M/S. Nathan Properties Pvt. Ltd. +2 moreVsSomshankar A. Koli

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
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 29-06-2020

Date: 29-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 03-08-2020

Date: 03-08-2020
Business: None present.
Matter stands Adj for dismissal to 08/10/2020.
Next Purpose: DISMISSAL
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Adv Jitesh Agarwal for plff present.
He filed application for removing caption of suit as dismissal @ affidavit of service. t.o.r.  Allowed.
It appears that deft is not served due to insufficient address.  Hence plff is directed to serve deft through bailiff.
Matter stands Adj for Service to 20/02/2021.
Next Purpose: SERVICE
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: Adv Akash Darji for plff present.
He submitted that writ of summons could not be served of the deft due to insufficient address. At the request of adv for the plff,
Matter stands Adj for affidavit of service in default dismissal to 01.04.2021
Next Purpose: SERVICE
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: None for plff.
Matter stands Adj for Affidavit of Service, in default for dismissal order to 23/06/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: Due to covid matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: None for plaintiff.
Adjd. for affidavit of service in default for dismissal order to 11.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Both parties and their Adv absent.
Matter stands Adj for Affidavit of Service, in default for dismissal order for want of prosecution to 22/12/2021.
L. O. 1.50 pm
Adv Jitesh Agarwal for plff present.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Adv Sunaina Chakravati for plff present.
None for deft.
PO is busy in dictating order in NM 3296/2021 and draft NM in SU (ST) 10114/2021.
Matter stands Adj for Affidavit of Service to 02/03/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Adv Sunaina Chakravarthy for plff present.
She seeks time to serve writ of summons on the deft.
Case is already fixed for dismissal order.
However in the interest of justice, matter stands Adj for Dismissal order to 16/04/2022, in case plff failed to serve writ of summons on deft before next date.
Next Purpose: DISMISSAL
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: Adv Sunaina Chakravarty for plff present.
She filed affidavit of service. t.o.r.  It appears that writ of summons is not served on the deft due to insufficient address of the deft.
She also filed application for substituted service by way of paper publication. t.o.r.
O- Application is allowed as prayed.
Hence matter be removed from caption of removal.
Matter stands Adj for Affidavit of Service to 17/06/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: Adv. Sunayana  for plaintiff present.
She seek time for filling affidavit of service. Time granted.
None for defendant.
Matter is adjd for affidavit of service to 19/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for affidavit of service to 19/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for affidavit of service to 08/12/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Adv. Manav Hirandani  for plaintiff present.
He filed affidavit of service. TOR. Public notice came to be issued in daily news paper Mumbai, Laxdeep dated 30/07/2022 and in daily news paper active times dated 30/07/2022. The defendant did not appeared despite public notice, hence suit to proceed ex-parte against defendant.
None   for defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for R/E to 03/03/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: Both parties and their advocate are absent.
Matter adjourned for R/E to 19/06/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: As P.O. is on leave, board discharged and matter adjourned for R/E on 23.08.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-08-2023

Date: 23-08-2023
Business: Advocate Ms. Sunaina Chakravorty h.f. Advocate Mr. Agarwal for plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter adjourned for R.E. on 20.10.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-10-2023

Date: 20-10-2023
Business: PO is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-12-2023

Date: 11-12-2023
Business: Advocate Ms. Sunaina Chakravarthy h.f. Advocate Agarwal for plaintiff present and seeks time. O- Granted.
Defendant and advocate absent.
Matter adjourned for Recording Evidence on 09.02.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: Both parties and advocate absent.
Advocate Ms. Sunaina Chakravarthy for plaintiff present.
Matter adjourned for Recording Evidence on 01.04.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2024

Date: 01-04-2024
Business: Plaintiff and advocate absent.
Matter adjourned for Recording Evidence on 01.07.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-05-2024

Date: 02-05-2024
Business: (NOT ON BOARD TAKEN ON BOARD)
Bailiff report received through office of Sheriff regarding charges of Service batta not paid by plaintiff, for serving summons on defendant.
Matter is already adjourned to 01.07.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2024

Date: 01-07-2024
Business: Plaintiff present.
Advocate Ms. Niska Tibrewala h.f. Jitesh Agarwal for plaintiff present and produced the evidence affidavit of Plaintiff no. 3 Mr. Vishal Agarwal and list of documents. Taken on record and marked as Exhibit-5 and 6.
Matter is adjourned for Admission / Denial on 30.07.2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 30-07-2024

Date: 30-07-2024
Business: PO is on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: Advocate Ms. Sunaina Chakravarty for plaintiff present.
Defendant and advocate absent.
Kept back
Later on at 12.10 P.M.
Heard argument of advocate for plaintiff on admission / Denial. The documents (Exhibit-6) from Sr. No. 1 to 17 and 19 are received in evidence for identification purpose only and marked as Exhibit- 7  to 24  subject to proof of truth of its contents.
The documents (Exhibit-6) at Serial no. 1 to 17 and 19  are exhibited as follows-
Serial no.1 Certified Copy of the Power of Attorney dated 26.03.2018  is marked as Exhibit-7.
Serial no.2 Original Copy of the Authority Letter dated 20.01.2023  is marked as Exhibit-8.
Serial no.3 Certified Copy of the Agreement for Sale dated 08.09.2004 is marked as Exhibit-9.
Serial no.4 Original Copy of the receipt issued by the Plaintiff No. 1 in the favor of the Defendant towards payment of Earnest money is marked as Exhibit-10.
Serial no.5 Original Office copy of the Demand Letter dated 10.09.2004 is marked as Exhibit-11.
Serial no.6 Original Copy of the No-objection certificate dated 10.09.2004 is marked as Exhibit-12.
Serial no.7 Original Copy of the receipt dated 28.09.2004 issued by the Plaintiff no. 1 in favor of the Defendant towards further part payment is marked as Exhibit-13.
Serial no.8 Original Office Copy of the Demand letter dated 29.10.2004 is marked as Exhibit-14.
Serial no.9 Original Office Copy of the Demand Letter dated 30.12.2004 is marked as Exhibit-15.
Serial no.10 Original Office Copy of the Demand Letter dated 04.04.2005 is marked as Exhibit-16.
Serial no.11 Original Office copy of the Demand letter dated 13.10.2005  is marked as Exhibit-17.
Serial no.12 Original Office copy of the termination letter dated 27.07.2007 sent by the Plaintiff No. 1 to the Defendant is marked as Exhibit-18.
Serial no.13 Original office copy of the Termination notice dated 23.08.2008 is marked as Exhibit-19.
Serial no.14  Original office copy of the Plaintiff No. 1s Advocates Letter dated 11.06.2009 is marked as Exhibit-20.
Serial no.15 Original Office copy of the letter dated 23.06.2009 is marked as Exhibit-21.
Serial no.16 Original office copy of the letter dated 09.08.2009 is marked as Exhibit-22.
Serial no.17 Certified Copy of the Agreement for Sale dated 26.03.2018 is marked as Exhibit-23.
Serial no.19 Original Copy of the Share Certificate bearing no. 100 is marked as Exhibit-24.
Matter is adjourned for Recording Evidence on 16.10.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-10-2024

Date: 16-10-2024
Business: PO is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-11-2024

Date: 26-11-2024
Business: Both parties and advocate absent.
Matter is adjourned for evidence on 17.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2025

Date: 17-03-2025
Business: Intern advocate for plaintiff present and seeks time.                O- Granted.
Defendant and advocate absent.
Matter is adjourned for Recording Evidence on 05.04.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2025

Date: 05-04-2025
Business: Both parties and advocate absent.
Matter is adjourned for Recording Evidence on 25.07.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-07-2025

Date: 25-07-2025
Business: P.O IS ON LEAVE
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-09-2025

Date: 11-09-2025

Date: 01-11-2025
Business: PO is on leave, hence adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-01-2026

Date: 03-01-2026
Business: None present for parties.
Kept back
Later on at 1.00 P.M.
None present for parties.
On perusal of record, it reveals that, the matter is pending for recording evidence of plaintiff from last more than one year. However, both parties and their advocates are continuously absent in the matter. Hence the plaintiff to adduce evidence on next date without fail, otherwise necessary orders would be passed in the matter.
Matter adjourned to 13.01.2026 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 13-01-2026

Date: 13-01-2026
Business: Plaintiff is present.
Advocate Jitesh Agarwal for plaintiff is present.
None present for defendant.
Kept back
Later on at 12.10 P.M.
Plaintiff no.3 is present.
Advocate Jitesh Agarwal for plaintiff is present. He filed evidence close pursis. TOR and marked as Exhibit-25.                    O- Seen.
None present for defendant.
Matter adjourned to 07.02.2026 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-02-2026

Date: 07-02-2026
Business: None present for the parties.
Kept back
Later on at 12.40 P.M.
Advocate Shweta Yadav i/b Advocate Jitesh Agarwal for plaintiff is present.
Matter adjourned to 13.03.2026 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-03-2026

Date: 13-03-2026
Business: P.O IS ON LEAVE
Next Purpose: ARGUMENTS
Next Hearing Date: 30-03-2026

Date: 30-03-2026
Business: P.O IS ON LEAVE
Next Purpose: ARGUMENTS
Next Hearing Date: 15-04-2026

Date: 15-04-2026
Business: Advocate for plaintiff is present.
Advocate for defendant is present.
Kept Back
Later on at 3.48 PM.
Advocate Jitesh Agarwal for plaintiff is present.
None present for defendant.
Matter adjourned to 28.04.2026 for further Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-04-2026

Date: 28-04-2026
Business: None present.
Kept back
Later on at 11.35 A.M.
Advocate Jitesh Agarwal for plaintiff is present.
None present for defendant.
Heard argument of advocate for plaintiff.
Matter adjourned to 07.05.2026 for citation.
Next Purpose: CIATATION
Next Hearing Date: 07-05-2026

Date: 07-05-2026
Business: Advocate Hritik Tambe for plaintiff is present.
None present for defendant.
Court is busy in hearing argument in Honble High Court Time Bound Spl Case no. 497/2023.
Matter adjourned to 04.07.2026 for further arguments (arguments P.H.).
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 04-07-2026

Date: 04-07-2026
Business: Court is vacant. Matter adjourned to 24.07.2026.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 24-07-2026

Date: 24-07-2026
Business: Advocate Dimkar Laxman Sawant for Petitionor Jitesh agrawal plaintiff is present.
None for defendant.
Heard Adv for plaintiff. His required to give a soft copy of plaint for convenient hearing.
Matter adjourned to 27.07.2026 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-07-2026

Date: 27-07-2026
Business: None present.
Matter adjourned to 18.08.2026 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-08-2026

Date: 18-08-2026
Business: Advocate Vasundhara Soni for plaintiff is present. She seeks time.
Matter adjourned to 02.09.2026 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-09-2026

Date: 02-09-2026
Business: None present for the parties.
Matter adjourned to 24.09.2026 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-09-2026

Registration Number: 102788/2019
Transfer Date: 16-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 2 - COURT 02 ADDL SESSIONS JUDGE

Filing Number: 109675/2019
Filing Date: 31-08-2019
First Hearing Date: 22nd November 2019
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE