Mr. Prakash Bhanji Jogadia +1 moreVsSmt. Dipika Jogadia +1 more

Date: 10-02-2020
Business: Advocate Anand Dubey @ Plaintiff present
Advocate Seema Pawar for Defendant present
Court is busy in hearing final arguments in HC expedited suit no.6714/06, hence case is adjourned to 15/04/2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Business: National Lock down
Next Purpose: DIRECTIONS
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: DIRECTIONS
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: National Lock down
Next Purpose: DIRECTIONS
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-10-2020

Date: 07-10-2020
Business: Advocate Mr. Anand Dubey for plaintiff present.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 07/01/2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: Adv Mr. Anand Dubey for Plaintiff present and filed affidavit of service of writ of summons on both the Defendants. The affidavit is supported by RPAD receipts, postal acknowledgment and track report. Proper service. Defendant did not appear though serve properly hence, suit to proceed ex-parte against Defendants.
Adjd for evidence to 06.04.2021.
L.O.
Adv Mr. A.R. Singh appeared for the defendants and filed vakalatnama at Exh.3 on behalf of defendants.
Ex-parte order against defendants is passed today itself at 11.30 a.m.
Learned advocate for Defendant appeared at 12.30 p.m.
Learned advocate for Defendants filed application Exh.4 for setting aside the ex-parte order.
Order- Call say of Plaintiff on fixed date as advocate for Plaintiff already left the Court by taking next date.
Adjd. for reply of Plaintiff on Exh.4 to 06.04.2021.
Next Purpose: REPLY
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Adv Mr.Anand Dubey for plff present.
Adv Mr. Arvind Singh  h/f Adv Mr. Deepak Parekh for deft present.
Adv. for plff submitted that copy of application Exh.4 is not served on him by the deft. Adv. for the deft is ready to serve copy of said application on the advocate for the plff before next date.
By consent, matter is adjd. for reply to Exh.4 to 22.06.2021.
Next Purpose: REPLY
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: Adv Mr. Anand Dubey for plff present.
Deft No.2 present in person.
Adv. for the plff endorsed reply on application Exh.4 itself.
Heard.
Admittedly, order to proceed Ex-parte against the defendants was passed on 07.01.2021 and on the same day, this application came to be filed for setting aside the said order. Considering it, application Exh.4 is allowed and matter is adjd. for WS of defendants to 16.07.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Adv Anand Dubey for plff present.
None present for the defts.
Application Exh.4 of the defendants was allowed on 22.06.2021 and matter was posted for filing written statement of the defendants.
Defendants have not filed written statements till date.
They have not filed WS within statutory period prescribed by Order 8 Rule 1 of CPC hence, suit be proceed without WS against the defendants.
Matter is adjd. for recording evidence to 04.10.2021.
Judge
L.O.at 11.50 a.m.
Both defendants appeared at 11.50 a.m. with Adv Ms. Seema Pawar   h/f Adv Singh and filed written statement. Order to proceed without WS against the defts is already passed earlier today as defendants failed to file WS within statutory period prescribed by O-8 R-1 C.P.C. Adv. for defts submitted that defts will take appropriate steps for setting aside no WS order and for delay condonation. WS is kept on record with direction that it will be considered only if the NM, if any, taken out by the defts for delay condonation and setting aside no WS order is allowed.
Already adjd. to 04.10.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Adv Mr. Anand Dubey for plff present.
Adv Ms. Seema Pawar for defts present and filed application Exh.5 for setting aside NO WS order.
Order- Application Exh.5 is rejected as defendants are required to file Notice of Motion.
She also filed application Exh.6 for condonation of delay caused in filing written statement.
Order-Rejected as defendants are required to take out Notice of motion.
Plff No.2 present with advocate for plffs and filed affidavit in lieu of examination in chief of both the plffs at Exh.7.
O- Common affidavit in lieu of examination in chief of both the plaintiffs cannot be allowed to be filed. With liberty to the plffs to file separate affidavits in lieu of examination in chief, affidavit Exh.7 is filed as not accepted.
Plffs have filed application Exh.8 for seeking permission to produce documents.
O- Production is allowed.
Plffs have produced four documents with list Exh.9.
On request of adv. for plff, matter kept back.
L.O. at 1.00 p.m.
Adv Ms. Seema Pawar for defts present and filed draft Notice of Motion along with affidavit in support for condonation of delay caused in filing written statement. O- Leave to register is granted with direction to serve the  plff.
Matter is kept back on request of adv. for the plff.
Nobody is present for plff when draft NM is tendered by adv. for defts. kept back.
L.O.at 1.20 p.m.
Adv Mr. Anand Dubey for plff present.
Adv Ms. Seema Pawar for defts present and served copies of draft NM and supporting affidavit on the adv. for the plff.
Adv. for the plff seeks time to file reply to the said NM. O- Time granted till next date.
Adv for the plff again requested to keep back the matter by submitting that affidavits in lieu of examination in chief of both plaintiffs are prepared separately which are being got affirmed.
Un-affirmed copies of affidavits in lieu of examination in chief of both plaintiffs are served on the adv. for defts.
K.B.
L.O.at 1.40 p.m.
Adv for plff present.
Affidavit in lieu of examination in chief of PW-1 Prakash at Exh.10.
Affidavit in lieu of examination in chief of PW-2 Bhanji at Exh.11.
Matter is adjd. for NM reply and admission denial to  29.10.2021.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Adv Mr. Anand Dubey present for plff.
Adv Ms. Seema Pawar present for defts.
Both ld. Advocates mentioned the matter in the morning session.
Adv. for deft Nos.1 and 2 filed registered NM No.2380/2021 along with affidavit in support.
Adv. for plff filed reply to said NM.
By consent, matter is adjd. for NM hearing to 21.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Due to Covid-19, matter is add.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: Deft Nos.1,2 present. Adv Ms. Jaimala Vishya for deft present She seeks adjournment to argue NM No.2380/2021.
K.B. as matter is on the afternoon board.
L.O. at 12.50 p.m.
Deft Nos.1,2 present. Adv Ms. Jaimala Vishya for deft present and again mentioned the matter for seeking adjournment.
Plff No.2  present. Adv Mr.Anand Dubey for plff present and objected for granting adjournment.
Adv for the defendant Nos.1 and 2 submitted that her senior advocate is not available today hence, adjournment may be granted.
For the reason stated by the ld. Advocate for the deft Nos.1 and 2, adjournment as a last chance is granted with direction that matter will be taken up on the next date in the afternoon session only.
By consent, matter is adjd. for NM hearing to 07.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: Adv Mr. Anand Dubey present for plff.
Adv Mr. Arvind Singh present for deft.
K.B.
L.O. at 4.40 p.m.
Same appearance as above.
Heard Arguments of both sides heard in NM No.2380/2021.
K.B. for order
L.O. at 5.20 p.m.
None present for both parties.
F.R.S.R. following order is passed in NM No.2380/2021
                   ORDER
      Notice of Motion No.2380 of 2021 is allowed subject to cost of Rs.2,000/-(Rupees Two Thousand Only).
	Defendants shall either pay the amount of cost directly to the plaintiffs or shall deposit it in the court, on or before next date.
	On paying/depositing of the cost as above by the 	defendants, their written statement will be taken on record.
	In case of failure of the defendants to pay/deposit the cost, this Notice of Motion shall be deemed to have been dismissed.
                            ----
Matter is adjd. for compliance to 24.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Court on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: Adv. Anand Dubey for plaintiff present.
Adv. Arvind Singh for defendant no. 1 and 2 present
Defendant  present. Plaintiff no. 2 present.
Compliance made today by defendant
Written statement taken on record and marked as Exh.12
Matter adjd to 13/09/2022 for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Plaintiff No.2 present.
Adv.Anand Dubey for plaintiff present.
Parties have not filed draft issues.
Matter adjd to 05.11.2022 for framing of issues.
Judge
LO at 11.50 am
Defendant No.1 and 2 present.
Adv.Arvind Singh for defendant present.
Matter adjd to 05.11.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: Plaintiff and defendants present.
Adv.Anand Dubey for plaintiff present.
Adv.Seema Pawar for deft. present.
KB
LO at 05.45 pm
As Court is busy in hearing interim motion, hence, adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: Defendant No. 1 and 2 present.
Adv. Anand Dubey For plaintiff present.
Adv. Seema Pawar for defendant no. 1 and 2.
Matter adj. to 18/02/2023 for draft issues/framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: Plaintiff and defendant present.
Adv.Anand Dubey for plaintiff present.
Adv.Seema Pawar for defendant No.1 and 2 present.
KB
LO at 05.45 pm
As Court is busy in hearing of urgent ad-interim in SU No.446/23, hence, adjd to 24.03.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: Court is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-06-2023

Date: 07-06-2023
Business: Adv.  Anand Dubey a/w  plaintiff present.
Adv. Rohini Dubey for defendant present and filed adjournment application t.o.r. marked as Exh.13 - allowed.
Matter is adjd.to 21-07-2023 for draft issue.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: Court is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Court is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: Adv. Anand Dubey a/w  plaintiff no. 2  present.
Adv. Arvind Singh a/w  defendants no. 1 and 2 present.
Matter is adjourned to  10-01-2024 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: Adv. Anand Dubey a/w Plaintiff present.
None for defendant present.
Issues are framed on Exhibit-14.
Matter stands adjourned on 21.03.2024 for evidence of plaintiff in the suit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-03-2024

Date: 21-03-2024
Business: Advocate Anand Dubey alongwith plaintiffs present.
Advocate Manjula Jaiswal for defendants No.1 and 2 present and prayed for adjournment due to non availability of Advocate Arvind Singh. O - Granted as a last chance.
Matter stands adjourned on 27.06.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: Advocate Anand Dubey alongwith plaintiffs No.1 and 2 present.
Advocate Seema Pawar alongwith defendants No.1 and 2 present.
Heard Ld. Advocate for plaintiffs and defendants on admissibility documents filed alongwith suit.
Ld. Advocate for plaintiffs called upon the advocate for defendants to admit documents filed alongwith the suit. Ld. Advocate for defendants submitted before the court that defendants are not disputing documents filed by plaintiffs.
The Ld. Advocate for defendants Seema Pawar and defendants admitted documents filed by plaintiffs alongwith suit by giving endorsement on list of documents filed alongwith the suit.
The list is marked as Exhibit-15 for the identification purpose. Documents filed and having description in list Exhibit-15 are taken on record as admitted by defendants and their advocate.
Documents at list Exhibit-15 at serial No.1 to 10 are marked as Exhibit-16 to 25 respectively. Parties to take note. Matter is adjourned for evidence of plaintiffs on 01.08.2024 for evidence of plaintiffs.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-08-2024

Date: 01-08-2024
Business: Adv. Anand Dube along with plaintiff present.
Adv. Arvind Singh for defendant No.1 and 2 present.
Considering the elements of settlement matter is referred to settlement.
Matter stands adjourned on 27/09/2024 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 27-09-2024

Date: 27-09-2024
Business: Plaintiff No.2 present his Adv. absent.
None for defendant present.
Keep Back. At the end of morning session board.
Later on.
Adv. Anand Dube for plaintiff.
Adv. Arvind Singh for defendant No.1 and 2 present.
Parties submitted that settlement is not possible.
Matter adjourned for recording evidence of plaintiff.
Matter stands adjourned on 09/12/2024 for recording evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2024

Date: 09-12-2024
Business: Adv. Anand Dube along with  plaintiff No.2 present.
Adv. Seema Pawar for defendant No.1 and 2 present.
Keep Back.
Later on.
Mediation failed report received on 25/09/2024. Seen. Taken on record and marked as Exhibit-26.
Adv. Anand Dube along with  plaintiff No.2 present and filed application for withdrawal of suit. O-Other side to say. Taken on record and marked as Exhibit-27.
Adv. Seema Pawar for defendant No.1 and 2 present. Defendants have submitted that they are agree for settlement. Hence, plaintiffs are permitted to withdraw the suit. Accordingly application Exhibit-27 is allowed.
                  ORDER BELOW EXHIBIT-1
1. In view the order passed on the application at Exhibit-27, the suit No.253/2020 is disposed of as withdraw and for want of prosecution.
         2. Parties to bear their own cost.
         3. Court fees refunded to the plaintiffs as per rules.
         4. Proceeding of Suit No.253/2020 is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 09-12-2024

NOTICE OF MOTION/102380/2021

Registration Number: 100253/2020
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Registration Number: 100253/2020
Transfer Date: 01-01-2024
From Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE
To Court: 65 - COURT 65 ADDL SESSIONS JUDGE

Filing Number: 114020/2019
Filing Date: 17-12-2019
First Hearing Date: 10th February 2020
Decision Date: 09th December 2024
Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE