Date: 26-03-2019
Business: Resumed.
Adv. Mr. Dalal for plaintiff present.
He tendered registered N/M 1282/19 with affidavit and also service affidavit showing is that the notice was served on the defendant.
Adjd to 27.3.2019 for argument\''s on ad-intrim reliefs.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-03-2019
Date: 27-03-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-03-2019
Date: 28-03-2019
Business: Resumed.
Adv. Dalal for plaintiff and Adv. Mayuresh Nagle for defendant are present.
Adv. Dalal tendered registered NM No. 1282/2019 with affidavit seeking ad-interim injunction for restraining the defendant from committing any tortuous act interfering/obstruction normal functioning at the office premises of the plaintiff by holding agitation etc.
kept back for orders.
L.O. The P.O. is busy in hearing other civil matter and passing orders.
CTO.
Adjd for orders on ad-interim reliefs to 29.03.2019.
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 29-03-2019
Date: 29-03-2019
Business: Resumed.
Adv. Zubin Dalal for plaintiff is present. None for defendant.
FRSR the following order is passed on ad-interim relief.
ORDER
1. Ad-interim relief is rejected.
Adjd for NM reply and report of service of writ of summons to 01.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-07-2019
Date: 01-07-2019
Business: Adv. Priyanka Upadhyay I/b M/s Manilal Kher Ambalal and company for plaintiff present. Affidavit of service of writ of summons filed by plaintiff. Put up for further order/ hearing NM Adjourned for NM hearing / further order to 23.8.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: Advocate Priyanka Upadhyay for plaintiff present.
None present for defendant.
On perusal of affidavit of service it appears that the defendant was served by speed post. The defendant failed to appears. Hence, suit to proceed Ex-parte against defendant.
Adjourned for NM hearing to 07.10.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2019
Date: 07-10-2019
Business: hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Adv. Faisal S. for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time to file evidence. Granted.
The matter is adjd for evidence to 24.03.2020 at 11.00 am.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Business: adjourned
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: As per office order no.7742020 dated 15.4.2020 and due to lock-down, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-05-2020
Date: 28-05-2020
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: RECORDING EVIDENCE
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Business: Due to Covid-19, the matter is adjourned to 09.02.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv. Sidharth Dhavle for plaintiff present.
None for deft.
The matter is adjd for hearing on N/M to 08.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv. Faizal Sayyad for plaintiff present.
None for deft.
Adv. for plaintiff submitted that plaintiff will file evidence on next date and take call on pending N/M, hence adjourned for evidence.
The matter is adjd for evidence to 27.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: None present
As HHJ on leave as declared COVID positive, hence the matter is adjd to 10/06/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: None present.
The Suit No. 1167/19 in which this notice of motion is taken out is already fixed on 07.10.2021. Hence, this NM also kept on 07.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv. Santosh Budhwani i/b Manilal Kher Ambalal and Co.for plaintiff is present.
None for defendant.
It is submitted by the Ld.Adv.for the plaintiff that the order below NM No. 1282/19 dtd. 29.03.2019 is challenged before Hon\''ble Bombay High Court and AO No. 925/19 is pending and listed for hearing. On oral request of Adv.for plaintiff matter adjourned for NM hearing.
Matter adjd for NM hearing on 30.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv. Vinit Vaidya for plaintiff present.
None for defendant.
It is submitted by the learned advocate for the plaintiff that the order below in NM no. 1282/19 dated 29/03/2019 is challenged before Hon\''ble High Court is pending, on oral request of advocate for the plaintiff matter is adjourned.
Matter adjd.to 15/02/2022 for NM hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv. Santosh Budhwani for pltff present.
None for deft.
It is submitted by the ld adv for the pltff that the order below NM No. 1282/19 dt 29/03/2019 is challenged before the Hon\''ble High Court and is pending. On oral request of adv for pltff, Matter is adjd to 27/04/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1)
Adv. Santosh Bhudhwani for plaintiff present and tendered a pursis. t.o.r. marked as Exh. 04.
Matter is adjd to 11/08/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Adv. Santosh Budhwani for plaintiff is present.
None present for defendant.
The Ld. Adv.for plaintiff has filed pursis t.o.r marked as Exh.5 and submitted that the appeal from order dtd. 19.03.2019 thereby this Court refuses to grant ad-interim relief is pending before the Hon\''ble High Court. The plaintiff is directed to bring appropriate order from the Hon\''ble High Court. Else the NM will be proceeded further as pending since 2019.
Matter adjd to 07.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: Adv. Santosh Budhwani for plaintiff is present.
None present for defendant.
The Ld. Adv.for plaintiff make a statement that the plaintiff is going to withdraw the suit on next date with liberty to file afresh. Hence, on oral request of Adv.for plaintiff matter adjourned for withdrawal.
Matter adjd to 05.12.2022 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: Adv. Santosh Budhwani for plaintiff is present.
Mohammed Sahil, Representative of plaintiff present.
None for defendant when called.
Plaintiff filed application for withdrawal of suit subject to liberty be granted to plaintiff for initiating fresh proceeding on same cause of action. T.O.R Marked Exh. 6.
Authority letter filed. T.O.R. marked as Exh.6A
Order passed below Exh.1
Plaintiff and his Ld. Advocate present. Upon personal verification to the Asst. Officer, Accounts Mohammed Sahil. He submitted that plaintiff do not want to proceed with the matter and hence it be withdrawn with liberty to file fresh on same cause of action. Considering the submissions, permission to withdraw the suit with liberty to file fresh suit on same cause of action subject to the question of limitation. Matter is disposed off accordingly.
Order passed below Notice of motion no. 1282 of 2019
As the matter is disposed off, Notice of motion No. 1282/19 is disposed off accordingly.
Nature Of Disposal: ORDER
Disposal Date: 05-12-2022
