Sureshchandra Anraj SottanyVsParesh Maniklal Shah

Date: 02-07-2019
Business: None present for Plaintiff.
None present for Defendant.
It seems that, due to heavy rainfall in Mumbai, parties and  their advocates are unable to attend the Court, hence case is adjourned to 11/09/2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 11-09-2019

Date: 11-09-2019
Business: Advocate Shetty for Plaintiff present and filed an application for extension of time for service of writ of summons hence time extended till next date for service of writ of summons.
None present for Defendant.
Case is adjourned to 20/11/2019 for filing affidavit of service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 28-01-2020

Date: 28-01-2020
Business: P.O. is on Leave.
Next Purpose: SERVICE
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: National Lock down
Next Purpose: SERVICE
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: SERVICE
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: Adjourned due to covid-19.
Next Purpose: SERVICE
Next Hearing Date: 18-09-2020

Date: 18-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 06/11/2020.
Next Purpose: SERVICE
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 08.02.2021
Next Purpose: SERVICE
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: Adv Mr. M.D. Mali for plff present and submitted that summons sent by RPAD to the deft is received back with endorsement as left. He produced returned envelope with affidavit at Exh. 2. He seeks time to take steps and requested to keep the matter in the month of June  after summer vacation.
On the request of advocate for plff matter is adjd. 11.06.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: PO is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: As Court is busy in dictating Order in Commercial Suit No.1075/2021.  Hence, Matter is adjd to 10.08.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Adv.Sumit Mali i/b.M.D.Mali and Co. for plaintiff present.
None present for defendant.
The plaintiff filed application for extension of time to serve the summons, Exh.3. O-Time extended for service of summons. Fresh summons be served as prayed.
Matter adjd to 04.10.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Adv. Sumit Mali present for plaintiff.
None present for defendant.
The plaintiff filed application for issuance of fresh summons. Exh.4
O-Issue fresh summons by RPAD.
Matter adjd to 09-11-2021 for  service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.01 pm,
None present.
Matter adjd to 14.12.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: HHJ is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 18.02.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: None present for plaintiff.
None present for defendant.
No service affidavit is filed. Keep for order against plaintiff.
Matter adjd to 25.03.2022 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: HHJ on leave.
Next Purpose: ORDER
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: PO is on leave
Next Purpose: ORDER
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: Plff present. Adv Mali present for plaintiff and filed  application at Exh.5 for fresh summons to deft. O-Application is allowed.
None present for defendant.
Matter adjd to 19.07.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Adv. Sumit Mali h/f Adv M. D. Mali Present for Plff.
Adv. Dinesh Mishra Present for Deft.
Ex.06- VP filed by Adv Dinesh Mishra for deft.
Adv for plff seeks time for service affidavit. Granted.
Adj. For Service affidavit on 10/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Lalit Mali h/f Adv M. D. Mali Present for Plff.
None Present for Deft.
Adv of plff seeks time for filing service affidavit. Granted.
Adj. For Service affidavit and WS on 06/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Adv. Sumit Mali Present for Plff and seeks time to file service affidavit. Granted.
None Present for Deft.
Adj. For Service affidavit on 11/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv. Sumit Mali h/f Adv. M. D. Mali Present for Plff.
None Present for Deft.
Ex.07 - Adv of plff has filed service affidavit along with RPAD card. It shows that deft served with suit summons on 07/07/2022 but till today he did not appear. Hence suit be proceeded ex-parte.
Adj. For Ex-parte Evidence on 11/11/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: Adv. Sumit Mali I/b M. D. Mali and Co. Present for Plff.
None Present for Deft.
Adv of plff seeks time to file evidence. Granted.
Adj. For Ex-parte evidence on 19/12/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Adv. Sumit Mali h/f Adv. M. D. Mali Present for Plff.
None Present for Deft.
Adv of plff seeks time to file ex-parte evidence. Granted.
Adj. For Ex-parte evidence on 16/01/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: PO is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: Adv. Sumit Mali I/b M. D. Mali and Co. Present for Plff.
None Present for Deft.
Exh.08- Adv of plff has filed chief examination of PW-1.
PW-1 Sureshchandra Anraj Sottany present oath given to the witness.
Exh.09- Adv of plff has filed list of documents.
Heard Adv.of plaintiff on the point of exhibiting documents. As the suit is ex-parte, no argument of defendant. Plff has filed compilation of documents with list Exh.09. The document at sr.no.1 is bill no.17404 and 17405 dt. 01/04/2016. These document are disclosed in plaint in para no.2. Document at sr.no.2 is delivery challan but this document is not disclosed in plaint and also not disclosed in the list filed with plaint. So far as the document at sr. no. 3 to 6 are concerned photocopies of those document were filed with plaint. Therefore the document sr. no. 1, 3 to 6 filed with list Exh.09 are taken on record and tentatively marked as under.
Exh.10- Office copies of two bills.
Exh.11- original cheque dt. 17/01/2016.
Exh.12- original bank return memo.
Exh.13- Office copy of plffs advocate notice dt. 06/01/2018.
Exh.14- postal receipts, acknowledgement card with RPAD pocket.
Suit is ex-parte, hence, no cross.
Adj. For Further evidence on 24/01/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: Adv. Sumit Mali I/b M. D. Mali and Co. Present for Plff.
None Present for Deft.
Adv of plff seeks time to file evidence. Granted.
Adj. For Ex-parte evidence on 04/02/2023.
LO 12.30.
Deft present.
Adj. For Ex-parte evidence on 04/02/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: Adv. M. D. Mali Present for Plff.
None Present for Deft.
Exh.15- Adv of plff has filed evidence closure pursis.
Heard argument of adv of plff.
Adj. For Ex-parte Judgment on 16/02/2023.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: Adv. Sumit Mali I/b M. D. Mali and Co. Present for Plff.
None Present for Deft.
Exh.16- adv of plff has filed pursis for withdrawal of the suit.
Plff is present. He contended that he dose not want to proceed with the suit. He admitted his signature on the pursis Exh.16. Hence following order.
1. Suit stands disposed of being withdrawn.
2. Court fee be returned as per rule.
Nature Of Disposal: WITHDRAWL
Disposal Date: 16-02-2023

Registration Number: 100529/2021
Transfer Date: 25-05-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Filing Number: 103938/2019
Filing Date: 30-03-2019
First Hearing Date: 02nd July 2019
Decision Date: 16th February 2023
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE