Jeevan Niwas Co op HSG Society LtdVsBhupender K. Pamnani

Date: 27-09-2019
Business: Adv. Khan Faraha for plaintiff present and filed NM no. 3487/19 along with affidavit.
Defendant present.
By consent, Matter stands Adj for hearing to 08.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: Adv. Khan Faran for plaintiff present and undertakes to file registered NM on next date and serve the copy on other side.
Defendant present.
Matter stands Adj for hearing to 20.12.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: Adv. Khan for plaintiff present.
defendant present in person and seeks time to file reply to NM. Time granted.
Registered NM has been filed on 27.09.19. Copy served on defendant today. In view of the above, roznama dated 08.11.19 stands corrected.
Matter stands Adj for reply to NM on 27.01.2020.
Next Purpose: REPLY
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: Adv. Nancy for plaintiff present.
Mrs. Bharati wife of defendant present and submitted that his husband is not feeling well and admitted in hospital. Hence, prayed for adjournment. Adjournment granted.
Matter stands Adj for reply to 23.03.2020.
Next Purpose: REPLY
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Business: adjourned
Next Purpose: REPLY
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: REPLY
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 14-07-2020

Date: 14-07-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for Reply to 19/10/2020.
Next Purpose: REPLY
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: Adv. Kalpesh Nansi for plaintiff present.
Matter stands Adj for Reply to 19.01.2021
Next Purpose: REPLY
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Advocate Kalpesh Nansi for plaintiff present.
None for defendant.
The case is adjourned to 23.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: Advocate Kalpesh Nansi for plaintiff present.
Defendant present and seeks time.
Advocate for defendant absent.
The case is adjourned to 31.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2021

Date: 31-03-2021
Business: None present.
The case is adjourned to 19.04.2021 for NM hearing.
Advocate Mulani h/f adv. Kalpesh Nansi for plaintiff present.
Already the case is adjourned to 19.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Matter called out at 3.11 p.m.
Adv. Kalpesh Nancy for plaintiff present.
Defendant present in person.
Kept back
Later on at 03.24 p.m.
Adv. Kalpesh Nancy for plaintiff present.
Defendant present in person.
Defendant in person requested for time. Time granted.
Matter stands adjourned to 20.09.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: Matter called out at 03.15 p.m.
Adv. Kalpesh Nanu for plaintiff present.
Defendant in person present.
Defendant seeking inspection for certain documents for which plaintiff advocate is ready to give inspection on 22.10.2021 in Court Room No.59 where, the suit is pending between same parties.
Defendant after taking inspection is allowed to file reply to NM No. 3487/19.
In the event of failure to file reply, this court will proceed without reply of defendant.
Additional affidavit filed by the defendant to NM No. 354/18. TOR.
Matter stands adjourned to 12.10.2021 for reply to NM No.
3487/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Matter called out at 3.06 p.m.
Adv. Sayeed Mulani for plaintiff present.
Defendant in person present. He tendered to reply to NM No.3487/19.
O-seen and filed
Copy serve to the plaintiff.
At the request of Adv. Sayeed Mulani for plaintiff matter kept back.
Later on at 5.05 p.m.
Adv. Sayeed Mulani for plaintiff present.
Defendant in person present.
As Court is busy in hearing in NM No.3230/17 and NM No.3081/17
in SU No.8715/94. Therefore matter is adjourned to 29.11.2021 for
NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: Matter called out at 3.06 p.m.
Adv. Sayeed Y. Mulani for plaintiff present.
Defendant in person present.
Heard both the sides on NM 3487/19.
Plaintiff tendered instant NM permitting him to file additional affidavit in lieu of examination in chief.  Admittedly, cross-examination is yet to begin.  I find no reason for refusing the permission to the plaintiff. No prejudice will be caused to the defendant as the defendant can cross-examine the witness. Hence, I am of the view, that the NM needs to be allowed.
Thus, I proceed to pass the following order.
1. NM No.3487/19 is allowed in terms of prayer clause (a).
2. Plaintiff to bear the costs of NM.
3. NM disposed of accordingly.
By consent of the parties, NM No.354/18 shall be decided at the end of the trial. Parties are at liberty to file their evidence in support of their case in NM.
Plaintiff seeking time to file additional evidence in support of NM. Time granted.
Matter stands adjourned to 16.12.2021 for admission denial.
Nature Of Disposal: ALLOWED
Disposal Date: 29-11-2021

Main Case No: SUIT/0104460/2011
Main Cnr: MHCC010049692011
Main Filing No: 111447

Filing Number: 110100/2019
Filing Date: 19-09-2019
First Hearing Date: 27th September 2019
Decision Date: 29th November 2021
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE