Final Order 1

Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 9 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100653/2019
Mr Ramniklal Petharaj Gada Vs 1. Mr Mishrilal Haribaran Gupta 2. Mr Suresh Anil Kunder
Date : 04-02-2020
Business : Advocate Mr. Sujit Nikam for Plaintiff present and filed
registered Notice of Motion no.1560/2019 with affidavit in
support, t.o.r. Advocate Mr. Shukla for Defendant no.1
present In Notice of Motion no.1560/19 Plaintiff has
claimed relief for issuance of commission for investigation
of place of business i.e. M/s India Restaurant situated on
plot no.1, Agra road, Nityanand nagar, near fish market
Ghatkopar, Mumbai -77 by invoking powers u/s 75 and
order 26 of CPC. Advocate for Defendant no.1 advocate
submitted that Plaintiff has filed Chamber Summons
no.653/19 for same relief i.e. for appointment of
commissioner and reply filed to said Chamber Summons is
being adopted by Defendant as reply for Notice of Motion
no.1560/19. Plaintiff advocate submitted that he will have
instructions from Plaintiff that whether suit premises is
demolished by BMC under road widening. It is made clear
that, if on next date, Plaintiff will not inform the court about
demolition or existence of suit premises, court will be
compelled to have to consider the submissions made today
and court will have to dispose off the suit considering the
fact that suit premises is not existing hence Plaintiffs claim
has become infructuous. Roznama dated 2803/2019 shows
that Plaintiff has not pressed the Chamber Summons
no.653/19 hence said Chamber Summons stands disposed
off as not pressed. Case is adjourned to 03/04/2020 for NM
for hearing.
Nature of Disposal : WITHDRAWL
Disposal Date : 04-02-2020
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