M/s. Leela Tubes Pvt. Ltd. - Suit St. No. 7048 of 2019VsPrakash Jaswantlal Doshi And Anr

Date: 19-10-2019
Business: Advocate Hetvi Shah for Plaintiff present and filed registered Notice of Motion no.3202/2019 with affidavit in support, t.o.r.  Plaintiff advocate submitted that Defendant\''s advocate has telephonically informed her that Defendant advocate will be unable to attend the Court.  Considering submissions adjourned.
None present for Defendant.
Case is adjourned to 19/12/2019 for NM hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Advocate Mr. Hetvi Shah for Plaintiff present
None present for Defendant.
Case is adjourned to 09/03/2020 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Advocate Ms. Hetvi Shah for Plaintiff present
None present for Defendant.
Case is adjourned to 29/06/2020 for hearing of NM no.3202/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2020

Date: 29-06-2020
Business: Du to corona pandemic and national lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2020

Date: 29-06-2020
Business: Du to corona pandemic and national lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 04/01/2021 for  Service.
Next Purpose: SERVICE
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: Adv.Ms. Shah for Plaintiff present.
None present for the Defendant.
Learned advocate for the Plaintiff brought to the notice that Notice of Motion No.3202/2019 of the Plaintiff is pending in the matter for hearing. She is ready to intimate the next date of hearing to the Defendant.
Matter is adjourned for hearing in Notice of Motion 3202/2019 as roznama dt. 20.08.2019 shows that statement is made by learned advocate for Defendant that defendant has not created third party interest in the suit flat and in future also, defendant will not create third party interest in the suit flat.
Matter is ajdd. For nm hearing to 17.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Adv Ms. Shah for plff present.
None present for deft.
Adv. for plff filed affidavit of service.
As nobody appeared for the deft despite intimating the date of today fixed in the matter for NM hearing, with direction that earlier interim order dt.20.08.2019 to continue till next date, matter is adjd. to 15.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: Adv. Shri Utkarsh Sanadi i/b. APS lka3w and Associates for plaintiff present.
None present for defendant.
Considering the present Pandemic condition, as nobody is present for the defendant, matter is adjourned at same stage till next date with direction that earlier interim order to continue till next date.
Matter adjourned for NM hearing to 12.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: None present for both parties.
With direction that NM No. 3202/2019 will be heard finally on the next date, matter is adjd. till next date.
Matter is adjd. for  NM haring to 30.09.2021.
Earlier interim order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Adv Mr. Utkarsh Sanadi for plff present.
None present for deft.
Despite granting several opportunities, deft failed to file reply hence, N.M.No.3202/2019 to proceed without reply of deft.
Adv. for plff submitted that  he will file resolution, as mentioned in roznama dt.20.08.2019 on the next date.
Matter is adjd. for NM hearing to 23.11.2021.
Earlier interim order, if any, to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Adv Mr.  A.P. Steengon i/b APS Law Asso. present for plff.
None present for deft.
K.B.
L.O. at
Adv Mr. A.P. Steengon i/b APS Law Asso. present for plff and filed resolution with pursis as per the direction given in roznama dt.20.08.2019.
Heard. Deft has failed to file reply to the NM. Statements made in the affidavit filed in support of the NM, as such, have gone on record unchallenged. Furthermore, roznama dt.20.08.2019 shows that adv. for deft had made a statement that deft has not created third party interest in the suit flat and will not create third party interest in future also. Despite the fact that such a statement is made by adv. for the deft, reply is not filed till date by the deft. Considering it, fit case to make the notice of motion absolute in terms of its prayer clause “a”. Thus N.M.No.3202/2019 is made absolute in terms of its prayer clause”a”. Plaintiff to serve the deft with writ of summons.
Matter is adjd. for service of writ of summons to 08.02.2022.
Judge
Nature Of Disposal: ALLOWED
Disposal Date: 23-11-2021

Registration Number: 103202/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 109292/2019
Filing Date: 22-08-2019
First Hearing Date: 19th October 2019
Decision Date: 23rd November 2021
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE