Date: 15-04-2019
Business: Court is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: Adv. for Plaintiff present.
Adv. Mr. Amit Ghurye for Defendant present.
Exh.1- Plaint.
Exh.2- Vakalatnama.
Exh.3- Address Memo.
Exh.4- List of documents.
Exh.5- V/P filed by adv. Mr.Ghurye for deft nos. 1 and 2, prayed for adjd.to file W.S.
Matter is adjd.for W.S on 02.07.2019.
LO
Adv. Mr. Shailesh More for plff present.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-07-2019
Date: 02-07-2019
Business: Court is on Leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: Adv. Mr. Shailesh More for plaintiff, submits that copy of NM is served, it be allowed subject to heavy cost.
Adv. Mr. Amit Goriye for defendant,
On perusal of roznama it appeared that registered NM is not tendered by deft.
Matter is adjd. for Notice of motion on 18.11.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-11-2019
Date: 18-11-2019
Business: Adv. Shailesh More for Plaintiff present.
Adv. Amit Ghuriye for Deft.present and tendered NM 2025/19
Heard both sides on NM 2025/19
F.R.S.R. Following order is passed
ORDER ON NM 2025/19
Application is allowed subject to cost of Rs.1,000/- to be
paid to plaintiff.
Ld. adv. for defendant assured to pay today itself to plaintiff.
Plaintiff submitted that cost is received from defendant as per
today\''s order.
Exh. Written Statement tendered by defendant.
Copy served on plaintiff.
Adjd. for Draft issues to 12/2/2020.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Advocate Shailesh More for plaintiff is present.
Advocate Mr. Amit Ghore for defendant is present.
Adjourned for draft issues to 02.05.2020.
Judge
Next Purpose: DRAFT ISSUES
Next Hearing Date: 02-05-2020
Date: 02-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-05-2020
Date: 22-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv. R. Satardekar with Adv. Shailesh More for plaintiff present.
Court is busy in recording evidence in session case NO. 125/2020, recording statement under section 313 of crpc in session case No. 715/19 and passing order in NM No. 543/2020. Hence adjourned.
Adjd for framing issues to 07/05/2021
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-05-2021
Date: 07-05-2021
Business: Court is vacant
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: P.O. is on half day leave (First session), hence adjd to 13.10.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Adv. Shailesh More for plaintiff present.
K.B.
L.O.
Court is busy in other work.
The matter is adjd for framing issues to 30.10.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-10-2021
Date: 30-10-2021
Business: None present.
Perused the proceeding sheet and plaint.
2. Suit was initially registered as a Short Cause Suit. Thereafter, it was transferred to the Commercial Court treating the dispute as a commercial dispute.
3. Perused the pleading. Plaintiff sought recovery of an amount of Rs.4,90,120/- along with interest. It is contended that deft. nos.1 and 2 appointed plaintiff as a General Manager. On the date of resignation i.e. on 30.09.2016, a sum of Rs.4,90,120/- is due and payable to the plaintiff from defendants. Said amount consists of Rs.2,10,120/- towards recovery of TDS payment, Rs.80,000/- towards balance salary, Rs.1,75,000/- towards salary component and Rs.25,000/- towards marketing component.
4. Section 2(1)(c) of the Commercial Courts Act defines commercial dispute. Plaintiff is seeking recovery of the amount of Rs.4,90,120/- from his employer. Plaintiff\''s claim is not covered in clause no.(i) to (xxii) of Section 2(1)(c) of the Commercial Courts Act. Considering the avernments made in the plaint, present suit does not qualify as a Commercial dispute. Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
Matter is adjd for compliance of above order to 20.11.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Court is on leave. Hence, board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Matter called out at 4.36 p.m.
Adv. Shailesh More for plaintiff present.
None present for defendant.
Matter stands adjourned to 04.05.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: Adv. Shailesh More for plaintiff present.
None present for defendant.
Matter be removed from caption of compliance and put up for issues.
Matter stands adjourned to 27.07.2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Shailesh More for plaintiff present.
None present for defendant.
Matter stands adjourned to 26.09.2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: Adv. Shailesh More for plaintiff present.
None present for defendant.
Matter stands adjourned to 16.11.2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: Adv. Shailesh More for plaintiff present.
None present for defendant.
Matter stands adjourned to 23.01.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: None present .
Matter stands adjourned on 01.04.2023 for hearing on issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: None present.
Matter stands adjourned on 04.07.2023 for hearing on issues.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 04-07-2023
Date: 04-07-2023
Business: Adv Shailesh More for Plaintiff present and seeks time for filing draft issues. O- Time granted.
None for defendant present.
Matter stands adjourned on 13-09-2023 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 30-11-2023 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Both parties absent.
Matter stands adjourned on 15-02-2024 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: None present.
Matter stands adjourned on 06-04-2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-04-2024
Date: 06-04-2024
Business: None present.
Matter stands adjourned on 28-06-2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-06-2024
Date: 28-06-2024
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 03.09.2024 for Draft Issues.
Reason For Adjournment: court time is over
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-09-2024
Date: 03-09-2024
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 20-11-2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-11-2024
Date: 20-11-2024
Business: As per Office Order No. 273 of 2024 dtd. 14.11.2024 holiday is declared on account of ''Polling Day'' of General Election of State Legislative Assembly of Maharashtra on 20.11.2024. Hence matter stands adjourned on 24.12.2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-12-2024
Date: 24-12-2024
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 27-03-2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-03-2025
Date: 27-03-2025
Business: As P. O. is on leave.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-07-2025
Date: 08-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Matter stands adjourned to 14-08-2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-08-2025
Date: 08-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Matter stands adjourned to 14-08-2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-08-2025
Date: 14-08-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Matter stands adjourned to 01-10-2025 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-10-2025
Date: 01-10-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None for Plaintiff present.
None for defendant present.
Matter stands adjourned for draft issues to 26-02-2026
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-02-2026
Date: 26-02-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None present.
O - Issue notice to all parties.
Matter stands adjourned for Lok-adalat to 14-03-2026.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-03-2026
Date: 14-03-2026
Business: Matter pertaining to C.R. No.03
None present for the plaintiff.
None present for defendant.
Matter not settled.
Matter adjourned to 07.04.2026.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 07-04-2026
Date: 07-04-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None for Plaintiff present.
None for defendant present.
The plaintiff is absent since 04.07.2023. No steps taken. Hence kept for dismissal order.
Matter stands adjourned for dismissal to 30-04-2026.
Next Purpose: DISMISSAL
Next Hearing Date: 30-04-2026
Date: 30-04-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None present.
When called repeatedly neither plaintiff nor his advocate present till 12.25 PM.
The suit is instituted on 26.02.2019 for recovery of Rs.4,90,120/- alongwith damages. The plaintiff and his advocate is absent since 23.01.2023. No steps taken since 23.01.2023. The matter was fixed for dismissal order on 07.04.2026. The plaintiff was remained absent since 30.10.2021. His advocate absent since 04.07.2023. Thereafter suit was fixed for draft issues and then it was kept before Lok-adalat. None appeared before Lok-adalat. Notices were issued to parties on Court Motion but they remained absent. Therefore the suit was fixed for dismissal order. However, the plaintiff has not taken any steps today also none present for plaintiff. After 5 years the suit is pending for steps. It is pending since last more than 5 years. There is no progress in suit, no purpose will serve by keeping the matter pending without any progress. The conduct of plaintiff shows that he lost interest in the litigation. The plaintiff is not interested in prosecuting the suit. Hence the Suit No. 2178 of 2021 is dismissed for want of prosecution and necessary steps. No order as to costs. Notice of Motion, Chamber Summons if any, disposed of as infructuous.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 30-04-2026