Date: 08-09-2021
Business: Adv. Pratik Korgaonkar for the plaintiff.
Plaintiff present.
Adv. Pratik Korgaonkar submitted that the suit is filed as commercial suit and he wants to proceed by following the routine procedure instead of following order XXXVII of the C.P.C. Considering his submission, the plaintiff is directed to issue writ of summons to the defendants.
Matter is adjd.to 27.10.2021 for writ/sum.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Plaintiff Pranav Mane present and filed affidavit of service with original writ of summons and two acknowledgments t.o.r. and marked as Exh.2
Defendant Naresh Punamia present and he has shown to the Court copies of the plaint and documents received with writ of summon by his wife Sangeeta 3-4 days ago.
Matter is adjd.to 11-11-2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: None for plaintiff.
Adv. Niyati Sontakke for defendants no. 1 & 2 present and filed vakalatnama t.o.r. and marked as Exh. 3.
Adv. Niyati Sontakke submitted that she wants some time for filing written statement and prayed for short adjournment. - granted.
Matter is adjd.to 02-12-2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Adv. Tasneem Husain alongwith constituted attorney of plaintiff present.
None for defendant
Matter is adjd.to 06-01-2022 for No WS order.
Next Purpose: ORDER
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Constituted attorney of the plaintiff present.
Adv. Utsav for defendant present and prayed for adjournment for filing written statement – short date be given.
Matter is adjd.to 21-01-2022 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: Adv. Ms. Riddhi Ashar h/f Yogesh Gandhi for plaintiff present.
None for defendant.
Matter is adjd.to 14-02-2022 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: CA of the plaintiff present.
Adv Ayush Khandelwal for defendant present and submitted that short date be given for filing WS.
As per oral request of the advocate for the defendant date is given as a last chance.
Matter is adjd.to 28-02-2022 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Adv. Reyna Kothari a/w Adv. Yogesh Gandhi along with Constituted attorney of the plaintiff present.
None for defendant
On perusal of record, it appears that the defendants were duly served with writ of summons Exh. 2 and they appeared through Adv. Niyati Sontakke and filed Vakalatnama Exh. 03 on 11-11-2021. Record shows that sufficient opportunity was given to the defendants for filing written statement, but they failed to avail the same. Statutory period of 120 days has passed. Hence, suit to proceed without written statement against defendants no. 1 and 2.
Matter is adjd.to 19-03-2022 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: CA of Plaintiff present.
Adv. Aayush Khandelwal for defendant present and prayed for adjournment for filing NM to set aside without WS order. - Short date be given.
Matter is adjd.to 31-03-2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Constituted Attorney of plaintiff namely Pranav Mane present.
Adv. Ayush Khandelwal h/f Utsav Sarvaiya/Gaurang C. Jhaveri for defendant present and tendered draft NM with supporting affidavit for setting aside without written statement order dtd. 28-02-2022 t.o.r. and Leave is granted to register the NM.
He also filed written statement for the defendants t.o.r.
Exhibition of written statement shall be subject to decision in NM.
Constituted Attorney of plaintiff namely Pranav Mane received copy of draft nm and written statement.
Matter is adjd.to 13-04-2022 for filing registered NM
and reply. (2.45pm)
Next Purpose: REPLY
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: None for plaintiff.
Adv. Ayush Khandelwal for defendant present and filed original registered NM No. 1411/22 with supporting affidavit t.o.r.
LO at 3.30 pm
Adv. Yogesh Gandhi for plaintiff present and filed affidavit in reply in NM No. 1411/22.
He also placed on record copy of affidavit in reply in NM No. 1411/22 for defendant.
The plaintiff is directed to serve copy of affidavit in reply in
NM No. 1411/22 upon the defendant.
Matter is adjd.to 28-04-2022 for NM reply. (2.45pm)
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Constituted Attorney of plaintiff namely Pranav Mane present.
None for defendant
Matter is adjd.to 24-06-2022 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Adv. Yogesh Gandhi for plaintiff present.
Mr. Pranav Mane, representative of plaintiff present.
Adv. Isha Bafna for defendant present.
Adjd for NM hearing to 11/07/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Yogesh Gandhi for plaintiff present.
Adv. Ms. Vedangi Satam for defendant present and sought adjournment.
Adjd for NM hearing to 27/07/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Ayush Khandelwal for defendant present and seeks adjournment. Granted as last chance for filing rejoinder.
Plaintiff present. Adv. for defendant present.
Adjd for NM reply/NM hearing to 03/08/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv. Nishit Joshi for defendant present.
Adv. Yogesh Gandhi for plaintiff present.
Heard arguments of adv. Nishit Joshi for defendant and adv. Yogesh Gandhi .
Adjd for NM orders to 08/08/2022
Next Purpose: NM ORDERS
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv. Payal Shah i/b Adv. Yogesh Gandhi for plaintiff present.
Adv. Nishit Joshi for defendant present.
FRSR the following order is passed in NM No. 1411 of 2022
ORDER
1. The notice of motion no. 1411 of 2022 is allowed.
2. The order dated 28.02.2021 directing the suit to proceed without Written statement of defendant No. 1 and 2 is set aside and defendant nos. 1 and 2 are permitted to file written statement.
3. Accordingly, the notice of motion no. 1411 of 2022 is disposed of.
Written statement of defendants is marked as Exh. 4
Adjd for admission denial to 30/08/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv. Yogesh Gandhi for plaintiff present. Plaintiff to file admission denial on next date.
Representative of Plaintiff present. None for defendant when called.
Adjd for admission denial to 12/09/2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Court is on leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: Adv. Yogesh Gandhi for plaintiff present.
None for defendant when called.
Defendant has not filed any document hence question of admission denial by plaintiff will not arise. Defendant has not filed admission denial till date.
Adv. for plaintiff filed list of original document relied upon by plaintiff t.o.r. and marked as Exh. 5 O- Filed
Exh- 6 Issues framed
Adjd for case management hearing to 17/11/2022
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: Plaintiff present. None for defendant when called.
Adjd for case management hearing to 06/12/2022
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Court is on leave
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 02-01-2023
Date: 02-01-2023
Business: Plaintiff present.
Adjd for case management hearing to 13/02/2023
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: PO on leave. Board discharged. Matter adjd.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: Savio Dcruz h/f Yogesh Gandhi for plaintiff present.
Plaintiff in person Present.
None for defendant.
Matter referred to Lokadalat
Case is adjourned to 30.04.2023 for Lokadalat
Next Purpose: Lok-Nyayalay
Next Hearing Date: 30-04-2023
Date: 30-04-2023
Business: Representative of plff namely Girish Gidhe present.
None present for the deft.
Case not settled in lok adalat.
Adj. to 04/07/2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 04-07-2023
Date: 04-07-2023
Business: M/s. Kiran Metal Corporation through its Manager Mr. Prnav Ashok Mane Vs Mr. Naresh Punamia
Intern Payal Shah present for plaintiff.
Exh.07-Application filed by Adv. Yogesh Gandhi, stating that, the plaintiff company has instructed Adv. Yogesh Gandhi as not to conduct the matter.
Authorised re-presentative of plaintiff Company called, but absent.
Plaintiff side to take steps.
Matter adjourned to 24.07.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: Adv. Payal Shah present for plaintiff.
Exh.8 - Application filed by Adv. Yogesh Gandhi submitting that, the plaintiff had instructed him by email as not to conduct the suit.
In backdrop of the application plaintiff side to take appropriate step by next date.
Matter adjourned to 01.12.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-12-2023
Date: 01-12-2023
Business: Kiran Metal Corporation V/s Naresh Punamia
Adv. Ramesh Jain present for plaintiff.
Plaintiff witness absent.
Exh.9 - V/P filed by Adv. Jain for plaintiff.
Exh.10 - Evidence affidavit of plaintiff witness Pranav Mane.
Defendant side called, but absent.
Parties to take steps.
Case adjourned to 06.02.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: Kiran Metal V/s Naresh Punamia
All called, but absent.
Parties to take steps. Else, put for dismissal order.
Suit adjourned to 20.02.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 20-02-2024
Date: 20-02-2024
Business: Kiran Metal V/s Naresh Punamia
All called, but absent.
Plaintiff to take steps.
Suit adjourned to 29.02.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 29-02-2024
Date: 29-02-2024
Business: Kiran Metal V/s Naresh Punamia
All called, but absent.
Plaintiff to take steps. Else, put for dismissal.
Suit adjourned to 08.04.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: Kiran Metal V/s Naresh Punamia
All called, but absent.
Suit is filed on 14.03.2020, as Commercial Suit No. 1001145 / 2021, for recovery of Rs. 18,31,573/- with interest @ of 18 percent per annum.
My Learned predecessor has framed issues at Exh.6 on 06.10.2023 since the suit is pending for evidence of plaintiff.
Roznama shows that, plaintiff filed evidence affidavit on 01.12.2023. However, he did not filed List of documents. Since then, plaintiff is continuously absent.
Vide roznama Orders 04.07.2023, 24.07.2023, 01.12.2023, 06.02.2024, 20.02.2024 and 29.02.2024, plaintiff was directed to take steps. Despite that, plaintiff failed to take steps.
Sufficient time and opportunities were available to the plaintiff for taking steps.
It appears that, plaintiff is not interested in trial and hence, is not taking any steps. It is also not his case that, the dispute is subjudice before the Honorable Appellate Court and hence he is not taking any steps.
No reason is forthcoming for absence and inactivity of plaintiff. Therefore, no purpose would be served by keeping the Suit pending for indefinite period. Hence, following order is passed.
Order
1. Commercial Suit No. 101145 / 2021, Kiran Metal V/s Naresh Punamia, is dismissed for want of prosecution.
2. Order dictated and pronounced in open Court at 17.00 Hrs.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 08-04-2024
