Date: 13-03-2019
Business: Adv. G. B. Pawar Present for the Plff.
Adv. Sachin Kadam Present for the Deft. no. 1 to 4.
Ld counsel for the plff filed filed registered SJ 71/19 alongwith affidavit. t.o.r.
Ld counsel for the plff tendered service affidavit of SJ 71/19.t.o.r.
Ld counsel for the deft no. 1 to 4 sought time to file reply to SJ 71/19. granted.
Ld counsel for the plff submitted that they are not going to file written reply to CS 32/19 but orally argue the CS 32/19.
Adj. For Reply to SJ 71/19 by Deft no 1 to 4 and Hearing of CS 32/19 on 22/04/2019.
Next Purpose: REPLY
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Matter transferred from Cr. no.09.
None Present for the Plff.
Adv. Sachin Kadam Present for the Deft. no. 1 to 4.
Ld counsel for the Deft filed Draft CS alongwith affidavit.
Order- Heard. Leave granted. CS be registered. Copy be served upon otherside. Service affidavit be filed.
Adj. for CS returnable and Service affidavit on 26/07/2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-07-2019
Date: 26-07-2019
Business: None for plaintiff.
Adv. Dhiraj Kamble for defendant present.
Matter adjd for Ch/s 28.08.2019
L.O.
Adv. Pawar for plaintiff present.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-08-2019
Date: 26-07-2019
Business: None for plaintiff.
Adv. Dhiraj Kamble for defendant present.
Matter adjd for Ch/s 28.08.2019
L.O.
Adv. Pawar for plaintiff present.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-08-2019
Date: 26-07-2019
Business: None for plaintiff.
Adv. Dhiraj Kamble for defendant present.
Matter adjd for Ch/s 28.08.2019
L.O.
Adv. Pawar for plaintiff present.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: None for plaintiff present.
Adv.Sachin Kadam for defendant present, he tendered original Ch/s No-874/19. He submitted that copy served on plaintiff.
Matter adjd for Service affidavit and reply to 25.09.2019
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-09-2019
Date: 28-08-2019
Business: None for plaintiff present.
Adv.Sachin Kadam for defendant present, he tendered original Ch/s No-874/19. He submitted that copy served on plaintiff.
Matter adjd for Service affidavit and reply to 25.09.2019
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-09-2019
Date: 28-08-2019
Business: None for plaintiff present.
Adv.Sachin Kadam for defendant present, he tendered original Ch/s No-874/19. He submitted that copy served on plaintiff.
Matter adjd for Service affidavit and reply to 25.09.2019
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: None present.
Matter adjd for Ch/s to 09.12.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-12-2019
Date: 25-09-2019
Business: None present.
Matter adjd for Ch/s to 09.12.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-12-2019
Date: 25-09-2019
Business: None present.
Matter adjd for Ch/s to 09.12.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: P.O. is on training. Board is discharged.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-01-2020
Date: 09-12-2019
Business: P.O. is on training. Board is discharged.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-01-2020
Date: 09-12-2019
Business: P.O. is on training. Board is discharged.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Plaintiff and his advocate absent.
Defendant absent.
Adv. Sachin Kadam for deft. Present.
Matter is adjd to 26.03.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 26-03-2020
Date: 20-01-2020
Business: Plaintiff and his advocate absent.
Defendant absent.
Adv. Sachin Kadam for deft. Present.
Matter is adjd to 26.03.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 26-03-2020
Date: 20-01-2020
Business: Plaintiff and his advocate absent.
Defendant absent.
Adv. Sachin Kadam for deft. Present.
Matter is adjd to 26.03.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Next Purpose: REPLY
Next Hearing Date: 18-04-2020
Date: 07-04-2020
Next Purpose: REPLY
Next Hearing Date: 18-04-2020
Date: 07-04-2020
Next Purpose: REPLY
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Next Purpose: REPLY
Next Hearing Date: 08-05-2020
Date: 18-04-2020
Next Purpose: REPLY
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 08-05-2020
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 08-05-2020
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: REPLY
Next Hearing Date: 16-06-2020
Date: 29-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: REPLY
Next Hearing Date: 16-06-2020
Date: 29-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: REPLY
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: National Lock down
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-09-2020
Date: 16-06-2020
Business: National Lock down
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-09-2020
Date: 16-06-2020
Business: National Lock down
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 22-12-2020
Date: 29-09-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 22-12-2020
Date: 29-09-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 06.02.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 06-02-2021
Date: 22-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 06.02.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 06-02-2021
Date: 22-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 06.02.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Neha M. Tikam I/b Adv. Sachin J. Kadam for deft. No. 1 to 4 present.
Matter is adjd to 23.03.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 23-03-2021
Date: 06-02-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Neha M. Tikam I/b Adv. Sachin J. Kadam for deft. No. 1 to 4 present.
Matter is adjd to 23.03.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 23-03-2021
Date: 06-02-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Neha M. Tikam I/b Adv. Sachin J. Kadam for deft. No. 1 to 4 present.
Matter is adjd to 23.03.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Sachin Kadam for deft present.
Matter is adjd to 06.05.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 06-05-2021
Date: 23-03-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Sachin Kadam for deft present.
Matter is adjd to 06.05.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 06-05-2021
Date: 23-03-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Sachin Kadam for deft present.
Matter is adjd to 06.05.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 23/08/2021 for Reply
Next Purpose: REPLY
Next Hearing Date: 23-08-2021
Date: 06-05-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 23/08/2021 for Reply
Next Purpose: REPLY
Next Hearing Date: 23-08-2021
Date: 06-05-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 23/08/2021 for Reply
Next Purpose: REPLY
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: None present.
The matter is adjd for reply to Ch/sum no.874/19 and Ch/sum no.32/19 to 08.09.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 08-09-2021
Date: 23-08-2021
Business: None present.
The matter is adjd for reply to Ch/sum no.874/19 and Ch/sum no.32/19 to 08.09.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 08-09-2021
Date: 23-08-2021
Business: None present.
The matter is adjd for reply to Ch/sum no.874/19 and Ch/sum no.32/19 to 08.09.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: None for plaintiff.
Adv. Neha Tikam h/f. Adv. Sachin Kadam for deft. nos.1 to 4 present.
As per roznama dated 13.03.2019, plaintiff does not want to file reply to Ch/sum no.32/19. Therefore, matter be kept for hearing of Ch/sum no.32/19 and reply to Ch/sum no.874/19.
The matter is adjd for hearing of Ch/sum no.32/19 and reply to Ch/sum no.874/19 to 29.09.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: None for plaintiff.
Adv. Sachin Kadam for defts. present.
Heard Adv. For defts. on Ch/sum no.32/19.
Plaintiff and his advocate are absent. As per order dated 08.09.2021, Ch/sum proceeded without plaintiff\''s reply. It appears that plaintiff is not interested in defending this Ch/sum. Therefore, I shall proceed to decide it on merit.
ORDER BELOW CH/SUM NO.32/19
Perused the affidavit filed along with Ch/sum. It is submitted on behalf of deft. nos.1 to 4 that office of defendants received the summons. Concerned clerk was not aware that appearance has to be filed within 10 days of the receipt of summons. Delay was caused as the papers were not received from the concerned department within stipulated period. After receipt of summons, defendants made payment of Rs.3.3 Lakhs to plaintiff by cheque. Delay is not deliberate or intentional. It is submitted that deft. nos.1 to 4 want to contest the suit on merits.
Considering the reasons mentioned in the affidavit filed along with Ch/sum, it would be expedient to allow deft. nos.1 to 4 to appear before the Court in accordance with Order 37 Rule 3 of C.P.C. Hence, the following order.
ORDER
1. Ch/sum no.32/19 is allowed in terms of prayer clause (a).
2. No order as to costs.
3. Ch/sum no.32/19 is disposed of accordingly.
The matter is adjd for hearing on Ch/sum no.874/19 to 11.10.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: None for plaintiff.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Heard Adv. For deft. nos.1 to 4 on Ch/sum no.874/19.
ORDER BELOW CH/SUM NO.874/19
This Ch/sum is taken out by deft. nos.1 to 4 praying to condone delay of 33 days for filing leave to defend the suit.
It is submitted on behalf of defts. that summons for judgment were served upon them on 11.03.2019. However, deft. nos.1 to 4 were required to take information from various departments for filing leave to defend the suit and in that process, there was delay of 33 days in applying for leave to defend the suit. Deft. nos.1 to 4 prayed to condone the delay in applying leave to defend the suit.
Inspite of sufficient opportunities and time, plaintiff failed to file reply to this Ch/sum.
Perused the proceeding sheet. Roznama shows that plaintiff has applied for summons for judgment before proper appearance of deft. nos.1 to 4 as contemplated under Order 37 Rule 3 of C.P.C. As per order below Ch/sum no.32/19 dated 29.09.2021, deft. nos.1 to 4 are permitted to appear before the Court. Summons for judgment is taken out by plaintiff prior to appearance of the deft. nos.1 to 4. Therefore, it would be expedient to allow deft. nos.1 to 4 to contest the summons for judgment taken out by plaintiff. In the result, following order.
ORDER
1. Ch/sum no.874/19 is allowed in terms of prayer clause (a).
2. Deft. nos.1 to 4 are permitted to apply leave to defend the suit within 10 days.
3. No order as to costs.
4. Ch/sum no.874/19 is disposed of accordingly.
Adv. For deft. nos.1 to 4 tendered reply affidavit to S/J No.71/19. T.O.R.
The matter is adjd for hearing on S/J no.71/19 to 26.10.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Mahendra Sakpal, representative of defts. present.
Copy of the reply affidavit of S/J is served upon Adv. For plaintiff.
On the oral request of Adv. For plaintiff, the matter is adjd for hearing on S/J to 27.10.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Adv. For deft. nos.1 to 4 filed rejoinder to S/J. T.O.R.
Adv. For plaintiff sought adjournment for hearing on S/J. Adjournment as prayed for is granted.
The matter is adjd for hearing on S/J to 15.11.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Heard arguments of both the sides on S/J no.71/19.
The matter is adjd for order on S/J no.71/19 to 17.11.2021.
Next Purpose: ORDER
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: None for plaintiff.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
F.R.S.R. following order is passed below S/J No.71/19 -
ORDER
1. Unconditional leave to defend the suit is granted to defendants.
2. Defendants shall file their Written Statement within 30 days from today.
3. No order as to costs.
4. Summons for Judgment No.71 of 2019 is disposed of accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 17-11-2021