Hindoostan Mills Limited - Through Rajesh J. Singh (Deleted as per order dated 8/8/22, See Rider-I) +1 moreVsTripti Industries

Date: 08-08-2022
Business: Adv. Sajid Sayyad i/b. AAK Legal for plaintiff present.
Adv. For plaintiff tendered draft Ch/sum.  Leave to register Ch/sum is granted.
Heard Adv. For plaintiff on draft Ch/sum.
ORDER BELOW DRAFT CH/SUM
Plaintiff has taken out this Ch/sum for changing the address of the plaintiff mentioned in the title cause of the plaint. Proposed amendment is of formal in nature. Hence, following order.
ORDER
1.  Draft Ch/sum is made absolute in terms of prayer clause (a).
2.   Plaintiff is directed to carry out necessary amendment within 14 days.
3.   No order as to costs.
4.  Draft Ch/sum is disposed of accordingly and it be registered for statistical purpose.
K.B.
L.O. at 12.40 pm.
Adv. Sajid Sayyad for plaintiff present.  He tendered disposed of registered Ch/sum No.1166/22.  T.O.R.
The matter is adjd for compliance to 22.08.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv. Sajid Sayyad for plaintiff present.  Plaintiff has carried out amendment as per order dated 08.08.2022.
The matter is adjd for filing service affidavit to 29.09.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: CORAM - H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Matter pertains to Court room no. 14
Adv. Sajid Sayyad for plaintiff present.
Affidavit of service filed by adv. for plaintiff t.o.r. and marked as Exh. 2 O- Seen.
Packet returned with remark left. Writ of summons is unserved.
Adjd for taking steps to 29/11/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: CORAM - H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Matter pertains to C. R. No. 14
Adv. Sajid Sayyad for plaintiff present and tendered application for issuance of writ of summons through email. t.o.r. and marked as Exh. 3 O-Heard. Perused contents of application and affidavit annexed with it. In view of submission of plaintiff, writ of summons be served to defendant through email on registered address of defendant.
Adjd for affidavit of service to 16/01/2023
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Matter pertains to C.R. No. 14.
Adv. Moyu Uddin h/f AAK Legal for plaintiff is present.
None for defendant.
KB L.O. at 1.37 pm
Exh.04 -  Ld Adv for plaintiff filed affidavit of service t.o.r. O- Seen.
As per affidavit of service the writ of summons sent through email. The affidavit also shows that the summons is only sent by email but writ of summons is not delivered to the defendant. Hence, plaintiff is directed to take appropriate steps.
Case is adjourned for steps to 27-01-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: Matter pertains to C.R. No. 14.
Adv. Moinuddin for plaintiff is present and tendered draft Chamber Summons alongwith affidavit t.o.r. O- Leave granted to register CS.
Heard ld adv for plaintiff.
Order passed below Draft Chamber summons.
It is contended that the summons has returned unserved with the remarked that address is left without instruction. He submits that defendant is deliberately avoiding service.  He seeks leave to serve him through paper publication.
  The affidavit of service filed on record reveals that the service attempted through RPAD has returned unserved with the remark as address is left without instruction. Thus it appears that defendant avoided service.  Hence, I find it just and proper to permit the plaintiff to serve defendant through paper publication as per rule 20 of order V of CPC.  Hence, the order-
                                            ORDER
1) Draft Chamber summons is allowed.
2) Plaintiff to serve defendant by paper publication in two news papers, one English and another Marathi, having vide circulation.
3)  Plaintiff to file service affidavit accordingly.
4)  Draft Chamber Summons disposed of accordingly.
5) Plaintiff to register draft Chamber Summons for statistical purpose forthwith.
Case adjourned for affidavit of service to 09-03-2023.
L.O. at 5.00 pm
ld adv for plff tendered original registered Chamber Summons no. 197/23 along with affidavit t.o.r.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Matter pertains to C.R. No. 14.
Adv Moinuddin for plaintiff is present.
None for defendant.
Exh.06 - Ld adv for plaintiff filed application for extension of time for service of writ of summon and also for reissuing writ of summons t.o.r. O- Extension is granted and reissue writ of summons.
On request of ld adv for plaintiff is permitted to serve the summons to the defendant by paper publication in the news paper one in English and another in Hindi.
Case is adjourned for affidavit of service to 06-06-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: As court is vacant matter is adjdj. to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-07-2023

Date: 01-07-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: Hindoostan Mills Limited Vs Tripti Industries
Case is received under transfer from Court Room No.14
Plaintiff side called but absent.
Plaintiff to take steps regarding service.
Adjourned to 06.10.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: Hindoostan Mills Limited  Vs Tripti Industries
Adv. Diksha Shetty present with plaintiff Kaushik Tapasi.
Exh.7- Application filed by plaintiff for withdrawal of Suit.
Authorized signatory Kausikk and Adv. Disksh shetty admitted the contents and signature of Exh.7.
Plaintiff submitted that, they want refund of entire Court fees. Hence, matter be refereed to Lok- Adalat.
Matter adjourned to 09.12.2023 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-12-2023

Date: 09-12-2023
Business: Parties and their advocates are absent.
Matter adjd to 11.01.2024.
Next Purpose: FOR___________________
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: Adv Aditi i/b AAK Legal for plaintiff present.
On oral request, matter is kept in the Lok-adalat to be scheduled on 03/03/2024.
Matter stands Adj for Lok-adalat on 03/03/2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 03-03-2024

Date: 03-03-2024
Business: NATIONAL LOK-ADALAT HELD ON 03/03/2024 (Panel-XIII)
Matter pertaining to C.R. No. 14
Parties are absent.
Adv. Ashutosh Hasija for plaintiff present.
Matter Adjd to 24/04/2024.
Prof. Ms. Vanita Agarwal                            H.H.J. S.P. Pingle
       Panel Member                                          Panel Head
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-04-2024

Date: 24-04-2024
Business: Adv Ashutosh Hasija for plaintiff present.
He submitted that he wants to withdraw the matter and requested to keep in lok-adalat.  Hence matter be sent to lok-adalat.
Matter stands Adj for Lok-adalat on 27/07/2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 27-07-2024

Date: 27-07-2024
Business: Mr. Kaushik Kapasi, authorized representative of plaintiff present.
Adv Ashutosh Hasija for plaintiff present.
Award Form marked as Exh. 08.
The plaintiff through authorized agent appeared and filed application for withdrawing the suit.  He also filed the authority letter and salary slip of the authorized agent.  The plaintiff is withdrawing the suit as defendant is untraceable.  The suit stands withdrawn.  Case paper be filed and sent to record room.  Court fees be refunded as per rules.  No order as to costs.
Nature Of Disposal: LOKADALAT
Disposal Date: 27-07-2024

CHAMBER SUMMONS/101166/2022
CHAMBER SUMMONS/100197/2023

Registration Number: 100434/2022
Transfer Date: 17-07-2023
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 31 - COURT 31  ADDL SESSIONS JUDGE

Registration Number: 100434/2022
Transfer Date: 01-01-2024
From Court: 31 - COURT 31  ADDL SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Filing Number: 101727/2020
Filing Date: 06-02-2020
First Hearing Date: 08th August 2022
Decision Date: 27th July 2024
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE