,2 and 3 present.
Adv. for D/4 present and has filed reply to N/M No.2895/18 and also has filed draft NM along with affidavit and sought to register it. TOR. Leave granted to register it.
Copy served on adv. of plff.
On request of Adv. for plff. Matter is adjd. to. 01.03.209 for reply to N/M No.2895/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2019
Date: 01-03-2019
Business: Adv. Monika for plff. present.
Adv. for D/1 to 3 present.
Adv. for D/4 present and has filed registered N/M No.414/19 along with supporting affd. t.o.r
Matter is adjd. to. 18.03.2019 for reply to N/M No.414/19 and 2895/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2019
Date: 18-03-2019
Business: Adv. for plff. present and has filed rejoinder to N/M No.2895/18 t.o.r. She has given say on N/M No.414/19 t.o.r
Adv. Manoj Kane for D/4 present.
Rest of the defts are absent.
F.R.S.R following order is passed on N/M No.414/19
O R D E R
1.The Notice of Motion No. 414 of 2019 is allowed and the delay occurred in filing the written statement of the defendant No.4 is hereby condoned and the defendant No.4 is allowed to file the written statement.
2.The defendant No.4 is also directed to pay payment of cost of Rs.500/- to the plaintiff.
3.In these terms, the Notice of Motion stands disposed of accordingly.
The plff. to file affd. of service on D/5 to 16 N/M No.2895/18. Matter is adjd. to. 17.06.2019 for report of service on D/5 to 16 and hearing on N/M No.2895/18 taken out by plff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2019
Date: 17-06-2019
Business: Advocate for Plaintiff present
Advocate Mr. Chaudhary for Defendant no.1 to 3 present
Advocate for Defendant no.4 present
Court is busy in NM hearing in suit no.2639/14, hence case is adjourned to 19/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: Court is busy in hearing NM in suit no.234/19 and court has to dictate order in suit no.6072/06, case is adjourned to 30/09/2019.
Advocate for Defendant no.4 present and filed Written Statement, t.o.r.
Next Purpose: FOR___________________
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Adv. Ms. Kinjal for plaintiff present.
Adv.Ms. Uma Sharma for defendant No.1 to 3 present.
Adv. Mr. Manoj Kane for defendant No. 4 present.
Adv. for defendant No.1 to 3 present and submitted that copy of W/S and reply filed by defendant No.4 to the N/M taken out by plaintiff is not served upon defendant No.1 to 3.
Considering submission defendant No.4 is directed to serve copy of W/s and N/M reply to defendant No.1 to 3.
Case is adjourned to 22/11/2019 for W/s and reply.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-11-2019
Date: 30-09-2019
Business: Adv. Ms. Kinjal for plaintiff present.
Adv.Ms. Uma Sharma for defendant No.1 to 3 present.
Adv. Mr. Manoj Kane for defendant No. 4 present.
Adv. for defendant No.1 to 3 present and submitted that copy of W/S and reply filed by defendant No.4 to the N/M taken out by plaintiff is not served upon defendant No.1 to 3.
Considering submission defendant No.4 is directed to serve copy of W/s and N/M reply to defendant No.1 to 3.
Case is adjourned to 22/11/2019 for W/s and reply.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: court is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-01-2020
Date: 22-11-2019
Business: court is on leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Advocate for Plaintiff present.
None present for Defendant.
Court is busy in hearing and dictating order in Notice of Motion in HC time bound suit no.7460/06 and court has to record cross-examination in suit no.6971/01, hence case is adjourned to 23/03/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-04-2020
Date: 23-03-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: National Lock down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-05-2020
Date: 16-04-2020
Business: National Lock down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lock down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-05-2020
Date: 05-05-2020
Business: National Lock down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-06-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-08-2020
Date: 12-06-2020
Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-09-2020
Date: 07-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Business: Adjd.to 26.11.2020 due to covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-11-2020
Date: 05-09-2020
Business: Adjd.to 26.11.2020 due to covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 12/02/2021 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv Ms. Shah for plff present and mentioned the matter in the morning session.
Matter is on board of afternoon sessions hence, matter is kept back.
Afternoon session.
Adv Ms. Shah for plff present
Adv Mr. Sachin Choudhary for deft Nos.1 to 3 present and submitted that defts Nos.1 to 3 have already filed written statement. It is recorded in roznama dt.12.09.2018 that written statement filed by deft Nos.1 to 3 is taken on record. It appears that said written statement has remained to be marked as exhibit due to inadvertence. It be marked as Exh.8 in today’s date.
Advocate for plff seeks time to file affidavit of service of writ of summons on deft Nos.5 to 6. Granted till next date.
Matter is adjd. for affidavit of service of writ of summons on deft Nos.5 to 16 to 26.04.2021.
L.O. at 5.15 p.m.
Adv Ms. Chaitali Gosavi for deft No.4 present and submitted that copy of written statement of deft No.4 is served on the advocate for deft Nos.1 to 3 as per the direction given on the previous date.
Already adjd. to 26.04.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-07-2021
Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: None present for both the parties.
As nobody present for plaintiff, matter be kept for order on next date.
Matter is adjd. for order to 26/11/2021.
Judge
Next Purpose: ORDER
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 11-01-2022
Date: 26-11-2021
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv Ms. Salian present for plff. and filed affidavit of service of writ of summons.
Deft No.7 is not properly served.
Adv for plff submitted that plff will serve the deft No.7 with writ of summons again.
Ld. advocate for the plff brought to the notice that NM No.2895/2018 taken out by the plff is pending in the matter for hearing. Said NM is not shown for hearing on any of the roznama after 18.03.2019. Matter be kept for hearing in NM No.2895/2018 on next date.
Considering the present pandemic condition and SOP issued by Hon’ble High Court, matter is adjd. for NM hearing to 11.03.2022.
Judge
L.O.at 3.00 p.m.
Adv Ms. chaitali Gosavi h/f Adv Naik for deft No.4 present.
Already adjd. for NM hearing to 11.03.2022.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv Mr. Ayaan Hafiz i/b Apex Law Partners present for plff. and filed affidavit of service in respect of deft No.7 which is supported by the track consignment report. Adv for plff has not produced the postal receipt to verify the number available on the consignment report. He submitted that the receipt is lying with the department of the Court. He supposed to produce the receipt by obtaining it from the department in support of the affidavit. He shall produce the postal receipt.
Matter is adjd. for compliance to 19.04.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv Ms. Anvi Jain i/b Alex Law Partners present for plff. and filed colored xerox of postal receipt alongwith pursis Exh.9 as per the direction given on previous date.
Adv Smt. Uma Sharma for deft No.1 to 3.
Adv Ms. Chaitali Gosavi present for deft.4.
Affidavit of service shows that defendant No.5 to 16 are properly served with writ of summons by RPAD as the statements made in the affidavit of service are supported by postal acknowledgments, track consignments and copy of RPAD receipt alongwith track consignment produced today with pursis by adv for the plff.
Despite proper service, defendant Nos.5 to 16 did not appear hence, suit to proceed ex-parte against them.
Matter is adjd. for NM hearing to 17.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Court on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Nidhi i/b M/S Alex Law Partners for plaintiff present.
Adv. Manoj Kane for Deft. No.4 present.
As Court is busy in dictating judgments in Suit No. 935/16, 936/16, 942/16. For want of time
Matter adjd to 22.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2022
Date: 27-07-2022
Business: Adv. Nidhi i/b M/S Alex Law Partners for plaintiff present.
Adv. Manoj Kane for Deft. No.4 present.
As Court is busy in dictating judgments in Suit No. 935/16, 936/16, 942/16. For want of time
Matter adjd to 22.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: None present for plaintiff.
Adv.Manoj Kane for deft.No.4 present.
As the plaintiff remained absent. Matter adjd to 25.11.2022 for hearing of NM.
Judge
LO at 03.15 pm
Adv.Dhwani Doshi i/b. Apex Law Partners for plaintiff present.
Matter adjd to 25.11.2022 for hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2022
Date: 22-09-2022
Business: None present for plaintiff.
Adv.Manoj Kane for deft.No.4 present.
As the plaintiff remained absent. Matter adjd to 25.11.2022 for hearing of NM.
Judge
LO at 03.15 pm
Adv.Dhwani Doshi i/b. Apex Law Partners for plaintiff present.
Matter adjd to 25.11.2022 for hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Adv.Dhwani Doshi i/b.Apex Law Partners for plaintiff present.
None present for deft.
Adv.for plaintiff requested for time. Matter adj. to 14.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2023
Date: 25-11-2022
Business: Adv.Dhwani Doshi i/b.Apex Law Partners for plaintiff present.
None present for deft.
Adv.for plaintiff requested for time. Matter adj. to 14.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: Adv.Dhwani Doshi i/b.Law Partners for plaintiff present.
None present for defendants.
On oral request of Adv.for plaintiff matter adjd to 11.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Adv.Dhwani Doshi i/b.Apex Law Partners for plaintiff present.
None present for defendant.
On oral request of plaintiff matter adjd to 12.07.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: Adv. Priyank Jain for plaintiff present.
None for defendant
Matter is adjd.to 21-09-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2023
Date: 21-09-2023
Business: Adv. Nidhi for plaintiff present.
Adv. Sachin Choudhary for defendant no. 1 to 3 present.
Adv. Diti Doshi for defendant no. 4 present.
At the request of plaintiff advocate.
Matter is adjd.to 23-10-2023 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 23-10-2023
Date: 23-10-2023
Business: Adv. Nidhi for plaintiff present.
Adv. Diti Doshi for defendant no.4 present.
Matter is adjd.to 20-12-2023 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 20-12-2023
Date: 20-12-2023
Business: Adv. Nidhi for plaintiff present.
Adv. Diti Joshi for defendant no. 4 present.
Matter is adjourned to 05-02-2024 for Rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 05-02-2024
Date: 05-02-2024
Business: Advocate Nidhi Salion for Plaintiff present and prayed for adjournment. O - Granted.
None for defendants No.1 to 16 present.
Matter stands adjourned on 18.04.2024 for Notice of Motion rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2024
Date: 05-02-2024
Business: Advocate Nidhi Salion for Plaintiff present and prayed for adjournment. O - Granted.
None for defendants No.1 to 16 present.
Matter stands adjourned on 18.04.2024 for Notice of Motion rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: Advocate Mariam Kanchwala for plaintiff present.
Advocate Diti Doshi for defendant No.4 present.
None for other defendants present.
Matter stands adjourned on 05.07.2024 for Notice of Motion rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2024
Date: 18-04-2024
Business: Advocate Mariam Kanchwala for plaintiff present.
Advocate Diti Doshi for defendant No.4 present.
None for other defendants present.
Matter stands adjourned on 05.07.2024 for Notice of Motion rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2024
Date: 05-07-2024
Business: Adv. Nidhi Saliowfor plaintiff present.
Adv. Diti Joshi h/b Chandan for defendant present.
Learned Adv. for plaintiff seeks adjournment.
Matter stands adjourned on 08/10/2024 for Notice of Motion reply rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2024
Date: 05-07-2024
Business: Adv. Nidhi Saliowfor plaintiff present.
Adv. Diti Joshi h/b Chandan for defendant present.
Learned Adv. for plaintiff seeks adjournment.
Matter stands adjourned on 08/10/2024 for Notice of Motion reply rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2024
Date: 08-10-2024
Business: None for plaintiff present.
Adv. Mihir Pashte h/f Adv. Chandra Naik for defendant No.4 present.
None for other defendant present.
Roznama reflects that matter is fixed for reply to rejoinder. No reply is filed. Hence, now matter is posted for Notice of Motion hearing.
Matter adjourned for Notice of Motion hearing.
Matter stands adjourned on 28/11/2024 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2024
Date: 08-10-2024
Business: None for plaintiff present.
Adv. Mihir Pashte h/f Adv. Chandra Naik for defendant No.4 present.
None for other defendant present.
Roznama reflects that matter is fixed for reply to rejoinder. No reply is filed. Hence, now matter is posted for Notice of Motion hearing.
Matter adjourned for Notice of Motion hearing.
Matter stands adjourned on 28/11/2024 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2024
Date: 28-11-2024
Business: None for plaintiff present.
Adv. Mihir Pashte for defendant No.4 present.
None for other defendant present.
Notice of Motion is pending for hearing since long. The plaintiff has not taken any steps for proceeding with Notice of Motion. It appears that plaintiff is not interested in proceeding with Notice of Motion. Hence, Notice of Motion is posted for dismissal order.
Matter adjourned for Notice of Motion for dismissal.
Matter stands adjourned on 07/12/2024 for Notice of Motion for dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 07-12-2024
Date: 28-11-2024
Business: None for plaintiff present.
Adv. Mihir Pashte for defendant No.4 present.
None for other defendant present.
Notice of Motion is pending for hearing since long. The plaintiff has not taken any steps for proceeding with Notice of Motion. It appears that plaintiff is not interested in proceeding with Notice of Motion. Hence, Notice of Motion is posted for dismissal order.
Matter adjourned for Notice of Motion for dismissal.
Matter stands adjourned on 07/12/2024 for Notice of Motion for dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 07-12-2024
Date: 07-12-2024
Business: None for plaintiff present.
Adv. D. B. Kumthekur i/b Adv. Naik for defendant No.4 present.
Notice of Motion is pending for dismissal order. Today also plaintiff and his Adv. are absent for Notice of Motion hearing. It appears that plaintiff is not interested in prosecuting with Notice of Motion. Hence, Notice of Motion No.2895/2018 is dismissed in default and for want of prosecution. Proceeding of Notice of Motion No.2895/2018 in Suit No.1821/2018 is closed. Parties to take note.
Matter adjourned for taking steps.
Matter stands adjourned on 01/02/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-02-2025
Date: 01-02-2025
Date: 28-08-2026
Business: Adv. Nidhi Salian i/b Apex Law partners for plaintiff present.
Adv. Kanan Mehta i/b Anup Khaitan for defendant No. 5 to 12 and present.
Adv Rajesh for defendant no 1 present.
CA of defendant no 1 present.
Adv. Vinod Sakpal h/f Chandra Naik and Associates.
F.R.S.R. following order is passed in Notice of Motion No.3301/25.
ORDER
1. Present Notice of Motion No.3301 of 2025 is made absolute in terms of prayer clause (a) to (c).
2. The delay of 110 days in taking out present Notice of Motion is condoned.
3. Order of dismissal of Notice of Motion No. 2895 of 2018 dated 07.12.2024 and Suit No. 1821 of 2018 dated 01.02.2025 are set aside in the interest of justice and fair play.
4.The original Suit No.1821 of 2018 along with Notice of Motion No.2895 of 2018 shall be restored to file.
5. Present Notice of Motion No.3301 of 2025 is disposed of accordingly.
Matter stands adjourned on 26-10-2026 for appearance.
Next Purpose: DIRECTIONS
Next Hearing Date: 26-10-2026
