Jayprakash Arun GuptaVsMr. Ramashrey R. Verma

Date: 14-12-2020
Business: P.O.is on Leave.
Adj to 01.04.2021.
Next Purpose: REPORT
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: Advocate Sanjay Dadham for plff. present.
Adv. for plff. filed affidavit of serv. t.o.r. marked Exh.2.
Advocate for plff. Also filed application for issuance of summ. t.o.r. marked Exh.3.
Order below Exh.3  Perused Affidavit.
Heard  advocate for the plff.
Application Exh.3 is  allowed in terms of prayer.
Matter adjd.to 15/06/2021 for report.
Next Purpose: REPORT
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board discharged.
The matter is adjd to 27.08.2021.
Next Purpose: REPORT
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: COURT IS VACANT
Next Purpose: REPORT
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: CORAM H.H.J. SHRI V.B. KAKATKAR C.R. NO. 15 Matter pertain to CR 61
Adv. Awaghade present for the defendant.
He filed draft NM a/w affidavit TOR O-filed.
Matter is adjd to 12.01.2022.
Next Purpose: REPORT
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: None present.
Matter is adjd to 21.02.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: Court is on leave.
Next Purpose: REPORT
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: P.O. is on training
Next Purpose: REPORT
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: None for Plaintiff.
Adv. Mr. Janardan Madane for Defendant present and tendered registered NM No. 2713/2021 alongwith Affidavit in support.
Defendant to serve NM on other side and file affidavit of service.
Matter adjourned to 07/09/2022 for Report.
Next Purpose: REPORT
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: Adv. Patil for Plaintiff is present and filed Vakalatnama on behalf of plaintiff. (Exh.2) TOR and submits that defendant has not served copy of NM.
None for Defendant.
Matter adjourned to 02.12.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: As Court is busy in dictating Judgment in Suit No.5719/05, hence second session board is discharged.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: Adv.Rajesh Patil for plaintiff present.
None for defendant.  Record reveals absence of defendant and his advocate on last two dates.
                             ORDER ON NOTICE OF MOTION
            As the short point, as to condonation of delay of 69days in causing appearance, is involved in the present Motion, same is taken up for hearing.
           Perused the notice of motion the affidavit filed in support also perused the reply filed by Ld.Adv.for plaintiff objecting the Notice of Motion.
             From record transpires that the Notice Motion was served on the defendant on 09/08/2021.  Present Motion is taken out on 29/11/2021.  As such delay at about 69 days in causing appearance.  Admittedly, Hon\''ble Apex Court vide order in Suo Moto Writ Petition No.3 of 2020 has exempted the delay between 15/03/2020 to 28/02/2022, owing to Covid-19 pandamic lockdown.   The period of delay is covered in the said period.  Therefore, I find this to be a fit case to condoned the delay.  Ld.Adv. For plaintiff submits that the cost for causing delay be imposed.  However, as the period of delay is covered under the order of Hon\''ble Apex Court, I do not find it proper to impose cost.  Hence, the order-
                                             ORDER
1. Notice of Motion No.2713 of 2021 is allowed in terms of prayer clause (a).
2. The appearance of defendant be taken on record marked as Exhibit-5.
Matter is adj to 15/03/2023 for appearance of defendant.
Next Purpose: FOR APPERANCE
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Rajesh Patil for plaintiff present.   He tendered draft Summons for Judgment along with affidavit.
O-Leave is granted to register the Summons for Judgment.
None for defendant.
Plaintiff to serve copy of SJ to defendant and filed affidavit of service to that effect.
Matter is adj to 22/06/2023 for affidavit of service of SJ.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-06-2023

Date: 22-06-2023
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Rajesh Patil for plaintiff is present and tendered registered Summons for Judgment No.96/23 along with affidavit in support.
Matter is adj to 08.11.2023 for service affidavit of SJ.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
As court is busy in recording evidence in Suit No. 2966/10 remaining afternoon board is discharged.
Parties are at liberty to tender affidavits, reply, application etc, if any.
Matter is adj to 08.02.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2024

Date: 08-02-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Matter is adj to 03.04.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
The matter is pending for filing affidavit of service of Summons for judgment. The plaintiff is given last chance to take the steps.
Matter is adj to 09.05.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-05-2024

Date: 09-05-2024
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mamta Panigrahi for plaintiff is present and filed Vakalatnama with no objection of earlier advocate. Taken on record. It is marked as Exh- 6.
The defendant and his counsel are absent.
Matter is adj to 26.08.2024 for filing affidavit of service of Summons for judgment.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-08-2024

Date: 26-08-2024
Business: COURT IS ON LEAVE
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-11-2024

Date: 06-11-2024
Business: P.O. IS ON LEAVE
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-01-2025

Date: 13-01-2025
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-02-2025

Date: 21-02-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mamta Panigrahi for plaintiff is present and requested for adjournment . Adjournment is granted.
Matter is adj to 03.04.2025 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-04-2025

Date: 03-04-2025
Business: P.O.IS ON LEAVE
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-06-2025

Date: 19-06-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Plaintiff is given last chance to file affidavit of service.
Matter is adj to 18.08.2025 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-08-2025

Date: 18-08-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Matter is adj to 17.09.2025 for filing affidavit of service of Summons for judgment.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-09-2025

Date: 17-09-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mamta Panigrahi for plaintiff is present and requested for adjournment. Adjournment is granted.
The defendant and his counsel are absent.
Matter is adj to 14.10.2025 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-10-2025

Date: 14-10-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mamta Panigrahi for plaintiff is present and requested for adjournment. Adjournment is granted.
The defendant and his counsel are absent.
Matter is adj to 19.11.2025 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-11-2025

Date: 19-11-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Plaintiff is given last chance to file affidavit of service of Summons for judgment.
Matter is adj to 19.12.2025 for filing affidavit of service of Summons for judgment.
Later on at 1.39 pm
Adv. Mamta Panigrahi for plaintiff is present through video conference.
Matter is adj to 19.12.2025 for filing affidavit of service of Summons for judgment.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-12-2025

Date: 19-12-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mamta Panigrahi for plaintiff is present and requested for adjournment. Adjournment is granted as a last chance.
The defendant and his counsel are absent.
Matter is adj to 03.02.2026 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2026

Date: 03-02-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mamta Panigrahi for plaintiff is present and requested for adjournment to file affidavit of service. Adjournment is granted as a last chance.
The defendant and his counsel are absent.
Matter is adj to 07.03.2026 for filing affidavit of service/dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 07-03-2026

Date: 07-03-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Order below Exh-1
Perused record. It appears that suit is filed on 18.08.2020. Defendant appeared in the matter. Plaintiff had taken out draft Summons for judgment no 15.03.2023 and matter was adjourned for filing affidavit of service of Summons for judgment on 08.11.2023, 08.02.2024, 03.04.2024, 09.05.2024, 10.07.2024, 26.08.2024, 06.11.2024, 13.01.2025, 21.02.2025, 19.06.2025, 18.08.2025,  17.09.2025, 14.10.2025, 19.11.2025, 19.12.2025, and  03.02.2026. On 03.02.2026, plaintiff was given last chance to file affidavit of service of Summons for judgment. Plaintiff failed to file affidavit of service for more than two years. Today also plaintiff and his advocate are absent and failed to take steps.  Thus it appears that plaintiff is not interested in conducting the matter. Therefore, no purpose would served by keeping the matter pending. Hence, I proceed to pass following order-
Order
1.      Sum. Suit No.333 of 2020 is hereby dismissed in default.
2.     Pending Summons for judgment No.96/23 is also disposed of accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 07-03-2026

SUMMONS FOR JUDGT/100096/2023
NOTICE OF MOTION/102713/2021

Registration Number: 100333/2020
Transfer Date: 17-07-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100333/2020
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 104242/2020
Filing Date: 18-08-2020
First Hearing Date: 14th December 2020
Decision Date: 07th March 2026
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE