Date: 19-03-2020
Business: Adv.Karande for present for Plaintiff and submitted that service of writ of summons is made upon defendants.
None present for Defendants.
Plaintiff is directed to file affidavit of service.
Case is adjourned to 08/07/2020 for filing affidavit of service.
Next Purpose: SERVICE
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Business: Adv. Karande present for Plaintiff and seeks time to file affidavit of service.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 09/09/2020.
Next Purpose: SERVICE
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Business: Due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: Adv. Karande present for Plaintiff and submitted that service of writ of summons is made however postal acknowledge is to be received.
Considering submissions adjd. For filing of affidavit of service.
None present for Defendants.
Matter is adjd. To 17/02/2021 for filing of afffidavit of service.
Next Purpose: SERVICE
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv. Karande h/f M/s. Divekar and Co. present and filed affidavit of service of writ of summons at Exh.2.
Statements made in the affidavit about servie of writ of summons on defendant nos.2,5 to 8 are supported by postal acknowledgement. Those defendants are served way back in March 2020 but failed to appear. Hence suit to proceed Exparte against defendants nos.2,5 to 8.
Adv. For plaintiff seeks time to file affidavit of service of writ of summons on other defendants.
Adjd. for filing affidavit of service to 3/5/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Adv Mr. Chaitanya Rane for plff present.
Adv Ms. Amrita Singh h/f Adv Mr. Sapre for deft 1,3 to 5,7 and 8 present and tendered registered NM No.1147/2021 along with affidavit in support. Copies served on the adv. for the plff.
Adv. for the plff seeks time to file reply.
By consent, matter is adjd. for NM reply to 30.09.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv Mr. Karande for plff present and mentioned the matter in the morning session. He seeks time to file reply to N.M.No.1147/2021 filed by deft No.1, 3 to 5,7 and 8 for setting aside No WS order.
Matter is on the board of afternoon session hence, kept back.
L.O. 4.35 p.m.
Adv Ms.Priyanka h/f Adv Mr. Sapre for deft Nos.1, 3 to 5,7 and 8 present. On the basis of request made by ld. Advocate for the plff in the morning session, matter is adjd. for NM reply.
Matter is adjd. for NM reply to 11.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv Ms. Pednekar present for plff. and seeks time to file reply to NM No.1147/2021.
None present for defts.
On request of adv for plff, as nobody is present for deft, matter is adjd. for NM reply to 20.01.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv Mr. Karande present for plff. and seeks time to file NM reply.
Adv Smt. Amrita Singh present for deft.1,3 to 5,7 and 8.
Last chance is granted to the plff.
By consent, matter is adjd. for NM reply to 12.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Adv.Karande for plaintiff present.
Adv.Amruta singh for 1, 2 to 7 and 8 for deft. present. the Ld.Adv. For plaintiff requested time to file reply in NM 1147/21.
Matter adjd to 18.08.2022 for reply to NM.
Next Purpose: REPLY
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv.Chaitanya Rane for plaintiff present.
Adv.Amruta Singh h/f.Adv.Sapre for deft.No.1,3-5,7 and 8 present.
On oral request for plaintiff matter adjd to 18.10.2022 for reply in NM.
Next Purpose: REPLY
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: Adv.Karande for plaintiff present and filed handwritten reply in NM 1147/2021.
Adv.Priyanka Kadne h/f.Adv.Sapre for deft.No.1,3 to 5, 7 and 8 present.
Matter adjd to 10.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Adv.Karande i/b.Divekar and Co. for plaintiff present.
None present for defendants.
Heard Adv.for plaintiff. No argument of defendant No.1, 3 to 5, 7 and 8.
KB for order.
LO at 04.45 pm
ORDER IN NM 1147/2021
Read the affidavit in support of motion and reply. By order dated 17.02.2021 suit is proceeded ex-parte against defendant No.2, 5 to 8. The defendant No.1, 3 to 5, 7 and 8 have taken out this motion for setting aside ex-parte order and allowing them to file the written statement. When the order dated 17.02.2021 was passed, it was period of pandemic. The Hon\''ble Supreme Court in Suo-Motu Writ Petition No.03/2020 directed to exclude the period of limitation from 15.03.2020 to 28.02.2022. Therefore, these defendants can be allowed to file their written statement by setting aside no WS/ex-parte order. Accordingly, I pass the following order.
ORDER
1. Notice of Motion No.1147/2021 is allowed.
2.Order dated 17.02.2021 directing the suit to proceed ex-parte against defendant Nos.5, 7 and 8 is set aside.
3. Delay in filing written statement by defendant No.1, 3 to 5, 7 and 8 is condoned. Written statement filed by these defendant is taken on record and marked as Exh.4.
4. Notice of Motion No.1147/2021 is disposed of accordingly.
Matter adjd to 10.03.2023 for order in respect of deft.No.2 and 6.
Next Purpose: ORDER
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: Adv.Karande for plaintiff present.
None present for defendant.
Read the roznama dated 10.01.2023 suit is posted today for order against defendant No.2 and 6. Read the roznama dated 17.02.2021, suit is already ordered to proceed ex-parte against defendant No.2 and 6, hence, no need to pass any separate order against defendant No.2 and 6.
Matter adjd to 09.06.2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: Adv. Mansi Hirve for plaintiff present.
None for defendant
Matter is adjd.to 25-07-2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: Court is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: None for plaintiff.
None for defendant
Matter is adjd.to 30-10-2023 for framing issue
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: Adv. Aishwarya Shetty for plaintiff present.
None for defendant
Matter is adjd.to 20-12-2023 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-12-2023
Date: 20-12-2023
Business: None for plaintiff.
None for defendant
Matter is adjourned to 16-02-2024 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-02-2024
Date: 16-02-2024
Business: Adv. Siddhant Varunkar for plaintiff present.
None for defendant
Matter is adjourned to 21-03-2024 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-03-2024
Date: 21-03-2024
Business: Adv. Mansi Hirve for plaintiff present filed draft C/S with supporting affidavit t.o.r. - O- Leave is granted to register the draft C/S .
None for defendant
Matter is adjourned to 18-06-2024 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-06-2024
Date: 18-06-2024
Business: Adv. Siddhant Varunkar for plaintiff present.
None for defendant
Matter is adjourned to 22-08-2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-08-2024
Date: 22-08-2024
Business: Adv.Rohan Karan Pal for plaintiff present and tendered registered copy of ch/s No.933/2024 along with affidavit in support. It is taken on record.
None present for defendant
Matter is adjourned to 02-09-2024 for framing issues and ch/s reply.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-08-2024
Date: 28-08-2024
Business: (NOT ON BOARD TAKEN ON BOARD By preceipe- Exh. )
By Precipee Exh. 5
Adv. Rohan Karande for plaintiff present and filed application for withdrawal of suit. It is taken on record and marked as
Exh. 6
O- Other side to file say.
Matter is adjourned to 02-09-2024 for filling reply on Exh. 06
Next Purpose: REPLY
Next Hearing Date: 02-09-2024
Date: 02-09-2024
Business: Adv. Rohan Karande for plaintiff present.
Adv. Amrita Singh for defendant No.1, 3, 4, 5, 7 and 8 present.
Order
Today the matter is for filing reply on the present application of withdrawal of suit. On behalf of defendants no objection is given for allowing withdrawal of suit as the matter is settled with the plaintiff. The plaintiff is not present before the Court but I have gone through the e-mail sent by him to his Advocate about authority to withdraw the suit. The signature of plaintiff on the authority letter and plaint Exh.1 found similar. It is the unconditional withdrawal of the suit and for that defendants have not objected. Therefore, I do not feel any legal hurdle in allowing the application as prayed so, in the result following order is passed.
ORDER
1. The application ( Exh. 06) is allowed as prayed.
2. Suit No. 904 of 2020 is hereby withdrawn cum dismissed for want of prosecution.
3. In view of the withdrawal of suit CS No. 933/2024 does not survive so it is disposed of.
4. Court fees be refunded to the plaintiff if he entitled for the same as per rules.
5. Bill of cost be drawn accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 02-09-2024
