Arun Kumar Sajanlal Jaiswal And AnrVsMHADA And Ors

Date: 11-09-2019
Business: Adv. Neha Pandey for the Plaintiff present.
Adv. Prakash Mahadik for Defendant-2 present.
Adv. Prabhu for MHADA Defendant no. 1 present.
Vakalatnama tendered by Defendant no. 1. t.o.r. O-filed.
Original registered N/M No. 3262/19 alongwith affidavit in support tendered by Defendant no. 2 . t.o.r.
Court is busy in dictating orders in SU 1592/19. Hence, board discharged.
Matter is adjd. to 4.12.2019
Next Purpose: HEARING
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: As Court is busy in hearing urgent matter and passing interim order, board discharged.
Matter adj to Ch/S reply on 22/01/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Next Purpose: C/S REPLY
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: Due to direction to combat Corona Virus, board is discharged, as
only urgent matters are taken up.
Next Purpose: C/S REPLY
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Next Purpose: C/S REPLY
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv.  Sana Khan for the plaintiff
Adv. Shenoy  for the defendant No.2.
Matter is adjd. to 26/04/2021 for NM and Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: due to covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: due to covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: None present.
Matter is adjd. to 13/10/2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Adv.  Riddhi for plaintiff present.
None for defendants.
Matter is adjd. to 14/12/2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Adv. Sana Khan for plaintiff present.
Matter is adjd. to 03/02/2022 for C/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 19.04.2022 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: Adv. Neha pandey present for plaintiff.
None present for defendant.
Matter adjourned for affidavit of service of chs./reply to 07/07/22.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: Adv Karan Chaudhary present for plaintiff and tendered affidavit of service of Notice of Motion. TOR and sought time to file affidavit of service of Chamber Summons.
Adv S.B. Shenoy present for defendant no. 02.
None present for other defendants.
Matter adjourned for affidavit of service of Chamber Summons and reply to Notice of Motion to 19.08.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv Sana Khan present for plaintiff and submitted that in the affidavit of service of Notice of Motion itself it is mentioned that Chamber Summons is also solved. Therefore, service of Chamber Summons is complete.
None present for defendants.
As defendants are absent.
Matter adjourned for reply to Chamber Summons/No reply order to 27.09.22.
Next Purpose: C/S REPLY
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: Adv. Ravindra singh present for plaintiff.
Adv. Shenoy present for defendant 02.
Adv. Sanket Salgaonkar present for defendant no. 03 and sought adjournment to file reply to chs.
Matter adjourned for reply/no reply order to chs. To 10/11/22.
Next Purpose: C/S REPLY
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: Adv. Ravindra singh present for plaintiff.
Adv. Prakash mahadik present for defendant 02 and sought adjournment to file reply to cs.
Adv. Sanket salagaonkar present for defendant no. 04 and tendered vakalatnama on behalf of defendant no. 04. t.o.r marked as Exh.06..
None present for other defendants.
Matter adjourned for reply to cs to 30/11/22.
Next Purpose: C/S REPLY
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: Adv. Karan chaudhari present for plaintiff.
Adv. S. P. shenoy present for defendant 02 and sought adjournment to file reply to chs.
Adv. Sanket Salgaonkar present for defendant no. 04.
Matter adjourned for cs reply  as  a last chance to 22/12/22.
Next Purpose: C/S REPLY
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: Court is on leave, adjourned to
Next Purpose: C/S REPLY
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Adv. Neha pandey present for plaintiff.
Adv. Nilesh Savekar present for defendant no. 02 and tendered affidavit in reply to chamber summons no. 419/2019. t.o.r.
Adv. Saket Salgaokar present for other defendant no. 04.
None present for other defendants.
Matter adjourned for no reply order to chs. no. 419/2019 to 27/02/23.
Next Purpose: C/S REPLY
Next Hearing Date: 27-02-2023

Date: 27-02-2023
Business: Court is on leave.
Adjourned to.
Next Purpose: C/S REPLY
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: Adv. Neha pandey present for plaintiff and she filed affidavit in  rejoinder in cs 419/21.
Adv. Nikhil Ghate present for defendant no. 04  and tendered draft Notice of Motion @ Affidavit. t.o.r.
O- Leave granted to register..
Adv. Shenoy present for defendant no. 02.
From the record it appears that, inspite of just opportunity defendant no. 1,3,5 and 6 failed to file reply to cs no. 419/2019. Hence cs no. 419/2019 be proceeded without reply of defendant no. 1,3,5 and 6.
Matter adjourned for hearing on chs. To 19-04-2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: Adv. Neha Pandey present for plaintiff and sought adjournment.
Adv. Sanket Salgaonkar present for defendant no. 4 and he tendered original registered Notice of Motion No. 1525/2023  @ affidavit. t.o.r. .
Copy served to the advocate for the plaintiff.
Adv. Amey Kulkarni present for defendant no. 01./MHADA.
None present for other defendants.
Matter adjourned for cs hearing and reply to nm to 13/06/23.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Adv. S.P. Shenoy present for plaintiff.
Adv. Sanket Salgaonkar present for defendant No.4.
Matter adjourned for CS hearing and NM reply to 14.07.2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-07-2023

Date: 14-07-2023
Business: Adv. Singh present for plaintiff.
Adv. Sanket Salgaonkar present for defendant No.4.
Notice of Motion No.1525/2023 shall be heard without reply of plaintiff and other defendants.
Matter adjourned for Hearing on Ch/s. No. 419/2019 and Hearing  on NM No. 1525/2023, NM 3262/2019 to 25.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: Adv. Devika Shahu present for plaintiff. She submitted that her senior is not available.
Adv. Sanket Salgaonkar present for defendant No.4.
Adv. Amay Kulkarni present for defendant/MHADA.
On oral request of advocate for plaintiff, Matter adjourned for Hearing on Ch/s. No. 419/2019 and Hearing  on NM No. 1525/2023, NM 3262/2019 to 19.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: Adv. Ramesh Singh present for plaintiff.
Adv. Nikhil Ghate present for defendant No.4.
Adv. Vinayak Gaonkar present for defendant No.2.
Matter adjourned for Hearing on Ch/s. No. 419/2019 and Hearing on NM No. 1525/2023, NM 3262/2019 to 04.11.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2023

Date: 04-11-2023
Business: None present for plaintiff.
Adv. Sanket Salgaonkar present for defendant No.4.
Adv. Prakash Mahadik present for defendant No.2.
Matter adjourned for Hearing on Ch/s. No. 419/2019 and Hearing on NM No. 1525/2023, NM 3262/2019 to 11.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2023

Date: 11-12-2023
Business: As court is leave. Board is discharge. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2024

Date: 19-01-2024
Business: Adv. Vikas Mishra h/f. Adv. Saraogi present for plaintiff.
Adv. Sanket Salgaonkar present for defendant No.4.
Matter adjourned for Hearing on Ch/s. No. 419/2019 and Hearing on NM No. 1525/2023, NM 3262/2019 to 14.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2024

Date: 14-02-2024
Business: Adv. Ravindra Singh h/f. Adv. Saraogi present for plaintiff.
Adv. Sanket Salgaonkar present for defendant No.4.
Order on Chamber Summons No.419 of 2019
     Perused chamber summons, affidavit in support of chamber summons, affidavit in reply of defendant No.2, reply of defendant No.1 and affidavit in rejoinder of plaintiff. Heard learned counsel of plaintiff and learned counsel of defendant No.4. Other defendants are absent.
     Plaintiff submits that there is a clerical error while filing this suit. Instead of notice dated 06.02.2019 address to plaintiff, the clerk annexed a notice address to original allottes. He want to replace said notice at Exh-A by this notice.
     This is a minor clerical error. It can be corrected. It will not cause prejudice to other side. Hence, I pass following order
ORDER
1. Chamber Summons No.419 of 2019 is allowed.
2. Plaintiff to take steps to correct the errors within four weeks.
3.  Chamber Summons No.419 of 2019 stands disposed off.
Matter adjourned for Compliance and NM Hearing to 15.03.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2024

Date: 15-03-2024
Business: Adv. Ravindra Singh h/f. Adv. Saraogi present for plaintiff.
Adv. Sanket Salgaonkar present for defendant No.4.
Advocate of plaintiff submitted that amendment is carried out as per dated 14.02.2024 in Chamber Summons No.149/2019.
Matter adjourned for NM Hearing to 23.04.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2024

Date: 23-04-2024
Business: Adv. Vikash Mishra h/f. Adv. Saraogi present for plaintiff. He prays for an adjournment.
Adv. Nikhil Ghate present for defendant No.4.
Adv. Amey Kulkarni present for defendant No.1/MHADA.
Matter adjourned for NM Hearing to 10.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2024

Date: 10-06-2024
Business: Adv. Neha Pandey h/f. Adv. Saraogi present for plaintiff.
Adv. Prajakta Borkar present for defendant No.4.
Matter adjourned for NM Hearing to 10.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: Adv. Neha Pandey h/f. Adv. Saraogi present for plaintiff.
Adv. Nikhil Ghate present for defendant No.4.
Matter adjourned for NM Hearing to 07.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: Adv. Neha Pandey h/f. Adv. Saraogi present for plaintiff. She tendered reply to NM No.1525/2023. Taken on record. Copy served on defendant No.4 and defendant/MHADA.
Advocate for plaintiff also tendered draft notice of motion along with affidavit in support. O-Leave granted to register NM.
Adv. Sanket Salagaonkar present for defendant No.4. He prays for an adjournment.
Adv. Amey Kulkarni for defendant/MHADA present.
On oral request of advocate for defendant No.4, Matter adjourned for NM reply/ Hearing to 04.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2024

Date: 04-10-2024
Business: Adv. Ravindra Singh present for plaintiff. He tendered registered  Notice of Motion No.4245 of 2024. taken on record.
Adv. Nikhil Ghate a/w. Adv. Sanket Salagaonkar present for defendant No.4 and endorsed say on notice of motion no.4245/2024 itself.
Order on Notice of Motion No.4245/2024
    Perused notice of motion, affidavit in support thereof and say endorsed by defendant No.4. Heard learned counsel for plaintiff and learned counsel for defendant No.4.
      It appears reply of plaintiff was ready but due to inadvertance it was not filed on record. Therefore discretion needs to be exercised in favour of plaintiff. Accordingly I pass following order
ORDER
1) Notice of Motion No.4245 of 2024 is allowed.
2) Reply of plaintiff to Notice of Motion No.1525/2023 is taken on record.
3) Notice of Motion No.4245 of 2024 is disposed off accordingly.
Matter adjourned for NM Hearing to 08.11.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2024

Date: 08-11-2024
Business: As Court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2024

Date: 20-12-2024
Business: Adv. Ravindra Singh h/f. Adv. Saraogi present for plaintiff.
None present for defendants.
Order on Notice of Motion No.3262/2019
   Defendant No.2 filed this notice of motion challenging maintainability of this suit and prayed for prelimnary issue of maintainability. Plaintiff filed reply to this notice of motion. However roznama shows that, defendant no.2 and his counsel are not appearing before Court since many previous dates. Therefore it appears defendant No.2 is not interested in proceeding with this notice of motion. Hence, I pass following order
ORDER
1) Notice of Motion No.3262 of 2019 is rejected for want of prosecution.
2)  Notice of Motion No.3262 of 2019 stands disposed off.
Nature Of Disposal: DISMISSED
Disposal Date: 20-12-2024

Main Case No: SUIT/0100486/2019
Main Cnr: MHCC010021962019
Main Filing No: 111447

Registration Number: 103262/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 103262/2019
Transfer Date: 30-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 109467/2019
Filing Date: 27-08-2019
First Hearing Date: 11th September 2019
Decision Date: 20th December 2024
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE