Date: 24-10-2019
Business: Matter called out(12.04pm)
Exh-1 Plaint Exh-2 Vakalatnama Exh-3 Memorandum of register address. Exh-4 List of documents.
Adv.J.R.Dislva for plaintiff present.
Exh-5 Adv.Surabhi Gujar for defendant no.4 present vakalantama. T.O.R.
Exh-6 Adv.Samarth Patel i/b Markand Gandhi and co. for defendan no.2 and 3 present vakalantama. T.O.R.
Adv.Jacob Kadantot for defendan no.1 made a statement that he under take to file vakalantama on or before next date.
Exh-7 Adv.J.R.Dislva for plaintiff present affidavit of service original writ of summons. T.O.R.
It appears that plainitff serve defendan no.5 to 10 none appeard hence, suit proceed without written statement def.no.5 to 10.
Matter is adj to 23/11/19 for filing written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Business: Adv J.R. D Silva for plaintiff present.
Adv for defendant no.1 present and filed vakalatnama, it is TOR and marked as Exh.9 alongwith written statement, it is TOR and marked as Exh.10. Copy served to the other side.
Adv Samarth for defendant no.2 and 3 present and seeking time to file w.s. Time granted.
Adv Surbhi Gujar for deft. no.4 present.
Matter adjd for w.s. of deft no.2 and 3 to 18/01/2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-01-2020
Date: 18-01-2020
Business: Matter is called out at 12.32pm
Plaintiff and his advocate absent.
Adv.Jacob Kadant a/w Manmohan Amobkar for defendant no.1 present.
Adv.Samarth Patel for defendant no.2 and 3 present seeking time. Time granted.
Adv.Surbhi S. Gujar for defendant no.4 present is directed to serve copy of written statement to the other defendant.
Matter is adj to 07/03/2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Business: Court is busy recording of evidence in Suit No.6643/05 and SU 7355/03.
Defendant no.6 tendered vakalatnama for Adv.Jacob Kadantot (Exh-11) T.O.R
Adv. for defendant no.6 tendered draft Notice of Motion alongwith affidavit.O-Leave is granted to register the Notice of Motion.
Copy served to the other side.
Draft N/M handed-over the defendant no.6 advocate for registration.
Adv.Samarth Patel for defendant no.2 and 3 present.
Adv.Surbhi S.Gujar for defendant no.4 present.
Matter is adj to 15/06/2020 for written statement/NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Business: Court is on Leave. Hence matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: The P.O. is on leave. Hence board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: None for plaintiff.
Adv. Manmohan Amonkar for defendant no. 1 present and tendered registered NM No. 1690/20 along with affidavit. TOR. Copy of NM served to Def. no. 2 and 3. Copy be served to plaintiff.
Adv. Samarth Patel for def. no. 2 present.
Adjd to 26.03.2021 for service/NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: None for plaintiff.
Adv. Pawan Tiwari for def. no. 4 present.
Adv. Kaushik for def. 2 and 3present.
In view of office order No. 63/2021 dtd. 25.03.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to Standard Operating Procedure (SOP) laid down by Hon\''ble Bombay High Court vide letter No. Insp-I/25/2021 dtd. 24.03.2021 read with circular dtd. 23.02.2021 in the wake of sudden surge in COVID-19 cases, the matter is adjourned owing to absence of the plaintiff.
Adjd to 28.06.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for NM reply to 27/08/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: None for plaintiff.
Adv. Manmohan Amonkar for defendant No. 1 and 6 present and stated that notice of motion is filed for condonation of delay of Written statement.
Adv. for deft NO. 4 present
Deft No. 1 and 6 are directed to serve NM to the plaintiff
Adjd for affidavit of service to 24/11/2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: At 2.52 pm
None for plaintiff.
Adv. Jacob Kadantot For defendant No. 1 and 6 present.
Adv. Pawan Tiwari For defendant No. 4 present.
Adjd for affidavit of service by defendant No. 1 and 6 of service of notice of motion to plaintiff to 10/02/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: At 11.38 am
None present when called.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for affidavit of service of service of notice of
motion to plaintiff to 20/04/2022
L. O at 2.49 pm
Adv. Jacob Kadantot For defendant No. 6 present.
Affidavit of service filed by adv. For defendant No. 6. T.O.R
Adv. Pawan Tiwari for defendant No. 4 present.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: Adv. Jacob Kadantot for defendant No 1 and 6 present.
Adv. Pawan Tiwari for defendant No. 4 present.
None for plaintiff.
The affidavit of service filed by defendant of Govinda Vadari the clerk of adv. For defendant shows that NM is served to the plaintiff. The plaintiff is not appearing since 18.01.2019 and proceeding with the suit. Hence Notice of motion No. 1690 of 2020 to proceed without reply of the plaintiff.
Adjd for NM arguments to 22/07/2022
Next Purpose: NM ARGUMENTS
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Adv. Clifford Martis for plaintiff present and he has given say at the back side of NM 1690/20.
Adv. Sneha Sonawane h/f Jacob Kadantot for defendant No.6 present.
Adv. C. N. Kumar I/b Harish Pawar for defendant no.4 present.
Heard both sides in Nm No.1690/20.
F.R.S.R. following order passed in NM No-1690/20.
Order.
1. Notice of Motion No.1690/2020 is made absolute in terms of prayer clause (a) and (b).
2. Defendant no.6 is directed to file written statement on or before the next date of hearing.
3. Proceeding of N/m No.1690/2020 id closed.
Matter is adjd.to 07-09-2022 for Written statement
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: None for plaintiff.
Adv. Ashirwad Sapre h/f Adv. Jacob Kadantot for defendant no.1 and 6 present and prayed for adjournment - allowed as a last chance.
Adv.Neer Karia for defendant no. 2 and 3 present.
Adv. Pawan Tiwari for defendant no. 4 present.
Matter is adjd.to 29-09-2022 for written statement of deft. no. 6 as a last chance.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: Adv. Asmat Hippargi for plaintiff present.
Adv. Ashirwad Sapre for defendant no. 1 and 6 present and filed written statement of deft. no. 6 t.o.r. marked as Exh.13
Adv. Harish Pawar for defendant no. 4 present
None for defendants no. 2,3,5 and 7 to 10
Adv. Asmat Hippargi for plaintiff and Adv. Harish Pawar for defendant no. 4 received copy of Exh. 13
Matter is adjd.to 15-10-2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-10-2022
Date: 15-10-2022
Business: Adv. Asmat Hippargi for plaintiff present.
Adv. Neer Karia for defendant no. 2 and 3 present.
Adv. Jacob Kadantot for defendant no. 1 and 6 present.
None for defendants no. 4,5,7 to 10.
Matter is adjd.to 05-12-2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: Adv. Clifford Martis for plaintiff present.
Adv. Neer Karia for defendants no. 2 and 3 present.
None for defendants no. 1 and 4 to 10.
Issues framed -Exh.13
Matter is adjd.to 03-02-2023 for evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: None for plaintiff.
Adv. Jacob Kadantot for defendant no. 1 and 6 present and application for framing additional issues t.o.r. marked as Exh.14 - other side to say.
Adv. Neer Karia h/f M. Gandhi and Co. for defendant no.2 and 3 present.
Adv. Charusheela Gorad for deft. no. 4 present.
Adv. Jacob Kadantot for defendant no. 1 and 6 placed on record copy of Exh. 14.
LO at 11.30 am.
Adv. Clifford Martis for plaintiff present and received copy of Exh. 14.
Matter is adjd. To 23-03-2023 for say on Exh. 14.
Next Purpose: FILING SAY
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: Adv. Clifford Martis for plaintiff present and filed say on Exh. 14 t.o.r. marked as Exh.14A
Adv. Jacob Kadantot for defendants 1 and 6 present.
Adv. Haresh Pawar for defendant no. 4 present.
None for defendants no. 2,3,5 and 7 to 10.
Adv. Jacob Kadantot for defendants 1 and 6 and Adv. Haresh Pawar for defendant no. 4 received copy of Exh. 14.
Matter is adjd.to 15-06-2023 for Hrg on Exh. 14.
Next Purpose: HEARING
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: None for plaintiff present.
Adv. Jacob Kadantot for defendant no. 1 and 6 present.
The plaintiff is directed to supply copy of reply to the defendant.
Matter adjourned for hearing on Exh. 14 to 25/08/2023.
Next Purpose: HEARING
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: None For plaintiff present.
Adv. Charushila Gorad i/b Harish Pawar for defendant no. 4 present.
Adv. Jecob Kadantot for defendant no. 1 and 6 present.
Heard advocate for defendant no. 1 and 6 on Exh. 14.
Matter adjourned for argument of plaintiff on Exh. 14/order to 26/10/2023.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: P. O. is on leave, matter adjourned to
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 21-12-2023
Date: 21-12-2023
Business: Adv. Martis for plaintiff present.
Adv. Jacob K. for defendant no. 1 and 6 present.
Matter adjourned for argument P. H. on Exh. 14 to 23/01/2024.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 23-01-2024
Date: 23-01-2024
Business: None For plaintiff present.
Adv. Jaccob K for defendant no. 1 and 6 present.
The advocate for defendant no. 1 and 6 already argue on Exh. 14. Since last three dates matter is kept for argument of plaintiff. But plaintiff failed to argue. Though sufficient chances given to him. Hence matter adjourned for order.
Matter adjourned for order to 05/03/2024.
L. O.
Adv. Charushila Gorad i/b Harish Pawar for defendant no. 4 present.
Already matter adjourned for order on Exh. 14 to 05/03/2024.
Next Purpose: ORDER
Next Hearing Date: 05-03-2024
Date: 05-03-2024
Business: None For plaintiff present.
Adv. Jaccob K for defendant no. 1 and 6 present.
ORDER BELOW EXH. 14 :
Perused application reply filed by the plaintiff.
Heard advocate for the defendant no. 1 and 6.
I have gone through the written statement there in defendant has taken stands that suit is not correctly valued, this court has no jurisdiction to try the suit also, suit is bad for non joinder of necessary parties, it did not disclosed cause of action. It is further case of defendant that plaintiff have not complied the provision u/s 163 and 164 of Mharashrta CO-Op Soc. Act. I have gone through the issue framed by predecessor. Therefore in my opinion issue needs to be added in Exh. 14. Considering this I passed following order :-
order
1) Application Exh. 14 is allowed following issues are framed as additional issues along with issues framed in Exh. 14. Following issue be framed :-
1) Whether suit has been properly valued and sufficient court fees have been paid by the plaintiff?
2) Whether this court has jurisdiction to entertain the suit?
3) Whether the suit is maintainable in the present form?
4) Whether suit is bad for non joinder of necessary parties?
5) Whether the suit is without cause of action?
6) Whether suit is barred and bad u/s 163 and 164 of Mharashrta CO-Op Soc. Act?
Accordingly application Exh. 14 disposed off.
Matter adjourned to 05/05/2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-05-2024
Date: 06-05-2024
Business: P. O. is on leave, matter adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2024
Date: 19-08-2024
Business: PO is on leave, hence matter adjourned
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2024
Date: 14-10-2024
Business: Adv. Clifford Martis for plaintiff present and filed evidence affidavit at exhibit-15. Taken on record.
Advocate for plaintiff also filed list of witnesses at Exhibit-16 along with list of documents at Exhibit-17. Taken on record.
Adv. Rudra Kanekar i/b Harish Pawar for defendant no. 4 present.
Matter adjourned for argument on Exhibit-17 to 29/01/2025.
L. O.
Adv. Jacob Kadantot for defendant no. 1 and 6 present.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-01-2025
Date: 29-01-2025
Business: Adv. C. Martis for plaintiff present.
Adv. Jacob Kadantot for defendant no. 1 and 6 present.
Adv. Shivam S. Gawde i/b Harish Pawar for defendant no. 4 present.
Matter adjourned for reply/argument on Exhibit-17 to 23/04/2025.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-04-2025
Date: 23-04-2025
Business: None for plaintiff present.
Adv. Jacob Kayantot for defendant no. 1 and 6 present and tendered draft chamber summons alongwith affidavit in support thereof. Taken on record. Leave is granted to register it.
Matter adjourned for draft ch/s reply, reply and argument on Exhibit-17 to 15/07/2025.
Later on..
Adv. Rudra Kanekar i/b Harish Pawar for defendant no. 4 present.
Next Purpose: C/S REPLY
Next Hearing Date: 15-07-2025
Date: 15-07-2025
Business: Adv. Jacob Kadantot for defendant no. 1 present and tendered registered chamber summons no. 1271 of 2025. (Morning Sessions)
Later on at 2.45 PM..
Adv. C. Martis for plaintiff present.
Adv. Rudra Kanekar for defendant no. 4 present.
Matter adjourned for affidavit of service of chamber summons/ chamber summons reply to 22/09/2025.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-09-2025
Date: 22-09-2025
Business: Both parties and their advocate are absent.
Matter adjourned for affidavit of service to 15/12/2025.
Later on..
Adv. Rudra Kanekar i/b Harish Pawar for defendant no. 4 present.
Adv. Jacob Kadantot for defendant no. 1 present and filed affidavit of service of chamber summons no. 1271 of 2025.
Next Purpose: C/S REPLY
Next Hearing Date: 15-12-2025
Date: 15-12-2025
Business: PO is on leave. Matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 10-03-2026
Date: 10-03-2026
Business: CORAM : H.H.J. SMT. M. M. DESHPANDE (C.R.NO.66)
None present for plaintiff.
Adv. Sonal Bhor h/f Adv. Harish Pawar present for defendant no.4.
Adv. Jacob Kadantot present for defendant no.1 and 6.
Matter is adjd. for CS reply by plaintiff to 19.06.2026.
Later on at 03:29 p.m.
Adv. Clifford Martis present for plaintiff.
Next Purpose: C/S REPLY
Next Hearing Date: 19-06-2026
Date: 19-06-2026
Business: CORAM : H.H.J. D. R. DESHPANDE (C.R.NO.66)
None present for plaintiff.
Adv. Sonal Bhor present for defendant no.4.
Plaintiff absent. CS to proceed without reply.
Matter is adjd. for no reply CS hearing to 01.09.2026.
Next Purpose: C/S HEARING
Next Hearing Date: 01-09-2026
Date: 01-09-2026
Business: CORAM : H.H.J. K. S. Zanwar (C.R.NO.66)
Adv. Clifford Martis present plaintiff.
Adv. Jacob Kadantot present for defendant no.1 and 6.
Adv. Sonal Bhor h/f Adv. Harish Pawar present for defendant no.4.
Court busy in passing order in NM no.4612/2026, NM no.1513/2026, CS no.1941/2023 NM no.4326/2025, NM no.2840/2024, CS no.960/2025, CS no.692/2026 and CS no.586/2024.
Matter is adjd. for CS hearing to 03.12.2026.
Next Purpose: C/S HEARING
Next Hearing Date: 03-12-2026
