Mr. Mithu SadaranganiVsMr. Anand Didwania +1 more

Date: 23-01-2020
Business: Advocate Ms. Memon for Plaintiff present
Adv Kaustub Patil h/f Adv. Gandhi for Defendant no.1 and 2 filed two vakalatnamas for Defendant nos.1  and 2 , t.o.r.
Case is adjourned to 21/02/2020 for filing Written Statement by Defendants.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: Intern advocate Ms. Meher for Plaintiff present
Advocate Ms. Preet Chawda for Defendant no.1 present and filed draft Notice of Motion with affidavit in support of Notice of Motion for condonation of delay caused in filing Written Statement.  Leave to register Notice of Motion is granted.  Copy of Notice of Motion be served upon other side.  Copy of draft NM served upon intern advocate Ms. Meher for Plaintiff.
Advocate for Defendant no.2 present
Case is adjourned to 18/06/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/01/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Adv Mr. P.D. Gandhi for Defendant No.1 present present and mentioned the matter in the morning session.
He requested to take on record the written statement of the Defendant No.1 Since notice of motion of Plaintiff is pending, matter is kept back in the afternoon session.
Adv Ms.Phanse h/f Adv Mr. Hardik Desai for Defendant  2 present.
K.B.
L.O. at 2.45 p.m.
None present for Plaintiff.
Adv Ms. Indira Labde h/f dv Mr. P.D. Ghandhi for Defendant No. 1 present.
Having gone through the roznama, it came to the notice that leave to register Notice of Motion for condonation of delay caused in filing written statement is granted to Defendant No.1. It does not appear that Defendant No.1 has tendered the registered Notice of Motion in the Court till date. Learned advocate for Defendant No.1 seeks time to tender Notice of Motion in the Court. Time extended till next date.
Matter adjd. for tendering registered Notice of Motion and reply to 05.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: None present for the plaintiff.
Adv. Hardik Desai for defendant No.2 present and submitted that written statement of defendant No.2 is filed on record on 10.02.2020 by taking the case on board by preceipie. Having gone through the roznama, I found that WS is filed on 10.02.2020 and direction was given to the advocate for the plaintiff to explain whether said WS is filed within time or not. Despite granting more than sufficient opportunities, plaintiff has not explained whether said WS is filed within time or not. As nobody is present for the plaintiff today and as the first date fixed in the matter was 23.01.2020, it appears that WS filed by defendant No.2 on 10.02.2020 within stipulated time of 30 days hence, it is read and recorded. It be marked as Exh.2 in todays date.
Adv. Aditya Khare h/f. Adv. P.D. Gandhi for Defendant No.1 present and seeks extended time to tender registered Notice of Motion in the court.
Time extended till next date as nobody is present for the plaintiff.
Matter is adjd. for NM hearing to 23.06.2021.
Judge
Adv. Smt. Menon for plaintiff present and seeks adjournment.
Already adjourned to 23.06.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: None present for plaintiff.
Adv. Kaustubh Patil for defendant No.1 present and tendered registered  Notice of Motion No.1707 of 2020 alongiwth affidavit in support.
Adjourned for NM reply to 23.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Adv. Mr.Bhuta present for plff. and filed reply in NM No.1707/2020.
Adv Mr. Aditya Khare for deft No.1 present.
Adv.Mr. Hardik Desai present for deft. No.2.
Adv for deft No.1 seeks time to argue NM.
By consent, matter is adjd. for NM hearing to 17.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: Adv Mr. Bhuta present for plff.
Adv Mr. Aditya Khare for deft No.1.
Adv Mr. Hardik Desai present for deft.No.2.
Heard argument of both sides in NM No.1707/2020.
K.B. for order.
L.O.
Heard.
Deft No.1 has prayed to condon the delay of 37 days caused in filing WS. Ld. Adv. for the plff objected the notice of motion by submitting that sufficient cause is not shown to condon the delay. Having gone through the affidavit filed in support of the NM, it does not appear that there is intentional fault on the part of deft No.1 in not filing the written statement within stipulated period prescribed by O-8 R-1 of C.P.C. Having regards to it, this Court is of the opinion that interest of justice will be protected if the WS of deft No.1 is taken on record by allowing this NM subject to cost. Thus, N.M.No.707/2020 is allowed subject to cost of Rs.1000/- (One Thousand Rupees).
Deft No.1 shall either pay the amount of cost directly to the plff  or shall deposit it in the court on or before next date.  In case of his failure to deposit amount of cost, N.M.No.1707/2020 shall be deemed to have been dismissed.
Matter is adjd. for compliance to 14.02.2022.
Authenticated copy of this roznama be given to both sides as per rules.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Adv. Smt. Rahila Menon h/f. Asha Bhutta and associates for plff. present.
Adv. Aditya Khare for defendant No.1 present and submitted that cost as per the order passed on previous date has been deposited with the department.
Adv. Hardik Desai for defendant No.2 present.
As cost is deposited, Written Statement of the defendant NO.1 is taken on record and marked as Exh.4.
Advocate for plaintiff submitted that copy of Written Statement is not served on plaintiff till date by defendant No.1.
advocate for defendant No.1 submitted that he will serve copy of Written Statement on advocate for plaintiff.
Matter is adjourned for draft issues to 29/04/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Adv Ms. Lahila present for plff. and filed draft issues.
Adv Ms. Panchal present for defts. and seeks time to file draft issue.
Matter is adjd. for draft issues and framing of issues to 11.07.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: Adv.Ansul Bhuta i/b.Bhuta and Associates for plaintiff present.
None present for deft.
Defendant absent. Draft issues  not filed. Adjd. for issues.
Matter adjd to 07.09.2022 for framing of issues.
Judge
LO at 12.40 pm
Adv.Hardik Desai for deft.No.1 and 2 present.
Matter adjd to 07.09.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: Adv.Muzammil Mansuri i/b.Bhuta and Associates for plaintiff present.
None present for defendants.
Matter adjd to 05.11.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: Adv.Ms.Shah for plaintiff present.
None present for deft.
KB
LO at 05.45 pm
As Court is busy in hearing interim motion, hence, adjourned.
Matter adjd. to 25.01.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: Adv. Mr. M. Mansoori for plaintiff present.
Adv. Khusi Verma for defendant no. 1 and 2 present.
Matter adj. to 18/03/2023   for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: Adv.Nazim Sultan Saifi i/b.Bhuta and Associates for plaintiff present.
Adv.Tejjas Shah for defendant No.1 present.
Heard both the sides on framing of issues.
Issues are framed at Exh.5.
Matter adjd to 21.06.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: Adv. Dushta Pawar h/f Bhuta and Assciates for plaintiff present.
Adv. P. D. Gandhy for defendant present.
Matter is adjd.to 18-08-2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: Adv. Akshata Pawar for plaintiff present.
Adv. Disha Thakkar for defendant present.
The Ld. Counsel for  plaintiff would seek time to file evidence affidavit of plaintiff on the ground that the plaintiff is out of city. Considering the submission the hearing stand adjourned.
Matter is adjd.to 13-10-2023 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: Adv. Shivani Giri  for plaintiff present.
Adv. Yashvi Panchal for defendants no. 1 and 2 present.
Matter is adjd.to 22-11-2023 for  Hearing.
Next Purpose: HEARING
Next Hearing Date: 22-11-2023

Date: 22-11-2023
Business: None for plaintiff.
Adv.  Kamlesh Verma for defendant present.
Matter is adjourned to  20-12-2023 for R/E as a last chance.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: Adv. Shivani Giri  for plaintiff present and filed affidavit of  examination in chief taken on record marked as Exh.6
Adv. Pratik Dindohar for defendant no. 1 present.
Adv. Hardik Desai  for defendant present.
Copy of Exh. 6 tendered to other side.
The plaintiff also filed compilation of documents list of documents taken on record marked as Exh.7
Matter is adjourned to 21-02-2024 for admission/denial by the opposite party on plaintiffs documents in Exh.7
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-02-2024

Date: 21-02-2024
Business: Adv. Akshata Pawar h/f. Bhuta and Associates for plaintiff present.
Adv. Disha Thakkur for defendant no. 1 and 2 present.
By consent matter is adjourned to   04-04-2024 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: Adv. Ansul Bhuta for plaintiff present.
Adv. Ankit Trivedi for defendants no. 1 and 2  present and filed admission and denial, taken on record and marked as Exh. 8
Matter is adjourned to  28-06-2024 for Hrg on documents
Next Purpose: HEARING
Next Hearing Date: 28-06-2024

Date: 28-06-2024
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 29-07-2024

Date: 29-07-2024
Business: None for plaintiff.
Adv. Hardik Desai  for defendant no. 1 and 2  present.
Matter is adjourned to 09-09-2024 for Hearing on documents.
Next Purpose: HEARING
Next Hearing Date: 09-09-2024

Date: 09-09-2024
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 30-09-2024

Date: 30-09-2024
Business: Adv. Sujit Nikam for plaintiff present and filed fresh vakalatnama. It is taken on record and marked as Exh.9.
Adv. Rutuja Shinde i/b India Law Alliance for defendant No. 1 and 2 present.
Matter is adjourned for 4.10.2024 to hearing on admissibility of document.
Next Purpose: HEARING
Next Hearing Date: 04-10-2024

Date: 04-10-2024
Business: Adv. Ashwin Bhadang for plaintiff present.
Adv. Rutuja Shinde h/f. Adv. Hardik Desai for defendant No. 1 and 2 present.
Matter is adjourned to 08-11-2024 for hearing on admissibility of document.
Next Purpose: HEARING
Next Hearing Date: 08-11-2024

Date: 08-11-2024
Business: Adv. Ashwin Bhadang for plaintiff present.
Adv. Hardik Desai for defendant No.1 and 2 present.
Court is busy in dictation of Judgment in Suit No.4995/2007.
Matter is adjourned to 06.12.2024 for hearing on admissibility of document.
Next Purpose: HEARING
Next Hearing Date: 06-12-2024

Date: 06-12-2024
Business: Adv. Sujit Nikam for plaintiff present.
Adv. Rutvik Patil for defendant present.
Matter is adjourned to 20-01-2025 for admissibility of document.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-01-2025

Date: 20-01-2025
Business: None for plaintiff present.
Adv. Hardik Desai for defendant present.
Later on at 11.49 am
Adv. Ashwin Bhadang for plaintiff present.
Matter is adjourned to 21.02.2025 for argument on admissibility of document.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-02-2025

Date: 21-02-2025
Business: Adv Mr. Sujit Nikam for plaintiff present.
None for defendant.
Later on at 12.30 pm
Adv. Hardik Desai for defendant no.1 and 2 present.
Heard argument on both sides.
Matter is adjourned to 07.04.2025 for order on documents.
Next Purpose: ORDER
Next Hearing Date: 07-04-2025

Date: 07-04-2025
Business: None present for plaintiff.
None present for defendant.
Later on at 11.20 am
Adv. Amey Shivalkar for plaintiff present.
Adv. Rutuja Shinde for defendant no.1 and 2 present.
Adv. Sameer Merchant for defendant present.
Inadvertently suit is posted for order on CS No.699/2020 instead of order on Exh.6. Hence, Matter is adjourned.
Matter is adjourned for order to 19.06.2025.
Next Purpose: ORDER
Next Hearing Date: 19-06-2025

Date: 19-06-2025
Business: Adv. Amey Shivalkar for plaintiff present.
Adv. Shweta More for defendant no.1 and 2 present.
Matter is adjourned to 03.07.2025 for order.
Next Purpose: ORDER
Next Hearing Date: 03-07-2025

Date: 03-07-2025
Business: Adv. Pandurang Andhale for plaintiff present.
Adv. Prathamesh Bhosale for defendant no.1 and 2 present.
Order below Exh.7
The defendants have admitted all the documents except the electricity bill. The electricity bill is public document, it is also exhibited subject to the objection by the defendant. So, all the documents are exhibited as under :
Sr. No. 1
Exh.10
Electricity bill.
Sr. No. 2
Exh.11
Copy of share certificate.
Sr. No. 3
Exh.12
Notice issued by the advocate to the defendant dtd 08.12.2016.
Sr. No. 4
Exh.13
Reply to the notice dtd.13.12.2016.
Sr. No. 5
Exh.14
Again notice issued by advocate dtd.07.04.2018.
Sr. No. 6
Exh.15
Reply given by the defendant to the notice dtd.24.04.2018.
Sr. No. 7
Exh.16
Letter from dtd.11.7.2018.
Matter is adjourned to 12.09.2025 for cross-examination of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-09-2025

Date: 12-09-2025
Business: Adv. Nikam for plaintiff present.
Adv. Hardik Desai for defendant no. 1 and 2 present.
By consent matter is adjourned to 06.10.2025 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2025

Date: 06-10-2025
Business: Matter pertains to C. R. No. 62.
Adv. Shubham Dhoble for plaintiff present and tendered draft NM alongwith affidavit in support.
O- Leave is granted to register draft NM.
Adv. Hardik Desai for defendant no.1 and 2 present.
Matter is  adjourned to 17.11.2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-11-2025

Date: 17-11-2025
Business: CORAM : H.H.J. SHRI. P. G. BHOSALE (C.R. NO.62)
Adv. Amey Shivalkar for plaintiff present and tendered registered notice of motion No. 5456/2025.
None for defendant.
Matter is adjourned to 28.01.2026 for affidavit of service of NM.
                                                                                        Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2026

Date: 28-01-2026
Business: As Court is vacant, hence matter adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2026

Date: 04-03-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
None for plaintiff.
Adv. Hardik Desai for defendants present.
Matter is adjourned to 17.04.2026 for NM reply of defendant.
Later on at 04.00 pm
Adv. Amey Shivalkar i/b Adv. Sujit Nikam for plaintiff present.
Matter is adjourned to 17.04.2026 for NM reply of defendant.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2026

Date: 17-04-2026
Business: P.O. is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-07-2026

Date: 14-07-2026
Business: P.O. IS ON LEAVE
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2026

Date: 28-08-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
Adv. Pandurang Andhale h/f Adv. Sujit Nikam for plaintiff present.
Adv. Neil Rathod for defendant present.
Ld. advocate for defendant seek time to file reply in NM No. 5456/2025.
Last chance granted to the defendant to file reply to NM. On his failure to file reply argument on the NM will be heard on next date.
Matter is adjourned to 05.10.2026 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-10-2026

NOTICE OF MOTION/101707/2020
NOTICE OF MOTION/105456/2025

Registration Number: 100044/2020
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 110231/2019
Filing Date: 20-09-2019
First Hearing Date: 23rd January 2020
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE