Date: 08-03-2019
Business: Adv. Hasan Present for the Plff.
None Present for the Deft.
Ld counsel for the plff filed registered NM 461/19 alongwith affidavit. t.o.r.
Ld counsel for the plff sought time to file service affidavit of NM 461/19. granted.
Adj. For Service affidavit of NM 461/19 on 23/04/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-04-2019
Date: 23-04-2019
Business: Adv. Hasan Present for the Plff.
None Present for the Deft.
Ld counsel for the plff sought time to file service affidavit of NM 461/19. Granted.
Adj. for Service affidavit of NM 461/19 on 02/08/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Adv. Hasan Khan for plaintiff present.
On the request of Ld. Counsel for plaintiff time is granted to find out new address of defendants.
Matter adjd for compliance on 18/09/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: H.H.J. is on Leave
Next Purpose: COMPLIANCE
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Adv. Hasan Khan for plaintiff present.
As Court is busy in recording evidence, NM hearing and orders this matter is adjourned.
Matter adjd for compliance on 13/12/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-12-2019
Date: 13-12-2019
Business: H.H.J. is on training
Next Purpose: COMPLIANCE
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: None Present.
Matter adj for compliance on 30/03/2020 at 02.45 pm.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Business: None present. Due to Covid-19.
Matter adjd for Compliance on 23-11-2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Business: Adv. Leena Furtado for plaintiff present.
Adjd for compliance to 12/04/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Board is discharged
Next Purpose: COMPLIANCE
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Hasan Khan for plff present.
None for defendant.
Adjd on 29.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Matter called out at 2.48 BY Praecipe
Adv Hassan Khan @ Adv Ashwin Sawlani for plff present.
Adv Viraj Jadhav for Defendant present.
Def No.3 is present.
Application for adv of plff to take matter on today\''s board t.o.r.
Order- Allowed. Adv for def tendered Vakalatnama @ Photocopy of P.O.A. t.o.r.
K.B. L.O. at 4.52
Heard both sides on NM. The NM is taken out by the plff with prayer to set aside order dtd 17.11.2018 in Suit No. 6106/2007 thereby dismissing the suit in default and for restoration of the suit. It is the case of the plff that he was infact present on 17.11.18 when the matter was called for hearing and he was ready with evidence affidavit However, as his adv could not remain present on the said date due to unavoidable circumstances and due to ignorance of the plff of the court proceedings the suit came to be dismissed as he could not tendered evidence affidavit before the court in person. The contentions of the plff made in affidavit in support of NM are supported by the fact that evidence affidavit of the plff is sworn on 02.11.2018 I.e before the date of dismissal of the suit. Defs have filed their said on the NM giving their no objection for allowing the NM and restoring the suit. Both the parites has submitted before this court that they have amicably settled dispute between them and they are ready with consent terms. In these circumstances when plff has no doubt sufficient cause for setting aside order of dismissal of the suit it will be just and proper to allow this NM . In the result followoing order is passed
Order-
1. NM No. 461/19 is allowed.
2. Order dated 17.11.18 passed in Suit NO. 6106/07 is set aside and the suit is restored in the files to its original stage.
3. No order as to costs.
4. NM 461/19 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 13-06-2022