Date: 25-02-2019
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: Resumed.
Adv. Jigar Shah for def. no. 1 is present. None for defendant.
Exh. 6 - Adv. Jigar Shah I/b Markand Gandhi and Co. for defendant no. 1 filed vakalatnama.
Adjd for report of writ of summons to 27.06.2019.
Next Purpose: REPORT
Next Hearing Date: 27-06-2019
Date: 27-06-2019
Business: Advocate Mr. Joshi for Plaintiff present and filed an application for issuance of writ of summons upon Defendant no.3 on his new address, t.o.r. O-Allowed. Issue writ of summons as prayed.
Advocate Mr. Kalal for Defendant no.1 present and filed written statement of Defendant no.1, t.o.r.
Court is busy in dictating Judgment in suit no.3522/2012 which is Supreme Court Time bound matter, hence case is adjourned to 17/09/2019.
Next Purpose: REPORT
Next Hearing Date: 17-09-2019
Date: 17-09-2019
Business: Advocate Ibrahim Khambati for Plaintiff present and filed an application for extension of time to serve writ of summons upon Defendant no.3 through bailiff. Application t.o.r. O-Time extended till next date as prayed.
Advocate Ankur Kalal for Defendant no.1 present
Case is adjourned to 11/11/2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: Advocate Shaila Joshi for Plaintiff present and filed an application for extension of time for service of writ of summons against Defendant no.3. O-Extension granted till next date.
None present for Defendant.
Case is adjourned to 24/01/2020 for fling affidavit of service of writ of summons against Defendant no.3.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Advocate Ibrahim for Plaintiff present and filed an application for substitute service by way of publication upon Defendant no.3 t.o.r. He also filed original writ of summons, t.o.r.
Advocate Ankur Kalab for Defendant no.1 present and filed draft Notice of Motion with affidavit in support of Notice of Motion. Leave to register Notice of Motion is granted. Copy of Notice of Motion be served upon other side.
Court is busy in dictating order on Hon\''ble High Court time bound Notice of Motions in suit no.627/13, hence case is adjourned to 09/04/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Business: National Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: None present for plaintiff.
None present for defendant.
Due to Corona Pandemic it seems that parties are absent, hence case is adjd. To 16/01/2021 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: None present for plaintiff.
None present for defendant.
Deft No.1 has not tendered the registered NM in the Court till date.
As nobody is present for both the parties, considering present pandemic condition, matter is adjd. for tendering registered NM by deft No.1 and for reply of plff to it on 28.04.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: due to Covid-19 matter adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv. Mr. Aditya Lele for deft present and mentioned the matter in the morning session. He seeks time to tender registered NM in the Court.
Matter is on the board of afternoon session hence kept back.
L.O. at. 4.00 p.m.
Adv Mr. Ankur Kalal for deft No.1 present and tendered registered NM No.441/2020 along with affidavit in support.
Matter is adjd. for NM reply to 06.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Adv Mr. Mehta h/f Adv Ms. Shaila Joshi for plff present and seeks time to file reply in NM No.441/2021.
Adv Mr. Lele for deft present.
By consent, matter is adjd. for NM reply to 26.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: None present for plff.
Adv Mr. Tejas Shah present for deft.No.1.
Despite granting sufficient opportunities, plff failed to file reply hence, N.M.No.441/2020 to proceed without reply of plff.
Matter is adjd. for NM hearing to 01.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: None present for plaintiff.
Adv.Aditya Khare h/f.Adv.Gandhi for deft.No.1 present.
KB for hearing.
LO at 04.05 pm,
Adv.Aditya Khare h/f.Adv.Gandhi for deft.No.1 present.
Heard Adv. of deft.No.1 in NM No.441/2020. No argument of plaintiff.
Matter adjd to 16.07.2022 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 16-07-2022
Date: 01-07-2022
Business: None present for plaintiff.
Adv.Aditya Khare h/f.Adv.Gandhi for deft.No.1 present.
KB for hearing.
LO at 04.05 pm,
Adv.Aditya Khare h/f.Adv.Gandhi for deft.No.1 present.
Heard Adv. of deft.No.1 in NM No.441/2020. No argument of plaintiff.
Matter adjd to 16.07.2022 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 16-07-2022
Date: 16-07-2022
Business: Plaintiff absent.
Adv.Neel Karia for deft. No.1 present.
KB for order.
LO at 05.45 pm
Due to mediation discussion matter adjd.
Matter adjd to 05.08.2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 05-08-2022
Date: 16-07-2022
Business: Plaintiff absent.
Adv.Neel Karia for deft. No.1 present.
KB for order.
LO at 05.45 pm
Due to mediation discussion matter adjd.
Matter adjd to 05.08.2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: None present for pltff.
Adv.Neer Karia for deft.No.1 present.
KB for orders.
LO at 05.35 pm
Adv.Neer Karia for deft.No.1 present.
F.R.S.R. the following order is passed.
ORDER
1. Notice of Motion No.441/2020 is dismissed
2. Parties to bear their own costs.
Matter adjd to 06.10.2022 for order on Exh.11.
Next Purpose: ORDER
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: None present for plaintiff.
Adv.Tejas Shah for deft.No.1 present.
ORDER BELOW EXH.11
Read the bailiff report dated 17.12.2019 in respect of defendant No.3. Suit summons on defendant No.3 cannot be served by ordinary mode. It was attempted to be served at last known address. Hence, the plaintiff is allowed to serve the suit summons on defendant No.3 by pasting and paper publication. Application Exh.11 disposed of accordingly.
Matter adjd to 07.01.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: None present for plaintiff.
Adv.Ankur Kalal for deft. No.1 present.
Read the roznama dated 06.10.2022. The plaintiff failed to comply with the order. Service affidavit is also not filed. Keep for order in respect of defendant No.3.
Matter adjd to 24.03.2022 for order in respect of defendant No.3.
Next Purpose: ORDER
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: None present for plaintiff.
Adv.Neer Karua i/b.Markan Gandhi and Co. for deft.No.1 present.
Read the roznama dated 06.10.2022, the suit summons was ordered to be served on defendant No.3 by pasting and paper publication. The plaintiff failed to comply with the same. Hence, I pass the following order below Exh.1.
ORDER BELOW EXH.1
For want of steps for service of suit summons on defendant No.3, suit is dismissed against defendant No.3.
Matter adjd to 03.08.2023 for further order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 03-08-2023
Date: 03-08-2023
Business: None for plaintiff.
Adv. Neer Karia for defendant no. 1 present.
From the perusal of the record it appears that the plaintiff has not taken any effective steps to serve defendant no. 2 with writ of summons nor the defendant no. 2 appeared in the matter suo motu or otherwise. For want of steps to serve defendant no. 3 with the writ of summons, the suit has already been dismissed vide order dtd. 20-04-2023 against defendant no. 3. The defendant no. 1 after entering appearance in the matter is seen to have filed this written statement vide Exh.8. In this view of the matter the suit is liable to be dismissed against defendant no. 2. The suit stands accordingly dismissed against defendant no. 2.
Matter is adjd.to 27-09-2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: None for plaintiff.
Adv. Ankur Dalal for defendant no. 1 present.
The defendant no. 1 moved the application under order 9 Rule 8 of C.P.C. for dismissal of the suit t.o.r. marked as Exh.12 , since the plaintiff is not appearing in the matter for last several days. Since the defendant no. 1 has filed the written statement and the matter is posted for framing of the issues. The suit can be dismissed under order 9, Rule 8 of C.P.C.. The application therefore stands rejected.
Matter is adjd.to 08-11-2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: None present for plaintiff.
Defendant no. 1 present.
Matter is adjourned to 19-12-2023 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-12-2023
Date: 19-12-2023
Business: None for plaintiff.
None for defendant
Matter is adjourned to 30-01-2024 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: None for Plaintiff present.
Adv. Ankur Dalal for defendant No.1 present.
None for defendants No.2 and 3 present.
Issues are framed in Exhibit-13.
Matter stands adjourned on 22.03.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-03-2024
Date: 22-03-2024
Business: None for Plaintiff present.
Advocate Dhiraj Bhandari for defendant No.1 present.
None for defendants No.2 and 3 present.
Matter stands adjourned on 15.06.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2024
Date: 15-06-2024
Business: None for plaintiff present.
Advocate Manan Dhindhora for defendant No.1 present.
None for other defendants present.
Roznama reveals that plaintiff is absent since long and has not taken any steps for proceeding with the suit. It appears that plaintiff is not interested in proceeding with the suit. Hence, suit is posted for dismissal order.
Matter stands adjourned on 29.06.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 29-06-2024
Date: 29-06-2024
Business: None for plaintiff present.
Adv. Neer Karia for defendant no. 1 present. KB
L. O. at 4.51 PM.
None present.
Order below Exhibit-1
The case is fixed for dismissal order. Plaintiffs and their advocate are absent. Plaintiffs have not taken steps for proceeding with the suit. It appears that plaintiffs are not interested in prosecuting the suit. Hence following order passed -
1) Suit No. 293 of 2019 is dismissed in default and for want of prosecution.
2) Parties to bear their own costs.
3) Proceeding of S.C. Suit No. 293 of 2019 is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 29-06-2024
