Date: 04-02-2019
Business: Adv. Kritika Kothari for for Plaintiff present.
She tendered original NM 160/19 t.o.r.
Adv. Indrajeet Kulkarni for Defendant no.3 present.
Plff. filed affidavit of service t.o.r.
Adj for NM reply to 26.03.2019.
Next Purpose: REPLY
Next Hearing Date: 26-03-2019
Date: 26-03-2019
Business: Adv. Kritika Kothari for Plaintiff present.
Deft no.3 present. Adv absent.
Adj for NM reply to 12.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2019
Date: 12-06-2019
Business: Adv. Kritika Kothari for Plaintiff present.
Deft and Adv absent.
On perusal of affidavit of service, it seems that notice has been served upon defendant nos.2 and 3 but as relating to defendant no.1 registered envelope returned with endorsement that said person has died. Therefore, Plaintiff to take necessary steps in that regard.
Adj for steps and reply of defendant no.3 to 05.07.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-07-2019
Date: 05-07-2019
Business: Adv. Kritika Kothari for Plaintiff present.
Deft no.3 is present. Adv absent.
Defendant no.2 failed to appear despite service of notice. Therefore, NM is to proceed ex parte against defendant no.2.
Defendant no.3 sought time to file reply.
Time is granted.
Plaintiff to take steps in regard to defendant no.1.
Adj for steps and reply of defendant no.3 to 05.08.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: Defendant No. 3 is present.
Adv. Kirtika Kothari for Plaintiff present.
Adv. for defendant No. 3 absent.
Time is granted as last chance to defendant No. 3 to file reply to NM.
Adjd. To 09/09/2019 for reply to Notice of motion and plaintiff for taking steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Adv. Kritika Kothari for plaintiff present.
Defendant no 3 present.
Adv. for plaintiff filed Affidavit of service tor
Defendant no 3 sought last chance to file reply.
Matter is adj to 16.10.2019 for reply.
Next Purpose: REPLY
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Adv. Kritika kothari for plaintiff present.
Adv. Indrajeet for defendant no 3 present.
Adv. for defendant no 3 filed reply on NM 160/19.
Heard respective counsel for parties.
Matter is posted for order to 17.10.2019.
Next Purpose: ORDER
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Adv. Kritika Kothari for plaintiff present.
None present for defendant.
KB
LO
FRSR, following order is passed below notice of motion No.160/2019
ORDER
1.Notice of Motion No.160 of 2019 is allowed and made absolute in terms of prayer clauses (a) and (b) subject to deposit of costs of Rs.1000/- in DLSA, Mumbai within period of three weeks from the date of this order.
2.After deposit of costs by the plaintiff, suit No.7470 of 2005 be restored on the file of this Court at its original number and it has to proceed from original stage.
3.Accordingly, notice of motion is disposed off.
Adjd. to 16.11.2019 for direction.
Nature Of Disposal: ALLOWED
Disposal Date: 17-10-2019
