S. Sagarmal BihaniVsTitan Company Ltd / Titan Industries Ltd. +4 more

Date: 24-01-2019
Business: Adv. Mr. B. K. Rai for the Plaintiff present.
Adv for the plff seeks extension of time for service of writ of summons. Time is extended.
The court is busy in recording evidence and hearing arguments in old matters. Hence board is discharged.
Matter is adjd. to 27.03.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-03-2019

Date: 27-03-2019
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-06-2019

Date: 28-06-2019
Business: Clerk of plaintiff present.
No proof of writ of summons.  Plaintiff to file affidavit of service.
Adjourned for service affidavit of writ of summons to   23.8.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-08-2019

Date: 23-08-2019
Business: Adv. S. K. Rai for plaintiff present and seeks time for extension of writ of summons to serve defendant no. 2  to 5. Writ of summons is extended to serve defendant no. 2 to 5
None present for defendant.
Adjourned for service of writ of summons to 10.10.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Adv.  B. K. Rai for plaintiff present.
The Ld. Advocate for the plaintiff submitted that the report from Sheriff office is awaited and seeks time for filing affidavit of service.
Adjourned for affidavit of service to 17.12.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: None present for pltff.
Adjourn as a last chance for service of affidavit
Matter is adjd to 20.02.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Adv. Rai for plaintiff present.
Adv. Harshali Parab for deft. no.2 present.
Plaint.
Vakalatnama.
Memorandum of address.
List of documents.
Vakalatnama filed on behalf of deft. no.2.
O. - Seen and filed.
Original writ of summons tendered by plaintiff. On perusal of writ of summons, it appears that the writ of summons was served upon deft. no.2 on 30.09.2019.  Ld. Counsel for deft. no.2 seeks time to file W/S.  As the deft. no.2 failed to file the W/S within period of 30 days of service of writ of summons, suit to proceed without W/S of deft. no.2.
The original writ of summons is returned to the plaintiff as the same is not served upon deft. nos.3 to 5.
Plaintiff to file service affidavit in respect of service to deft. no.1.
Writ of summons is extended for service to deft. nos.3 to 5.
The matter is adjd for affidavit of service to 11.06.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-06-2020

Date: 11-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-08-2020

Date: 25-08-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Business: Due to Covid-19, the matter is adjourned to 08.02.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: None present.
Plaintiff to take steps to serve writ of summons to deft. nos.3 to 5.
The matter is adjd for affidavit of service to 26.04.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: None present.
Plaintiff is directed to take steps for service of writ of summons to defendant nos. 3 to 5.
Matter adjd for return of summons on 06.10.2021.
Next Purpose: SERVICE
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv. Rai for plaintiff is present.
None for defendant.
On oral  request of Adv.for plaintiff matter adjourned for taking steps for service upon defendants no. 3 to 5.
Matter adjourned for affidavit of service on 19.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: Adv. B. K. Rai for pltff present.
On his request issue fresh writ of summons against deft no. 3 to 5.
As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 29/03/2022 for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: None present.
Matter is adjd to 27/07/2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: P. O. is on leave. Matter is adjd to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: None present for plaintiff.
Roznama shows that since 28.06.2019, the plaintiff failed to take steps for serve writ of summons on defendant nos. 1 and 3 to 5. The matter is already proceeded without WS of defendant no.2. Hence, the matter be kept for dismissal for not taking steps for serving writ of summons.
Matter adjd to 17.12.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: Adv. B.K Rai for plaintiff is present.
The Ld.Adv.for plaintiff prayed to remove the caption from dismissal and to extend time to serve writ of summons on defendant nos.1 and 3 to 5. The matter is of the year 2019 and yet writ of summons not served on defendant no.1 and 3 to 5. However, considering his request the matter is remove from the caption of dismissal and time is extended to serve writ of summons on defendant nos.1 and 3 to 5 subject to payment of cost of Rs.1000/- paid to DLSA, Mumbai.
Matter adjd to 04.03.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: Adv. B.K.Rai for plaintiff is present.
None present for defendant.
The Ld.Adv.for plaintiff has filed affidavit of service regarding effecting service in the year 2019. Hence, he be directed re-issue writ of summons on defendants no. 1 and 3 to 5.
Matter adjd to 17.07.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: Adv. B. K. Rai for plaintiff present.
Adv. Ms. Upasana Singh h/f Adv. Prasad Gaonkar for defendant present.
On oral request of Ld. Adv. for plaintiff, matter adjourned.
Matter adjd to  27/09/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: Adv. B. K. Rai for plaintiff is present.
Adv. Upasana Singh for defendant no. 2 is present.
The Ld. Advocate for plaintiff filed affidavit of service and joint affidavit of service marked as Exh. 6 and 7 respectively. O- Seen.
The affidavit of service at Exh. 6 is supported by acknowledgment send through speed post where it reveals that the service is duly effected on defendant no. 1 on 03.07.2023. The acknowledgment marked as Exh. 8.
However, none appeared for defendant no. 1 when called. Hence, matter proceed ex-parte against defendant no. 1.
The affidavit of service (Exh.7) is supported by bailiff report wherein the service is duly effected on defendant no. 3. However, none appeared for defendant no. 3 when called. Hence, the matter proceeded ex-parte against defendant no. 3.
However, no effective service is done on defendant no. 4 and 5. Hence, the plaintiff is directed to take appropriate steps to serve defendant no. 4 and 5.
The Ld. Advocate for defendant no. 2 has filed pursis. TOR. Exh. 9.
It is submitted that the name of defendant no. 2 has changed from TSR Darashaw Ltd. to TSR Darashaw consultant Pvt. Ltd. O- Seen.
The Ld. Advocate for plaintiff tendered draft chamber summons a/w affidavit in support.
O-Leave granted to register draft chamber summons
Heard the Ld. Advocate for plaintiff.
Order below draft chamber summons
The plaintiff has taken out present chs to serve defendant no. 4 and 5 through paper publication.
Heard
It is submitted that inspite of making efforts by the plaintiff the service could not be effected on defendants no. 4 and 5. Therefore, permission to serve defendants no. 4 and 5 by paper publication may kindly be granted. Hence, considering the request, I pass the following order.
ORDER
1. Draft chamber summons stands allowed and made absolute in terms of prayer clause (a).
2. The plaintiff to publish public notice in two daily newspaper i.e. in English and Marathi Language widely circulated in the area where the defendant no. 4 and 5 lastly known to reside or  carry out their business.
3. Draft chamber summons stands disposed off.
4. Draft Chamber summons be registered for statistical purpose.
Matter adjd to 14.12.2023 for affidavit of service of defendant no. 4 and 5.
L.O at 1.27 p.m
Advocate for plaintiff tendered original Chamber Summons No. 1724/2023 along with affidavit in support.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: NOB TOB By precipee
Adv. Girish M. Agarwal for defendant no.3 is present and want to tender draft N/M for setting aside Exparte order dtd.27.09.2023. However, today he is not in possession of vakalatnama therefore, he sought time for filing the same. Hence, he is at liberty to take out preceipee for the same.
Matter adjd to 14.12.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: Adv. B. K. Rai for plaintiff is present.
Adv. Vandana Jadhav h/f Gaonkar for defendant no. 2 is present.
None for defendant no. 3.
The defendant no. 3 is directed to tendered registered NM on next date and also to supply to the plaintiff.
Matter adjd to 27.02.2024 for affidavit of service.
L.O. at 2.58 p.m
Adv. Girish M. Agarwal for defendant no. 3 is present and tendered original Notice of Motion No. 4217/2023. TOR.
He is directed to supply copy to the plaintiff.
Matter already adjd to 27.02.2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Adv. B. K. Rai for plaintiff is present.
None present for defendant.
Issue writ of summons by way of public notice to defendant no. 4 and 5 on oral request of Adv. for plaintiff.
Matter adjd to 13.06.2024 for service.
Next Purpose: SERVICE
Next Hearing Date: 13-06-2024

Date: 13-06-2024
Business: Adv. B. K. Rai for plaintiff is present and seek time to file service affidavit. O- Time granted.
None present for defendant.
The defendant no.3 is directed to serve copy of Notice of Motion No.4217/2023 on plaintiff on or before next date.
Matter adjd to 23.08.2024 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: Adv. B. K. Rai for plaintiff is present and filed service affidavit. TOR. Service is completed.
Adv. Upasana Singh h/f Adv. Prasad Gaonkar for defendant no.2 is present.
Defendant no.4 and 5 absent when called. Suit to proceed ex-parte against defendant no.4 and 5.
The Adv. for plaintiff seek time to file reply on NM No.4217/2023. O- Time granted.
Matter adjd to 08.11.2024 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-11-2024

Date: 08-11-2024
Business: Adv. B. K. Rai for plaintiff is present and filed reply to notice of motion no.4217/2023. TOR. Copy served on defendant no.3.
Adv. Upasana Singh h/f Adv. Prasad Gaonkar for defendant no.2 is present.
Defendant no.3 in person present and seek time. O- Time granted.
Matter adjd to 23.01.2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2025

Date: 23-01-2025
Business: Adv. Rakesh Pande i/b Adv. B. K. Rai for plaintiff is present.
Adv. Rashmi Mishra h/f Girish Agrawal for defendant no.3 is present.
Heard both sides.
F.R.S.R following order is passed in Notice of Motion No.4217 of 2023
                                           ORDER
1. Notice of motion no.4217 of 2023 is hereby allowed.
2. Exparte order passed on 27.09.2023 is hereby recalled and permission granted to file written statement, subject to cost of Rs.1000/-to be paid to the plaintiff within 14 days from today.
3. Notice of motion is hereby disposed off.
Matter adjd to 06.02.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-02-2025

Date: 06-02-2025
Business: Adv. Rakesh Pande i/b Adv. B. K. Rai for plaintiff is present and received cost amount.
Adv. Girish Agrawal for defendant no.3 is present and filed written statement Exh.11. TOR. Copy already served on other side.
Both seek longer date.
Matter adjd to 09.05.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-05-2025

Date: 09-05-2025
Business: Adv. Rakesh Pande i/b Adv. B. K. Rai for plaintiff is present and seek time to file draft issues. O- Time granted.
None present for defendant.
Matter adjd to 29.07.2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-07-2025

Date: 29-07-2025
Business: Adv. Rakesh Pande for plaintiff is present.
Adv. Kiran Chaurasia for defendant no.3 is present.
There are element of settlement in this matter. Hence, matter be referred to mediation. Mediation department is directed to issues notices to both parties.
Matter adjd to 10.10.2025 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 10-10-2025

Date: 10-10-2025
Business: Adv. Nazma Shaikh i/b Adv. B. K. Rai for plaintiff is present.
None present for defendant.
Mediation report Exh.12 and 13 received. TOR.
Matter adjd to 14.01.2026 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-01-2026

Date: 14-01-2026
Business: Adv. Rakesh Pande i/b Adv. B. K. Rai for plaintiff is present.
None present for defendant.
Matter adjourned to 21.04.2026 for framing issues.
Later on at 1.00 p.m.
Adv. Kiran S. Chaurasia for defendant no.3 is present.
Matter adjourned to 21.04.2026 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-04-2026

Date: 21-04-2026
Business: P.O. is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-08-2026

Date: 24-08-2026
Business: Adv. Shrikant  Seegarla for the plaintiff is present.
None for the defendant No.3.
Adv. For the plaintiff filed VP with NOC. Exh-14
Order- Filed
Adv. For the plaintiff filed Draft issues.
Matter adjourned for Issues to 07/10/2026
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-10-2026

NOTICE OF MOTION/104217/2023
CHAMBER SUMMONS/101724/2023

Registration Number: 100005/2019
Transfer Date: 18-07-2026
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 12 - COURT 12  ADDL SESSIONS JUDGE

Filing Number: 101588/2018
Filing Date: 25-01-2018
First Hearing Date: 24th January 2019
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE