M/s. Luxury Builders and DevelopersVsMr. Sanjeev Kumar Singh

Date: 14-11-2019
Business: Adv. Kaustubh Patil for the plaintiff present.
Adv. Jain for defendant  present.
The Ld. counsel for the defendant tendered registered NM 3883/19.  TOR.
Say filed by the plaintiff on NM no. 3883/19.
Heard Ld. Advocate for the defendant no. 1 and plaintiff on Notice of Motion No. 3883/2019.
Order on Notice of Motion no. 3883/2019
This Notice of Motion is tendered by the defendant for setting aside without written statement order.  Heard. Perused the record. The Ld. counsel for the defendant submitted that the Maharashtra Real Estate Regulatory  Authority has passed order dated 6.09.2018 thereby directed to plaintiff  to hand over the possession of the flat to the defendant by 31.12.2018.  On 17.10.218 the counsel for the defendant had produced the said order and the Ld. Advocate for the plaintiff submitted that the plaintiff wants to withdraw the present suit and matter was adjourned several dates for withdrawal. On 15.2.2019 the Ld. Advocate for the  plaintiff made the statement that the plaintiff dose not wish to withdraw the suit and according to him the copy of plaint and annexures are served upon the defendant.    The Ld. Advocate for the defendant submitted that the defendant instructed the advocate to proceed to drat written statement in the matter. Due to various reasons the defendant was unable to provide papers and some proceedings.  The matter was adjourned on 26.7.2019 and on that day the court passed the order to proceed without written statement and therefore in the interest of justice NM be allowed.
The Ld. Advocate for the plaintiff strongly objected to the NM on the count that sufficient cause for delay has not been assigned.  There is considerable delay.
The copy of the plaint and annexures were supplied to the defendant on 15.2.019.  Thereafter there was considerable time for the defendant to file written statement.   The Ld. counsel for the defendant submitted on oath that due to some reasons he could not provide the documents and relevant information to his counsel to draft the written statement and therefor the counsel could not prepare written statement.  The reason appears to be just and reasonable.  Be that as it may, there should not be hyper technical and pedantic approach in dealing with such type of motion.  The matter is at the initial stage.  No prejudice will be caused to the plaintiff if the written statement is taken on record and  it would be in the interest of the parties if the matter is decided on merit.  Considering the same Notice of Motion needs consideration.  Hence it is expedient to pass following order.
ORDER
1.  Notice of Motion no. 3883/2019 is made absolute in terms of prayer clause (a) and (b) subject to costs of Rs. 2,500/- to be paid by the defendant to the plaintiff.
2.  Payment of costs is subject precedent.
3.  Notice of Motion is disposed of accordingly
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The Ld. counsel for the plaintiff submitted that the costs is received. As the order is complied the written statement is taken on record.  Copy of written statement is served to the counsel for the plaintiff.
Written statement.
Adjourned for reply to NM no. 3881/19 to 14.1.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 30-05-2020
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: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Business: Due to Lock-down (Covid 19) the matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: Due to Covid-19, the matter is adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Adv. Kaustubh Patil for plaintiff present.
Adv. Shriraj Menon for deft. present.
Both the parties seek time for hearing on N/M.  Granted.
The matter is adjd for hearing on N/M to 31.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2021

Date: 31-03-2021
Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for N/M hearing to 20.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: P.O is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Adv. Mishra for plaintiff is present.
Adv. Darshit Rupda for defendants is present.
On oral request matter adjourned for NM hearing.
Matter adjd for NM hearing on 13.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: As per Office Order No. ''07of 2022'' and ''03 of 2022'' only urgent matter is to be taken up for hearing therefore matter is adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: Adv Siraj Menon for deft present.
None for pltff.
On oral request, Matter is adjd to 04/07/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv. Pankaj Dhigaonkar for plaintiff is present.
Adv. Vikramjit Garewal for defendant is present.
On oral request of the Adv.for plaintiff the matter is adjourned till 04.8.2022.
Matter adjd to 04.08.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: Adv. Pankaj Dahigaonkar for plaintiff is present.
Adv. Jain for applicant is present.
The plaintiff has served the copy of NM a/w affidavit in support of NM to the defendant.
Matter adjd to 03.10.2022 for NM reply and hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Adv. Meenakshi Shinde for plaintiff present.
Adv. Krish Kumar Jain for defendant present.
On oral request, matter is adjourned for NM hearing taken out by Deft. no.1 and 2 for rejection of plaint.
Matter adjd to 01.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: None present for plaintiff.
Adv. Jain for defendants is present.
Last chance given to the plaintiff to argue on NM No. 3881/19.
Matter adjd to 30.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Adv. Vaibhavi Pawar for plaintiff is present and undertakes to file V/P on next date.
Adv. Shriraj Menon for defendant is present.
On oral request of both the sides, matter adjourned for NM hearing.
Matter adjd to 30.03.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2023

Date: 30-03-2023
Business: Adv. Vaibhavi Pawar for plaintiff is present and filed V/P t.o.r marked at Exh.7. Seen.
Adv. Shriraj Menon for defendant is present.
Matter adjd to 06.06.2023 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: Adv. Kudalkar a/w Adv. Prashant Kalbande for plaintiff present.
Adv. Shubham Hondia a/w Adv. Krishkumar Jain I/b Adv. Shriraj Menon for defendant present.
On oral request, the matter is adjourned for hearing on NM No.3881/2019.
Matter stands adjourned on 24.07.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: Adv. Darshan Jain for plaintiff present and seeks time to argue NM.
Adv. Shubham H. i/b Adv. Sriraj Menon for defendant present.
Last chance granted to plaintiff to argue NM.
Matter adjd to  15/09/2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Adv. Pathak h/f Kudalkar for plaintiff is present.
Adv. Shubham Hundia i/b Sriraj Memon  for defendant is present.
KB
L.O. at 4.23 p.m
Heard the Ld. Advocate for plaintiff.
On oral request of Ld. Advocate for defendant matter is adjourned.
Matter adjd to 06.10.2023 for argument on law point.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: Adv. Kudhalkar for plaintiff is present.
Adv. Shubham Hundia i/b Sriraj Menon for defendant is present.
Plaintiff tendered draft N/M alongwith affidavit.
O- Leave  is granted to register.
Matter adjd to 31.10.2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: Adv.Darshan Jain for plaintiff is  present, tendered original registered NM No. 3781/23 TOR.
Adv.Avesh Ganja for defendant is  present.
Matter adjourned for NM reply on 04-01-2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-01-2024

Date: 04-01-2024
Business: Adv. Kudalkar for plaintiff is present.
Adv. Shubham Hundia i/b Adv. Sriraj G. Menon for defendant is present and filed pursis. Exh. 8. TOR.
Defendant absent.
Defendant did not filed reply to NM No. 3781/2023 hence, NM No. 3781/2023 to proceed without reply of defendant.
Matter adjd to 26.02.2024 for NM hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: P.O. is on Training.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2024

Date: 01-04-2024
Business: Adv. Darshan Jain for plaintiff is present and seek time. O- Time granted.
None present for defendant.
Matter adjd to 21.06.2024 for NM hearing on the request of Adv. for plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: None present for plaintiff and defendant.
Matter adjd to 13.08.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2024

Date: 13-08-2024
Business: None present for plaintiff and defendant.
Last chance granted, on failure further order will be passed on NM.
Matter adjd to 25.09.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: P.O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2024

Date: 08-11-2024
Business: Adv. Vaibhavi Pawar for plaintiff is present.
None present for defendant.
Heard Adv. for plaintiff.
F.R.S.R following order is passed in Notice of Motion No.3781 of 2023
ORDER
1. Notice of motion no.3781/2023 is hereby allowed and no reply order dated 09.03.2020 is hereby recalled and plaintiff is permitted to file reply to NM No.3881/2019.
2. Notice of motion disposed off with no order as to costs.
Matter adjd to 06.01.2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2025

Date: 06-01-2025
Business: Adv. D. A. Dhotre h/f Adv. Kudalkar for plaintiff is present and seek time to file reply. O- Time granted.
None present for defendant.
Matter adjd to 06.03.2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2025

Date: 06-03-2025
Business: Adv. Kudalkar for plaintiff is present and seek time to file reply. O- Time granted.
None present for defendant.
Matter adjd to 17.06.2025 for reply.
Next Purpose: REPLY
Next Hearing Date: 17-06-2025

Date: 17-06-2025
Business: Adv. Riddhi Gurav i/b Suraj Kudalkar for plaintiff is present and filed affidavit in reply to NM no.3881/2019. TOR. Copy be served on other side.
None present for defendant.
Matter adjd to 25.07.2025 for service.
Next Purpose: SERVICE
Next Hearing Date: 25-07-2025

Date: 25-07-2025
Business: Adv. Riddhi Gurav h/f Adv. Kudalkar for plaintiff is present.
None present for defendant.
Matter adjd to 27.10.2025 for service.
Next Purpose: SERVICE
Next Hearing Date: 27-10-2025

Date: 27-10-2025
Business: None present for plaintiff and defendant.
Matter adjd to 05.01.2026 for service.
Next Purpose: SERVICE
Next Hearing Date: 05-01-2026

Date: 05-01-2026
Business: Adv. Aditya Ragde h/f Adv. Suraj Kudalkar for plaintiff is present.
None present for defendant.
Matter adjourned to 13.03.2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2026

Date: 13-03-2026
Business: Adv. Kudalkar for plaintiff is present.
None present for defendant.
As the defendant has not proceeded with his NM no.3881/2019, it seems that the defendant is not interested in pursuing this notice of motion. So this notice of motion is dismissed for default. The NM no.3881/2019 is disposed of.
Matter adjourned to 24.06.2026 for framing issues.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 13-03-2026

Main Case No: SUIT/0100025/2018
Main Cnr: MHCC010114792017
Main Filing No: 111447

Filing Number: 111045/2019
Filing Date: 18-10-2019
First Hearing Date: 14th November 2019
Decision Date: 13th March 2026
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE