Imkaa Steel SyndicateVsM/s. Thane Steels Ltd

Date: 26-02-2020
Business: Called out at 11.10 am
None present for plaintiff and defendant.
Keep back
Later on at 1.00 pm
Adv. Mohammad Qais for plaintiff present and submitted that the defendant has been served with writ of summons by private service through RPAD on 13.02.2020 and as per track report the defendant has received the item on 19.02.2020 at the given address. However, the defendant is absent. Hence, Ld. counsel for plaintiff submitted that for securing presence of the defendant  he is ready to serve him again through court bailiff and sought time for taking steps.
In view of the above submissions, Re-issue the fresh writ of summons to the defendant through court bailiff as prayed.
Matter stands Adj for service to 12.03.2020.
Next Purpose: SERVICE
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Called out at 11.05 am
Adv. Mohammed  Qais for plaintiff present.
Report of bailiff is awaited.
Matter stands Adj for report of bailiff to 26.03.2020.
Next Purpose: REPORT
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: REPORT
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: REPORT
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: REPORT
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 30-07-2020

Date: 30-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 06-08-2020

Date: 06-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 08-09-2020

Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 15.9.2020 and office order no.128 dtd.19/9/2020 of this Court, Courts shall attend the duties in two shift w.e.f. 21/9/2020
Matter adjd to 15/10/2020 for  report.
Next Purpose: REPORT
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Business: As Court is on leave
Next Purpose: REPORT
Next Hearing Date: 04-11-2020

Date: 04-11-2020
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  26/11/2020 for report.
Next Purpose: REPORT
Next Hearing Date: 26-11-2020

Date: 26-11-2020
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 01.12.2020 for report.
Next Purpose: REPORT
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: Advocate for plaintiff absent.
Advocate for defendant absent.
Matter adjd to  05.01.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 27.01.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 24.02.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Adv.Mohammad Qais for plaintiff present.
None present for defendant.
Matter adjd to 09.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 31.03.2021 for order against plaintiff.
LO
Adv.Mohammad Qais for plaintiff present.
Matter adjd to 31.03.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 31-03-2021

Date: 31-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv.Mohd. Qais for plaintiff present.
Adv.for defendant
KB.
LO
Adv.Mohd. Qais for plaintiff present.
Adv. for plaintiff filed draft ch/s. along with affidavit of service Leave granted to register the ch/s.
Matter adjd to 9.4.2021  for ch/s hearing.
Next Purpose: ORDER
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 08.06.2021 for hearing on CH/S No.697/2021
Next Purpose: C/S  HEARING
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 23.06.21 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: PO is on Leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: As Court is busy in dictating Order in Commercial Suit No.1075/2021. Hence, Matter is adjd to  03.08.2021 for ch/s. hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: Adv. Atique UR Rehman for Plaintiff present and tendered registered  Ch/s.697/2021 a/w affidavit in support to ch/s.
None present for defendant.
                          Order passed on ch/s.
Allowed to reissue summons through Hon\''ble Thane Court.

Adjd. for report of summons to 23/8/2021.
Next Purpose: REPORT
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.15 pm
Adv.Mohd.Qais i/b.Khan and Khan for plaintiff present.
None present for defendant.
Matter adjd. to 09.09.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Adv.Mohd.Quis i/b.Khan and Khan for plaintiff present.
None present for defendant.
Report is awaited for service affidavit.
Matter adjd to 16.10.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: 16-10-2021 is holiday declared.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: None present for plaintiff.
Adv. Ms.Shraddha Prajapati present for defendant.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
Adv. Ms.Shraddha Prajapati present and filed vakalatnama,Exh.5 of Adv.Mr.Parag Shah on behalf of defendant t.o.r.
Matter adjd to 08.12.2021 for affidavit of service.
                                                                                              Judge
LO at 01.29 pm,
Mr.Qazi Inamul Haque, proprietor of Plaintiff present.
Adv.Mohd.Qais i/b.Khan and Khan for plaintiff present.
The plaintiff filed application for withdrawal of suit, Exh.6 t.o.r.
KB for order
LO at 01.46 pm,
Adv.Mohd.Qais i/b.Khan and Khan for plaintiff present.
Adv.Ms.Shraddha Prajapati h/f.Adv.Parag Shah for defendant present.
The defendant filed reply on the application Exh.6 for withdrawal of suit.  Heard the parties. Following order is passed on Exh.6.
ORDER ON EXH.6
         The plaintiff by this application willing to withdraw the suit unconditionally. The defendant has no objection. As the plaintiff is willing to withdraw the suit, permission is required to be granted, hence, I pass the following order.
ORDER
1. Application Exh.6 is allowed.
2. The plaintiff is allowed to withdraw this suit unconditionally.
3. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
      Read the application Exh.6 and today\''s order passed thereon. By said order the plaintiff is allowed to withdraw this suit unconditionally. Hence, I pass the following order.
ORDER
1. The suit is dismissed as withdrawn.
2. The plaintiff is entitled to refund of Court fees as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 10-11-2021

CHAMBER SUMMONS/100697/2021

Registration Number: 100062/2020
Transfer Date: 13-03-2020
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 32 -

Filing Number: 113794/2019
Filing Date: 11-12-2019
First Hearing Date: 26th February 2020
Decision Date: 10th November 2021
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE