Mohan Kumar SuvarnaVsRadha Madhav CHS Ltd. +1 more

Date: 14-08-2019
Business: Adv. Ms. Shabana Sothe for the Plaintiff present.
Adv. Gandhi i/b Vasant Dhavan for Defendant-1 present.
Adv. Prabhu for MHADA Defendant no. 2 present.
Affidavit of service of writ of summons and N/M tendered by the Plaintiff. t.o.r.
Original registered N/M No. 2924/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
Heard Ld adv for the Plaintiff. It appears that Plaintiff has filed this suit on the basis of development agreement executed by Defendant no 1 with present Plaintiff on 31.12.2010. Prime facie it appears that the Plaintiff is claiming relief on the basis of this development agreement. Perused development agreement para no. 41. Prime facie it appears that there is Arbitration clause. Then in view of Section 8 of the Arbitration and Cancellation Act. Prime facie this court ha no jurisdiction to try and entertain the suit. Even it appears from the documents by the Plaintiff that the Hon\''ble High Court in the earlier suit filed by present Defendant no. 1 against present Plaintiff and MHADA has taken into consideration Arbitration Agreement between present Plaintiff and Defendant no. 1. It is submitted by Ld adv for Defendant no. 1 that in respect of present dispute, Arbitrator has already been appointed and even in para no. 20 of the plaint, the Plaintiff has pleaded in respect of appointment of Arbitrator Mr. Aditya Mehta. Thus, in the background of above facts, Prime facie this is not fit case to grant adinterim relief. Hence, adinterim relief is hereby refused.
Matter is adjd. to 18.11.2019 for reply and WS by the Defendant.
Next Purpose: REPLY
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Adv. Smita Jagtap for plaintiff present.
Adv. Prabhu  for defendant MHADA present.
Court is busy in recording evidence and also dictating order in NM 472/19 and hearing in urgent matters.
By consent Adjd to 28/01/2020  for reply.
Next Purpose: REPLY
Next Hearing Date: 28-01-2020

Date: 28-01-2020
Business: court is on leave
Next Purpose: REPLY
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Next Purpose: REPLY
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Next Purpose: REPLY
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Next Purpose: REPLY
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Next Purpose: REPLY
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Business: Due to direction to combat Corona Virus, board is discharged as
only matters for argument are taken up.
Next Purpose: REPLY
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: None present for Plaintiff.
NM 2924/19	None present for Defendant.
	Matter adj. to 02/04/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 15.06.2021 for NM reply/rejoinder
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: None present.
Matter is adjd. to 24/09/2021 for reply/rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: None present.
Matter is adjd. to 10.11.2021  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: Due to SOP only urgent matters are taken up.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: None present  for plaintiff.
None present for defendant.
As plaintiff and his adv. are absent, Matter adjourned for dismissal order to 27/04/22.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: None present for plaintiff.
None present for defendant.
From the record it appears that since long plaintiff and his advocate are absent and they did not take steps to proceed further with NM No. 2924/2019 and therefore matter is kept for dismissal order. Today also, plaintiff and his advocate are absent from the above conduct of plaintiff it appears that plaintiff is not interested to proceed further with the NM No. 2924/2019 and suit. Therefore, it will be appropriate to dismiss the suit and NM No. 2924/2019 as per Order 9 Rule 3 Of Code Of Civil Procedure. Hence, suit and NM No. 2924/2019 is dismissed as per Order 9 Rule 3 Of Code Of Civil Procedure. Proceeding is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 27-04-2022

Main Case No: SUIT/0102007/2019
Main Cnr: MHCC010065582019
Main Filing No: 111447

Registration Number: 102924/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 102924/2019
Transfer Date: 19-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 108646/2019
Filing Date: 03-08-2019
First Hearing Date: 14th August 2019
Decision Date: 27th April 2022
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE