Mrs. Trupti PoyrekarVsMr. Avinash Trivikraman Iyer

Date: 06-11-2019
Business: Adv. K. B. Adyanthaya for plaintiff present.
The Ld. counsel for the plaintiff submitted that plaintiff has sent the writ of summons to the defendant and service report is awaited.  Hence seeks time to file affidavit of service.
Adjourned for affidavit of service of writ of summons to 10.1.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Adv. Kotian for plaintiff present.
None for deft.
Plaint.
Vakalatnama.
Memo of address.
List of documents.
Counsel for plaintiff filed service affidavit.  T.O.R.
From service affidavit, it reveals that deft. has been duly served on 02.11.2019. None present for deft. Hence, suit to proceed ex-parte against deft.
The matter is adjd for ex-parte evidence to 11.03.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Adv. Adhyanthaya for plaintiff present.
Ld. counsel for plaintiff seeks time for adducing evidence.  Granted.
The matter is adjd for evidence to 26.06.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-06-2020

Date: 26-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 17.12.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: As Presiding Officer is on leave, the matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Adv. Adyanthaya for plaintiff present.
Ld. counsel for plaintiff seeks time to adduce evidence.  Granted.
The matter is adjd for evidence to 15.04.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: As it was declared holiday by Hon''ble High Court due to Covid-19, the matter is adjd
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: As Presiding Officer is on leave, hence adjd to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: Adv. Adyanthaya for plaintiff present.
Perused the proceedings.  As per Judicial order dated 25.09.2019, present matter is removed from the Commercial category.  Said order directs registration of the suit as a Regular Suit.  As per circular no.30/2021 dated 05.07.2021, present matter is required to be sent back to the Office of Registrar (Civil) for registration of the suit as per order dated 25.09.2019.  Hence, it be sent to the Office of Registrar (Civil) for further assignment.
Registrar (Civil) is directed to act according to the Judicial order dated 25.09.2019.
Matter is adjd for compliance of above order to 27.08.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: None present.
Matter adjd for directions on 03.12.2021.
LO at 11.35 p.m.
Adv. Adyanthaya for plff is present.
Matter adjd for directions on 03.12.2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Adv. Adyanthaya for pltff present.
On oral request of Adv for pltff
Matter is adjd to 23/02/2022 for Ex-party Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: Adv K. B. Adyanthaya for pltff present.
Pltff Trupti Poyrekar present.
PW-1 Trupti Poyrekar present.
Oath is administered to the witness.
She has admitted the contents of affidavit and her signature thereon therefore TOR and marked as Exh. 5.
Pltff has also filed list of documents.  TOR.  Marked as Exh. 6.
Perused the affidavit evidence and the documents vide list Exh. 6
Adjourned for marking of documents.
Matter is adjd to 28/03/2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Adv Pritesh Kotian for pltff present.
None for deft.
Adv for pltff filed an application.  TOR.  Marked as Exh. 7.
Order below Exh. 7- Production of certificates allowed.
List of additional documents is TOR.  Marked as Exh. 8.
Matter is adjd to 22/07/2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv. Adyanthaya for plaintiff is present.
Defendant is present.
Already mater is proceeded ex-parte against defendant. He has not taken any steps to get set aside the said order. The matter is adjd for ex-parte evidence meanwhile the matter be  referred to lok adalat.
Matter adjd to 13.08.2022 for Lok Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: Matter pertains to C.R.No.1.
Plaintiff and defendant are present.
Matter discussed with the parties for some time. They sought time for settling the matter.
Matter not settled.
Matter adjd to 13.10.2022 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Adv K.B. Adyanthaya for plaintiff is present.
None present for the defendant.
Witness Trupti Vasant Poyrekar is present.
Oath is administered to the witness.
She has admitted the contents of affidavit of examination in chief as true and correct. It bears her signature.
Exh.9 and Exh.10 Two passbooks of
Bank of Maharashtra.
Exh.11 NOC issued by Sardar Nagar Panchshil Co-Op Hsg Ltd. dtd 10.08.2015.
Exh.12 Deed of final statement dtd. 25.03.2017 marked exhibit tentatively.
Exh.13 Original electricity bill dtd. 05.11.2019.
Exh.14 Office copy of notice dtd. 20.04.2019
Exh.15 and Exh.16 Hard copy of true extracts of email supported by certificate u/s 65 B of the Evidence Act.
Exh.17 Office copy of letter dtd.21.06.2019
Exh.18 and Exh.19 Copy of email reply supported by certificate u/s 65 B of Evidence Act.
Matter adjd to 09.12.2022 for further evidence.
LO at 2.45 p.m.
The wife of the defendant has filed an application wherein contended that her husband suffer injury and therefore unable to come in the Court t.o.r marked as Exh.20. The application is supported by medical certificate. The matter is already adjd to 09.12.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Adv. Tritesh Kotian for plaintiff is present.
Adv. Pravin Gole for defendant is present and tendered original NM 4414/2022 a/w affidavit of service. T.O.R.
Copy supplied to other side.
Matter adjd to 01.02.2023 for reply on NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: Adv. Tritesh Kotian for plaintiff is present.
Adv. Ruturaj Deshmukh for defendant is present.
As Court is busy in heard argument in SU No.755/91 and SU No.8513/1992. Hence, matter adjourned for NM reply.
Matter adjd to 31.03.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-03-2023

Date: 31-03-2023
Business: None present for plaintiff.
Adv. Pravin Gole for defendant is present.
Inspite of giving opportunity to plaintiff, plaintiff failed to file reply to NM No. 4414/22. Hence, the matter proceeded without reply of the plaintiff to NM.
Heard Ld.Adv.of defendant.
Order below NM No. 4414/22
Perused the notice of motion and heard Ld.Adv.for defendant. The defendant has taken out present notice of motion for condoning delay of 1080 days caused in filing written statement and further to allow the defendant to file written statement on record.
In short, it is contention of defendant that he has been not served with the writ of summons properly. He had been to Pune and there he suffered Severe Brain Stroke and Cataract. He was hospitalised in Jahangir Hospital, Pune. Thereafter, due to outbreak of Covid -19 lock down was imposed. Even there is whats app chat in between defendant and plaintiff\''s husband during 21.05.2020 to 07.06.2022, but, he did not inform about pendency of suit. Later-on on 16.06.2022 during the whats app chat between defendant and plaintiff\''s advocate, the defendant came to know about present suit. Hence he applied for certified copy and obtained the same on 08.08.2022. Thereafter attempts were made to resolve the dispute through Lok Adalat, but could not  be succeeded. Thereafter again on 21.09.2022 the defendant suffers Leg mite injury in supporting bone. Hence, the Doctor advice for rest. Thereafter on 13.10.2022 the wife of the defendant appeared before the Court and inform all the facts. Thus, delay of 1080 days has been caused in filing the written statement. It may be condoned as bonafied one and the defendant be permitted to file the written statement. The plaintiff, inspite of opportunity, failed to file reply.
The defendant has filed the copy of medical certificates such as discharge summary, X-ray, medical prescriptions, whats app chats and application moved by wife of defendant before the Court. Upon perusal of the same, the defendant has shown sufficient cause for causing delay of 1080 days in non filing of written statement. In my view it is necessary to give an opportunity to defendant to contest the matter on merit. Hence, the following order-
ORDER
Notice of Motion No.4414/2022 stands allowed and made absolute in terms of prayer clause (a) subject to payment of cost of Rs. 3000/ paid to DLSA, Mumbai within 15 days from the date of order.
Needless to say payment of cost is condition precedent failing which order stand automatically vacated.
Upon payment of cost written statement be taken on record.
Notice of motion stands disposed of.
Matter adjd to 15.04.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: None present for plaintiff.
Adv. Ruturaj Deshmukh for defendant is present.
The Ld.Adv.for defendant has filed pursis t.o.r marked a Exh.22 and submits that the defendant has complied as per order dtd.31.03.2023 and deposited cost of Rs.3000/- with DLSA, Mumbai on 11.04.2023. As the defendant is complied with the order of cost, hence the WS be taken on record and marked at Exh.23.
Matter adjd to 21.07.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: Adv. K. B. Adyanthaya for plaintiff is present.
Adv. Pravin Gole for defendant is
On oral request of parties, matter is adjourned for draft issues.
Matter adjd to 10.10.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: Adv. K.B. Adyanthaya for plaintiff is present and filed draft issues.
None present for defendant.
Issues framed. Exh.24.
Matter adjd to 09.01.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-01-2024

Date: 09-01-2024
Business: P. O is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-02-2024

Date: 22-02-2024
Business: Adv. K. B. Adyanthaya for plaintiff is present and filed additional affidavit of evidence. TOR and marked Exh. 5A. Copy served on other side.
Adv. P. V. Gole for defendant is present.
Matter adjd to 28.06.2024 for cross examination on the request of both advocates.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-06-2024

