Date: 24-06-2019
Business: Advocate Mr. Tripathi for Plaintiff present
Advocate Mr. Narwade for Defendant no.4 present
Court is busy in dictating Judgment in suit no.3522/2012 which is Supreme Court Time bound matter, hence case is adjourned to 20/08/2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 20-08-2019
Date: 20-08-2019
Business: Advocate K. S. Tripathi for Plaintiff present
Advocate Ashutosh Mantri for Defendant no.4 present and submitted that he is instructed by Defendant no.4 to appear in the matter and on next date he will file vakalatnama and if Plaintiff will provide him the copy of plaint and documents annexed to it, he will file Written Statement on next date.
Plaintiff is directed to file affidavit of service writ of summons.
Plaintiff advocate served copy of plaint and documents annexed to it upon advocate Mr. Mantri for Defendant no.4.
Case is adjourned to 18/10/2019 for filing affidavit of service of writ of summons and Written Statement of Defendant no.4.
Next Purpose: SERVICE
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Advocate K. S. Tripathi for Plaintiff present and filed affidavit of service of writ of summons along with postal acknowledgment showing that summons is received by Defendants.
None present for Defendant.
Case is adjourned to 12/12/2019 for exparte order against Defendant no.1,2 and 3 and for no Written Statement order against Defendant no.4.
Next Purpose: ORDER
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: Adv. K.S Tripathai For Plaintiff present. Submitted that since last 4 months Defendant not filing their written statement.
Adv. Sarambalkar For Defendant No. 4 filed vakalatnama. t.o.r.
Adv. Bagwala H/f Kalpesh Nancy Defendant No. 1 and 2 present.
Both Ld. layers for Defendant submitted that on next date they will take out the NM if required to condoned the delay. Considering submission adjd for taking steps by for filing there written statement.
Case is adjourned to 04/02/2020 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Advocate Mr. K. S. Tripathi for Plaintiff present
None present for Defendant.
It is directed that Defendant should serve the copy of Notice of Motion taken out by Defendant upon Plaintiff and to tender registered NM.
Case is adjourned to 03/04/2020 for Compliance/NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 17-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020
Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Business: None present for plaintiff.
None present for Defendant.
Due to Corona it seems no parties turn to the court hence adjd. to 14/12/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv Mr. Tripathi for plff present.
Adv Mr. Gupta for deft No. present register NM No. 320/2020 along with affidavit in support. Copy served on adv. for plff. today.
By consent, matter is adjd. for NM reply/ hearing to 23.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Adv Mr. Tripathi for plff present and seeks time to file reply in NM No.320/2020.
Adv Mr. Shaikh h/f Adv Sarambalkar for deft present.
By consent, matter is adjd. for NM reply to 22.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Adv Mr. Tripati for plff present and filed reply in NM NO. 320/2020.
Adv Ms. Reema Swami present for deft.No.4 and seeks time to file rejoinder.
Matter is adjd. for rejoinder to 14.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Adv Mr. Tripathi present for plff. and seeks adjournment.
Adv Mr. Sarambalkar present for deft.No.4.
None present for other defts.
By consent, matter is adjd. for NM reply to 21.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: Adv Mr.Tripathi present for plff.
Adv Ms. Reema Swami present for deft.No.4 and seeks adjournment.
By consent, matter is adjd. for NM hearing to 07.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv Mr. Tripathi present for plff.
Adv Ms. Reena for deft No.4 present.
Heard arguments in N.M.No.320/2020.
F.R.S.R. following order is passed in N.M.No.320/2020
ORDER
Notice of Motion No. 320/2020 is allowed subject to cost of Rs.1000/-.
Defendant No.4 shall pay the amount of cost to the plaintiff directly or shall deposit it in the Court on or before next date.
----
Matter is adjd. for compliance to 14.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: Adv.K.S.Tripathi for plaintiff present.
None present for deft.No.4.
Compliance of order dated 07.03.2022 is remained to be made by the defendant No.4. Hence, keep for order.
Matter adjd to 20.07.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: None present for both sides.
Defendant No.4 has not complied with the order dated 07.03.2022 in NM No.320/2020. Hence, suit to proceed without written statement of defendant No.4.
Matter adjd to 13.09.2022 for steps by plaintiff.
Judge
LO at 11.30 pm
Adv.Tiwari for plaintiff present.
Matter adjd to 13.09.2022 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Adv.K.S.Tripathi for plaintiff present.
None present for defendant.
ORDER BELOW EXH.1
As per order dated 20.07.2022 suit is proceeded without written statement of defendant No.4. Read the roznama dated 18.10.2019, suit was adjourned for passing ex-parte order against defendant No.1 to 3. Read the service affidavit dated 17.10.2019 which is filed on 18.10.2019. Defendant No.1 to 3 are served with the suit summons. They failed to appear, hence, suit to proceed ex-parte against defendant No.1 to 3. Suit to proceed without written statement of defendant No.4.
Matter adjd to 10.11.2022 for R/E of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Adv.K.S.Tripathi for plaintiff present.
Adv.Samir Sarambalkar for deft. No.4 present.
Record shows that defendant No.4 has not complied with the order dated 07.03.2022. The Adv.for defendant No.4 is ready to comply with the same.
Matter adj. to 05.01.2023 for compliance/order against deft.No.4/ recording of written statement of deft.No.4/issues.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Adv.K.S.Tripathi for plaintiff present.
None present for deft.No.4. Read the order dated 07.03.2022 the defendant No.4 has failed to comply with the same till today. Hence, suit to proceed without written statement of defendant No.4. Suit is already ex-parte against deft.No.1 to 3.
Matter adjd to 09.02.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2023
Date: 09-02-2023
Business: Adv.K.S.Tripathi for plaintiff present.
Adv.Reema Swami h/f.Adv.Sameer Sarmalkar for defendant No.4 present.
On oral request of the plaintiff, matter adjd to 17.03.2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: Adv.K. S. Tripathi for plaintiff present.
None present for defendant.
On oral request of the plaintiff matter adjd to 27.04.2023 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: 27.04.2023
(19)
CORAM : SHRI R.A. SASNE, AD-HOC ADDL. SESSIONS JUDGE
FOR GREATER MUMBAI, (C.R.No.62)
SU
1291/19
Adv. Mr. K.S. Tripathi for plaintiff present.
None present for defendant.
The plaintiff filed affidavit of evidence of Zulfikar Tasadduk Ratlamwala PW-1. It is t.o.r and marked as Exh.3.He also filed compilation of documents t.o.r. and marked as Exh.4.
Matter adj. to 6.7.2023 for admissibility of documents.
Judge
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-07-2023
Date: 06-07-2023
Business: None for plaintiff.
None for defendant
LO 12.10pm.
Adv. Tripathi for plaintiff present.
Adv. Sarambalkar for defendant no. 4 present.
After considering the submissions advanced by the Ld. Counsels appearing for the plaintiff and defendant no. 4, the nature of the documents and the evidence of PW - 1 with regards to those documents I find that documents at serial no. 1,2,5,6,7,9,11,12,13,14,15,16,17,18 and 19 from the list Exh. 4 are admissible in evidence and have been duly proved by PW - 1. Hence, those documents are marked as Exh.5 to 19. The documents at serial no. 3,4,8 and 10 being the photocopies are not admissible in evidence and hence, are excluded from the admissible evidence.
Matter is adjd.to 07-08-2023 for cross-examination by pw-1 by defendant no. 4
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: Adv. Krishnagopal Tripathi for plaintiff present.
None for defendant
Matter is adjd.to 11-09-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: Adv. Tripathi for plaintiff present
None for defendant
PW -1 is present to face cross examination by the adversaly who is being not present to cross examine the PW -1 Julfikar Tasadduk Ratlamwala, a senior citizen, the PW -1 is discharged without cross examination by the advocate. The plaintiff filed a pursis closing his evidence t.o.r. marked as Exh.20
Matter is adjd.to 17-10-2023 for evidence of deft.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-10-2023
Date: 17-10-2023
Business: Adv. a/w plaintiff present.
None for defendant
Since none appeared for the defendants, their evidence stands closed.
Heard the argument of Ld. Counsel K. S. Tripathi for plaintiff.
Matter is adjd.to 30-10-2023 for Ex parte Judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: Adv. K. S. Tripathi for plaintiff present.
None for defendant
Matter is adjd.to 09-11-2023 for Ex parte judgment
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: Adv. Tripathi for plaintiff present.
None for defendant
Matter is adjourned to 24-11-2023 for ex parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 24-11-2023
Date: 24-11-2023
Business: Adv. Krishna gopal Tripathi for plaintiff present.
None for defendant
F. R. S. R. following order passed -
ORDER
1. The suit stands partly decreed against defendant Nos.1 to 3 with proportionate costs.
2. The defendant Nos.1 to 3 shall jointly or severally pay the plaintiff a sum of Rs.1,00,000/- as compensation alongwith future interest at the rate of 12 percent p.a. on the said amount till its realization.
3. The suit stands dismissed against defendant No.4.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 24-11-2023