Shivram Nilkanth SakharkerVsAswatha Builders and Developers +2 more

Date: 25-07-2019
Business: Adjd
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Adv. Rehan Momin for the Plaintiff present.
Adv. Ms. Chandramore for BMC/Defendant no. 7 present.  .
Disposed of on 25.07.2019 original registered N/M No. 2873/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
The Plaintiff has made compliance as per order passed in N/M no. 2873/19. it appears that on 9.10.2017, Defendant no. 6 has already been served with writ of summons. But, Defendant no. 6 has failed to appear. Hence, exparte order is passed against Defendant no. 6.
Further Defendant nos, 1 to 5, though duly served with writ of summons, failed to appear. Hence, exparte order is passed against Defendant no. 1 to 5
Adv for Defendant no. 7 seeks adjournment for filing WS. Granted.
Matter is adjd. to 21.10.2019 for WS by Defendant no. 7.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-10-2019

Date: 21-10-2019
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-11-2019

Date: 23-11-2019
Business: None present.
Matter adj for W/S to 17.12.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Matter taken on Board of 25.07.2019 By praecipe.
Adv. Vijay S.Gharat a/w adv. Rehan R.Momin for Plaintiff present.
Draft Notice of Motion alongwith affidavit in support taken out by the plaintiff for restoration of the suit against defendants no.6 and 7. TOR. Perused affidavit in support of NM and order passed on 03.10.2018. Today the Plaintiff has tendered original Writ of summons. It appears that Defendant no.6 had been served on 09.10.2017 but the Plaintiff has failed to tender the same before the Court. Further it appears that the Plaintiff has not taken steps for service of Defendant no.7. Today by way of this motion the Plaintiff has prayed for issuance of writ of summons to Defendant no.7.  Therefore in such circumstances it is just and proper to allow the present NM in the interest of justice.  Considering delay cause in taking out NM. Costs is to be imposed upon the Plaintiff with this I proceed to pass the following order -
ORDER
1. Draft Notice of Motion is made absolute in terms of prayer clause  a and b subject to deposit cost of Rs. 1000/- to Mumbai District Legal Services Authority on or before next date.
2. On depositing costs, suit against Defendants no. 6 and 7 be restored
3. On depositing costs issue writ of summons against Defendant no. 7 on payment of process fees.
4. Accordingly draft NM is hereby disposed of it be registered for statistical purpose.
Nature Of Disposal: ALLOWED
Disposal Date: 17-12-2019

Main Case No: SUIT/0102194/2017
Main Cnr: MHCC010073772017
Main Filing No: 111447

Filing Number: 108488/2019
Filing Date: 01-08-2019
Decision Date: 17th December 2019
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE