Date: 26-03-2019
Business: Resumed.
Adv. Ms. Mona Vyas for plaintiff present.
Tendered registered NM no. 1312/19 with affidavit and Ch/sum 669/19 with affidavit. She undertakes to serve the defendants.
Adjd to 12.6.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 12-06-2019
Date: 12-06-2019
Business: Adv. Mona Vyas for applicant present.
Adv. Mehta for deft. no. 2 present.
The Ld. Counsel for the applicant seeks time to take steps for the service of notice of NM to deft. no. 5a, 5b, 8a and 8b and also to file compliance report.
Adjourned for service affidavit of NM to 6.8.2019.
Next Purpose: SERVICE
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: Adv. Vivek Bartu for plaintiff present.
Adv. Pradhan for defendant nos. 5a 5b, 8a and 8b present.
Adv. Barucha for defendant no. 2 present.
Affidavit of service filed by the plaintiff. TOR.
Reply to chamber summons no. 669/19 filed by defendant nos. 5a 5b, 8a and 8b.
Reply to NM no. 1312/19 filed by defendant nos. 5a 5b, 8a and 8b.
Plaintiff to serve defendant nos. 3, 4, 6 and 7 by RPAD.
Adjourned for affidavit of service against defendant nos. 3, 4, 6, 7 and reply of defendant no. 2 on NM to 11.9.2019.
Next Purpose: SERVICE
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Business: Adv. Vivek Bhartu for plaintiff present.
Adv. Riya Menon for defendant no. 2 present.
Adv. Mr. Pradhan for deft nos. 5a and 5b, 8a and 8b present.
Affidavit of service filed on behalf of the plaintiff.
It appears that defendant nos. 3, 4, 6 and 7 have been duly served but they failed to appear hence Notice of Motion to proceed in the absence of defendant nos. 3, 4, 6 and 7.
Plaintiff to take steps to serve NM to defendant no. 9.
Vakalatnama filed by Adv. Vivek Bhartu on behalf of proposed plaintiff no. 2 to 5. O-Seen and filed.
Rejoinder filed by the plaintiff to the reply filed by defendant nos. 5a, 5b, 8a and 8b to NM.
Rejoinder filed by the plaintiff to the reply filed by defendant nos. 5a, 5b, 8a and 8b to chamber summons
The Ld. counsel for the deft. no. 2 submitted that the def. no. 2 will not file the reply and will directly argue on CS and NM.
Adjourned for hearing on NM and chamber summons to 3.10.2019.
Next Purpose: SERVICE
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Business: Adv. Vivek Bhartu with Adv. Shahzad Panday for applicants / proposed plaintiffs present.
Adv. Riya Menon for defendant no. 2 present.
Adv. for applicants / proposed plaintiffs tendered affidavit of service to defendant no. 9. On perusal of the postal endorsement it appears that the deft. no. 9 refused to accept the service . Hence, the NM 1312/19 and CS No. 669/19 to proceed in absence of defendant no. 9.
The Ld. Counsel for the defendant no. 2 seeks time for hearing on NM.
Adjourned for hearing on NM to 10.10.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Business: Adv. Devansh Mehta for defendant no. 2 present.
Adv. Shahzad Panday with Adv. Mona Vyas for applicants in chamber summons / proposed plaintiffs present.
Adv. Joshi h/f Adv. Pradhan for defendant nos. 5(a), 5(b), 8(a) and 8(b) present and seeks time on the count that the counsel Mr. Pradhan is not available due to personal difficulty.
Adjourned for argument on NM and CS to 7.11.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Business: Adv. Vivek G. Bhardu with adv. Shahzad M Panday for proposed plaintiffs present.
Adv. Pradhan for defendant nos. 5(a), 5(b), 8(a) and 8(b) present.
Written arguments to CS and NM filed on behalf of proposed plaintiffs.
Heard the Ld. Advocate for the proposed plaintiffs and defendant nos. 5(a), 5(b), 8(a) and 8(b) on CS and NM.
Adjourned for order on NM and CS to 22.11.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 22-11-2019
Date: 22-11-2019
Business: Adv. Vivek G. Bhardu with adv. Shahzad M Panday for proposed plaintiffs present.
Court is busy in other matters.
Adjourned for order on NM and CS to 28.11.2019.
Next Purpose: C/S HEARING
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: Advocate Bhartu along with adv. Shahajand Pandey for plaintiff present.
Advocate Pradhan for defendant present.
FRSR following order is passed.
1. NM 1312/19 is made absolute in terms of prayer clause (a) and (b) subject to cost of Rs. 3000/- to be paid to the defendant no.5a, 5b, 8a, 8b within a period of 2 weeks from today.
2. On payment of cost suit be restored to its original file.
3. Payment of cost is subject precedent.
NM is disposed of.
Adjd for 14/01/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Adv. Mr. Vivek G. Bhartu along with Adv. Mr. Shahzad M. Panday for plaintiff present.
Adv. Pradhan for deft. nos.5(a), 5(b), 8(a) and 8(b) present.
The applicants have complied the order and paid the cost to the deft. nos.5(a), 5(b), 8(a) and 8(b). The same has been confirmed by counsel of these defendants.
As the order is complied, the office to restore the suit to its original file and place it before the court.
The concern to act upon the authenticated copy of this order.
The matter is adjd for compliance from office to 11.02.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: ORDER BELOW CH/SUM NO.669/2019
Read Ch/sum. Heard. The applicants have filed this Ch/sum for incorporating them as legal heirs of original sole plaintiff. The suit was abated and disposed off on 20.12.2018. Subsequently, the applicants have taken out N/M no.1312/2019 for restoration of the suit. The suit is restored to original file. The counsel for defts. objected to the Ch/sum. But, the Ch/sum is only for taking the legal heirs of original plaintiff on the record. Hence, the objection of the defts. cannot be taken into account. Thus, it is expedient to pass the following order.
ORDER
1. Ch/sum No.669/19 is made absolute in terms of prayer clause (a) and (b).
2. Applicants to carry out necessary amendment i.e. adding themselves as party in place of the original plaintiff, within a period of two weeks from today.
3. Applicants to furnish amended copy of the plaint and supply it to the defendants within two weeks of carrying out the amendment.
4. No order as to costs.
5. Ch/sum No.669/19 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 11-02-2020
