Pervez K. Raisi - Plff Rishal Buildcon Pvt. Ltd. - Applicant - Deft.No.2VsMythili Ganesh and Anr. -defts.

Date: 05-02-2020
Business: Advocate Ms. Tuljapurkar for Plaintiff present and filed reply to NM no.4489/18, t.o.r.
Advocate Mr. Amol Suryavanshi for Defendant no.1 present
Advocate Mr. Sachin Chaudhary for Defendant present and filed registered Notice of Motion no.4703/2019 with affidavit in support, t.o.r.
                          ORDER ON NM NO.4489/2018
This Notice of Motion is taken out by Defendant no.1 for condoning the delay of 1 year, 10 months and 15 days caused in filing Written Statement by Defendant no.1.  Defendant no.1 has filed affidavit in support of Notice of Motion contending that husband of Defendant no.1 was suffering from cancer and he expired on 25/07/2017 and he was under medical treatment therefore Defendant no.1 could not file her Written Statement within stipulated time hence delay is caused in filing Written Statement.
Plaintiff has resisted Notice of Motion by filing affidavit of reply contending that no documents about illness of husband of Defendant no.1 are filed on record.  Plaintiff has also contended that Hon\''ble Supreme Court of India in catena of Judgments has held that delay in filing Written Statement should be condoned only in exceptional cases, hence Notice of Motion is necessary to be dismissed.
Heard advocate Mr. Suryavanshi for Defendant no.1 and advocate Ms. Plaintiff.  I have given serious consideration to the arguments. Judicial note of the fact can be taken that no Indian lady will unnecessarily deposed false about death of her husband and about his serious illness like cancer hence even though documents about treatment of husband of Defendant no.1 are not  filed on record considering the fact that husband of Defendant no.1 is no more or died on the date shown in affidavit filed in support of Notice of Motion, I find that it is but-natural that Defendant no.1 would have suffered from the shock after death of her husband and according to me it is reasonable ground to condone delay caused in filing Written Statement by Defendant no.1, however the matter is delayed for about 1 and half year hence Defendant no.1 can be directed to pay some cost amount to Plaintiff and the Notice of Motion can be made absolute, subject to some cost, hence I proceed to pass following order-
                                         ORDER
Notice of Motion no.4489 of 2018 is made absolute in terms of prayer clause (a), subject to cost of  Rs.2250/- to Plaintiff.
Advocate for Defendant no.1 paid cost amount of Rs.2250/- to Plaintiff\''s advocate, hence Written Statement of Defendant no.1 is t.o.r. and marked as Exh.9.  Defendant no.1 is directed to serve copy of Written Statement upon Plaintiff.
Case is adjourned to 13/04/2020 for hearing/reply to Notice of Motion no.4703/19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: Case is adjd.to 24.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Business: Due to Covid 19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Business: P.O. is on leave, board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: Adv. Dhwani Patel for plaintiff present.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\\\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\\\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 24.03.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: The P.O. is on half day(second session) leave.  Hence board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: Ms. Neuty N. Thakkar I/b. Tushar Goradia for plaintiff present.
Adjd. to 27.07.2021 for N/M reply/rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: Adv. Dhwani Patel along with  Adv. Pinky Jogani I/b Adv. Tushar Goradia for plaintiff present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for NM reply to 07/10/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Adv. Yash Dhakad I/b Adv.Tushar Goradia For plaintiff present.
Adv. Amol Suryawanshi For defendant No. 1  present.
Adjd for NM hearing to 22/11/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: None present when called at 3.05 pm
Adjd for NM hearing to 27/01/2022
L. O at 3.15 pm
Adv. Hrishikesh Pawaskar along with Adv. Pinky Jogani h/f Adv. Tushar Goradia for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2022

Date: 22-11-2021
Business: None present when called at 3.05 pm
Adjd for NM hearing to 27/01/2022
L. O at 3.15 pm
Adv. Hrishikesh Pawaskar along with Adv. Pinky Jogani h/f Adv. Tushar Goradia for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
None present.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for notice of motion hearing to 11/03/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022

Date: 27-01-2022
Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
None present.
As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for notice of motion hearing to 11/03/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: Dt.11/03/2022
Suit 78/15
NM-4703/19
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
Adv. Pari Zaiwala I/b Tushar Goradia Jain for plaintiff present.
Adv. Manjiri Kulkarni I/b dharam and company for defendant No.2 present.
Matter is adjd for NM hearing to 09.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2022

Date: 11-03-2022
Business: Dt.11/03/2022
Suit 78/15
NM-4703/19
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
Adv. Pari Zaiwala I/b Tushar Goradia Jain for plaintiff present.
Adv. Manjiri Kulkarni I/b dharam and company for defendant No.2 present.
Matter is adjd for NM hearing to 09.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: Adv. Pari Zaiwalla for plaintiff present.
Adv. Amol Khureshi for defendant  no. 1 present.
None for defendant no. 2.
Motion is pending since long time and plaintiff has not filed reply. Hence, the plaintiff is directed to file reply in NM.
Matter is adjd.to 19-07-2022 for NM Reply by plaintiff
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-07-2022

Date: 09-06-2022
Business: Adv. Pari Zaiwalla for plaintiff present.
Adv. Amol Khureshi for defendant  no. 1 present.
None for defendant no. 2.
Motion is pending since long time and plaintiff has not filed reply. Hence, the plaintiff is directed to file reply in NM.
Matter is adjd.to 19-07-2022 for NM Reply by plaintiff
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: matter is adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: Adv.Deepali Majetia for plaintiff present and submitted that she is ready to agrue in NM No.  4703/19 without filing reply.
Adv. Jayesh Jain for defendant no. 2 present.
None for defendant  no. 1
Considering submission of Adv. Deepali Majetia, NM No.  4703/19 is kept for hearing.
Matter is adjd.to 09-11-2022 for NM hrg.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 06-01-2023

Date: 09-11-2022
Business: Adv. Paricher Zaiwalla a/w Adv. Unnati Sadh for plaintiff present.
Adv. Amol Suryavanshi for defendant no. 1  present.
None for defendant no. 2
Matter is adjd.to  06-01-2023 for Last chance for hrg in NM No.  4703/19.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 06-01-2023

Date: 06-01-2023
Business: Court is on leave.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 08-03-2023

Date: 06-01-2023
Business: Court is on leave.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 08-03-2023

Date: 08-03-2023
Business: Adv. Parichar Zaiwalla for plaintiff present.
Adv Amol Suryawanshi for defendant no. 1 present.
Adv Sachin Chaudhari for defendant no. 2 present and received copy of affidavit in reply in NM No. 4703/2019 filed by defendant no. 1.
Matter is adjd.to 21-04-2023 for NM hearing
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 21-04-2023

Date: 08-03-2023
Business: Adv. Parichar Zaiwalla for plaintiff present.
Adv Amol Suryawanshi for defendant no. 1 present.
Adv Sachin Chaudhari for defendant no. 2 present and received copy of affidavit in reply in NM No. 4703/2019 filed by defendant no. 1.
Matter is adjd.to 21-04-2023 for NM hearing
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 21-04-2023

Date: 21-04-2023
Business: Adv. Parichar Zaiwalla for plaintiff present.
Adv Suresh Jadhav h/f Adv. Amol Suryawanshi for defendant no. 1 present.
None for defendant no.   2
Matter is adjd.to 26-07-2023 for NM hearing as a last chance.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: None for plaintiff present.
Adv.  Amol Suryavanshi for defendant no. 1 present.
None for defendant no. 2 present.
Notice of motion is taken out by defendant no. 2. Today notice of motion is kept for hearing, but none present for defendant. Hence matter adjourned for dismissal on n/m no. 4703 of 2019 to 21/09/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 21-09-2023

Date: 26-07-2023
Business: None for plaintiff present.
Adv.  Amol Suryavanshi for defendant no. 1 present.
None for defendant no. 2 present.
Notice of motion is taken out by defendant no. 2. Today notice of motion is kept for hearing, but none present for defendant. Hence matter adjourned for dismissal on n/m no. 4703 of 2019 to 21/09/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 21-09-2023

Date: 21-09-2023
Business: P.O. is on leave. matter adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 14-12-2023

Date: 21-09-2023
Business: P.O. is on leave. matter adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: None For plaintiff present.
Adv. Amol Suryavanshi For defendant no. 1 present.
None for defendant no. 2 present.
The Notice of motion taken out by defendant but since long neither defendant nor his advocate present and shown interest to proceed with Notice of motion, hence Notice of motion kept for dismissal then also defendant absent. Hence Notice of motion no. 4703 of 2019 is dismissed for want of prosecution. Notice of motion no. 4703 of 2019 is disposed off.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 14-12-2023

Main Case No: SUIT/0100078/2015
Main Cnr: MHCC010123602014
Main Filing No: 111447

Registration Number: 104703/2019
Transfer Date: 27-11-2020
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 4 - COURT 04 ADDL SESSIONS JUDGE

Registration Number: 104703/2019
Transfer Date: 01-03-2022
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 66 - COURT 66 ADDL SESSIONS JUDGE

Filing Number: 113658/2019
Filing Date: 09-12-2019
First Hearing Date: 05th February 2020
Decision Date: 14th December 2023
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE