Mr. Hareh M. Bilani (St. No. 2397 ofVsMr. Allen Velgaleti Franklin and Anr.

Date: 03-03-2020
Business: None present.
Already Adjd for Affidavit of Service of N/M to 05.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Daily Board,
Adv for plaintiff Mr.Mayur Faria present.
Adv for plff. tendered registered N/M 911/20 along with affidavit.
Adv for plff. filed affidavit of service with the remark that door is locked.
Matter is Adjd for Steps to 28.03.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-03-2020

Date: 28-03-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: National Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-07-2020

Date: 31-07-2020
Business: LOCKDOWN
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: Due to heavy rain fall holiday declared on 23.09.2020 hence, matter taken on todays board.
Matter adjd to 16.12.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: P.O. is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: Daily Board,
Adv for plaintiff Mr.Mayur Faria present.
None for the defendant.
Heard Adv for plaintiff.
Adv for plff. filed Affidavit of Service with the remark that Door is locked along with typed copy of email.
It appears Adv for plff. has filed Exh O page 78 with his plaint. In the letter it is stated by plaintiff that deft lives in Monaco and he may leave the country without making the payment.  From such letter of December 2019 it is clear that according to plaintiff deft is staying in Monaco. No previous record of exchange between both the parties by email also produced on record. Therefore, N/M has to be served on the current address of the deft in Monaco.  Therefore, plaintiff is directed to serve N/M on deft on his address in Monaco.
Matter is Adjd for Affidavit of Service to 04.01.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: Adv. Mayur Faria for plff present.
Adv.  for deft absent.
Heard. Perused the previous affidavit of service and the copy of public notice published in Free Press Journal. Considering the overall circumstances plaintiff to serve the copy of NM upon the defendant by speed post/RPAD. Matter be kept on 08.01.2021.
Adjd for report on 08.01.2021.
Next Purpose: REPORT
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: Adv.Mayur Fara for plff present.
 Allen V. Franklin/ deft no.1 in person  is present before the Court. He has filed reply on affidavit of NM. Taken on record. Copy of reply served upon Adv.for plff. Heard. A preliminary objection regarding the fact that the copy of plaint and documents are not served upon deft no. 1. Today the Adv.for the plff has served the copy of plaint along with documents on deft no. 1.
The plff is directed to remove the objection and get the suit registered.
Perused the plaint, and the contents of NM. Heard Adv.for plff and deft no. 1 in person. (Deft no. 2 is a formal party and only deft no. 1 is contesting party)
Both of them consented for referring the matter to the mediation. Considering the urgency as NM is pending, in my opinion it should be a time bound mediation of eight days. As per the provisions of Section 89 of the CPC , the parties are referred to mediation. In fact this is a suit for recovery of an amount and parties could be benefited through the process of the mediation. Parties to the suit to take note that mediation is a confidential process and is in good faith.
Both plaintiff and defendant no. 1 to attend the District Mediation Centre on 11.01.2021 at 11 .00 am . So far as the proceedings are concerned the  Mediator is requested to complete the  mediation within eight days and submit the report.
Adjd for Mediation report on 18.01.2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Adv. Varsha Gangavane for  the plff/applicant is present.
Adv.for plff is again directed to remove the objection and take steps for getting the suit registered. It is submitted that the mediation talks are in progress and it is fixed today before the Mediator. Hence, matter is adjourned for Mediation Report on 27.01.2021.
Adjd for Mediation Report on 27.01.2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: Adv. Varsha Gangavane for the plff  is present.
Report received from Mediation Centre that the matter is not settled t.o.r  marked at Exh.2.
The plff is directed to take steps for the registration of Suit 2397/2020.
Adjd for NM hearing on 02.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021

Date: 02-02-2021
Business: Plaintiff Harish Bilani is present.
Adv. Mayur Faria for the plaintiff is present.
None for defendant.
Defendant no. 1 is absent.
Matter be KB at 2.45.p.m.
LO at 3.25 p.m.
Plaintiff and Adv. for plaintiff is present.
None appeared for the defendants.
The defendant no. 1 to attend the Court on next date.
Matter be kept for hearing on NM No. 911/2020.
Adjd for NM hearing on 15.02.2021.(Afternoon Session)
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: As P.O. is on online 40hrs. Mediation Training Programme, as a trainer from MCPC scheduled to be held from 15.2.21 to 22.2.21.  Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Adv. Ms. Varsha Gangavane  For plff present.
Adv. Ms. Geeta Boudh for deft. present.
Adv. for the defendant filed Vakalatnama t.o.r. marked as Exh. 03.
On oral request for the adv. for the plff. matter is adjd for N/M hearing on 30.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: None for plaintiff.
Adv. Das gupta for defendant no.1 is present.
Defendant no.1 Allian Franklin is present.
As none appeared for plaintiff the matter is adjourned for NM hearing.
Matter adjd for NM hearing on 16.04.2021. (Afternoon Session)
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: As per Office Order No. 79/21, holiday is declared on 16/04/2021. Hence, adjd to 30/07/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
The matter is adjd to 20.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: (Matter received from Court Room No. 14)
None present.
Matter stands adjourned to 22.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Matter called out at 3.55 p.m.
None present.
Matter stands adjourned to 15.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Business: Matter called out at 12.13 p.m.
Adv. Dhanraj Lodha for plaintiff present.
He tendered VP. TOR. Exh.4.
O-Seen and filed.
He also tendered draft NM with affidavit in support.
O-Leave granted to register.
Draft handed over to the plaintiff for registration.
The aforesaid documents are also received through mail.
He undertakes to serve the other side.
NM No.911/2020 is not pressed by the plaintiff. Hence, disposed of.
Matter stands adjourned to 11.02.2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Matter called out at 11.38 a.m.
Adv. Dhanraj Lodha for plaintiff present. He tendered reg. NM No.456/22 a/w affidavit of service. TOR.
Matter pertains to afternoon session hence, kept back.
Later on none present.
Matter stands adjourned to 30.03.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Matter called out at 3.58 p.m.
Adv. Melisa Rodrigues for plaintiff present.
None present for defendant.
Plaintiff is directed to remove office objections on or before next date.
In the event of failure, suit will be dismissed for non-prosecution.
Matter stands adjourned to 13.07.2022 for reply.
later on at 4.04 p.m.
Adv. Melisa Rodrigues for plaintiff present.
Adv. Vrushali Kabare for Deft. No.1 present. She tendered VP. TOR. Exh.4
She also tendered reply to NM No.456/2022. TOR.
Copy served to the other sides.
Already adjourned to 13.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: P.O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: Adv. Dhanaraj Lodha for plaintiff present.
Defendant present.
Ld. Adv. for plaintiff submitted that, settlement talks are going on and hence time be granted.
Matter Adjd for report on 04/10/2022.
Next Purpose: REPORT
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: None present.
In view of order dt.02.08.2022, the main suit is already disposed off. Hence The NM No.456 of 2022 is disposed off accordingly. No order as to costs.
Nature Of Disposal: OTHER
Disposal Date: 04-10-2022

Main Case No: SUMMARY CIVIL SUIT/0100454/2022
Main Cnr: MHCC010022052020
Main Filing No: 113080

Registration Number: 100911/2020
Transfer Date: 18-08-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Registration Number: 100911/2020
Transfer Date: 13-07-2022
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 13 - COURT 13 ADDL SESSIONS JUDGE

Filing Number: 102680/2020
Filing Date: 28-02-2020
First Hearing Date: 03rd March 2020
Decision Date: 04th October 2022
Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE