Tushar Fabrics Pvt LtdVsAbdul Sammad

Date: 20-02-2020
Business: Adv.for plaintiff absent.
Adv.for defendant absent.
failed to take steps. Hence, suit is keep for order on next date.
Matter adjd to 28.02.2020 for order.
Judge
LO at 12.40p.m.
Advocate for plaintiff tender application for taken on board.
Adv. Hetesh Soni for plaintiff present.
Advocate for plaintiff tender draft notice of motion @ affidavit - Leave is granted to register notice of motion.
Plaintiff is directed to serve the copy of notice of motion to the defendant.
Matter adjd to 28.02.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Adv. Hitesh Soni for plaintiff present.
None for defendant.
Adv. for plaintiff tender register n/m no.811/2020.
Plaintiff is directed to serve n/m to the defendant.
Adv. for plaintiff tender application for issuance of summons-Allowed.
Matter adjd to 17.03.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: None present.
As per the notification by Hon\''ble High Court, no urgency. Hence matter is adjourned on next date.
Matter adjd to 09.04.2020 for hearing on notice of motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2020

Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2020

Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Business: As Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2020

Date: 07-11-2020
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    24/11/ 2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2020

Date: 24-11-2020
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   17/12/ 2020 for  N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 12.01.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: Adv.Mr.Hitesh Soni for plaintiff present.
None present for defendant.
Adv. of plaintiff seeks time for hearing. Time granted.
Matter adjd to 25.01.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: None present for plaintiff.
Adv.Rachita Padwal h/f.Adv.Jaideep Singh present and filed vakalatnama , Exh.3 on behalf of defendant t.o.r..
Matter adjd to 18.02.2021 for NM hearing.
LO
Adv.Hitesh Soni for plaintiff present.
Matter adjd to 18.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: None present for plaintiff.
Adv.Hisham Eslam for defendant present.
KB
LO
Adv.Hisham Eslam for defendant present.
Matter adjd to 10.03.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: None present for plaintiff.
Adv.Hisham Eslam for defendant present.
Adv. of defendant tendered written statement t.o.r.
O-Plaintiff to say.
KB
LO
Adv.Hisham Eslam for defendant present.
Matter adjd to 20.03.2021 for say.
Next Purpose: REPLY
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: None present for plaintiff.
Adv.Hisham Eslam for defendant present.
Adv. of defendant filed reply to notice of motion No.811/2020 t.o.r. O-filed.
Matter adjd to 16.04.2021 for steps by defendant.
LO
Adv.Hitesh Soni for plaintiff present.
Adv.Hisham Eslam for defendant present.
Matter adjd to 16.04.2021 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions  Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 22.4.2021
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 28.04.2021 for NM argument.
Next Purpose: NM  ARGUMENTS
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: NM  ARGUMENTS
Next Hearing Date: 19-06-2021

Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 13.07.2021 for NM arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: HHJ is on Leave.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: None present.
Matter adjd on 07.08.2021 for  NM arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 07-08-2021

Date: 07-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO
Same appearance.
Matter adjd to 10.08.2021 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.53 pm
None present.
Matter adjd to 17.09.2021 for NM arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.52 pm
None present.
KB
LO at 03.12 pm
Adv.Hitesh Soni i/b.M/s. Mithilesh Soni and Associates for plaintiff present.
The plaintiff submits that settlement talks are going on between the parties. Hence, the case is suitable to refer to mediation. Accordingly it is referred for mediation.
Matter adjd to 05.10.2021 for mediation report/settlement.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 3.10 p.m.
None present.
Matter adjd to 27.10.2021 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Adv. Hitesh Soni a/w Vaishali H. i/b M/s. Hitesh Soni and Associates present for plaintiff.
None present for defendant.
The plaintiff tendered notaries consent terms Exh.04. The defendant is absent. Heard the plaintiffs authorized representative Mr. Mahesh Khetani. He accept the terms of consent terms. The defendant are absent to make any submissions in respect of consent terms.
Hence, adjd to 08.12.2021 for recording of consent terms.
Next Purpose: CONSENT TERM
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.30 pm,
None present.
KB
LO at 05.15 pm,
None present.
Matter adjd to 22.12.2021 for consent terms.
Next Purpose: CONSENT TERM
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Adv.  Hitesh Soni  along with Constituted Attorney of the plaintiff namely Mahesh Khetani  for plaintiff present
Adv. Ruchika Padwal h/f Adv. Hisham Eslam alongwith defendant Abdul Sammad present.
Both sides have filed consent terms Exh. 4 on record on 27-10-2021. Constituted Attorney of the plaintiff namely Mahesh Khetani and defendant Abdul Sammad admitted their signatures on consent term Exh. 4 and stated that contents therein are correct. Both sides are represented by Advocates and they are voluntarily compromised the matter.
 Hence, I pass the following order -
Order
1. The Commercial Suit No. 48/2020  is decreed in terms of consent terms Exh. 4.
2. Parties shall bear their own costs.
3. Court fees shall be refunded to the plaintiff as per rules and refund certificate shall be issued accordingly.
4. Consent terms Exh. 4 shall form part and parcel of the decree.
5. Decree be drawn up accordingly.
6. NM No. 811/20 is disposed off having become infructuous due to disposal of the main matter.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 22-12-2021

NOTICE OF MOTION/100811/2020

Filing Number: 114302/2019
Filing Date: 21-12-2019
First Hearing Date: 20th February 2020
Decision Date: 22nd December 2021
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE