Date: 11-11-2019
Business: Adv. Shrutika Lakhand for plaintiff present.
Adv. Rasal for defendant no. 3 and 4 present.
Registered SJ 241/19 @ affidavit filed by plaintiff. t.o.r.
Draft ch/s @ affidavit taken out by plaintiff.
Leave granted to register. Copy is served to OS.
Adjd. for Ch/s reply to 12.12.2019.
Next Purpose: REPLY
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Adv. Shrutika Lakhan present for the plff.
None present for the Deft no. 1,2,5.
Adv. Vora present for the Deft no. 3,4.
Ld counsel for the plff filed registered CS 2063/19. t.o.r.
Ld counsel for Deft no.3 and 4 filed reply to CS 2063/19. t.o.r.
Heard both sides on CS 2063/19.
F.R.S.R. following order passed on CS 2063 of 2019.
1. The chamber summons no. 2063 of 2019 is allowed as under.
2. Permission is granted to the plff to carry out amendment in the plaint as prayed as per the schedule annexed with the Chamber summons subject to costs of Rs.2,000/- to be paid to the Deft no. 3 and 4 by the plff.
3. The plff to pay the costs and carry out the amendment on or before next date.
Adj. for Compliance on 07/02/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Adv.Shrutika for plaintiff
Adv.Jayant Rasal for defendant No. 3 and 4
On the request of plaintiff time is extended for service of summons on defendant No.1,2 and 5 as per order dtd.06.03.2019 by publication.
Adjd for service of summons on defendant No.1,2 and 5 and additional reply of defendant No.3 and 4 to 02-05-2020.
Next Purpose: REPLY
Next Hearing Date: 02-05-2020
Date: 02-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 22-05-2020
Date: 22-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Business: Due to heavy rain declare holiday hence matter adjd to 26-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 26-09-2020
Date: 26-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: P.O. Is on leave
Next Purpose: REPLY
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv. Shrutika for plaintiff present.
Adv. Jayant Rasal for defendant No.3 and 4 present.
Adv. For plaintiff requested to grant a time to serve the summons on defendants No. 1,2 and 5.
Request is granted.
Adjd to 11/06/2021 for service of summons.
Next Purpose: SERVICE
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 09-07-2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Wrongly on board. Already adjourned to 26.08.2021.
Next Purpose: SERVICE
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Plaintiff present. He submitted that due to illness, his advocate is not able to remain present before the Court today for taking steps.
The matter is adjd for taking steps to 16.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv. Shrutika Lakhan for plaintiff present.
Exh.2 - Adv. For plaintiff filed application for issuance of fresh writ of summons.
O. - Allowed to serve fresh writ of summons as per order dated 12.12.2019.
The matter is adjd for service affidavit to 25.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv. Shrutika Lakhan for plaintiff present. Plaintiff present.
Adv. For plaintiff prayed time for filing service affidavit as per order dated 22.09.2021. Time as prayed for is granted.
The matter is adjd for affidavit of service to 22.11.2021.
L.O. at 12.20 pm.
Adv. Jayant Rasal for deft. nos.3 and 4 present.
The matter is already adjd for affidavit of service to 22.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv. Shrutika Lakhan for plaintiff present.
Exh.4 - Affidavit of service filed by Adv. For plaintiff. T.O.R.
As per service affidavit (Exh.4), deft. nos.1, 2 and 5 deemed to be served with writ of summons. But, they failed to tender their appearance. Therefore, suit to proceed without appearance of deft. nos.1, 2 and 5.
Plaintiff has already taken out summons for judgment against deft. nos.3 and 4. Deft. nos.3 and 4 also submitted reply to S/J on 18.10.2019. Therefore, matter be kept for hearing on S/J.
The matter is adjd for hearing on S/J to 29.11.2021.
L.O. at 11.45 am.
Adv. Jayant Rasal for deft. nos.3 and 4 present.
The matter is already adjd for hearing on S/J to 29.11.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv. Bharat Joshi for plaintiff present. Plaintiff present.
Adv. Jayant Rasal for deft. nos.3 and 4 present.
Heard arguments of Adv. for plaintiff and deft. nos.3 and 4 on S/J No.241/19.
The matter is adjd for order on S/J no.241/19 to 04.12.2021.
Next Purpose: ORDER
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: None for plaintiff.
Adv. Jayant Rasal for deft. nos.3 and 4 present.
Exh.5 - Application for production of documents filed by Adv. For deft. nos.3 and 4.
O. - Production is allowed.
Deft. nos.3 and 4 are directed to serve copy of above documents to Adv. For plaintiff.
The matter is adjd for order on S/J to 06.12.2021.
L.O. at 03.40 pm.
Adv. Shrutika Lakhan for plaintiff present.
Exh.6 - Say filed by plaintiff in reply to the document filed by deft. nos.3 and 4. T.O.R.
The matter is already adjd for order on S/J to 06.12.2021.
Next Purpose: ORDER
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv. Bharat Joshi for plaintiff present.
None for defts.
Ld. counsel for plaintiff submits that he wants to make further submissions regarding the documents filed on behalf of deft. nos.3 and 4 on 04.12.2021. Matter is kept back till 02.45 pm. for further submissions of plaintiff.
K.B.
L.O. at 02.50 pm.
Adv. Shrutika Lakhan for plaintiff present.
Adv. Jayant Rasal for deft. nos.3 and 4 present.
Exh.7 - Written submission of plaintiff. T.O.R.
Opportunity for making submission on the written submissions (Exh.7) was given to Adv. For deft. nos. 3 and 4. Heard oral submissions of Adv. For deft. nos.3 and 4 against written submissions of plaintiff (Exh.7). Adv. For deft. nos.3 and 4 submitted that he does not want to make further written submissions.
The matter is adjd for order on S/J no.241/19 to 07.12.2021.
Next Purpose: ORDER
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv. Shrutika Lakhan for plaintiff present.
Adv. Jayant Rasal for deft. nos.3 and 4 present.
F.R.S.R. following order is passed on S/J No.241/19 -
ORDER
1. Defendant No.4-Mrs.Geeta Jala Rathod shall deposit a sum of Rs.75,00,000/-(Rs.Seventy Five Lacs only) in Court within a period of 12 weeks from today. If this condition is compiled with, defendant No.4 is granted leave to defend the suit and she shall file Written Statement within a period of 30 days from the date of deposit.
2. If aforesaid condition of the deposit is not followed by defendant No.4 within stipulated time, plaintiff shall be at liberty to apply for ex-parte decree against defendant No.4.
3. Unconditional leave to defend the suit is granted to defendant No.3-Jalabhai Jashabhai Rathod.
4. Defendant No.3 shall file his written statement within 30 days from today.
5. There shall be no order as to costs.
6. S/J No.241/19 is disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 07-12-2021