Date: 19-03-2018
Business: Adv. Neelma Sarvagod Present for the Plff.
Adv. Patel Present for the Deft.
Adv. for the Plff filed registered NM 260/18 alongwith affidavit t.o.r.
Ld counsel for the Deft sought time to file reply to the NM 260/18.
Adj. for Reply of NM 260/18 on 20/06/2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-06-2018
Date: 20-06-2018
Business: Adv Mr. Sachin Sharma I/b Adv Mr. Shabnam Latiwala for plff. Present.
Adv Mr.Kuber Wagle for deft. present.
Adv Mr. filed vakalatnama for plff. TOR at Exh.5.
At the oral request of ld. Adv for deft. adjd. for filing reply NM 2608/18
Adjd. For reply on 16.08.2018.
Next Purpose: REPLY
Next Hearing Date: 16-08-2018
Date: 16-08-2018
Business: None Present for Plaintiff
Adv. Shubham for defendant Present.
Adjd to 20/12/2018 for reply to N.M
Next Purpose: REPLY
Next Hearing Date: 20-12-2018
Date: 20-12-2018
Business: Court is leave.
Next Purpose: REPLY
Next Hearing Date: 25-02-2019
Date: 25-02-2019
Business: Adv. Bokariya for defendant present.
None present for plaintiff.
Adjd for Hearing on 20/04/2019.
Next Purpose: HEARING
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: Both parties and their adv. are absent.
Adjd to 09/07/2019 for hearing
Next Purpose: HEARING
Next Hearing Date: 09-07-2019
Date: 09-07-2019
Business: None present
Matter is Adjd for Hearing to 29/08/2019.
Next Purpose: HEARING
Next Hearing Date: 29-08-2019
Date: 29-08-2019
Business: Adv for plaintiff Mr.Warange present.
Adv for deft Ms.Bharucha present.
Adv for plff.tendered registered C/S along with affidavit.
Matter is Adjd for Reply to C/S to 09.10.2019.
Next Purpose: REPLY
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Adv for plaintiff Mr.Surve present.
Representative of plaintiff present.
Adv for deft Mr.Barucha present.
Adv for deft filed reply. T.O.R.
Representative of all plaintiff received copy of reply
Matter is Adjd for N/M Argument to 25.11.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Adv for Plaintifff present.
None for the defendant.
Adv for plaintiff filed rejoinder in N/M.
Matter is Adjd for N/M Argument to 10.02.2020.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Adv for plaintiff Ms.Yasmin Tavaria present.
None for the defendant.
Power of attorney holder of Mr.Cyrus Gorimar present.
He requested for adjournment. O-Granted.
Adv for plff. stated that she is withdrawing the VP for plaintiff.
Matter is Adjd for N/M Argument to 03.03.2020.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Adv for plaintiff/Applicant Mr.Siddesh Borkar present.
Plaintiff
None for the defendant.
Adv for plff. filed VP in C/S 1567/19 and N/M 260/18.
Matter is Adjd for N/M Argument to 23.04.2020.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 23-04-2020
Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ARGUMENTS
Next Hearing Date: 14-05-2020
Date: 14-05-2020
Business: National Lock Down
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-06-2020
Date: 03-06-2020
Business: National Lockdown
Next Purpose: NM ARGUMENTS
Next Hearing Date: 20-06-2020
Date: 20-06-2020
Business: National Lockdown
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-07-2020
Date: 16-07-2020
Business: National Lockdown
Next Purpose: NM ARGUMENTS
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Business: National Lockdown
Next Purpose: NM ARGUMENTS
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent. Matter adjd to 05.02.2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: CA of plaintiff Cyrus Gorimkar is present.
Adv. Sidhesh Borkar for plaintiff is present.
None for defendant.
On oral request of Adv. for original plaintiff adjourned at 4.00 p.m.
LO at 4.30 p.m.
CA of plaintiff is present but he has submitted that his Advocate is busy in High Court.
Adjd for NM hearing on 15.03.2021.(Afternoon Session)
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2021
Date: 15-03-2021
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: NM FOR HEARING
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: None present.
Matter adjd for NM hearing on 09.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Business: Ld. adv. Siddesh Borkar for plaintiff present
In view of office order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is discharged. The matter is adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: P.O. is on leave. The matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: Matter received from CR 14
Adv. Siddhesh Borkar for the plff present.
As none appeared for deft.adjd.as last chance.
Matter adjd.to 27/10/2021 for hrg.nm
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. Sidhesh Borkar for plaintiff is present.
Order below NM No. 260/18
Perused the notice of motion which is supported by an affidavit of Sirus Gorimar. Also perused the reply. Heard ld. Adv.for the plaintiff. None appeared for the defendant. As per order dtd. 20.08.2021, last chance was granted to original defendant but none appeared. I have perused the order dtd. 07.10.2016. The suit was dismissed in default as per provisions of Order 9 Rule 3 of the CPC. This shows that even on the date of dismissal the respondent/ original defendants were not present. The main suit is for declaration regarding huge amount being due and payable by the defendant. In para no.7 of the affidavit in support genuine and satisfactory reasons are mentioned for condoning the delay and granting an opportunity to the applicant to continue the suit, to be contested on merits. In my opinion no prejudice would be caused the defendants as they will get an opportunity to defend the suit. Hence, considering overall circumstances for giving fair opportunity to the applicant, in my opinion upon imposing of certain cost to be paid to DLSA, Mumbai and in the interest of Justice this notice of motion needs to be allowed. Hence, I pass the following order-
ORDER
Notice of Motion No. 260/18 is allowed and made absolute in terms of prayer clause (a) to (d) subject to the applicant paying costs of Rs. 2000/- to DLSA, Mumbai within four weeks. Notice of motion is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 27-10-2021