Date: 20-03-2020
Business: None present.
Matter is called in morning. In view of advisory of Hon\''ble High Court concerning COVID-19, the matter is adjourned.
The matter is adjd for N/M reply to 23.06.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 14.12.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Adv. Prit Chawda for plaintiff present.
None for deft.
Adv. for plaintiff seeks time for reconstruction of misplaced Ch/sum no.1599/18. Granted.
The matter is adjd for compliance to 08.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv. Giriraj for plaintiff present.
None for deft.
Adv. for plaintiff tenders registered Ch/sum no.517/20. T.O.R.
Plaintiff to serve the respondents and tender affidavit of service.
The matter is adjd for service to 26.03.2021.
Next Purpose: SERVICE
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjourned to 14.07.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 15.09.2021.
Next Purpose: SERVICE
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Adv. Desai for plaintiff is present.
Adv. Panchal for respondent in CH/S is present and filed V/P t.o.r marked as Exh.4.
Adv.for plff has filed an application t.o.r marked as Exh.5.
Order below Exh.5
Perused the application. Heard Adv.for the plaintiff. In the interest of Justice, permission is granted to withdraw the CH/S No. 1599/18. Application Exh.5 is allowed and disposed of accordingly.
Order below CH/S No. 1599/18
It is the matter of record that original registered Chamber Summons No. 1599/18 is not tendered on record. Today the Adv.for the plaintiff by making an application Exh.5 has submitted that he intends to withdraw the Chamber Summons No. 1599/18. in view of his statement, the untendered registered CH/S No. 1599/18 stands disposed of as withdrawn. It be removed from the board.
Order below Ch/S No. 517/2020.
Perused the chamber summons and reply. Heard Ld. Adv.of both the sides. This chamber summons is for condoning the delay, setting aside order dtd. 23.07.2018 and restoration of the suit. This is supported by CA of plaintiff Nilesh Rane. The main suit for performance of MOU dtd. 12.11.2013. It is submitted that during the pendency of suit original defendant expired on 29.07.2017. The plaintiff became aware of the said fact on 15.01.2018 as mentioned in para no. 7 of the affidavit. Genuine reasons are mentioned in paras no. 8 to 17 for condoning the delay. The previous Chamber Summons No. 1599/18 was pending for service and in that the name Varsha Gogari was not mentioned. I have perused the order passed by my Ld. Predecessor dtd. 23.07.2018 wherein the suit was abated as the defendant was dead. The right to sue the legal heirs survives and therefore for contesting the suit on merits in my opinion this chamber summons needs to be allowed subject to payment of cost to be paid to DLSA, Mumbai. Hence, I pass the following order-
ORDER
Chamber Summons No. 517/2020 is allowed and made absolute interms of prayer clause (a) to (e) subject to plaintiff paying the cost of Rs.1000/- (Rupees one thousand) to the District Legal Services Authority, Mumbai within a period of two weeks from today. After payment of cost, the amendment to be carried out within two weeks and shall supply the copy of amended plaint within two weeks thereafter.
Chamber Summons is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 15-09-2021