Mr. Tushar Manohar Pawar +1 moreVsAgile Real Estate Private Limited +4 more

Date: 24-02-2020
Business: Advocate Rupali Karad for plaintiff present.
Issue writ of summons.
Adjourned for writ of summons to 29.04.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-04-2020

Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-05-2020

Date: 20-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 30-06-2020

Date: 30-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
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: WRIT OF SUMMONS
Next Hearing Date: 26-09-2020

Date: 26-09-2020
Business: Due to heavy rain declare holiday hence matter adjd to
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: By precepee.
Adv.Sarita Zarapkar  for plaintiff present.
She filed application for extension of time to serve writ of summons on defendant. Time is granted.
Matter already adjd. to 17/12/2020
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: P.O. Is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Adv. Sarita Zaratkar for plaintiff present. She filed service affidavit alongwith
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.05 Affidavit of service of summons.
The affidavit of service of summons alongwith the RPAD postal acknowledgements show that summons has been served on defendants No.1 to 5. However, they failed to appear. Hence suit to proceed Ex-parte against defendants No. 1 to 5.
adjd to 17/08/2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: By preceipe
Adv. Omprakash vaishnav for defendant No.1 to 3 filed
draft NM @ affidavit @ vakalatnama and written statement. Leave granted to register NM. Copy be served to the other side.
Already adjd for service of NM to 17-08-2021
Next Purpose: SERVICE
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: None present for the plaintiff.
Adv Vaishnav present for the defendant nos.1 to 3.
He filed register NM No.1383/21 a/w affidavit TOR O- filed subject to verification of service.
None present for the other defendant.
LO
Adv Bhumika Tawade I/b Bagkar and Co. present for the plaintiff.
Matter is adjd to 01.09.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: None present for the plaintiff.
Adv Mr. Smeet Shah present for the defendant no.1,2 and 3
Adv Nisha Mehra a/w Adv Rashmi Dandekar present for the defendant nos.4 and 5
KB
LO
Mrs.Rasika Bagkar I/b Bagkar and Co. present for the plaintiff.
Adv for the defendant nos.4 and 5 filed NM along with affidavit in support TOR O- Leave is granted to registere. Serve plaintiff.
Adv for the defendant nos.4 and 5 filed  written statement a/w affidavit in support TOR O- Leave is granted to registere. Serve plaintiff.
ORDER
The NM No. 1383/21 is taken out by the defendant no.1 to 3 for accepting the written statement. It is submitted that the writ of summons is served on 16.03.2020. Thereafter, due to lock down the defendants could not approach their advocate and filed there written statement. The NM is submitted on 22.06.2021. NM No. 1383/21 is objected by Lrd. Adv for the plaintiff on ground that the time to file written statement is already over. There is no valid ground for filing written statement. The defendants have not specified the delay.
I have heard both Lrd. advocates. It appears that the defendants nos.1 to 3 were served at the commencement of first lock down. However, the conditions of the lock down were relaxed to great extent after December, 2020. It was possible for the defendants to submit their written statements earlier. However, for giving opportunity to the defendants nos.1 to 3 and for total adjuridication of the matter, I feel it proper to take the written statement of defendants no.1 to 3 on record. Accordingly, NM No. 1383/21 is allowed subject to payment of cost Rs.1000/- each to be paid by defendants no.1 to 3 to the plaintiff. The written statements of defendant nos.1 to 3 be taken on record after payment of the cost. NM No. 1383/21 is disposed of accordingly.
Matter is adjd to 07.09.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: Adv Anil Shirke I/b Adv Bagkar and Co. present for the plaintiff.
Adv Nisha present for the defendant nos.4 and 5
She filed two register NM 1954/21, NM 1955/21 a/w affidavit TOR  O-
Adv Smeet Shah present for the defendant nos.1, 2 and 3
KB
LO
Adv for the defendant nos.1,2 and 3 filed document a/w list of documents.
Acknowledgment of plaintiff.
Written statement of defendant no.1 to 3
Reply filed by the plaintiff on NM 1955/21. Lrd adv for the plaintiff submits that advocate on record is not present and seeks time to argue the matter.
He further seeks time to file reply to NM 1954/21. Hence matter is adjourned to 18.09.2021 with direction to plaintiff to serve the copy of reply in advance and argue both NM 1954/21 and NM 1955/21 on 18.09.2021.
Matter is adjd to 18.09.2021 for arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 18-09-2021

Date: 18-09-2021
Business: None present for the plaintiff.
Adv Ms.Rasika Bagkar present for the defendant nos.4 and 5. She filed reply on NM No.1954/21
Adv Mr.Smeet Shah present for the defendant no.1,2,3.   Arguments heard on both NM.
Matter is adjd to 27.09.2021 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Adv Mamta Magare I/b Bagkar and Co present for the plaintiff.
KB
LO
Adv Kunal Ghatkar I/b Adv Mrs. Nisha Mehra present for the respondent nos.4 And 5.
ORDER
1.Notice of Motion No.1954 of 2021 is allowed in terms of
prayer clause a.
2.Plaintiff is directed to make necessary amendments in the
plaint within limitation.
3.No order as to the costs of this Notice of Motion.
4.Notice of Motion No.1954 of 2021 stands disposed of accordingly. ORDER
1.Notice of Motion No.1955 of 2021 is allowed in terms of
prayer clause a and b subject to the payment of costs of Rs.1,000 to be paid by the defendant No.4 to the plaintiff.
2.On payment of costs of Rs.1,000 by the defendant No.4 to the plaintiff, the written statement of defendant No.4 be taken on record.
3.Notice of Motion No.1955 of 2021 stands disposed of accordingly.
Matter is adjd to 02.12.2021  for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Adv. Ms. Mamta Magre for the plaintiff present.
Adv. Sumeet Shah for defendants no.1 to 3 present.
Adv. Mr. Kunal Ghatkar for defendant No.4 present.
As per order 27/09/2021, the advocate of plaintiff received costs.
The plaintiff submitted that he has carry out amendment as per order.
Exh.9 Written statement. t.o.r.
Matter is adjd. to 28/01/2022 for service of amended copy/framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: P.O. is on Leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is adjd. to  28-03-2022 for Framing Issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: None for plaintiff.
Advocate Mr. Shah for defendant no. 1 to 3 present.
Advocate Mr Adv. Ghatkar for defendant no. 4 present.
Matter is adjd. for framing issues to 11-07-2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
Adv. Mamta Makre for Plaintiff present.
Adv. Kunal Ghatkar for defendant present.
Adjd to 26/08/2022 for framing Issues.
                                                                                      Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: As court is vacant
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: As court is vacant
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: As court is vacant
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: As court is vacant.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: Adv.Manta Mangane i/b Bagkar and Co. for plaintiff, tendered draft issues TOR marked as Exh.
Copy served to the other side.
Adv. Kunal Ghatkar present for defendant.
Matter stands adjourned for draft issues on 27-09-2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: As Court is on leave, matter adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-12-2023

Date: 16-12-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-03-2024

Date: 08-03-2024
Business: Holiday declared matter adjd to 11.03.2024
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-05-2024

Date: 03-05-2024
Business: Adv.Anurag Jadhav present for plaintiff.
None present for defendant.
Issues are framed at Exh.9.
Issues
1. Does the plaintiff prove that the defendants are in due at Amount of Rs. 1,17,120 /-
2. Does the plaintiff prove that they are entitled to charge interest, if yes at what rate
3. Does the plaintiff prove that they are entitled to charge the service tax
4. Is the plaintiff entitle for the relief sought
5. What order and decree
Plaintiff is directed to file list of witness, evidence in chief as well
as documents as per list on next date.
Matter stands adjourned for R/E on 24-07-2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-07-2024

Date: 24-07-2024
Business: Authorized person of plaintiff (Tushar Pawar)  along with Adv.  Anurag Jadhav present, tendered withdrawal pursis alongwith documents  TOR marked as Exh.10-Colly.
None present for defendant.
Considering the submission of Authorized person of plaintiff, who is identified by his counsel.  Suit No. 388/2020 stands disposed of as withdrawn.
Court fee be refunded as per rule. Proceeding is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 24-07-2024

NOTICE OF MOTION/101955/2021
NOTICE OF MOTION/101954/2021
NOTICE OF MOTION/101383/2021

Registration Number: 100388/2020
Transfer Date: 13-03-2020
From Court: 32 -
To Court: 28 - COURT 28 ADD SESSIONS JUDGE

Registration Number: 100388/2020
Transfer Date: 15-06-2021
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 15 - COURT 15  ADDL SESSIONS JUDGE

Registration Number: 100388/2020
Transfer Date: 01-01-2024
From Court: 15 - COURT 15  ADDL SESSIONS JUDGE
To Court: 84 - judge 904

Filing Number: 113366/2019
Filing Date: 03-12-2019
First Hearing Date: 24th February 2020
Decision Date: 24th July 2024
Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE