Date: 06-03-2018
Business: Adv. Banatwala Present for the Plff.
Adv. M. A. Shah Present for the Deft. no.1 and 2.
Ld counsel for the Plff filed registered CS 79/18 alongwith affidavit . t.o.r. and sought time to service affidavit of CS upon Deft no. 3(a) to 3 (e) and sought extension of time, time extend till next date.
Ld counsel for the Deft no. 1 and 2 sought time to Reply CS 79/18. time granted.
Adj. for Reply of CS 79/18 on 10/04/2018.
Next Purpose: C/S REPLY
Next Hearing Date: 10-04-2018
Date: 10-04-2018
Business: Adv. Ravikant Kumbhare Present for the Plff.
Adv. M. A. Shah Present for the Deft.no.1 and 2.
Adv. for the Deft no.1 and 2 filed reply to CS no. 79/18. t.o.r. copy served to the Ld counsel for the Plff.
awaiting service of Deft no. 3 (a to e).
Ld counsel for the Deft no.1 and 2 field Draft NM alongwith affidavit.
Order- Heard. Leave Granted. NM be registered. Copy be served upon Plff. Service affidavit be filed.
Adj. for NM Returnable and Service affidavit on 05/07/2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-07-2018
Date: 05-07-2018
Business: Adv Mr. Girish Pawar for plff. Present.
Adv Ms. Thapa for deft. 1 and 2 present.
Adv for deft. tendered registered Notice of Motion No.1533/18 along with supporting affidavit.
Adv for deft. no. 1 and 2 supplied copy of Notice of Motion an d supporting affidavit to the ld. Adv for plff. Adv for plff. admitted that he has received the copy of the same.
Adjd. For reply on 11.09.2018.
Next Purpose: REPLY
Next Hearing Date: 11-09-2018
Date: 11-09-2018
Business: Plaintiff Present. Adv. Ravikant Thombare for Plaintiff Present and filed reply to N.M. No. 1533/18 is t.o.r. Adv. for Plaintiff submitted that, he may be allowed to serve copy of ch/s on defendant nos. 3-A and 3-C by R.P.A.D. Allowed. Adv. Mr. M.A. Shah for defendant nos. 1 and 2 Present.Adjd to 12/10/2018 for hearing on N.M 1533/18 and service of ch/su
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2018
Date: 12-10-2018
Business: Adv. Mr. Thombare for Plaintiff Present.
Adv. Mr. M.A. Shah for defendant nos. 1 and 2 Present and filed rejoinder to N.M. no. 1533/18 is t.o.r. ORDER T.O.R.
Copy of rejoinder served to Plaintiff.
Adjd to 07/12/2018 for awaiting ch/su and hearing
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-12-2018
Date: 12-10-2018
Business: Adv. Mr. Thombare for Plaintiff Present.
Adv. Mr. M.A. Shah for defendant nos. 1 and 2 Present and filed rejoinder to N.M. no. 1533/18 is t.o.r. ORDERT.O.R.
Copy of rejoinder served to Plaintiff.
Adjd to 07/12/2018 for awaiting ch/su and hearing
Next Purpose: C/S HEARING
Next Hearing Date: 07-12-2018
Date: 07-12-2018
Business: Adv. Mr. Thombare for Plaintiff Present and filed affidavit of service to show that defendant nos. 3A and 3C are served by RPAD and Produced acknowledgement receipts are t.o.r.Plaintiff filed application for substitute service to defendant no. 3(e) who resides at Texas USA is t.o.r. marked as Exh. 8.Order I find instead of publication, notice be send through embassy / Consulter.Plaintiff tendered original ch/su no. 79/18 9 is t.o.r.Adv. for Plaintiff filed surrejoinder in N.M. 1533/18 is t.o.r.Adv. Mr. Shah for defendant nos. 1 and 2 Present.Date is extended for service of ch/su.Adjd to 12/03/2019 for service and hearing on NM
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2019
Date: 12-03-2019
Business: P.O. is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2019
Date: 15-06-2019
Business: Adv. R.R Kumbhare for plff present.
Adv. M.A. Shah for deft. no. 1 and 2 present.
Time is extended for service of ch/s 79/18.
Both the parties are seeking adjournment for hearing n/m.
Adjd. to 12.07.2019 for n/m hearing and service of ch/s
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2019
Date: 12-07-2019
Business: Matter pertains to CR No.14
Adv R.R,Kumbhare for plff present.
Adv for deft no. 1 and 2 Mrs.Pushpa Thapa present.
Time is extended for service of C/S 79/18.
Both the parties are seeking adjournment.
Matter is Adjd for Service of C/S to 16/09/2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Adv for plaintiff Mr.Thumbre present.
Adv for deft Mr.Shah present.
Matter is Adjd for N/M Argument and Affidavit of Service of C/S to 06.12.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: None for the Plaintiff.
Adv for deft No.1 and 2 Ms.Pushpa Thapa present.
Matter is Adjd for Affidavit of Service of C/S to 23.01.2020.
L.O.
Adv for plaintiff Mr.R.R. Tumbar present.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: None for the Plaintiff.
Adv for deft no.1 and 2 Ms.Pushpa Thapa present.
Matter is Adjd for Affidavit of Service of C/S to 09.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Adv. Mr. Ravikant for plaintiffs present.
Adv. Ms. Thapa for defendant nos. 1 and 2 present.
K.B.
L.O.
Advocate for defendant nos. 1 and 2 requested for adjournment. O-Granted .
Matter is Adjd for N/M 1533/18, affidavit of service of CH/s on deft. no. 3 on 07.04.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2020
Date: 07-04-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2020
Date: 07-04-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-05-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-05-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-06-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-06-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-09-2020
Date: 29-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-09-2020
Date: 29-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Due to National Lockdown (Covid-19) matter2256 adjd to 07.12.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: None present.
Matter is Adjd for Affidavit of Service to 22.03.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: As P.O. is on 40 hrs Online Mediation Training for the
Judicial Officers scheduled to be held from 15th to 22nd March, 2021
Adjd to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-04-2021
Date: 22-03-2021
Business: As P.O. is on 40 hrs Online Mediation Training for the
Judicial Officers scheduled to be held from 15th to 22nd March, 2021
Adjd to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-04-2021
Date: 22-03-2021
Business: As P.O. is on 40 hrs Online Mediation Training for the
Judicial Officers scheduled to be held from 15th to 22nd March, 2021
Adjd to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 06/08/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-08-2021
Date: 23-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 06/08/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-08-2021
Date: 23-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 06/08/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: P.O.is on leave. Matter adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-08-2021
Date: 06-08-2021
Business: P.O.is on leave. Matter adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-08-2021
Date: 06-08-2021
Business: P.O.is on leave. Matter adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Plff and his adv are absent.
Adv Ms. Pushpa Thapa for deft nos. 1 and 2 present.
Matter is adjd to 21.10.2021 for hearing ch/s.
Next Purpose: C/S HEARING
Next Hearing Date: 21-10-2021
Date: 21-08-2021
Business: Plff and his adv are absent.
Adv Ms. Pushpa Thapa for deft nos. 1 and 2 present.
Matter is adjd to 21.10.2021 for hearing ch/s.
Next Purpose: C/S HEARING
Next Hearing Date: 21-10-2021
Date: 21-08-2021
Business: Plff and his adv are absent.
Adv Ms. Pushpa Thapa for deft nos. 1 and 2 present.
Matter is adjd to 21.10.2021 for hearing ch/s.
Next Purpose: C/S HEARING
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Adv.Hena Shah For plaintiff present.
Adv. Rukshin Ghiara For defendant no. 1 present.
Writ received from High Court.
On oral request of both the advocates for adjournment , Matter is adjd to. 02.12.2021 for Chamber summons hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 02-12-2021
Date: 21-10-2021
Business: Adv. Ravikant Tumbre for plaintiff present.
Adv. Pushpa for defendant present.
On oral request of advocate of plaintiff, Matter is adjd to. 06.12.2021 for Chamber Summons Service. The service report is extended.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 06-12-2021
Date: 21-10-2021
Business: Adv. Ravikant Tumbre for plaintiff present.
Adv. Pushpa for defendant present.
On oral request of advocate of plaintiff, Matter is adjd to. 06.12.2021 for Chamber Summons Service. The service report is extended.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv R. R. Khumbre for pltff present.
Adv Pushpa Thapa for deft no. 2 and 3 present.
On oral request of adv for pltff
Matter is adjd to 18/01/2022 for CS Service and NM Hearing.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 18-01-2022
Date: 06-12-2021
Business: Adv R. R. Khumbre for pltff present.
Adv Pushpa Thapa for deft no. 2 and 3 present.
On oral request of adv for pltff
Matter is adjd to 18/01/2022 for CS Service and NM Hearing.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 18-01-2022
Date: 06-12-2021
Business: Adv R. R. Khumbre for pltff present.
Adv Pushpa Thapa for deft no. 2 and 3 present.
On oral request of adv for pltff
Matter is adjd to 18/01/2022 for CS Service and NM Hearing.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: As per Office Order no. ''07of 2022 and ''103of 2022'' only Ugent matter is to be taken up for hearing therefore matter is adjd to
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 01-03-2022
Date: 18-01-2022
Business: As per Office Order no. ''07of 2022 and ''103of 2022'' only Ugent matter is to be taken up for hearing therefore matter is adjd to
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 01-03-2022
Date: 18-01-2022
Business: As per Office Order no. ''07of 2022 and ''103of 2022'' only Ugent matter is to be taken up for hearing therefore matter is adjd to
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Adv. Thumbre for pltff present.
Adv. Mehul Shah for deft nos 1 and 2 present.
Adv for pltff tendered original registered CS No. 79/18. TOR.
On oral request of adv for pltff,Matter is adjd to 13/06/2022 for CS service.
Next Purpose: SERVICE
Next Hearing Date: 13-06-2022
Date: 01-03-2022
Business: Adv. Thumbre for pltff present.
Adv. Mehul Shah for deft nos 1 and 2 present.
Adv for pltff tendered original registered CS No. 79/18. TOR.
On oral request of adv for pltff,Matter is adjd to 13/06/2022 for CS service.
Next Purpose: SERVICE
Next Hearing Date: 13-06-2022
Date: 01-03-2022
Business: Adv. Thumbre for pltff present.
Adv. Mehul Shah for deft nos 1 and 2 present.
Adv for pltff tendered original registered CS No. 79/18. TOR.
On oral request of adv for pltff,Matter is adjd to 13/06/2022 for CS service.
Next Purpose: SERVICE
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: None present for plaintiff.
Adv Pushpa Thapa I/b Adv Mehul Shah for defendant no.1 and 2 present.
Matter is kept for dismissal on 24/08/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 24-08-2022
Date: 13-06-2022
Business: None present for plaintiff.
Adv Pushpa Thapa I/b Adv Mehul Shah for defendant no.1 and 2 present.
Matter is kept for dismissal on 24/08/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 24-08-2022
Date: 13-06-2022
Business: None present for plaintiff.
Adv Pushpa Thapa I/b Adv Mehul Shah for defendant no.1 and 2 present.
Matter is kept for dismissal on 24/08/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Manoj Pandey for plaintiff is present.
He has filed V/P for plaintiff t.o.r marked as Exh.9. Seen and Filed.
Adv. Shah for defendants no. 1 and 2 is present.
The Ld. Adv.for plaintiff has filed affidavit of service effected on defendant no. 3(e). It is contended that on 22.03.2018 notice regarding CH/S was issued to defendant no.3(e) by RPAD as he is resident of United States of America. However, till date no acknowledgement regarding service of defendant no. 3(e) is filed on record by the concerned department in spite of efforts by the plaintiff. No acknowledgement in that regard is filed on record. Therefore considering deemed service of defendant no.3(e) the CH/S proceeded further. Upon perusal of record it reveals that service of writ of summons was not effected on defendant no. 3(a) to 3(e).
KB for steps.
LO at 3.55 p.m.
At this juncture the Ld. Adv.for plaintiff make a submission that now he want to serve writ of summons to defendant nos. 3(a) to 3(e). It is to be seen that defendant nos. 3(a) to 3(e) came to joint as a party to the suit in the year 2009, as per his own submission by the ld. Adv.for plaintiff. However, till date no pain taken by the plaintiff to serve writ of summons on added defendant no. 3(a) to 3(e). Almost 13 years of period has been elapsed since joining of defendant no. 3(a) to 3(e) as a party to the suit. Therefore, suit came to be dismissed against defendant no. 3(a) to 3(e) for not taking steps to issue writ of summons to them.
Matter adjd to 22.09.2022 for CH/S and NM hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 22-09-2022
Date: 24-08-2022
Business: Adv. Manoj Pandey for plaintiff is present.
He has filed V/P for plaintiff t.o.r marked as Exh.9. Seen and Filed.
Adv. Shah for defendants no. 1 and 2 is present.
The Ld. Adv.for plaintiff has filed affidavit of service effected on defendant no. 3(e). It is contended that on 22.03.2018 notice regarding CH/S was issued to defendant no.3(e) by RPAD as he is resident of United States of America. However, till date no acknowledgement regarding service of defendant no. 3(e) is filed on record by the concerned department in spite of efforts by the plaintiff. No acknowledgement in that regard is filed on record. Therefore considering deemed service of defendant no.3(e) the CH/S proceeded further. Upon perusal of record it reveals that service of writ of summons was not effected on defendant no. 3(a) to 3(e).
KB for steps.
LO at 3.55 p.m.
At this juncture the Ld. Adv.for plaintiff make a submission that now he want to serve writ of summons to defendant nos. 3(a) to 3(e). It is to be seen that defendant nos. 3(a) to 3(e) came to joint as a party to the suit in the year 2009, as per his own submission by the ld. Adv.for plaintiff. However, till date no pain taken by the plaintiff to serve writ of summons on added defendant no. 3(a) to 3(e). Almost 13 years of period has been elapsed since joining of defendant no. 3(a) to 3(e) as a party to the suit. Therefore, suit came to be dismissed against defendant no. 3(a) to 3(e) for not taking steps to issue writ of summons to them.
Matter adjd to 22.09.2022 for CH/S and NM hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 22-09-2022
Date: 22-09-2022
Business: Adv. Manoj Pandey for plaintiff is present.
Adv. Shaha for defendants no.1 and 2 is present.
Matter adjd to 12.10.2022 for NM and CH/S hearing as a last chance.
Next Purpose: C/S HEARING
Next Hearing Date: 12-10-2022
Date: 22-09-2022
Business: Adv. Manoj Pandey for plaintiff is present.
Adv. Shaha for defendants no.1 and 2 is present.
Matter adjd to 12.10.2022 for NM and CH/S hearing as a last chance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2022
Date: 22-09-2022
Business: Adv. Manoj Pandey for plaintiff is present.
Adv. Shaha for defendants no.1 and 2 is present.
Matter adjd to 12.10.2022 for NM and CH/S hearing as a last chance.
Next Purpose: C/S HEARING
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: Adv. Manoj Pandey for plaintiff is present.
Adv. Shah for defendant nos. 1 and 2 is present.
Heard both the sides.
Matter adjd to 05.11.2022 for order in CH/S and NM.
Next Purpose: ORDER
Next Hearing Date: 05-11-2022
Date: 12-10-2022
Business: Adv. Manoj Pandey for plaintiff is present.
Adv. Shah for defendant nos. 1 and 2 is present.
Heard both the sides.
Matter adjd to 05.11.2022 for order in CH/S and NM.
Next Purpose: ORDER
Next Hearing Date: 05-11-2022
Date: 12-10-2022
Business: Adv. Manoj Pandey for plaintiff is present.
Adv. Shah for defendant nos. 1 and 2 is present.
Heard both the sides.
Matter adjd to 05.11.2022 for order in CH/S and NM.
Next Purpose: ORDER
Next Hearing Date: 05-11-2022
Date: 05-11-2022
Business: Adv. Yogita Kanojiya h/f Adv. Manoj Pande for plaintiff is present.
Adv. Mehul Shah for defendant nos. 1 and 2 is present.
F.R.S.R. following order is passed on N/M No.1533/2018-
O R D E R
Notice of Motion No.1533/2018 is rejected.
Notice of Motion No.1533/23018 stands disposed off accordingly.
F.R.S.R. following order is passed on Ch/S No.79/2018-
O R D E R
Chamber Summons No.79/2018 stands allowed and made absolute in terms of prayer clause (a) subject to payment of costs of Rs.1000/- paid by the plaintiff to defendant Nos.1 and 2 within 15 days from the date of order.
Needless to say that payment of costs is condition precedent failing which orders stands automatically vacated.
Upon payment of costs amendment to be carried out within 14 days.
Plaintiff is directed to supply amended copy of plaint in court and to defendants.
Chamber Summons No.79/2018 stands disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 05-11-2022
