Mr. Hansraj Narandas Bhatia and OrsVsMrs. Rajuben Raghavji Bhatia and Ors.

Date: 18-09-2019
Business: Matter called out(3.34pm)
Adv.Mahesh Menon for plaintiff present.
Adv.Vivek Vashi for defendant no.1 and 2 present.
Adv.K.A. Bhatia for defendant no.6(a) to 6(e) present.
Matter not traceable.
Matter is adj to 07/10/19 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: Matter called out(3.31pm)
Adv.Mahesh Menon for plaintiff present.
Adv.Vivek Vashi i/b M/s.M.P.Vashi and Asso. for defendant no.1 and 2 present.
Defendant no.4 in person present.(Mayur Bhatia)
Adv.K.A.Bhatia for defendant no.6(a) to 6(e) present.
Plaintiff filed reply on N/M No.472/17. T.O.R.
Copy serve to the other side.
Defendant no.1 and 2 filed reply on N/M No.3467/19.T.O.R.
Plaintiff filed rejoinder.
Copy serve to the other side.
Adv.Yusuf Rampuravala I/b Shraddha Pande for defendant no.7 is appearing as counsel.  The defendant no.7 is present in the court.
Matter is adj to 19/10/19 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: Matter called out(3.16pm)
kept back.
Second time matter called out(4.08pm)
Adv.Mr.Mani Thevar a/w Mr.Chetan Mendadkar i/b Mahesh Menon and Company for plaintiff present.
Defendant no.3 in person present.
Adv.Vivek Vashi i/b M/s.M.P.Vashi and Asso. for defendant no.1 and 2 present.
Adv.Mayur Bhatia defendant no.4 in person present.
Adv.K.A.Bhatia for defendant no.5,6(a)to 6(e) present.
After discussion with the parties it appears the dispute could be resolved by mediation hence, matter refer to meditation.
Matter is adj to 21/12/19 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 29-11-2019

Date: 29-11-2019
Business: Matter moved by preceipe.(Exh-10) Order- Put up matter on 07/12/19 plaintiff to serve other side giving intimation of 07th Dec 2019.
Adv.Saket Chavan i/b Mahesh Menon for plaintiff tendered registered C/S No.2122/19.
Subject to the condition serve to the defendant.
Matter is adj to 07/12/2019 for service report.
Next Purpose: SERVICE
Next Hearing Date: 07-12-2019

Date: 07-12-2019
Business: Matter called out(5.52pm)
Adv.Saket Chavan i/b Mahesh Menon for plaintiff present tendered affidavit of service of C/S No.2122/19 (Exh-10) and service report of matter taken on board, it is marked as (Exh-11)
Respondents no.3 (Kalpesh Anandji Bhatia) and 4 (Mrs.Bindu Deepak Negandhi) present.
Heard Ld.Adv. for plaintiff.
F.R.S.R following order is passed on C/S No.2122 of 2019.
ORDER
1. Chamber summons No.2122 of 2019 is made absolute in terms of prayer clause(a) and (b).
2. Plaintiff to carryout amendment as per schedule(a) within 14 days from the date of order.
3. Chamber summons No.2122 of 2019 is disposed off.
Matter is adj to 21/12/2019 mediation report/compliance.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 21-12-2019

Date: 21-12-2019
Business: Matter is called out at 3.01pm
Adv.Saket Chavan i/b Mahesh Menon and co. for plaintiff present.
Adv.K.A.Bhatia for defendant no.6a to 6e present.
Defendant no.7c(Kalpesh Bhatia) present.
Defendant no.3 and 4 (Dhirendra Bhatia and Mayur Bhatia) present.
Defendant no.6a (Mukesh Bhatia) present.
Plaintiff seeking time to serve amended plaint upon defendant no.3,4 and 5. Time granted.
Mediation failed.
Matter is adj to 04/02/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: PO IS ON LEAVE.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Matter is called out at 4.04pm
Adv.Chetan Mendadkar i/b Mahesh Menon and co. for plaintiff present.
Adv.K.A.Bhatia for defendant no.6a to 6e present.
Defendant no.7c(Kalpesh Bhatia) present.
Adv. for plaintiff filed affidavit of service in respect of service of amended plaint.(Exh-13) T.O.R.
Adv. K.A.Bhatia for defendant no.6a to 6e insisted to give short date this court is enable to give the date of this month hence, matter is adj to 23/04/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2020

Date: 18-08-2020
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Business: Due to Covid-19 none present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: Due to Covid-19 none present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: Adv Mani Thevar a/w Adv Saket Chavan for plaintiff present.
Adv K.A.Bhatiya for defendants no. 6(b) to 6(e) present.
Matter adjd to 08/02/2021 for N.M. hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: Adv Sanket Chavan I/b  Adv Mahesh Menon for plaintiff present.
None present for defendant no. 1 to 4 and 7.
Adv Rajan Thakkar for defendant no.5 present.
Adv K. Bhatiya for defendant no.6 (b) to 6(e) present.
Adv for defendant submitted that N.M. 472 of 17 is under order 7 rule 11 of CPC therefore it requires to be heard before other N.M.
Matter adjd for N.M. hearing on 02/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Adv. for plaintiff present.
Adv. Mr. V. Vashi for defendant nos.1 and 2 present and  requested adj as no instructions from his client.
Adv. for defendant no.5 present.
Adv. for plaintiff filed rejoinder to NM 1640/19.
Matter is adjd. for NM Hearing to 24/3/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Adv Nutan Patel for plaintiff present.
Adv Vivek Vashi for defendant no.01 and 02 present. He filed written notes of arguments in N.M.472/17. He undertakes to supply the copy to advocate for plaintiff.
Adv for defendant no.5 present.
Adv K.A.Bhatiya for defendant no.6(b) to 6(e) present.
Matter adjd for N.M. hearing on 16/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: CORAM  H.H.J. SHRI. R. V. KOKARE (C.R.No.63)
None present for plaintiff.
Defendant no.5 is present and filed application alongawith xerox copies of death certificates of deft nos. 2 and 6. Application is taken on record and marked Exh.16.
Adjourned for  NM hearing to 07.10.2021.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: Adv. Bhavin Doshi for plaintiff present.
None present for defendant.
Adjourned for NM hearing to 13.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Advocate Bipin Chandra for plaintiff is present.
Advocate Mr. Bhatia for defendant nos.6(b) to 6(e)is present.
Adjourned for NM and C/S hearing to 20.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: Adv. Ankit Dindale h.f. Adv. Mahesh Menon and Co. for plaintiff present.
None for defendants.
Advocate for plaintiff want to file application for condonation of delay in respect of CS. Hence, adjourned for compliance.
Matter is adjd.to 25-04-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: Advocate Ankit Dhinda for plaintiff is present.
Advocate K. A. Bhatia for defendants no. 6(b) to 6(e) is present.
None for other defendants.
Adjd. for filing CS reply by defendant no. 1 to 5 and 7 to 9 to 14/06/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Pranav Chavan present for plaintiff.
Adv. K.A. Bhatia present for defendant nos.06b to 06e and submitted to pass appropriate order on Chamber Summons.
Son of Defendant no.05 is present. Copy of Chamber Summons supply to him for filing say on next date. Other defendants and their advocate are absent and not filed say on Chamber Summons.
Matter is adjd. for NM hearing to 19.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: Adv. Pranav Chavan present for plaintiff.
None present for defendant.
Son of defendant no.05 is present and filed reply to CS no.1516/2021. t.o.r.
Record shows that CS no.1516/2021 is not served on proposed LR’s of defendant no.02. Plaintiff to comply service.
Matter is adjd. for Service on LR’s to 10.08.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Nutan Patel present for plaintiff.
None present for defendant.
Record shows that defendant nos.01 and 03, 04 and 07 to 09 have not file reply to CS no.1516/2021. So also LR’s of defendant no.02 have not appeared though CS is served on them. Adv. for defendant nos.06b to 06e submitted to pass appropriate order on CS. Defendant no.05 filed reply to CS is taken for bringing LR’s of defendant no.02 who expired on 06.04.2021 as per affidavit in support, plaintiff got knowledge of the death of defendant no.02 and death certificate is obtained from BMC in September-2021. Since then the CS is within limitation. Right to sue survives against LR’s of defendant no.02. Hence, following order is passed:
Order:
1) Chamber Summons No.1516/2021 is allowed in terms of prayer Clause (a) and (b).
2) Plaintiff is permitted to carry out necessary amendment in plaint as per Schedule-A annexed to CS within limitation and serve copy of amended plaint on defendants.
3) Chamber Summons No.1516/2021 is disposed off accordingly.
Matter is adjd. for compliance to 15.09.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Pranav Chavan present for plaintiff.
Adv. K. Bhatiya present for defendant nos.06b to 06e.
Adv. Rajan Thakkar present for defendant no.05.
Adv. for plaintiff filed service affidavit in respect of service of amended plaint on defendants.
Matter is adjourned for NM no.472/2017 under Order VI Rule 11 of CPC.
Matter is adjd. for NM hearing to 21.10.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Nutan Patel i/b Mahesh Menon and Co. present for plaintiff.
Adv. K. A. Bhatia present for defendant nos.06b to 06e.
Adv. Rajan Tahkkar present for defendant nos.05.
Matter is adjd. for NM hearing to 06.12.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
Adv. Nutan Patel present for plaintiff.
Adv. K. A. Bhatia present for defendant nos.06b to 06e.
Adv. Rajan Thakkar present for defendant no.05.
Matter is adjd. for NM hearing to 05.01.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2024

Date: 05-01-2024
Business: Adv. Nutan Patel a/w Dipesh Palwankar for Plaintiff present.
Adv. Rajendra Thakkar for defendant No.5 present.
Adv. K. Bhatia for defendant No.6(b) to 6(e) present.
None present for other defendants.
Matter stands adjourned on 23.01.2024 for hearing in NM No.472/2017 at 3.30 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2024

Date: 23-01-2024
Business: Adv. Dipesh Palwankar a/w Adv. Nutan Patel for Plaintiff present and filed list of judgements.
Adv. Rajendra Thakar present for deft no.5 and filed written argument and list of judgments. t.o.r.
Adv. K. Bhatia for defendant no. 6(a) to 6(e) present.
Heard argument both sides on NM 472/17
Matter stands adjourned on 29/01/2024 for Order on NM 472/17.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-01-2024

Date: 29-01-2024
Business: Adv. Pranav Chavan a/w Adv. Dipesh Palwankar for Plaintiff present.
Adv. Rajendra Thakkar for defendant No.5 present.
Adv. K.A. Bhatia for defendants No.6(b) to 6(e) present.
F.R.S.R. following order is passed in Notice of Motion No.472/2017
ORDER 1. Notice of motion No.472 of 2017 is made absolute in terms of prayer clause (a).
2. Plaint in suit No.2645 of 2016 is rejected as per Order VII Rule 11(a) of the C.P.C.
3. Notice of Motion No.4535 of 2016, Notice of Motion No. 1640 of 2019 and Notice of Motion No. 3467 of 2019 are disposed of having become infractuous due to disposal of the main matter.
4. Proceedings of all Notice of Motions and Suit No. 2645 of 2016 are closed.
Nature Of Disposal: OTHER
Disposal Date: 29-01-2024

Main Case No: SUIT/0102645/2016
Main Cnr: MHCC010115222016
Main Filing No: 111447

Registration Number: 103467/2019
Transfer Date: 10-06-2021
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 63 - COURT 63 ADDL SESSIONS JUDGE

Registration Number: 103467/2019
Transfer Date: 04-01-2024
From Court: 63 - COURT 63 ADDL SESSIONS JUDGE
To Court: 65 - COURT 65 ADDL SESSIONS JUDGE

Filing Number: 110079/2019
Filing Date: 17-09-2019
First Hearing Date: 18th September 2019
Decision Date: 29th January 2024
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE