Date: 03-04-2021
Business: Adv. Mr. Ganesh Ambekar for plaintiff, prayed for time to take proper steps.
None for defendant.
Matter is adjd.to 19.06.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-06-2021
Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: Both the parties absent when called out.
Adjourned to 08.09.2021 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Adv. Mr. Shabbir Jariwala for the plaintiff present and submitted that the suit was presented as a \''Summary Suit\'', but it was registered as \''Commercial Suit\''. He relied upon letter of Hon\''ble High Court dated 06/09/2021 and submitted suit may be registered as \''Summary Suit\''.
On perusal of title clause of the plaint, it is explicit that the plaintiff had presented the suit for registration as a \''Summary Suit\'' under Order XXXVII of the CPC. As category of \''Commercial Summary Suit\'' is directed to be created in the CIS for suits under Order XXXVII of the CPC seeking adjudication of commercial dispute, as per letter referred above, present suit is being dealt with by following procedure under Order XXXVII of the CPC.
The plaintiff is directed to serve writ/sum upon the defendant as per Order XXXVII Rule 3(1) of the CPC.
Matter is adjd.to 21.10.2021 for writ/sum.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Adv. Vidhi Porwal for plaintiff present and prayed for adjournment to file affidavit of service – adjournment granted.
Matter is adjd.to 29-10-2021 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv. Vidhi Porwal alongwith authorized representative of the plaintiff namely Vinayak Mahadev Shetye present and filed application for withdrawal of the suit t.o.r. and marked as Exh.2.
Heard Adv. Vidhi Porwal.
Authorized representative of the plaintiff is identified by Adv. Vidhi Porwal holding for Dua Associates. Authorized representative is confronted with his signature on Exh. 2 with contents therein and he admitted the same to be correct. Authorized representative stated that the suit is being withdrawn as per policy of the company. As the plaintiff is withdrawing the suit unconditionally and he is represented by authorized representative as well as Advocate, application Exh. 2 can be allowed. Hence, I passed the following order -
Order
1. Application Exh.2 is allowed.
2. The suit is disposed off as withdrawn.
3.Court fees be refunded to the Plaintiff as per rules and Refund Certificate be issued accordingly.
4. Parties shall bear their own costs.
5. Proceeding closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 29-10-2021
