Date: 22-02-2019
Business: Pltff present. Adv. for pltff absent.
Issue writ of summons.
Adv. Sanjay Prabhala for deft. present.
Matter adjd to 12.4.2019 for writ of summons.
L.O.
Adv. D\''silva for pltff present.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-04-2019
Date: 12-04-2019
Business: Adv. Mr. Disilva for Plaintiff present.
Adv. Mr. Ruturaj Joshi for Defendant present.
Matter is adjd.for writ of summons on 03.05.2019.
LO
Adv. Ms. Nikita Abhyankar for deft present.
Exh.1- Plaint.
Exh.2- Vakalatnama.
Exh.3- Address Memo.
Exh.4- List of documents.
Exh.5 -V/P filed by deft.
Draft M.A tendered by deft.
O- leave is granted.
copy of M.A. Served to plff.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-05-2019
Date: 03-05-2019
Business: Adv.D\''silva for Plaintiff present.
Adv. Mr. Rahul Gaikwad for Defendant present.
Mr. Dilip Mohite for plff. present.
Exh.6- Reply on Exh.5 filed by plff.
Heard argument of both side on Exh.5
F.R.S.R. following order is passed.
ORDER
1. Application is allowed, no order of cost.
2. Present suit is stayed, till application of moratorium period i.e. 10.06.2010, next date of hearing on 03.07.2019 is fixed at consent both side.
Matter is adjd.for suit is stayed in view of order below
Exh.5 on 03.07.2019.
Next Purpose: SUIT STAYED
Next Hearing Date: 03-07-2019
Date: 03-07-2019
Next Purpose: SUIT STAYED
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Adv. for plaintiff absent.
None for defendant present.
Mr. Diliprao Mohite, plff is present, prayed for adjd as his lawyer is not available.
On request of plff. matter is adjd on 24.10.2019.
Matter is adjd. for Suit stayed on 24.10.2019.
Next Purpose: SUIT STAYED
Next Hearing Date: 24-10-2019
Date: 24-10-2019
Business: Adv. Mr. Dsilva for plaintiff, requested to note in view of order below Exh.5 on 03.05.2019, present matter was stayed by this court till 10.06.2019. Perused order, order of stay grated by this court stands vacated. Hence, there is no stay.
None for defendant present.
Mr. Diliprao Mohite, plff is present.
Deft is at liberty to file W.S.
Matter is adjd. for W.S. on 08.11.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-11-2019
Date: 08-11-2019
Business: Adv. Mr. Jadhav for plaintiff present.
None for defendant present, Hence, adjd.
Matter is adjd. for W.S. on 24.01.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Advocate Dsilva for plaintiff is present and filed service affidavit at Exh. 07
None present for defendant.
The defendant is appeared through his advocate but he failed to file W.S. Therefore, this suit is proceed without W.S. of defendant.
Adjourned for evidence to 07.03.2020.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Plaintiff in-person present.
As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
Matter adjd for recording evidence on 04/05/2020 at 11.00 am
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-05-2020
Date: 04-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-05-2020
Date: 26-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-06-2020
Date: 11-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2020
Date: 25-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Plaintiff present. Advocate Mr. J. M. D\''Silva for the plff present.
None present for the deft.
Today matter is for evidence.
Perused roznama/noting dated 24.01.2020. On that day suit is proceeded without W/S of deft.
Exh.8 Advocate for plff tendered evidence affidavit of PW-1 Diliprao Dattatray Mohite. t.o.r. O-R and R.
Exh. 9 He also filed list of documents with documents. t.o.r. O-Seen. Deft to file say regarding admission and denial of documents only on law point as the suit is proceeded without W/S.
The Ld advocate for the plff submits that he will serve copy of evidence affidavit with documents to the deft.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for say of deft regarding admission and denial of documents only on law point on 11.03.2021.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Plaintiff present and stated that his advocate is coming.
Later on at 2.45 pm
Adv. D\''silva for plaintiff present.
Plaintiff is present.
Exh- 10 Newspaper employment advertisement.
Exh- 11 Employment letter
Exh- 12 Confirmation letter.
Exh- 13 Certificate u/s 65 B
Exh-14 Notice dt. 27.03.2017
Exh- 15 Letter dt. 13.04.2017
Exh- 16 Certified copy of order dt. 21.04.2017
Exh- 17 Certified copy of order dt. 07.08.2017
Exh- 18 Certified copy of order dt. 12.03.2018
Exh- 19 Certified copy of order dt. 12.11.2018
Matter adjd for recording evidence on 28/06/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: Adv J.M. D\''silva for plff present.
None for defendant.
Adv for plff filed affidavit of service of examination t.o.r.
Matter adjd to Cross Examination of plff. on 15.07.2021.
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: Due to COVID-19 mater adj. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: Plaintiff is present.
None present for Defendant.
On oral request of plaintiff matter is adjourned.
Matter adj. for R/E to 21/08/2021
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Board is discharged. Matter adj. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Plaintiff with Adv. Mr. J. M. D\''silva present and filed Written
Exh. 21 Arguments alongwith Affidavit of Plaintiff.
Suit is proceeded Ex-parte against Defendant.
Matter adj. to 20/09/2021 for Ex-parte Hearing.
Next Purpose: HEARING
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv. Mr. J. M. D\''silva for Plaintiff present.
None present for Defendant.
Matter adj. to 01/10/2021 for Ex-parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: Court is vacant.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Court is vacant.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Court is vacant
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Court is vacant.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv. Diselva for pltff present.
None for deft.
Matter is adjd to 11/11/2021 for Ex-party Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Pltff present.
Adv. D\''silva for pltff present.
Judgment(Exh. 22)
F.R.S.R. following order is passed.
ORDER
1. The suit is partly decreed.
2. The order/letter of termination of the services of the plaintiff issued by defendant dt. 14/03/2017 is declared as illegal.
3. The relief of reinstatement in service of the defendant company is rejected.
4. The defendant do pay Rs. 2,41,000/-(Rupees Two Lakh Forty One Thousand) to plaintiff towards back-wages and other service benefits together with interest thereon at the rate of 7% per annum from 01/04/2017 until realization of the entire amount.
5. The defendant do pay Rs. 21,37,920/- (Rupees Twenty One Lakh Thirty Seven Thousand Nine Hundred and Twenty) to the plaintiff towards damages together with interest thereon at the rate of 7% per annum from the date of suit until realization of the entire amount.
6. No order as to costs.
7. A decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 11-11-2021