M/s. Chetana Book DepotVsNandadeep English School +1 more

Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 22.03.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv Sudhakar Lakhani for the plff present.
Adv. For the plff filed application for extension of time. t.o.r.
Order- Granted extention as prayed.
Matter is adjd to 25.06.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Business: Both the parties and their advocates are absent.
Hence, delay the matter.
Matter is adjd to 26.08.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: COURT IS VACANT
Next Purpose: REPORT
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Adv Lakhni for plaintiff present.
Adv for plaintiff filed application for issue fresh original and one fresh duplicate writ of summons upon the defendant. TOR. O- Allowed as per rules.
Adv for plaintiff filed affidavit of service of the defendant no.2. O- TOR and it is marked as Exh.5.
Order - defendant no.2  failed to appear inspite of due service of summons. Hence, suit to  proceed ex-parte against defendant no.2
Matter is adjd to 11.02.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Adv Madhuri Lakhani for plaintiff present.
Matter is adjd for  report on 08-04-2022
Next Purpose: REPORT
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: P.O. is on training.
Next Purpose: REPORT
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: Adv. Mr. Ken Misquitta for Plaintiff present.
Plaint – Exhibit-1
Vakalatnama – Exhibit-2
Memorandum of Address – Exhibit-3
List of Documents – Exhibit-4
Adv. for Plaintiff filed Affidavit of Service regarding Defendant     no. 1.  O :- On perusal of the Affidavit of Service it appears that summons is served on Defendant No. 1 through RPAD in the month of December-2021. There is  no exact dated about service of the notice.   However, it appears that the office has received the acknowledgment on 28/01/2022.
As such service is complete.  Till date Defendant No. 1 has not caused the appearance.  Hence suit to proceed Ex-parte against Defendant No. 1.
Matter adjourned to 10/10/2022 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: None for plaintiff.
Matter is adj to 22/12/2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: Adv. Nitin Thakur for the plaintiff present filed application for withdrawal of suit.
He also submits that the client , through an e-mail has instructed him to withdraw the suit. The copy of email is annexed with the application.
In view of the aforesaid submissions, I pass following order -
ORDER
1. Summary Suit No.312/2020 is permitted to be withdrawn unconditionally.
2. Plaintiff is entitled for refund of court fees, as per the rule.
3. Summary Suit No.312/2020 is disposed of accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 22-12-2022

Registration Number: 100312/2020
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Filing Number: 101936/2020
Filing Date: 11-02-2020
First Hearing Date: 24th September 2020
Decision Date: 22nd December 2022
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE