Kamran Mushtaq Shaikh - Suit St. No.179 of 2019VsM/s. Wed Enterprises

Date: 12-03-2019
Business: Resumed.
Adv. Smita Kadu for plaintiff tendered registered NM No. 913/2019.  According to her the report of service of summons is awaited.
Earlier order if any to continue till the next date.
Adjd for report to 09.04.2019.
Next Purpose: REPORT
Next Hearing Date: 09-04-2019

Date: 09-04-2019
Business: Incharge of C.R No.1
Adv. Satish Kumbhar for plaintiff.
Earlier order if any, continue till next date.
Matter is adjd to 22.07.2019 for N/M Reply.
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: Adv. Satish Kumbhar for plaintiff present.
The plaintiff has not removed objection.  Plaintiff to remove office objections.   Earlier order if any to continue till next date.
Adjourned for compliance to 26.9.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Adv. Kumbhar for plaintiff present.
The Ld. Advocate for the plaintiff undertakes to remove the office objection.
Earlier order if any to continue till next date.
Adjourned to 25.11.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Adv. Kumbhar for plaintiff present.
Adv for defendant absent.
Order below Exh. 07 - call say of defendant.
Earlier order if any continue till next date.
Adjd  for say to 07/01/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Adv. Kumbhar for plaintiff present.
None for deft.
Adv. Prashant Jadhav for intervenor present.
Affidavit of service filed by Adv. for plaintiff.  T.O.R.
Earlier order, if any, to continue till next date.
The matter is adjd for hearing on application to 09.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: Due to heavy rain, holiday is declared and the matter is adjourned to 24.09.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 08.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: Adv. Kumbhar for plaintiff present.
Ld Counsel for the plaintiff seeks time for hearing.
Earlier order if any,to continue till next date.
The matter is adjd for  hearing to 28.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv. Suresh Jadhav for plaintiff present.
None for deft.
Last chance is granted to plaintiff to remove the office objection and register the suit.
Earlier order, if any, to continue till next date.
The matter is adjd for compliance to 02.03.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Adv. Satish Kumar for plaintiff present.
None for deft.
Heard Adv. for plaintiff.
The matter is adjd for order on application under Order 2 Rule 2 of C.P.C. to 03.03.2021.
Next Purpose: ORDER
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv. Satish Kumbhar for plaintiff present.
None for deft.
ORDER
Read application.  Heard Ld. Counsel for plaintiff.  On perusal of application, it appears that the plaintiff craves leave under Order 2 Rule 2 of the Code of Civil Procedure for instituting separate suit in respect of the reliefs omitted.
The application is vague. Except in the application that the plaintiff has not sought the relief for damages, there is nothing to show that the relief which the plaintiff has omitted. The application does not demonstrate any reason whatsoever for omitting the reliefs.  The defendant cannot be vexed for multiple suits on same cause of action unless a case is made out for the same by supplying good reasons.  In absence of any reason for omitting the reliefs  neither in the plaint nor in the application, the application needs no consideration.  Hence, it is expedient to pass the following order.
ORDER
1.   The application under Order 2 Rule 2 of C.P.C. stands rejected.
2.  Office to register the suit if other objections are removed.
The matter is adjd for Ch/sum hearing to 16.04.2021.
Next Purpose: HEARING
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: As it was declared holiday by Hon\''ble High Court due to Covid-19, the matter is adjd
Next Purpose: HEARING
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 28.09.2021.
Next Purpose: HEARING
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Adv. Jadhav h/f Adv. Kumbhar for plaintiff is present.
Plaintiff is directed to take steps for registration of suit.
Plaintiff is also directed to tender on record original registered CH/S No. 241/2020.
On oral request of Adv.for plaintiff matter adjourned for NM and CH/S reply.
Earlier order, if any, to continued till next date.
Matter adjd for NM and CH/S reply on 20.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv. Swati Dubey for plaintiff present.
On the oral request of Adv. for plaintiff matter is adjourned.
Earlier order if any be continued till next date.
Matter is adjourned for NM Reply on 25/02/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: Adv. Suresh Yadav for pltff present.
None for deft.
Earlier order to continue if any.
Matter is adjd to 23/06/2022 for NM and CS hearing.
Next Purpose: HEARING
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: Adv. Satish Kumbhar for plaintiff is present.
KB till 4.00 p.m.
LO at 4.20 p.m.
Adv. Kumbhar for plaintiff is present.
None appeared for defendant.
The Ld. Adv.for the plaintiff submits that he is going to take instructions from his client and going to withdraw the matter. Matter is adjourned for steps.
Matter adjd to 08.07.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: None present for plaintiff.
The matter kept for dismissal.
Matter adjd to 29.08.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Adv.Swati Dubey for plaintiff is present.
None present for defendant.
She make a statement that the plaintiff is going to withdraw the suit on next date. The plaintiff is also directed to register the suit. On oral request the matter is adjd.
Matter adjd to 12.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Adv. Swati Dubey for  plaintiff is present.
None present for defendant.
The plaintiff is directed to get register the SU.
Matter adjd to 13.10.2022 for CH/S hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Adv. Swati Dubey for plaintiff is present.
Issue notice to both the parties for attending National Lok Adalat schedule to be held on 12.11.2022 at 10.30 a.m.
Matter adjd to 12.11.2022 for Lok Adalat.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-11-2022

Date: 12-11-2022
Business: None present.
Matter is not settled.
Adjourned to 24.11.2022
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Next Purpose: WITHDRAWAL
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: None present for plaintiff and defendant.
As Court is busy in heard argument in SU No.755/91 and SU No.8513/1992. Hence, matter adjourned for withdrawal.
Matter adjd to 24.03.2023 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: P.O. is on leave matter adjd.to
Next Purpose: WITHDRAWAL
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: P.O. is on leave (Second Session)
Matter adjd to
Next Purpose: WITHDRAWAL
Next Hearing Date: 04-07-2023

Date: 04-07-2023
Business: None present for plaintiff and defendant.
Matter adjd to 19.08.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: None present for plaintiff and defendant.
Roznama shows that the ld adv for plaintiff on 23.06.2022, 29.08.2022 and 24.11.2022 make a submission that the plaintiff is going to withdraw the suit. However, no steps taken. It further reveals that since 01.02.2023, none present for the plaintiff. Today the matter is under the caption of dismissal. None present for the plaintiff when called repeatedly. It seems that the plaintiff has lost interest in the matter. Hence, suit No.2344/2022 stands dismissed for want of prosecution.
As suit is dismissed the NM No.913/2019 also stands dismissed.
The plaintiff has not tender original CS No.241/2020. Hence, it stands dismissed and removed from board.
Nature Of Disposal: DISMISSED
Disposal Date: 19-08-2023

Filing Number: 102606/2019
Filing Date: 04-03-2019
First Hearing Date: 12th March 2019
Decision Date: 19th August 2023
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE