Date: 31-01-2020
Business: Advocate Mr. Deepak Agnihotri for Plaintiff present and sought time for service of writ of summons.
None present for Defendant.
Case is adjourned to 16/04/2020 for filing affidavit of service of writ of summons.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Business: Due to Covid 19
Next Purpose: COMPLIANCE
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Adv.Deepak Agnihotri with Adv.Ms.Seema Gajakosh for plaintiff present and he filed affidavit of service of writ of summons. T.O.R.
Affidavit shows that writ of summons is served upon defendants on 4th February2020 and 10th September 2020. It seems that due to Corona pandemic defendants have not appeared and if they will not appear on next date plaintiff may seek for further order.
Matter is adjourned to 18/02/2021 for appearance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv Mr. Agnihotri for plff present and seeks time to submit on record the writ of summons.
Adv Mr. N.V. Sawant for deft No. 2 present and waived service of writ of summons on deft No.2. He filed V.P. at Exh.2 on behalf of deft No.2.
By consent, the time for computation of WS by deft NO.2 would start from today.
Matter is adjd. for filing original writ of summons in respect of deft No.1 and for filing WS by deft No.2 to 11.03.2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv Mr. Deepak Agnihotri for plff present and filed original writ of summons at Exh.3 to show that deft No.1 properly serve. There is endorsement of one Mrs. R.B.Kamble dt.26.02.2020 on the Writ of Summons which shows that deft No.1 is properly served. Despite proper service deft No.1 failed to appear hence, suit to proceed ex-parte against deft No.1.
Adv Mr. N.V. Sawant for deft present and filed written statement at Exh.4 of deft No.2. O- R & R.
Adjd. for draft issues to 05.05.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Adv Mr. Deepak Agnihotri for plff present and filed draft issues.
Adv Mr. M.V. Sawant for deft No.2 present and seeks time for filing draft issues.
By consent, matter is adjd. for filing draft issues by defts to 28.10.2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Adv Ms. Seema present for plff.
Adv Mr.N.V. Sawant present for deft.No.2 and filed draft issues.
Adv. for the plff has already filed draft issues.
Court is busy in other matters hence, matter is adjd. for framing issues to 15.12.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv Mr. Agnihotri present for plff.
None present for deft.
K.B. for framing issues,
L.O.
Court is busy in recording evidence in SU No.4995/2007, Suit No.9090/1994 and SU No.600/2013 hence, for want of time, this matter is adjd. for framing of issues.
Matter is adjd. for framing of issues to 16.02.2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv Mr. Deepka Agnihotri for plff. present.
None present for deft No.1
Adv Mr. Sawant present for deft.No.2.
Issues (S) framed.
Matter is adjd. for evidence to 19.04.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv Mr. Deepak Agnihotri present for plff.
Adv Mr. Sawant present for deft.No.2.
Adv for plff filed list of witnesses on behalf of plff at Exh.6
He also filed affidavit in lieu of examination in chief of PW-1 Padma Nair at Exh.7.
He also filed 14 documents with list Exh.8.
He also filed notice to admit documents at Exh.9.
Copies given to the adv for deft No.2.
As PW-1 is not present today, matter is adjd. for verification of affidavit and reply of deft No.2 about admission denial of documents to 23.06.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Adv.Pooja Doshi h/f.Adv.Deepak Agnihotri for plaintiff present.
Adv.N.V. Sawant for defendant No.2 present.
Witness present.
KB
LO at 12.45 pm
Adv.Deepak Agnihotri for plaintiff present.
Adv.N.V. Sawant for defendant No.2 present.
Adv. of plaintiff filed corrected list of document t.o.r. and marked as Exh.8A.
Adv. of defendant No.2 filed handwritten say on Exh.8A.
PW-1, Padma Gopinathan Nair resumed on S.A.
Affidavit of examination in chief is read and recorded.
Matter adjd to 15.11.2022 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Pooja Joshi for plaintiff present.
Adv. Mr. Sawant for defendant No.2 present.
Matter adjd to 24.01.2022 for Admission and denial.
Judge
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: Adv. Mr. Deepak Agnihotri for plaintiff present.
Adv Mr. M.V. Sawant for deft no. 2 present.
Defendant no.2 is present.
heard ld adv for plaintiff and ld adv for defendant no.2.
Matter adj. to 03-03-2023 for order and cross examination.
Next Purpose: ORDER
Next Hearing Date: 03-03-2023
Date: 03-03-2023
Business: HHJ is on leave.
Next Purpose: ORDER
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: Adv. Pooja Doshi h/f Adv. Deepak for plaintiff present.
None for defendant
Matter is adjd.to 10-08-2023 for fresh hrg on exhibiting the documents and cross examination.
Next Purpose: HEARING
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: Adv. Deepak Agnihotri for plaintiff present.
None for defendant
Matter is adjd.to 30-08-2023 for Hrg.
Next Purpose: HEARING
Next Hearing Date: 30-08-2023
Date: 30-08-2023
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: Adv. Pooja Joshi for plaintiff present.
None for defendant.
Heard the Ld. Counsel for plaintiff on admissibility of documents enlisted in Exh. 8 and 8A. According to her the document are admissible in evidence and hence, the documents are liable to exhibited. None appear for the defendant to make submission in this regard. It appears that the Ld. Counsel for defendant no. 2 vide say given on the document Exh. 8A admitted the document at serial no. 3 and 4 from the list Exh. 8A and the documents at serial no. 7,9 and 13 from list Exh. 8. From the perusal of the record, it appears that at serial no. 1 and 2 from the list Exh. 8A. It is apparent that the same are the letter correspondence between the defendant no. 1 and the plaintiff which were made under registered post acknowledgment due/speed post and the plaintiff adduce oral evidence in that regard. The defendants no. 2 admitted the documents at serial no. 3 and 4 from the said list document at Exh. 8A. Hence, the document at serila no. 1 to 4 from the said list of document Exh. 8A being proved are marked as Exh.10,11, 12 and Exh. 13 respectively. From the perusal of the document at serial no. 1 and 2 from the list Exh. 8, it is seen that they are certified copies of the police statement of the defendant Suvarna and one Smt. Sweta Sadanand Shetti recorded by a police inspector Crime Detection Branch, Ghatkopar - Mumbai on 18-06-2015 and 22-06-2015 respectively. In view of the provision of section 162 of the Code of the Criminal Procedure the police statements are inadmissible evidence except its use for contradicting the its maker. The said certified copies of the police statement therefore cannot be admitted in evidence. The other document at serial no. 3 to 9 and 10 to the extent of the notice dtd. 13-11-2019 sent by speed post along with the postal receipt execpt Computer print out , 13 and 14 being the postal correspondence between the parties and the same being produced along with the list of documents filed at the time of presentation of the suit and the plaintiff having adduce oral evidence in that regard the same are marked in the evidence and marked as Exh.14 to Exh. 23 respectively. The documents serial no. 10 to 12 which are the Computer printouts without any certificate contemplated u/s 65 B of Evidence Act. The same cannot be admitted in evidence. The plaintiff has to take appropriate steps for admitting those documents in evidence.
Matter is adjd.to 24-11-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2023
Date: 24-11-2023
Business: Adv. Pooja Doshi for plaintiff present.
None for defendant.
On the request of the the Ld. Counsel for plaintiff, matter is adjourned to 04.01.2024 for further evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-01-2024
Date: 04-01-2024
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Adv. Pooja Joshi for plaintiff present and would make submission that the plaintiff expired in the month of December 2023. Hence, the matter stands adjourned for steps.
None for defendant
Matter is adjourned to 19-03-2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: Adv. Pooja Joshi for plaintiff present.
None for defendant
the Ld. Counsel for plaintiff/ applicant namely Geeta Gopinathan Nair moved an application for withdrawal of the suit/abatement of the suit. It is taken on record and marked as Exh. 24 she also filed filed vakalatnma for applicant Geeta t.o.r. marked as Exh.25 It is stated in the application that the sole plaintiff Smt. Padma Gopinathan Nair passed away on 03rd December, 2023. Copy of death certificate vide annexture A is annexed to the application. It is further stated that the applicant Geeta Gopinathan Nair is the daughter of deceased sole plaintiff Padma and she doesnt want to prosecute the suit against the defendants. From the perusal of the plaint averment, it appears that the suit is for recovery of damages on account of alleged defamation, loss of reputation, harassment ,etc, which are the personal rights of the plaintiff and after the death of the sole plaintiff the right to sue doesnt survive. Hence, the suit will abate on the death of the sole plaintiff. The applicant Geeta Gopinathan Nair who claimed to be the daughter of the deceased sole plaintiff, since doesnt want to prosecute against the defendant, the suit will stand abated. The application Exh. 24 accordingly is allowed and the suit disposed of as abated.
Nature Of Disposal: ABATED
Disposal Date: 19-03-2024
