Date: 22-11-2019
Business: Adv. Jitesh Agarwal for plff present.
Plaint
VP
Address Memo
List of documents
Plff is directed to writ of summons upon deft through Court Bailiff.
Adjd for Service to 10.01.2020.
Next Purpose: SERVICE
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Both parties are absent
Adjd to 03.03.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: None for plaintiff.
Plaintiff and his Ld. advocate are absent when the matter is called at 11.25 a.m. Hence kept for dismissal on next date for want of steps.
LO
Adv. Rohit Yadav for plaintiff present.
Adjd to 09-06-2020 for Dismissal .
Next Purpose: DISMISSAL
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned
Next Purpose: DISMISSAL
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: None present.
The matter is adjd for Dismissal to 23.02.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: None present.
The matter is adjd for dismissal to 19.04.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned to 27.07.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is discharged.
The matter is adjd to 10.08.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Adv. Jitesh Agarwal for plaintiff present.
None for deft.
Service affidavit filed by Adv. For plaintiff. T.O.R.
Service is not proper. Plaintiff is directed to take further steps for service of summons to defendant.
The matter is adjd for taking steps to 06.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Kainaz Shaikh on behalf of Adv. Jitesh Agarwal present.
No steps are taken.
The matter is adjd for further steps to 22.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: CORAM H.H.J. SHRI S.U. HAKE, JUDGE, CITY CIVIL COURT (C. R. NO. 14)
Adv.Jitesh Agarvwal for plaintiff present.
Exh. 5 He filed application for substituted service of summons upon deft. -O - perused the service affidavit. From the service affidavit filed on record there is reason to believe that the defendant is keeping out of the way for purpose of avoiding service. Summons to defendant can not be served in ordinary way therefore it shall be served by an advertisement in a newspaper circulating in the locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain.
The matter is adjd for service to 22-10-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Adv. Vedprakash Mishra for plaintiff present. He sought time for filing service affidavit. Time as prayed for is granted.
The matter is adjd for affidavit of service to 20.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Adv. Jignesha Fofate for plaintiff present. She sought time for filing service affidavit. Time as prayed for is granted.
The matter is adjd for affidavit of service to 21.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv. Sunaina Chakravarti for plaintiff present. She sought time for filing service affidavit. Time as prayed for is granted.
The matter is adjd for affidavit of service to 31.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: Adv. Suneyna Chakravaty for plaintiff present.
Exh. 6 - Adv. For plaintiff filed application for extension of time for newspaper publication.
O. - Extension of time for compliance of order dated 22.09.2021 is granted.
None for deft.
The matter is adjd for Affidavit of Service to 09.03.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Adv. Sunaina Chakravarti for plaintiff present.
Exh.7 - Application for extension of time for service of summons through paper publication.
O. - Extension of time for service of summons through paper publication as per order dated 22.09.2021 is granted.
The matter is adjd for affidavit of service to 13.04.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Adv. Jitesh Agarwal for plaintiff present.
Exh.8 - Adv. For plaintiff filed service affidavit. T.O.R.
As per service affidavit (Exh.8), defendant is deemed to be served with writ of summons. But, deft. failed to tender his appearance. Therefore, suit to proceed ex-parte against deft.
The matter is adjd for ex-parte evidence to 07.06.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv. Sunaina Chakravarti for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 24.06.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: None present.
The matter is adjd for ex-parte evidence to 03.08.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: None present.
The matter is adjd for ex-parte evidence to 23.08.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Sunaina Chakravarty for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 15.09.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: P.O. is on half day leave. (First Session)
The matter is adjd for Ex-Parte evidence to 30.09.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: The Court is Vacant. Hence, Matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: The Court is Vacant
Hence, Matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-01-2023
Date: 02-01-2023
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: The court is vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: Matter pertaining to CR no.14.
Adv. Jitesh Agarwal present for plff.
None Present for Deft.
Exh.09- Adv of plff has filed chief examination of PW-1 Vishal Agarwal.
PW-1 present. Oath given to witness.
Exh.10- Adv of plff has filed list of document.
Adj. For Marking of document on 13/03/2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: court is vacant. Hence, matter is adjd.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: Matter pertains to C.R. No. 14.
Adv. Jitesh Agarwal for plaintiff is present.
None for defendant.
Witness absent. Hence, documents are not marked.
Case is adjourned for marking document to 13-06-2023.
Next Purpose: FOR___________________
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: As court is vacant. Hence, matter is adjd to
Next Purpose: FOR___________________
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: Matter pertains to C.R.No. 14
Adv. Jitesh Agarwal present for plaintiff.
Plaintiff witness present.
Suit is Ex-parte against defendant.
Matter adjourned to 11.09.2023 for Marking of documents.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: Matter received under transfer from Court Room No. 14
M/S. Nathan Properties Pvt. Ltd. Vs Ajay C. Sawant
Adv. Simran Jagasia present for plaintiff.
Plaintiff to take steps regarding marking of documents.
Matter adjourned to 11.10.2023 for marking of documents.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-10-2023
Date: 11-10-2023
Business: M/S. Nathan Properties Pvt. Ltd. Vs Ajay C. Sawant
Adv. Sunayana Chakravarti present for plaintiff.
On her oral request matter adjourned.
Matter adjourned to 21.11.2023 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-11-2023
Date: 21-11-2023
Business: Nathan Properties Pvt Ltd V/s Ajay Sawant
Adv. Simran Jagesiya present for plaintiff.
Plaintiff witness absent.
She is seeking oral adjournment to lead evidence by next date.
Case adjourned to 12.01.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-01-2024
Date: 12-01-2024
Business: None present.
KB
LO at 12.40 pm
Adv Sunaina Chakravati for plaintiff present.
On oral request, matter stands Adj for marking of documents on 17/02/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-02-2024
Date: 17-02-2024
Business: P. O. is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-03-2024
Date: 22-03-2024
Business: None present.
KB
LO at 11.52 pm
Adv Simran Jagasia for plaintiff present.
Upon her oral request, last chance granted subject to payment of cost of Rs. 500/- paid to DLSA, Mumbai.
Matter stands Adj for filing ex-parte Evidence on 29/04/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-04-2024
Date: 29-04-2024
Business: P. O. is on Leave.
Adv Sunaina Chakravarti for plaintiff present.
Matter stands Adj for Ex-parte Evidence on 10/06/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-06-2024
Date: 10-06-2024
Business: None present.
KB
LO at 12.52 pm
Adv Jitesh Agarwal for plaintiff present.
On oral request time is extended to deposit amount of cost of Rs. 500/- with DLSA, Mumbai. The plaintiff to comply today itself.
LO at 1.39 pm
Same appearance for plaintiff.
The Ld. Adv for plaintiff has paid cost of Rs. 500/- to DLSA, Mumbai.
He has filed pursis along with copy of reciept on record. t.o.r. marked as Exh. 11. O- Seen.
On oral request, matter is adjourned for filing additional evidence.
Matter stands Adj for filing additional evidence on 20/06/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: epresentative of plaintiff is present.
K.B.
L.O. at 1.40 p.m.
Adv Jitesh Agarwal for plaintiff is present.
Representative of plaintiff is present.
He filed additional affidavit of evidence. t.o.r. Exh.9A.
He also filed list of documents. t.o.r. Exh.10A.
PW-01 Vishal Agarwal present.
Oath administered to the witness.
He admits the contents of additional affidavit of examination in chief as true and correct. It bears his signature.
Matter stands Adj for marking of document on 01.07.2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-07-2024
Date: 01-07-2024
Business: None present for plaintiff.
KB
LO at 1.38 pm.
None present for plaintiff.
Last chance granted for marking of documents.
Matter stands Adj for marking of documents on 20/07/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-07-2024
Date: 20-07-2024
Business: Adv Jitesh Agarwal for plaintiff present.
He is directed to make witness remain present for marking of documents.
Matter stands Adj for marking of documents on 03/08/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Business: None present for plaintiff.
Matter stands Adj for Ex-parte Evidence on 10/09/2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: Adv Sunaina Chakravartty for plaintiff present.
Plaintiff present.
However, due to paucity of time, Matter stands Adj for Marking of Documents on 09.10.2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-10-2024
Date: 09-10-2024
Business: Adv Sunaina Chakravarti for plaintiff present.
PW 01 Vishal Subhashchandra Agarwal present.
Oath administered to the witness.
He admits the contents of affidavit of examination-in-chief as true and correct. It bears his signature.
Heard Adv for plaintiff on marking of documents.
Document at Sr. no. 2 is an Original Authority Letter dated 20/01/2023 marked as Exh. 12.
Document at Sr. no. 3 is Photocopy of Agreement for Sale dated 08/09/2004 marked as Exh. 13.
Document at Sr. no. 4 is an Original Copy of Receipt issued by plaintiff no. 1 marked as Exh. 14.
Document at Sr. no. 5 is an Original Copy of No Objection Certificate marked as Exh. 15.
Document at Sr. no. 6 is an Original Copy of receipt issued by plaintiff no. 1 marked as Exh. 16.
Document at Sr. no. 7 is an Office copies of demand letter dated 07/10/2004 and 29/10/2004 marked as Exh. 18 collectively.
Document at Sr. no. 8 is an Office copy of demand letter dated 30/12/2004 marked as Exh. 18.
Document at Sr. no. 9 is an Office copy of demand letter dated 04/04/2005 marked as Exh. 19.
Document at Sr. no. 10 is an Office copy of demand letter dated 13/10/2005 marked as Exh. 20.
Document at Sr. no. 11 is an Office copy of notice dated 27/07/2007 marked as Exh. 21.
Document at Sr. no. 12 is an Office copy of notice dated 23/08/2008 marked as Exh. 22.
Document at Sr. no. 13 is an Office copy of plaintiff no. 1 Advocate''s letter dated 11/06/2009, wrongly mentioned as 11/06/2008 in OC marked as Exh. 23.
Document at Sr. no. 14 is an Office copy of letter dated 23/06/2009 marked as Exh. 24.
Document at Sr. no. 15 is an Office copy of letter dated 09/08/2009 marked as Exh. 25.
Document at Sr. no. 16 is Certified copy of Registered Agreement for Sale dated 26/03/2018 marked as Exh. 26.
Document at Sr. no. 17 is photo copy of Possession Letter dated 26/03/2018 marked as Exh. 27.
Document at Sr. no. 18 is an photo copy of Share Certificate marked as Exh. 28.
Document at Sr. no. 1 (Exh. 10A) is Certified Power of Attorney dated 26/03/2018 marked as Exh. 29.
Document at Sr. no. 2 (Exh. 10A) is Certified Agreement for Sale dated 08/09/2004 marked as Exh. 30.
Document at Sr. no. 3 (Exh. 10A) is an Original Office Copy of Notice dated 27/07/2007 issued by plaintiff no. 1 marked as Exh. 31.
Document at Sr. no. 4 (Exh. 10A) is an Office Copy of Notice dated 23/08/2008 issued by plaintiff no. 1 marked as Exh. 32.
Document at Sr. no. 5 to 7 (Exh. 10A) is an Original Postal Receipts dated 28/08/2008 marked as Exh. 33 collectively.
Document at Sr. no. 8 (Exh. 10A) is an Original Copy of Notice dated 11/06/2009 issued by plaintiff no. 1 marked as Exh. 34.
Document at Sr. no. 9 to 11 (Exh. 10A) is an Original Postal Receipts dated 12/06/2009 marked as Exh. 35 collectively.
Document at Sr. no. 12 (Exh. 10A) is an Original copy of Notice dated 23/06/2009 issued by plaintiff no. 1 marked as Exh. 36.
Document at Sr. no. 13 (Exh. 10A) is an Office copy of reply dated 09/08/2009 marked as Exh. 37.
Document at Sr. no. 14 to 17 (Exh. 10A) is an Original Postal Receipts dated 10/09/2009 marked as Exh. 38 collectively.
Document at Sr. no. 18 (Exh. 10A) is an Original Share Certificate bearing no. 53 marked as Exh. 39.
Adv for plaintiff filed evidence closing pursis. t.o.r. marked as Exh. 40. O- Seen.
Matter stands Adj for Arguments on 21/10/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-10-2024
Date: 21-10-2024
Business: None present for plaintiff.
Matter stands Adj for Arguments on 22/11/2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-11-2024
Date: 22-11-2024
Business: Adv Sunaina Chakravarti for plaintiff present.
Heard.
Matter stands Adj for Ex-parte Judgment on 04/12/2024.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 04-12-2024
Date: 04-12-2024
Business: None present for plaintiff.
Exh 41 - Judgment (Dictated and pronounced in open Court).
F. R. S. R. following order is passed -
Order
1. Commercial Suit No.537 of 2021 is decreed with costs.
2. It is hereby declared that, termination of the Agreement for Sale dated 08.09.2004, executed by and between the M/s. Nathan Properties Pvt. Ltd. i.e., the plaintiff No.1 herein, therein referred to as the Promoters of one part and defendant herein referred to as the Purchaser of the Other part, duly registered with the Sub-Registrar of Assurances at Kurla, under Registration Serial No. BDR-7-09930 of 2004 on 14.09.2004, in respect of the flat No.701, admeasuring 435 sq. ft (Carpet area inclusive of balconies ) on the 7th Floor in the \''H Wing\'' in the Building No.2, of the society known as \''Mayuresh Srishti Building No.2 CHS Ltd\'', situated at Lal Bahadur Shastri Marg, Bhandup (West) Mumbai-400 078 is valid, binding and subsisting on the defendant.
3. The concerned Sub-Registrar of Assurances, Kurla or such Officer appointed under the Provisions of the Indian Registration Act, 1881 is hereby directed to cancel and / or to strike down the agreement for Sale dated 08.09.2004, under the Agreement for Sale dated 08.09.2004 came to be registered by the Registration Authorities under the provisions of the Indian Registration Act.
4. Decree be drawn up accordingly.
5. Commercial Suit No.537 of 2021 disposed off accordingly.
Nature Of Disposal: DECREED
Disposal Date: 04-12-2024
