M/s. B. S. MehtaVsLino Pandey

Date: 23-04-2018
Business: Court is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-06-2018

Date: 04-06-2018
Business: Adv. Ms. Aachal Jain Present for the Plff.
None Present for the Deft.
Adv. For the Plff filed service affidavit of Writ of summons. t.o.r.
as per service affidavit the RPAD envelop returned with remark unclaimed from the side of Deft. When called none appeared for the Deft. It appears that, Deft intentionally avoiding appearance before the Court. Hence suit proceeded Ex-party against the Deft.
Matter kept for Ex-party evidence on 04/07/2018.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-07-2018

Date: 04-07-2018
Business: Adv. Achal Jain for the plaintiff present.
None for the deft. present. Proceeded ex- party.
Ld Counsel for the plaintiff sought time to file evidence. Granted
Matter for Ex- party Evidence of plaintiff on  .03.09.2018
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-09-2018

Date: 03-09-2018
Business: P.O. is on the mediation training
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-10-2018

Date: 22-10-2018
Business: Adv Poonam Sharma for plff present.
Deft proceeded exparte.
Representative of plff present and tendered chief in affidavit of PW 1 Dhanpat F. Mehta. It is TOR and marked as Exh.3.
Representative of plff also tendered compilation of document. It is TOR and marked as Exh.4.
Chief examination of PW 1 recorded.
Ld counsel filed evidence closure pursis. It is TOR and marked as Exh.11.
Matter is kept for exparte evidence on 26/11/2018.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-11-2018

Date: 26-11-2018
Business: None Present for the Plff.
None Present for the deft. Proceeded Ex-parte.
Hence evidence side of deft closed. Hence matter kept for final argument.
Adj. Final Argument on 18/12/2018.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-12-2018

Date: 18-12-2018
Business: Adv. Ms. Poonam Sharma Present for the Plff.
Adv. Rubin Vakhil Present for the Deft sought time to take necessary steps and  Undertake to file VP on next date  and it take appropriate steps.
Adj. For Ex-parte Argument on 24/01/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-01-2019

Date: 24-01-2019
Business: Adv. Poonam Sharma Present for the Plff.
Adv. Rubin Vakil Present for the deft
Adv. Rubin Vakil For filed VP. t.o.r.
Ld counsel for the Deft filed Draft NM alongwith affidavit for setting aside Ex-parte order.
Order- Heard. Leave Granted. NM be registered. Copy served upon otherside. Service affidavit dispense with.
Adj. For NM returnable and reply to Draft NM by Plff on 25/02/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-02-2019

Date: 25-02-2019
Business: Adv. Archana Hatode Present for the Plff.
Adv. Rubin Vakhil Present for the Deft.
Ld counsel for the deft filed registered NM 807/19 alongwith affidavit. t.o.r.
LD counsel for the Plff filed reply to NM. t.o.r. copy supplied to otherside.
Adj. For Hearing of NM on 28/03/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Business: Adv. Ms. Poonam Sharma Present for the Plff.
Adv. Mehta Present for the Deft.
Adj. For Hearing of NM 807/19 on 26/06/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: Adv. Poonam Sharma for plaintiff present.
Adv. Kamath for defendant present.
Both side argument heard on NM No.807/19.
Matter adjd for order on NM 807/19 on 27/06/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-06-2019

Date: 27-06-2019
Business: Adv. Poonam Sharma for plaintiff present.
Adv. Kamath for defendant present.
F.R.S.R. following order is passed.
ORDER BELOW NM NO. 807/19
1. NM No.807/19 in SU No.929/18 is hereby allowed.
2. Ex-parte order dated 04.06.2018 passed against defendant is hereby set aside on payment of cost of Rs.2000/- to be paid within four weeks by defendant to plaintiff or to deposit it in the Court within aforesaid time.
3. On compliance of cost order defendant is permitted to place his  written statement on record.
Matter adjd for compliance on 03/08/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: None present for plaintiff.
Adv. Kamath for defendant present.
Exh.13 Application by defendant alongwith xerox of cheque. TOR. It shows that defendant has paid the cost to plaintiff vide cheque.
Exh.14 WS filed by defendant. TOR.
Matter adjd for draft issue on 09/10/2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Adv. Achal Jain for plaintiff present.
Adv. Kamath for defendant present.
Matter adjd for drat issues on 11/12/2019.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: H.H.J. is on training
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: None present.
Matter adjd for draft issues on 06/05/2020 at 11.00 am.
L.O. at. 11.45 a.m.
Adv. Vighnesh Kamat for defendant Present
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-12-2020

Date: 05-12-2020
Business: None present.
Today matter is posted for draft issues.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for draft issues to 17-04-2021.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-04-2021

Date: 17-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: Board is discharged.  Matter adj. to
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Court is Vacant.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Court is Vacant.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: COURT IS VACANT
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: P.O.is in Training
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Matter called out at 12.06 pm
Adv Achala Hatode for plff present
None for Defendant
Adv for plff tendered Vakalatnama t.o.r. marked as Exh 15
Adv for plff tendered draft issues t.o.r
Matter is referred to Lok-Adalat
Matter is adjd on 13.08.2022 for Lok-Adalat
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: Plaintiff is present.
Adv Ms. Achala Hatode for plaintiff  present.
Defendant and advocate absent.
Matter is not settled in Lok-adalat.
Hence matter adj to 05/09/2022.
Next Purpose: FOR APPERANCE
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Adv Achala Hotode for plff present.  None for defendant
Court is busy in recording evidence in Suit No. 4628/2008.  Hence, Board is discharged.
Matter is adjd on 03.11.2022 for Appearance
Next Purpose: FOR APPERANCE
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: Adv Shreekrishna Khairnar for plff present.  None for defendant
Court is busy in recording evidence in Suit No. 7407/06 and Suit No. 3751/2010.  Hence, Board is discharged.
Matter is adjd on 12.12.2022 for Hrg
Next Purpose: HEARING
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Matter called out at 11.21 am
Adv Achala Hatode for plff present
Adv Isha Thakur for defendant present
Adv for defendants seeks to tender Vakalatnama however, no objection of previous adv is not obtained.  She seeks time to produce NOC.  Granted.
The matter is wrongly under the caption of hearing.  Adv for plff has tendered draft issues.  Adv for defendant submits that she will file draft issues on next date.
Matter is adjd on 09.02.2023 for Draft issues
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: Adv. defenda filed V/P along with NOC of previous advocate. TOR and marked as Eh. 16.
He also filed draft issues.
Matter is adjd on 13-03-2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: Adv.Archana Hatode for plaintiff present.
Adv. Heena T. for defendant present.
Issues framed at Exh. 16.
Matter is adjd on 12-06-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: PO IS ON LEAVE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2023

Date: 15-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy in recording evidence in Civil Case and Sessions Case and passing order hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
Adv.Rubin Vakil a/w Adv.S.B.Trivedi for defendants No.1 and 2 present.
Matter is adj to 02/09/2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2023

Date: 02-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv. for plaintiff present.
Adv.Rubin Vakil a/w Heena T. i/b Vimadalal and Company for defendants present.
By consent both the parties, matter is adj to 31/10/2023 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy hearing of other matters and dictating order hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  On filing application, pursis, document the Sheristedar with the help of interpreter update the roznama.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
Adv.S.B.Trivedi for defendant Nos.1 and 2 present.
Matter is adj to 20/01/2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for plaintiff.
Adv.S.B.Trivedi i/b Vimadalal and Company for defendants present.
Plaintiff failed to lead evidence hence keep for dismissal order.
Matter is adj to 02/03/2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 02-03-2024

Date: 02-03-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for plaintiff.
Adv.Ankita Katakdhond for defendant present.
Plaintiff is granted very last chance to lead evidence failure which suit will be dismissed for want of prosecution.
Matter is adj to 12/06/2024 for dismissal
Next Purpose: DISMISSAL
Next Hearing Date: 12-06-2024

Date: 12-06-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
None present.
kept back.
Later on at 11.41am
Adv.S.B.Trivedi i/b Vimadalal for defendant present.
kept back.
Matter called out at 5.40pm
None present.
Matter is adj to 09/08/2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 09-08-2024

Date: 09-08-2024
Business: Po is on leave
Next Purpose: DISMISSAL
Next Hearing Date: 18-09-2024

Date: 18-09-2024
Business: Both parties and their advocate absent. Advocate S.B. Trivedi for Defendant present.
Matter is adj to 22.11.2024 for Suit Dismissal
Later on 12.57 p.m
Advocate S.B. Trivedi for Defendant present.
Matter already adjd on 22.11.2024.
Reason For Adjournment: court time is over
Next Purpose: DISMISSAL
Next Hearing Date: 22-11-2024

Date: 22-11-2024
Business: PO IS ON LEAVE.
Next Purpose: DISMISSAL
Next Hearing Date: 30-01-2025

Date: 30-01-2025
Business: CORAM - H.H.J. SHRI. R. B. PARVEKAR-(C.R.NO.59)
None for plaintiff.
Adv.Gunjan Doiphode i/b Vimadalal and Company for defendant present.
As per record plaintiff adduce evidence of PW-1 Dhanpat (Exh-3). Suit was posted for evidence but neither plaintiff nor his counsel remain present.  Under such circumstances evidence of PW-1  Dhanpat (Exh-3) be kept for order.
Matter is adj to 06/05/2025 for order.
Next Purpose: ORDER
Next Hearing Date: 06-05-2025

Date: 06-05-2025
Business: PO IS ON LEAVE.
Next Purpose: ORDER
Next Hearing Date: 26-08-2025

Date: 26-08-2025
Business: CORAM - H.H.J. SHRI. A. K. KALE-(C.R.NO.59)
None for plaintiff.
Adv.Dhaval Pariya i/b Vimadalal and Company for defendant present.
Matter is adj to 18/11/2025 for necessary order.
Next Purpose: ORDER
Next Hearing Date: 18-11-2025

Date: 18-11-2025
Business: Vacant Court
Next Purpose: ORDER
Next Hearing Date: 07-02-2026

Date: 07-02-2026
Business: Court is vacant.
Next Purpose: ORDER
Next Hearing Date: 13-03-2026

Date: 13-03-2026
Business: Court is vacant.
Next Purpose: ORDER
Next Hearing Date: 08-06-2026

Date: 08-06-2026
Business: PO is on training.
Next Purpose: ORDER
Next Hearing Date: 20-08-2026

Date: 20-08-2026
Business: CORAM - H.H.J. SMT. P. M. KATHARE-(C.R.NO.59)
None for plaintiff.
Adv.Dhaval Pariya i/b Vimadalal and Company for defendant present and submitted that, the plaintiff is not appearing in the present since 2023 and requested to dismiss the matter.
Order- On perusal of record it appears that noone has appeared for the plaintiff since 31/10/2023.  Despite calling repeatedly noone present for the plaintiff today also.  No adjournment application filed on record.  It shows that plaintiff is not interest to proceed with the present suit.  Hence, suit is dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 20-08-2026

NOTICE OF MOTION/100807/2019

Registration Number: 100929/2018
Transfer Date: 11-06-2021
From Court: 20 - Court 59 ADDL SESSIONS JUDGE
To Court: 59 - Court 59 ADDL SESSIONS JUDGE

Filing Number: 101616/2018
Filing Date: 29-01-2018
First Hearing Date: 23rd April 2018
Decision Date: 20th August 2026
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE