Date: 20-02-2020
Business: Adv.Sneha Pokle for plaintiff present.
Adv.Rupali Vasikar i/b. Adv. Vishal Tambat for defendant present.
Advocate for plaintiff tender affidavit of service.
Advocate Vishal Tambat for defendant tender vakalatnama.
Matter adjd to 02.03.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Adv.Sneha Pokale for plaintiff present.
Adv. Vishal Tambat for defendant present.
Adv. for def. orally submitted to grant some time to file W/st.- Oral request is accepted.
Matter adjd to 9/3/2020 for W/St.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Matter put before Incharge court Court Room No. 31.
LO at 3.25.
Adv. Lalita Savekar for defendant present and tendered w/s it is marked Exh.4 along with affidavit.
Already adjd to 17.03-2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: Adv.Lalita Savekar for plaintiff present.
Adv.for defendant absent.
As per the notification by Hon\''ble High Court, no urgency. Hence matter is adjourned on next date.
Matter adjd to 16.04.2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: None present.
As per the circular issued by Hon\''ble High Court. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 03.07.2020 for Arguments for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Reason For Adjournment: court time is over
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: As Court is on leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: arties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 27/11/ 2020 for framing issue.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 16/12/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 06.01.2021 for Framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv.Sneha Pokle for plaintiff present.
None present for defendant.
Adv.of plaintiff filed application for providing copy of written statement a/w. affidavit, Exh.5 t.o.r.
O-Defendant to say.
Issues framed, Exh.6
Matter adjd to 21.01.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Plaintiff absent.
None for defendant.
Adv. Baphna filed V/N for plaintiff. t.o.r.
Matter adjd to 12-02-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv.Bafana for plaintiff present.
None present for defendant.
Matter adjd to 04.03.2021 for admission denial of documents and filing statement of truth.
LO
Adv. Mr.Vishal Tambat for defendant present.
Matter adjd to 04.03.2021 for admission denial of documents and filing statement of truth.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Adv.Shanay Bafna i/b Siddharth Bafna for plaintiff present.
Adv.Amol Wagh for defendant present.
Ld adv. seek time to filed say time is granted.
Adv. for plaintiff filed Statement of truth marked Exh.8
Matter adjd 25.03.2021 to for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Adv.Siddharth Bafna for plaintiff present.
Adv.Vishal Tambat for defendant present.
Statement of truth on behalf of defendant, Exh.9 filed by Adv. of defendant t.o.r.
With consent of Ld.Adv. of plaintiff and defendant, matter adjourned for admission and denial of documents.
Matter adjd to 19.04.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
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 30/4/2021 for admissions and denial
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 28.06.2021 for Admission Denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 13.07.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: HHJ is on leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: Adv.Siddharth Bafana for plaintiff present.
None present for defendant.
Due to rise in Covid cases, matter adjd to 13.08.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv.Siddharth Bafna i/b.Integrum Legal for plaintiff present.
Adv.Niharika Palwe for defendant present.
The plaintiff and defendants submits that on 21.08.2021 they are taking inspection of documents and thereafter they will file their admission and denials, hence, adjourned to 02.09.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: None present for plaintiff.
Adv.Niharkia Palwe h/f.Vishal Tambat for defendant present. She submits that inspection of documents is still pending. Last roznama shows that parties mutually agreed to inspect the documents on 21.08.2021. Parties to comply the inspection on or before next date.
Matter adjd to 27.09.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv.Siddharth Bafna for plaintiff present.
Adv.Vishal Tambat for defendant present.
Matter adjd to 26.10.2021 for compliance as per the last roznama.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv.Chitramgada Singh present for plaintiff.
Adv. Kajal Gupta present for defendant.
On oral request of the defendant adjd. for filing reply (the defendant to serve copy of reply in advance to the plaintiff before next date)
Matter adjd to 25.11.2021 for filing reply and hearing on CS.
Next Purpose: REPLY
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: None present for plaintiff.
Adv.Vishal Tambat for defendant present.
KB
LO at 1.20 p.m.
Adv.Siddarth Bafna for plaintiff present.
He tender admission and denial Exh.10 alongwith affidavit in support Exh.11 t.o.r.
The plaintiff to serve the copy of the same to the defendant.
Matter adjd to 13.12.2021 for admission and denial by the defendant.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: HHJ is on leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 16.02.2022 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: None present for plaintiff.
Adv.Dnyaneshwar Jaibhave i/b.Adv.Vishal Tambat for defendant present.
The Ld.Adv.for deft. submits that he has no instructions for filing admission and denial, hence, no admission and denial by the defendant.
Matter adjd to 17.03.2022 for issues and CMH.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv. Mr. Arpit Solankhi present for plaintiff.
None present for defendant.
Issued is already framed. Hence, adjourned for evidence.
Matter adjd to 06.04.2022 for R/E.
L.O. at 11.50 a.m.
Adv. Mr. Vishal Tambat for the defendant present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv.Siddharth Bafna i/b.Integrum Legal for plaintiff present.
Adv.Vishal Tambat for defendant present.
The defendant filed application for setting aside order of no admission and denial a/w. affidavit t.o.r. and marked as Exh.12 (colly.).
Copy is furnished to the otherside. Reply is filed by the plaintiff. Heard. O-In the interest of justice order dated 16.02.2022 directing the case to proceed without admission and denial of the defendant is set aside. Application Exh.12 is disposed of accordingly.
On oral request of the defendant last chance is granted for admission and denial.
Matter adjd to 08.06.2022 for admission and denial.
Judge
LO at 03.10 pm,
Adv.Vishal Tambat for defendant present. He filed admission denial t.o.r. and marked as Exh.13.
Issues are already framed on 06.01.2021.
Matter adjd to 08.06.2022 for R/E and CMH.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Adv Arpit Sonlanki present for plaintiff.
Adv Vishal Tambat present for defendant.
Adv of both parties requested for adjournment on the point of case management hearing to 22.06.2022.
Next Purpose: HEARING
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on Leave
Next Purpose: HEARING
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: None Present for Plff.
Adv. Vishal Tambor Present for Deft.
Adv of deft filed draft NM along with affidavit for rejection of plaint. -Leave granted to register NM. Service affidavit be filed.
Adj. For NM Returnable on 03/08/2022.
LO 12.15.
Adv. Siddharth Bafana Present for Plff.
Adj. For NM Returnable on 03/08/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: None Present for Plff.
Adv. Vishal Tambat Present for Deft.
Adv of deft tendered registered NM 2604/22 along with affidavit.
Adj. for Service affidavit and reply of NM 2604/22 by plff on 05/09/2022.
LO 12.00
Adv. Sidharth Bafana Present for Plff.
Ex.14 - Adv of plff filed for time to file reply. - Granted.
Adj. for Service affidavit and reply of NM 2604/22 by plff on 05/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: None present.
KB LO.
Adj. For Service affidavit of NM 2604/22 on 28/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: None Present for Plff.
Adv. Aoliba Khan h/f Adv. Vishal Tambat Present for Deft.
Adv of deft has filed photocopy of the endorsement regarding service of NM on plff and contended that he has served copy of NM 2604/22 to adv of plff on 20/07/2022.
LO 12.50.
Adv. Sidharth Bafana Present for Plff and he seeks time for filing reply on NM 2604/22. Granted as a last chance.
Adj. For Reply and hearing on NM 2604/22 on 02/11/2022.
Next Purpose: REPLY
Next Hearing Date: 02-11-2022
Date: 02-11-2022
Business: Adv. Bafana I/b M/s. Intergrum Legal Present for Plff.
Adv. Adiba Khan h/f vishal Tambat Present for Deft.
Ex.10 - Adv of plff has filed application for withdrawal of suit. Otherside has given no objection. However plff is absent. Therefore application Ex.10 be kept for verification.
Adj. For Verification of Ex.10 and Hearing on NM 2604/22 on 09/11/2022.
LO 12.15.
Adv of deft contended that she mistake to objection on Ex.10, hence she may be allowed to file reply on the same application.
Adj. For Reply on Ex.10 by deft , Verification of Ex.10 and Hearing on NM 2604/22 on 09/11/2022.
Next Purpose: REPLY
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: Adv Baffna for plaintiff is present.
Adv. Vishal Tambat for defendant is present.
Exh. 10, 11 and 12 : advocate of defendant has filed reply with affidavit on Exh. 10. Copy served to plaintiff.
Heard advocate of both sides on Exh. 10.
ORDER BELOW EXH. 10.
Advocate of plaintiff contended that as per Order 23 Rule 1(3) of CPC plaintiff be allowed to withdraw the suit with liberty to file fresh suit on the same cause of action. Advocate of defendant contended that the plaintiff in its application(Exh.10) nowhere mentioned the specific formal defect.
Considering rival submission of parties, I have gone through the application Exh.10. Plaintiff has not mentioned any specific formal defect. As per Order 23 Rule 1(3) of CPC, where the court is satisfied that a suit must fail by reason of some formal defect or that there are sufficient grounds for allowing the plaintiff to institute a fresh suit for the subject matter of a suit or part of a claim, it may on such terms as it thinks fit, grant the plaintiff permission to withdraw from such suit or such part of the claim with liberty to institute a fresh suit in respect of subject matter of such suit or such part of the claim. In the present application Exh.10 plaintiff has not specifically mentioned the formal defect and therefore it is not desirable to allow plaintiff to grant liberty to file fresh suit in the same subject matter on same cause of action. Hence, Exh.10 stands rejected.
Matter is adj for hearing on Notice of Motion No.2604 of 2022 to 3.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: Adv. Sandeep Bafana I/b M/s. Integrum Legal Present for Plff.
Adv. Vishal Tambhat Present for Deft.
Adv of plff contended that he want to file fresh pursis for withdrawing suit without asking for liberty to file fresh suit on next date.
Adj for Hearing on NM 2604/22 and Withdrawing pursis on 12/12/2022.
Next Purpose: WITHDRAWAL
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Court on leave
Next Purpose: WITHDRAWAL
Next Hearing Date: 18-01-2023
Date: 18-01-2023
Business: Court is on leave. Hence adj.to
Next Purpose: WITHDRAWAL
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Court is on leave. Hence adj.
Next Purpose: WITHDRAWAL
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: Adv. Sidharath Bafana I/b M/s. Intergrum Legal Present for Plff.
Adv. Vishal Tambat Present for Deft no. 2 B.
Exh.13- Adv of plff has filed pursis cum application for withdrawal of the suit with liberty to file fresh suit. Otherside to say.
Exh.14- adv of deft no.2 b filed reply to Exh.13. Copy served to otherside.
Heard argument both sides on Exh.13.
Adj. For Order on Exh.13 and NM 2604/22 on 17/02/2023.
Next Purpose: ORDER
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: None present for both the parties.
FRSR following order is passed.
ORDER
1. Application Exh.13 is allowed as under.
2.Plaintiff is allowed to withdraw the suit with liberty to file fresh suit subject to cost of Rs.3,000/- to be paid to defendant.
---------------------
In view of withdrawal of suit Notice of Motion No.2604 of 2022 stands disposed off.
Nature Of Disposal: DISMISSED
Disposal Date: 17-02-2023