Mr. Radheshyam S/o. Ramlal DhanukaVsMr. Alok Jajodia +1 more

Date: 21-11-2019
Business: Court is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Advocate Abhinav Mishra for Plaintiff present and filed registered Notice of Motion no.4274/2019 with affidavit in support, t.o.r.
Advocate Vrishali Raje for Defendant present and filed reply to Notice of Motion no.4274/19, t.o.r.
Court is busy dictating Judgment in suit no.8136/86, hence case is adjourned to 15/01/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2020

Date: 15-01-2020
Business: Advocate Mr. Ravindra Singh for Plaintiff present and sought time to file rejoinder to NM reply filed by Defendant and hearing of Notice of Motion.
Advocate Ms. Swati Sawant for Defendant submitted that one month before NM reply was served upon Plaintiff\\\''s advocate and it was expected that Plaintiff should be ready with rejoinder, if any hence adjmt should not be granted.
I have given serious consideration to the submissions. This is the suit pending for 12 years.  Plaintiff has examined 5 witnesses and thereafter has taken out Notice of Motion.  It seems that Plaintiff is intending to delay the matter it can not be permitted.  It is made clear that, if on next date, Plaintiff will not argue NM court will be compelled to dispose it of.
Case is adjourned to 03/02/2020 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Advocate Mr. Shrivastava for Plaintiff present and filed rejoinder to affidavit of reply in NM no.4274/19, t.o.r. and sought time for arguments.
Advocate Ms. Swati Sawant for Defendants present
it is made clear that, if on next date, Plaintiff will avoid hearing of Notice of Motion no.4274/19 court will be compelled to decide said Notice of Motion by hearing Defendant\''s advocate.
Case is adjourned to 17/02/2020 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Advocate Ravindra Singh for Plaintiff present and filed draft Chamber Summons with affidavit in support of Chamber Summons for allowing Plaintiff to file additional affidavit in lieu of examination in chief and for amendment in para no.4 of additional affidavit in lieu of examination in chief which already filed by Plaintiff on 19/01/2016. As provided by Order 6 Rule 17 of CPC the provisions are made only for amendment in the pleadings and not in the amendment in affidavits, hence leave can not be granted to register Chamber Summons.
Advocate Swati Sawant for Defendant present
Heard Defendant\''s advocate in respect of NM no.4274/19. She has pointed out that Notice of Motion no.1295/16 was filed by Plaintiff for exhibiting the affidavit of Mr. Suraj Ramesh Parmar however said prayer is rejected by my learned predecessor by disposing of NM no.1295/16 hence again same prayer can not be allowed by this Court. Defendant\''s adv. has pointed out that in para no.4 of order dated 28/03/2016 my learned predecessor has observed that,
the document i.e. affidavit of Mr. Suraj Parmar is not pleaded by the Plaintiff. Further Plaintiff is not author of said document and there are no avernments made in the affidavit or in additional affidavit making out case u/s 32 of Indian Evidence Act. As to whether executor of this document is available or not and this document is required to be exhibited in the absence of the executor.  There are no avernments about the execution of said document or identification of the signature therefore at this stage the document can not be said to be proved by the Plaintiff through his own evidence, therefore it can not be marked as exhibited.
Thus, in view of order passed in Notice of Motion no.1295/16, according to Defendant\''s advocate, affidavit of Mr. Suraj Ramesh Parmar can not be exhibited and Notice of Motion is necessary to be dismissed.
Advocate for Plaintiff submitted that on next date, Plaintiff will argue the NM.
Case is adjourned to 28/02/2020 for NM order. It is made clear that, if on next date, till starting the dictation of the order, Plaintiff will not argue the Notice of Motion, no further opportunity will be given to Plaintiff to argue NM.
Next Purpose: NM  ORDERS
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Advocate Ms. Ravindra Singh for Plaintiff present and filed written notes of arguments in respect of NM t.o.r.   Copy served upon advocate for Defendants.
Advocate Vrushali Raje for Defendants present.
Case is adjourned to 12/03/2020 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Advocate Ms. Pooja Narvekar for Plaintiff present and filed an application for adjmt by submitting that Plaintiff has challenged order passed by this Court on Chamber Summons before Hon\''ble High Court hence matter may be adjourned t.o.r.
Advocate Ms. Raje for Defendant present
Hence, case is adjourned to 24/03/2020 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Next Purpose: NM  ORDERS
Next Hearing Date: 03-04-2020

Date: 24-03-2020
Next Purpose: NM  ORDERS
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: National Lock down
Next Purpose: NM  ORDERS
Next Hearing Date: 28-05-2020

Date: 17-04-2020
Business: National Lock down
Next Purpose: NM  ORDERS
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM  ORDERS
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Business: Roznama dated 28/02/2020 shows that plaintiffs advocate has filled written notes of arguments. however defendant\''s advocate has not clarified that whether defendant is intending to reply  those written notes of arguments. hence adjourned for defendants argument as a reply to the written notes of arguments filled by plaintiff it is made clear that if on next date defendant will not argue for reply to written notes of arguments of plaintiff, court will proceed to pass necessary order.
Hence matter is adj to 28/10/2020 .

                                                          Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 30/01/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2021

Date: 30-01-2021
Business: Adv Ms. Narvekar h/f Adv Mr. Sarogi for plff present.
None present for deft.
Roznama shows that NM No.4274/19 was argued before the previous Ld. Presidign Officer of teh Court. Parties to re-argue said NM .
As nobody present for deft, considering present pandemic condition, matter is adjd .for NM hearing to 23.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: Adv Mr. Ravindra Singh for plff present.
Adv Ms. Swati Sawant for deft present.
K.B. for argument.
L.O.
Arguments of both the sides heard.
Matter is adjd. for order to 01.03.2021.
Next Purpose: ORDER
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Adv Ms. Pandey for plff present.
None present for deft.
As Court is busy in hearing arguments in other matters  hence for want of time, this matter is adjd. for NM order to 11.03.2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Adv Ms. Sana Khan h/f Adv Mr. Sarogi for plff present.
Adv Ms. Siddique h/f Adv Ms. Vrishali Raje for deft present.
F.R.S.R. following order is passed in N.M. No.4274/2019
                       ORDER
Notice of Motion No.4274 of 2019 is dismissed.
Costs in the main cause.
                  -----
Matter is adjd for evidence p/h to 21.04.2021.
Nature Of Disposal: DISMISSED
Disposal Date: 11-03-2021

Main Case No: SUIT/0103164/2008
Main Cnr: MHCC010089562007
Main Filing No: 111447

Filing Number: 112460/2019
Filing Date: 16-11-2019
First Hearing Date: 21st November 2019
Decision Date: 11th March 2021
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE