Date: 28-01-2020
Business: Adv. C. B. Lonkar for plaintiff present.
Issue writ of summons to the defendant for answering the claim and for settlement of issues.
Adjd to 06-03-2020 for service .
Next Purpose: SERVICE
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Court is on leave, hence board is discharge.
Next Purpose: SERVICE
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: SERVICE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Due to Covid-19, the matter is adjourned
Next Purpose: SERVICE
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. Ridhi Jhaveri along with Adv. Smruti Jadhav i/b. Bhave and Company for plaintiff present.
None for deft.
Service affidavit tendered by Adv. for plaintiff. T.O.R.
From service affidavit, it is apparent that writ of summons is not served upon defendant.
Issue fresh writ of summons for service to defendant.
The matter is adjd for service to 19.04.2021.
Next Purpose: SERVICE
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned to 27.07.2021.
Next Purpose: SERVICE
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: Adv. Ridhi Jhaveri for plaintiff present.
Exh.2 Adv. For plaintiff filed affidavit of service. T.O.R.
The matter is adjd for service to 11.08.2021.
Next Purpose: SERVICE
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: Adv. Ridhi Jhaveri i/b. Bhave and Company for plaintiff present.
On oral request of Adv. For plaintiff, the matter is adjd for service of writ of summons to deft. to 20.09.2021.
Next Purpose: SERVICE
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv. Zaveri for plaintiff present.
Adv. For plaintiff filed draft Ch/sum. Leave to register Ch/sum is granted.
Heard Adv. For plaintiff on draft Ch/sum.
ORDER BELOW DRAFT CH/SUM
Summons to deft. cannot be served on the address known to the plaintiff. Considering the service affidavit filed on record, there is reason to believe that defendant is keeping out of the way for the purpose of avoiding service. Therefore, summons to deft. be served by publishing writ of summons in daily newspaper circulating in the locality in which defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain and by affixing the copy of suit summons on the conspicuous place in the Court house. Draft Ch/sum is disposed of accordingly. It be registered for statistical purpose.
The matter is adjd for affidavit of service to 27.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. Ridhi Jhaveri i/b. Bhave and Company for plaintiff present.
Adv. For plaintiff tendered disposed of registered Ch/sum no.1216/21. T.O.R.
Exh.3 and 4 - Adv. For plaintiff filed service affidavits. T.O.R.
As per service affidavits (Exh.3 and 4), defendant is deemed to be served with writ of summons. But, he failed to tender his appearance. Therefore, suit to proceed ex-parte against deft.
The matter is adjd for ex-parte evidence to 23.11.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Adv. Zaveri for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 04.01.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Adv. Divya Menon for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 04.02.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Adv. Rai Jhaveri i/b. Bhave and Company for plaintiff present.
She sought time for adducing evidence.
O. - Time as prayed for is granted.
The matter is adjd for Ex-Parte Evidence to 07.03.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv. Riya Zaveri for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 06.04.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv. Riya Zaveri for plaintiff present.
Exh.5 - Adv. For plaintiff filed evidence affidavit of PW-1 Vijay Bholanath Sharma. T.O.R.
Exh.6 - List of documents. T.O.R.
Adv. For plaintiff tendered draft N/M. Leave to register N/M is granted.
The matter is adjd for service of N/M to 08.06.2022.
Next Purpose: SERVICE
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Adv. Riya Zaveri for plaintiff present.
Adv. For plaintiff tendered registered N/M No.1612/22. T.O.R.
She also tendered service affidavit of N/M. T.O.R.
The matter is adjd for hearing on N/M and evidence to 24.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Adv. Smruti Jadhav i/b. Bhave and Co. for plaintiff present.
Heard Adv. For plaintiff on N/M No.1612/22.
ORDER BELOW N/M NO.1612/22
This N/M is taken out by plaintiff seeking permission to lead secondary evidence with respect to office copy of legal notice dated 03.12.2018. It is submitted on behalf of plaintiff that legal notice dated 03.12.2018 was issued on the instructions of plaintiff by erstwhile advocate Rajesh Kothari and office copy of said notice is not traceable.
Suit proceeded ex-parte. It is submitted on behalf of plaintiff that office copy of the notice issued to defendant is not traceable. Original document has been lost. Plaintiff is seeking permission to lead secondary evidence with respect to office copy of the notice dated 03.12.2018. Contents in the N/M are well supported by affidavit filed on record. Plaintiff has made out the case for leading secondary evidence with respect to office copy of notice dated 03.12.2018. Hence, following order.
ORDER
1. Plaintiff is permitted to lead secondary evidence regarding existence, condition or contents of notice dated 03.12.2018.
2. No order as to costs.
3. N/M No.1612/2022 is disposed of accordingly.
The matter is adjd for ex-parte evidence to 14.07.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Adv. Rupa Bhave for plaintiff present.
PW-1 Vijay Bholanath Sharma is present. Contents in the affidavit are verified, read and recorded.
From the evidence of PW-1 Vijay Bholanath Sharma, following documents are proved, therefore, they are exhibited.
Art. A - Copy of consent terms.
Exh.7 - Development agreement.
Exh.8 - Special power of attorney.
Exh.9 - Bank statement.
Exh.10 colly. - Photocopy of the legal notice dated 03.12.2018 along with photocopy of acknowledgment.
Exh.11 - Board resolution.
Exh.12 - Office copy of complaint given to police station dated 23.04.2019.
Exh.13 - Adv. For plaintiff filed evidence closing pursis.
T.O.R.
The matter is adjd for arguments to 27.07.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Divya Menon along with Adv. Rupa Bhave for plaintiff present.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 02.08.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Divya Menon for plaintiff present.
K.B.
L.O. at 05.00 pm.
Exh.14 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No.571 of 2021 is partly decreed with costs.
2. It is hereby declared that redevelopment agreement dated 06/12/2013 executed between plaintiff and defendant bearing registration No.BBE3/101/2014 dated 06/12/2013 is void.
3. It is hereby also declared that Special Power of Attorney bearing registration No.Mumbai 3-102-2014 dated 06/01/2014 is void.
4. Defendant shall pay an amount of Rs.8,15,600/-(Rupees Eight Lacs Fifteen Thousand Six Hundred only) along with interest @ 12percent p.a. to plaintiff from the date of the suit till its realization within two months.
5. A copy of the decree be sent to the officer in whose office above mentioned instruments have been so registered. Concerned officer is directed to note on the copies of the instruments contained in his books, the fact of its cancellation.
6. Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
7. Decree thus follow.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 02-08-2022