Date: 02-05-2018
Business: Court is busy dictating the judgment in Su.19/18, Su.20/18, Su. 1199/15, Hence Board discharged.
Matter is adj for report on 09/08/2018.
Next Purpose: REPORT
Next Hearing Date: 09-08-2018
Date: 09-08-2018
Business: Adv. Chattarjee for Plaintiff present.
None for Defendant.
Matter is adjd. to 03/10/2018 for Service.
Next Purpose: SERVICE
Next Hearing Date: 03-10-2018
Date: 03-10-2018
Business: Adv.Ms. Chatarji for Plaintiff
None for Defendant
Matter is adjd. 29/10/2018 to for service.
Next Purpose: SERVICE
Next Hearing Date: 29-10-2018
Date: 29-10-2018
Business: Matter transferred from Cr. no.28.
Adv. Ms. Lipsika Charterjee Present for the Plff.
None Present for the Deft.
Ld counsel for the plff filed application for fresh writ of summons. t.o.r.
Order- Heard. Allowed fresh writ of summons by RPAD.
Adj. For Service affidavit of writ of summons on 11/01/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-01-2019
Date: 11-01-2019
Business: Adv for plff. Ms.Chattergee present
She requested for time for issuance of writ of summons
Granted
Matter is Adjd for service on 28/02/2019
Next Purpose: SERVICE
Next Hearing Date: 28-02-2019
Date: 28-02-2019
Business: Adv for plff.Ms.Chattergi present
Adv for plff filed affidavit of service of summons along with postal acknowledgement
O-It appears deft served with summons but did not appear Therefore, suit to proceed exparte against deft
Matter is Adjd for Exparte Evidence on 22/03/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-03-2019
Date: 22-03-2019
Business: Matter transferred from Cr. no.09.
Adv. Ipsita Chatarji for the plaintiff present.
Adv. Manisha Jadhav for the defendant present.
Matter adjd.for Exparte evidence to 09.07.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-07-2019
Date: 09-07-2019
Business: s the court is on leave
Board is discharged and the
matter stands adjd. To 20.08.2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Adjd
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: P.O. is on leave, Board is discharged
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-12-2019
Date: 10-12-2019
Business: P.O. is on training. Board is discharged.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Charushila More For plff. Present.
Adv. For deft. Absent.
Matter is adjd to 29.04.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-04-2020
Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-05-2020
Date: 20-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Business: lockdown
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Business: Due to Corona pandemic.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Charushila More for the plff. Present.
Plaint
Vakalatnama
Memorandum of address
List of document
Adv. For the plff. Filed affidavit of service of writ of summons. t.o.r. Order - Seen and filed.
Adv. For the plff. Filed list of document. t.o.r.
Order - Seen and filed.
Service report unclaimed
Matter is adjd to 19.03.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Charushila More for the plff present.
Matter is adjd to 24.06.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Both the parties and their advocates are absent.
Hence, delay the matter.
Matter is adjd to 23.08.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Court is Vacant.
Matter is adjd to 26.10.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Court is vacant
Next Purpose: SERVICE
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: None present.
Matter is adjd for service to 24.02.2022
Next Purpose: SERVICE
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: None for Plaintiff.
Roznama shows that matter was posted for Ex-parte Evidence till 20/01/2020. However, the matter was again kept at the stage of service from 11/01/2021 onwards. No Affidavit of Service is filed. Plaintiff to take proper steps or to satisfy this court about the service of Writ of Summons upon Defendant.
Matter adjourned to 13/09/2022 for Service.
Next Purpose: SERVICE
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: None for plaintiff.
By order dated 20.06.2022, this Court had directed the plaintiff to satisfy the Court about the service of writ of summons on the defendant. The service affidavit reveals that the envelope has returned unserved with the endorsement \''unclaimed\''. Therefore, I find there is no proper service of writ of summons. Therefore, plaintiff to take proper steps to serve the defendant.
Matter adjd. to 25.11.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: None for plaintiff.
By detailed order dated 20/06/2022 and 13/09/2022 this court had directed plaintiff to take proper steps to serve writ of summons on defendant sole. In spite of the same, plaintiff is absent, no steps are taken. Hence, matter kept for dismissal order.
Matter is adj to 07/01/2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: Adv.Sanika Gharat for plaintiff present. She submits that defendant is under liquidation and she has already placed on record the copy of public announcement Under Regulation 6 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016). She submits that in view of liquidation proceeding initiated against the defendant before NCLT, Mumbai, plaintiff is unable to proceed with the suit.
In view of section 52 of IBC, once the liquidation proceedings are subjudice before the NCLT, civil court is excepted to stay away its hand against the corporate debtor. In view of the same present suit is stayed and adjourned sine die. Parties to intimate this court as and when the liquidation proceedings initiated are over.
Matter removed from board.
Next Purpose: DISMISSAL
Next Hearing Date: 07-04-2023
Date: 22-02-2024
Next Purpose: DISMISSAL
Next Hearing Date: 23-02-2024
Date: 29-02-2024
Next Purpose: DISMISSAL
Next Hearing Date: 23-05-2024
Date: 23-05-2024
Business: Matter is already disposed of on 29.02.2024
CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Not on board, taken on board.
Mr. Sangita Mehra, representative of the plaintiff is present.
Adv. Charushila More for the plaintiff is present and filed an application for taking case on today\''s board. Taken on record. It is marked as Exh-5. O-Allowed. On perusing record, it appears that in view of order dated 07.01.2023, matter was adjourned as Sine die, in view of liquidation proceeding was subjudiced before NCLT, Mumbai. Hence, matter is taken on today\''s board.
Counsel for the plaintiff filed an application for withdrawal of the suit. Taken on record. It is marked as Exh-6 .
Order below Exh-1 and 6
The counsel for plaintiff has filed an application below Exh-06 for withdrawal of summary suit. The representative of plaintiff and his advocate are present. The representative of plaintiff submitted that as their company has been taken over by other company. Therefore, they do not want to proceed with the matter.
In view of the submissions of the representative of plaintiff and her advocate as well as contents in the application for withdrawal of the suit at Exh-06, the Summary suit No. 296 of 2018 is hereby stands disposed of, as withdrawn unconditionally.
The plaintiff may be entitled to refund of court fees, if provided for in the rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 23-05-2024
