Jaideep ZaveriVsMithalal Jain +2 more

Date: 31-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv.Grishma Dalvi i/b HK Law Associates for plaintiff present.
Adv.for defendant absent.
Adv. for plaintiff filed VP marked as Exh.2
Adv. for plaintiff tender draft NM filed leave to register granted.
The plaintiff to serve NM  to the defendant.
Matter adjd to 19.04.2021 for service report.
Next Purpose: REPORT
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: Weekly Off is given to P.O. as per order of Hon\''ble P.J. at 17/04/2021 ( Assignment duties during Covid) hence, matter adjd. to 28/04/2021 for report.
Next Purpose: REPORT
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd
Next Purpose: REPORT
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: PO is on Leave.
Next Purpose: REPORT
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Business: HHJ is on Leave.
Next Purpose: REPORT
Next Hearing Date: 31-07-2021

Date: 31-07-2021
Business: PO is on Leave.
Next Purpose: REPORT
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: REPORT
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.25 pm
Defendant No.2 in person present.
       Plaintiff has not tendered registered NM. Plaintiff is directed to tender registered NM.
Matter adjd to 30.09.2021 for filing service affidavit and compliance of plaintiff to tender registered NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: None present for plaintiff.
Adv.Jarin Mukesh Doshi present and filed vakalatnama, Exh.3 for Doshi and Co. on behalf of all defendants t.o.r.
Matter adjd to 28.10.2021 for filing WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: None present for plaintiff.
Adv. Mr.Jarin Doshi i/b Doshi and Co. for defendants present.
KB
LO at 05.20 pm
None present.
Matter adjd to 23.11.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.09 pm
None present.
ORDER BELOW EXH.1
          Adv.Jarin Doshi had filed vakalatnama for Doshi and Co. on 30.09.2021 at Exh.3 for all the defendants. The defendants are not filed the written statement till today. Hence, suit to proceed without written statement of the defendants (No.1 to 3).
Matter adjd to 20.12.2021 for Plaintiffs Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: None present for plaintiff.
Adv.Mr.J.M.Doshi i/b.Doshi and Co. for defendant present.
           Plaintiff to satisfy whether plaint and documents are served on the defendant.
Matter adjd to 15.01.2022 for compliance of pltff.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 14.02.2022 for compliance by pltff.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Adv.Vinit Jain for plaintiff present. He undertakes to file vakalatnama on next date.
Adv.J.M.Doshi i/b.Doshi and Co. for all defendants present.
The defendants tendered application, Exh.4 to dismiss the suit t.o.r.
Copy of same is accepted by Adv.Vinit Jain for the plaintiff.
        The defendants wants to file notice of motion for setting aside no WS order.
Matter adjd to 02.03.2022 for reply on Exh.4, compliance by plaintiff, filing of notice of motion by deft.
Next Purpose: REPLY
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Adv. Vinit Jain present for plaintiff.
Adv. J. N. Doshi present for defendants.
Advocate for the plaintiff filed Vakalatnama. t.o.r. and marked as Exh.5.
The advocate for the plaintiff filed reply of application at Exh.4. t.o.r. and marked as Exh.6. Copy of same is furnished to the defendants.
The advocate for the plaintiff filed application Exh.7 for service of suit summons. Order- Issue fresh suit summons on the defendants.
The plaintiff tendered registered NM No.1021/2021 alongwith affidavit in support. t.o.r.  Copy is received by the defendants.
KB. L.O. at 12.10 p.m.
Adv. Vinit Jain present for plaintiff.
Adv. J. N. Doshi present for defendants.
Matter adjd to 11.04.2022 for hearing on application Exh.4/service affidavit.
Next Purpose: HEARING
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: Adv.Vinit Jain i/b.Link Legal India Law Services for plaintiff present.
Adv.Harsh Mehta i/b.Doshi and Co. for all defendants present.
The plaintiff filed affidavit of service a/w. tracking reports, acknowledgment cards and RPAD packets t.o.r. and marked as Exh.8 colly.
The plaintiff also tendered copy of writ of summons t.o.r. and marked as Exh.9.
The Ld.adv. for the defendant submits that the defendants have received copy of summons only and not the copies of plaint and annexures. The Ld.advocate for the plaintiff is ready to provide copies of plaint and annexures to the advocate for the defendant. Submission is accepted. Copies be provided today only.
Matter adjd to 09.06.2022 for steps for written statement.
                                                                                              Judge
LO at 12.15 pm,
Adv.Vinit Jain i/b.Link Legal India Law Services for plaintiff present.
The Ld.Adv.for the plaintiff submits that the advocate for defendant appeared today is not accepting the service of copies of plaint and annexures. The advocate for defendant is not before the Court right now. The advocate for the plaintiff to serve copies of plaint and annexures to the advocate for defendant by post.
Matter adjd to 09.06.2022 for steps for written statement.
                                                                                              Judge
LO at 01.55 pm,
Adv.Vinit Jain i/b.Link Legal India Law Services for plaintiff present.
Adv.Harsh Mehta i/b.Doshi and Co. for all defendants present.
The Ld.Adv.for the defendant No.1 to 3 submits that service is not properly done.
ORDER
       Read the service affidavit Exh.8 colly. The plaintiff had issued the summons by private service. It be served through Court by RPAD.
Matter adjd to 09.06.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: Adv Vinit Jain  present for plaintiff and filed affidavit of service of writ of summons at Exh.10
Adv Lalit Doshi  present for all defendant No.1 and requested to keep back the matter.
K.B.L.O. at 12.55 p.m.
None present for plff.
Adv Mr. Lalit Doshi for deft No.1 present and filed written statement of deft no.1 at Exh.11. Adv for deft No.1 is directed to serve the copy of WS to other side.
He also filed reply in  NM No.1021/2021 at Exh.12. He is directed to serve
Adv Mr. Doshi requested to keep back the matter
L.O. at 3.00 p.m.
Defendant Nos.2 and 3 are present.
Adv. Jarin Doshi for all the defendants present and seeks time for filing written statement and NM reply of defendant Nos.2 and 3 and address.
Matter adjd to 02.07.2022 for filing written statement and NM reply of defendant Nos.2 and 3 and address.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-07-2022

Date: 02-07-2022
Business: None present.
KB. LO 11.50
Ex.13.- Deft no.2 inperson present and he filed reply of deft no.2 ,3 on NM 1021/21.
Ex.14.- WS of deft no.2 and 3 filed by Deft no.2 in person.
Ex.15.- address memo of defts filed by deft no.2 in person.
Ex.16.- list of documents without documents filed by deft no.2.
Adj. For Hearing on NM 1021/21 on 27/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2022

Date: 02-07-2022
Business: None present.
KB. LO 11.50
Ex.13.- Deft no.2 inperson present and he filed reply of deft no.2 ,3 on NM 1021/21.
Ex.14.- WS of deft no.2 and 3 filed by Deft no.2 in person.
Ex.15.- address memo of defts filed by deft no.2 in person.
Ex.16.- list of documents without documents filed by deft no.2.
Adj. For Hearing on NM 1021/21 on 27/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: Adv. Vineet Jain Present for Plff.
Adv. J. M Doshi I/b Doshi and Co. Present for Deft.
Adv of deft undertake to serve copy fo reply of NM 1021/21 and WS.
Adj. For Hearing of NM 1021/21 and Ex.04 on 17/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: Adv. Sameer Mishra h/f Adv. Vineet Jain Present for Plff.
None Present for Deft.
Adv of plff seeks time for hearing on NM 1021/21. Granted.
Adj. For Hearing on NM 1021/21 and Ex.04 on 12/09/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2022

Date: 12-09-2022
Business: Adv. Veent Jain a/w Adv Smeer Mishra Present for Plff.
Adv. Harsh Metha I/b Doshi and Co. Present for Deft and seeks time for hearing on NM 1021/21. Granted.
Adj. For Hearing on NM 1021/21 and Ex.04 on 27/09/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: Adv. Venit Jain Present for Plff.
Adv. J. M. Doshi I/b Doshi and Co. Present for Deft.
Heard adv of both parties on Ex.04.
Adj. for Order on Ex.04 and hearing on NM 1021/21 on 08/10/2022.
LO 3.30.
Adv. Harsh Metha I/b Doshi and Co. Present for Deft.
Ex. 17- Adv of deft no.3 has filed rejoinder in reply to Ex.04.
Adv of deft contended that he has served copy of rejoinder on the adv of plff.
Adj. for Order on Ex.04 and hearing on NM 1021/21 on 08/10/2022.
Next Purpose: ORDER
Next Hearing Date: 08-10-2022

Date: 08-10-2022
Business: Coram: H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
None Present for Deft.
Adv. J. M. Doshi Present for Deft.
F.R.S.R. following order on Exh. 04
Application Exh. 04 stands rejected.
Adjd for hearing on NM 1021/2021 on 07/11/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2022

Date: 07-11-2022
Business: Adv. Veent Jain I/b Link legal India Law Services Present for Plff.
Adv. Bhuvan Thakkar I/b Doshi and Co Present for Deft and seeks time on the ground that adv on record can not remain present today due to personal difficulty. Adj. Granted to deft for hearing on NM 1021/21.
Heard argument adv of plff on NM 1021/21.
Adj. For Hearing by deft and Order on NM 1021/21 on 16/11/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: None Present for Plff.
Adv. J. N. Doshi i/b. Doshi and Co. present for Deft.
Ex.18- Adv of deft has filed additional affidavit of reply. Copy be served to otherside.
Heard argument adv of deft.
LO 1.45 pm.
Adv. Vinit Jain Present for Plff.
Heard reply argument adv of plff on NM 1021/21.
F.R.S.R following order is passed on NM 1021/21
                                  ORDER
Notice of Motion No.1021 of 2021 stand rejected.
                          ----------------
Case adjourned for statement of truth, admission & denial by both the parties  to 10/12/2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: Adv. Vinit Jain I/b Link Legal India Law Services Present for Plff.
None Present for Deft.
Adv of plff seeks time for filing statement of truth. Granted as a last chance.
Adjourned for Statement of truth by plff on 07/01/2023.
Next Purpose: FOR___________________
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: Adv. Vinit Jain h/f Linka Legal India Law Present for Plff.
Adv. Harsh Metha h/f Doshi and Co. Present for deft.
Statement of truth of plff is on record at page no.53 with plaint.
Adv of deft seeks time for filing statement of truth. There is no provision for stage for filing statement of truth. The statement of truth ought to have file with WS. As such to have an opportunity last chance granted to file statement of truth subject to costs of Rs.1000/- to be paid to plff.
Adv of plff contended that he has received costs of Rs.1000/- from the adv of deft.
Adj. For Statement of truth on 03/02/2023.
Next Purpose: FOR___________________
Next Hearing Date: 03-02-2023

Date: 03-02-2023
Business: None Present for Plff.
Adv. Harsh Metha I/b Doshi and Co. Present for Deft.
Exh.19 Adv of deft has filed statement of truth. Copy be served to otherside.
Adj. For Draft issues on 02/03/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: None Present for Plff.
Adv. J. M. Doshi I/b Doshi and Co Present for Deft.
Adv of deft seeks time to file draft issues. Granted.
Adj. For Draft issue on 27/03/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: None Present for Plff.
None Present for Deft.
Adj. For Draft issues on 25/04/2023.
LO 12.05 pm.
Adv. J. M. Doshi Present for Deft.
Exh.20- Adv of deft has filed draft issues.
Adj. For Draft issues by plff on 25/04/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: Adv. Parth Bhanushali h/f Adv. Vinit Jain Present for Plff.
None Present for Deft.
Adv of plff seeks time for filing draft issues. Granted as a last chance.
Adj. For Draft issues on 13/06/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: 13.06.2023
23
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm SU 71/2021
Exh. 21.
Adv. Vinit Jain h/f Link legal india law services for plaintiff present.
Adv. Jarin Doshi i/b Doshi & Co. for defendant present.
Adv. for plaintiff filed draft issues. It is marked as Exh. 21.
Adjd to 18/07/2023 for Issues.
								Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-07-2023

Date: 18-07-2023
Business: Adv. Parth Bhanushali h/f Adv. Jain for plaintiff is
present.
Adv. J.N.Doshi for defendant present.
Matter is adj for framing of issues to 18/08/2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: Adv. Parth Bhanushali h/f Adv. Vinit Jain for plaintiff is present.
Adv. Harsh Mehta I/b Doshi and Co. for deft. is present.
Ld. Adv. for Plff served copy of draft issued to the other side.
Exh.22 Issues framed.
Matter is adj for C.M.H. hearing to 18.09.2023.
Next Purpose: HEARING
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Adv. Parth Bhanushali  h/f Adv/ Vinit Jain  for plaintiff is present.
None present for def.
Matter is adj for CMH to 18/10/2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 18-10-2023

Date: 18-10-2023
Business: Adv. Vinit Jain for plff present.
None present for deft.
O- To avoid further delay the Ld adv of plff is heard on Case Management.
Case Management Hearing/ Schedule.
On or before
Business.
01/12/2023
Affidavit of evidence of witnesses of both the parties (order 18 Rule 4 (1A).
01.12.2023 to 01.02.2024
Evidence of witnesses of plff. ( Chief and Cross examination)
01.02.2024 to 31.03.2024
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days from 31.03.2024.
Final Arguments after submission of Written notes of arguments.
Matter is adj for affidavits of witnesses of both the parties to 01.12.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-12-2023

Date: 01-12-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: None for plaintiff.
Adv. Harsh Mehta i/b Doshi and Co.  for def. is present and orally prayed adjournment on the ground that, the family member of ld. adv on record, is admitted. O- Adjournment granted as last chance to the def.
Matter is adj. for R/E  to 22/01/2024.
Later on at 12.35 p.m.
Adv. Parth Bhanushali h/f Adv. Vinit Jain for plaintiff is present.
None present for def.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: None for plaintiff.
Defendant no.2 is present. His advocate is absent.
KB.. Later on at 03.20 p.m.
Adv. Jarin Doshi i/b Doshi and co. for all defts. is present.
Exh. 23 - Evidence affidavit of defendant no. 2.
Exh. 24- List of documents.
Witness DW-1 Mr. Sunil Jain is present.
Ld. adv for def. orally submitted that he will examine sole witness. He prayed for imposition of costs on the plaintiff for not filing the affidavit of evidence of the witnesses of plaintiff.
None present for plaintiff.
Matter is adj. for recording evidence to 14/02/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-02-2024

Date: 14-02-2024
Business: None present for defendant.
Adv. J.M. Doshi for def. is present.
ORDER : Matter is pending for evidence of plaintiff  since 01.12.2023. The defendant has submitted his list of witnesses and evidence affidavit on 22.01.2024.  None appears for the plaintiff since last two dates therefore, put up the matter for dismissal order.
Matter is adj. for dismissal order to 13/03/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 13-03-2024

Date: 13-03-2024
Business: None present for plaintiff.
Adv. J. M. Doshi for all defendants present.
KB.
In afternoon session
Same appearance of defendants.
Deft No. 2 present.
None for plff.
K.B. for order.
Order below Exh. 1-
The case management hearing was concluded on 18.10.2023 and schedule of proceeding was given to the parties and matter was kept on 01.12.2023 for filing of evidence affidavits of both the parties as per Order XVIII Rule (1A) of the CPC. On 01.12.2023 the PO was on leave therefore matter was kept on 19.12.2023, 22.01.2024 and 14.02.2024. None appear for the plff on the last two dates. The ld. Adv of deft. has filed evidence affidavit of DW-1 and till today the plff has not filed the evidence affidavit of his witnesses. Today also none appears for the plff hence suit is hereby dismissed in default. Proceedings are hereby closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 13-03-2024

NOTICE OF MOTION/101021/2021

Filing Number: 100064/2020
Filing Date: 02-01-2020
First Hearing Date: 31st March 2021
Decision Date: 13th March 2024
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE