Date: 12-04-2019
Business: Adv for plaintiff Mr.Shetty present
Adv for plaintiff submitted affidavit of service
Exh 12 Adv for plaintiff filed application to waive service of chamber summons on deft no. 1 and 2.
O-Considering the fact that the application is filed for the change of name of plaintiff company and the matter has already proceeded against deft no. 1 and 2 the application is allowed.
Matter is Adjd for C/S 619/19 Hearing to 29/06/2019
Next Purpose: C/S HEARING
Next Hearing Date: 29-06-2019
Date: 29-06-2019
Business: Court is on leave, Board is discharged
Next Purpose: C/S HEARING
Next Hearing Date: 03-08-2019
Date: 03-08-2019
Business: matter adjourned
Next Purpose: C/S HEARING
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: P.O. is on leave. Board is discharged.
Next Purpose: C/S HEARING
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: None present.
Matter adjourned for C/S. Hearing to 05.02.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv Shetty for plaintiff present.
Adv for defendant absent.
Exh.13-Adv for plaintiff filed application for extension of time to carry out amendment in the plaint. Say of other side is called.
Matter adjourned for say on Exh.13 to 23.03.2020.
Next Purpose: C/S HEARING
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: Due to Covid 19 Lockdown
Next Purpose: C/S HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Next Purpose: C/S HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: C/S HEARING
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Business: Due to Covid-19 Lockdown
Next Purpose: C/S HEARING
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Both the parties and his advocate are absent.
Matter is adjd to 15.03.2021 for filing say.
Next Purpose: FILING SAY
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: P.O. IS ON LEAVE
Matter is adjd to 06.05.2021 for filing say.
Next Purpose: FILING SAY
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 17/08/2021 for Filing Say
Next Purpose: FILING SAY
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 12.10.2021 for filing say.
Next Purpose: FILING SAY
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Court is vacant
Next Purpose: FILING SAY
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: None present.
Matter is adjd to 17.01.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: None present.
Matter is adjd for taking steps to 11.03.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: P.O. is on Training
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: None for Plaintiff.
None for Defendant.
Order passed below Exhibit-13. Time granted to carry out amendment by next date.
Matter adj. to 02/07/2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-07-2022
Date: 02-07-2022
Business: None for Plaintiff.
None for Defendant.
The amendment is not carried out inspite specific Order dated 10/06/2022 below Exhibit-13. Hence, matter be kept for dismissal for non-compliance of Order of the Court.
Matter adjourned to 28/09/2022 for passing necessary Order.
Next Purpose: ORDER
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: None for Plaintiff.
None for Defendant.
On perusal of record it transpires that the matter is pending at the stage of hearing i.e. plaintiff\''s evidence since 15.03.2017. Meanwhile, plaintiff had filed chamber summons no.619 of 2019. The said chamber summons still seems to be pending. However, the original chamber summons is not on record. It appears that plaintiff has not tendered the original chamber summons which was taken out by him for registration on 14.03.2019.
It is further surprising to note that by application-Exhibit-13, plaintiff sought extension of time for carrying out the amendment. Plaintiff thereafter remained absent consistently till 10.06.2022. Therefore, this Court by order dated 10.06.2022 allowed the application-Exhibit-13, and thereby extended the time to carry out amendment. In spite of the said order plaintiff did not turn up to this Court. And as such no amendment was carried out.
Now today on minute inspection of the record it reveals that even the chamber summons no.619 of 2019 is still pending for hearing. But the original chamber summons or its copy is not on record. Thus, it appears that without there being any order on chamber summons no.619 of 2019, plaintiff had filed application-Exhibit013 for extension of time to carry out the amendment, which was not at all allowed by this Court. Thus, it transpires that the plaintiff has lost interest in the matter. Even though the matter was at the stage of hearing, plaintiff failed to appear before this Court and proceed with the matter. Therefore, I find no reason to adjourn the matter. Hence, suit stands dismissed in default. The chamber summons No.619 of 2019 does not survive and as such also stands disposed of.
Nature Of Disposal: OTHER
Disposal Date: 28-09-2022