Date: 28-06-2024
Business: Adv. K. B. Adyanthaya for plaintiff is present.
Adv. Nimesh Parakh h/f Pravin Gole for defendant is present  and seek time. O- Time granted.
PW-1 is present.
Matter adjd to 10.09.2024 for cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-09-2024

Date: 10-09-2024
Business: Adv. K. B. Adyanthaya for plaintiff is present.
PW-1 present.
None present for defendant.
KB
L.O at 11.56 a.m.
Adv. K. B. Adyanthaya for plaintiff is present.
PW-1 present.
Adv. Kavita Prasad for defendant is present and filed Vakalatnama Exh.25. TOR.
Defendant present.
She seek time for cross examination. O- Time granted.
Matter adjd to 26.11.2024 for cross examination of PW-1 on the request of both advocate.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-11-2024

Date: 26-11-2024
Business: Adv. K. B. Adyanthaya for plaintiff is present.
Adv. Kavita Prasad for defendant is present.
PW-1 present.
With consent matter adjd to 11.03.2025 for cross examination of PW-1 on the request of both advocate.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-03-2025

Date: 11-03-2025
Business: Adv. K. B. Adyanthaya for plaintiff is present.
PW1 is present.
None present for defendant.
Last chance granted to defendant for cross examination of PW1 on failure suit will proceed further on next date.
Matter adjd to 26.06.2025 for cross of PW1.
                                                                 Judge
L.O at 12.07 p.m.
Adv. Pravin Gole for defendant is present.
Already matter adjd to 26.06.2025 for cross of PW1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-06-2025

Date: 26-06-2025
Business: Adv. K. B. Adyanthaya for plaintiff is present.
Adv. Kavita Prasad for defendant is present.
PW-1 present.
Matter adjd to 30.07.2025 for cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-07-2025

Date: 30-07-2025
Business: Adv. K. B. Adyanthaya for plaintiff is present.
Adv. Kavita K. Prasad a/w Adv. Mulye for defendant is present.
PW-1 present.
Cross examination of PW-1 is commenced and concluded.
Adv. for plaintiff filed evidence closing pursis Exh.26. TOR.
Matter adjd to 26.08.2025 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-08-2025

Date: 26-08-2025
Business: Adv. K. B. Adyanthaya for plaintiff is present.
Adv. Nimish S. Parekh h/f Adv. Pravinchand B. Gole for defendant is present and filed adjournment application Exh.27 due to ill health of DW-1. O- Granted.
Matter adjd to 23.09.2025 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-09-2025

Date: 23-09-2025
Business: Adv. Titesh Kotian i/b Adv. K. B. Adyanathaya for plaintiff is present.
Adv. Nimish Parakh h/f Adv. Gole for defendant is present and filed adjournment application marked as Exh.28. TOR. Time granted.
Matter adjd to 16.12.2025 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-12-2025

Date: 16-12-2025
Business: Adv. Tritesh Kotian i/b Adv. K.  B. Adyanthaya for plaintiff is present.
Adv. Gole for defendant is present and filed adjournment application Exh.29 along with medical certificate and seek longer date. O- Time granted with consent.
Matter adjd to 13.04.2026 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-04-2026

Date: 13-04-2026
Business: P. O is on leave.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-07-2026

Date: 18-07-2026
Business: Adv. K. B. Adyanthaya for plaintiff is present.
Adv. P. B. Gole for defendant is present and filed affidavit of evidence of DW-1 Exh.30. TOR. O- Witness is not present, so put up for verification on next date.
He also filed compilation of documents Exh.31. TOR. O- Other side to say.
Matter adjourned to 03.09.2026 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-09-2026

Date: 03-09-2026
Business: Adv. K. B. Adyanthaya for plaintiff is present.
Adv. Kavita K. Prasad for defendant is present and filed adjournment application. It is taken on record and marked as Exh.32. O- Considering the reason one short adjournment is granted.
Matter adjourned to 22.10.2026 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 22-10-2026

NOTICE OF MOTION/104414/2022

Registration Number: 101533/2021
Transfer Date: 21-05-2021
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 31 - COURT 31  ADDL SESSIONS JUDGE

Registration Number: 101533/2021
Transfer Date: 17-07-2021
From Court: 31 - COURT 31  ADDL SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Registration Number: 101533/2021
Transfer Date: 24-08-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Filing Number: 110606/2019
Filing Date: 27-09-2019
First Hearing Date: 06th November 2019
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE