Jawaharlal Ramkishan Agarwal +2 moreVsSurajratan Agarwal +2 more

Date: 06-06-2019
Business: one present for Plaintiff.
None present for Defendant.
Plaintiff is directed to file affidavit of service of summons.
Case is adjourned to 23/09/2019 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-06-2019

Date: 27-06-2019
Business: Advocate Ms. Mangaonkar for Plaintiff filed preceipe for taking matter on todays board. Order on preceipe.-Allowed, if time will permit then only the preceipe will be considered.
L.O.
Court is busy in hearing Chamber Summons in suit no.9070/95 as well as court has to hear NM in suit stamp no.6535/19, hence case is adjourned to 09/07/2019.  Plaintiff is directed to serve notice to the Defendant.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-07-2019

Date: 09-07-2019
Business: Advocate Mr. Vivek Pandey for Plaintiff present
Defendants present.
Court is busy in dictating orders on Notice of Motion and Chamber Summons in suit nos.3117/14, Suit no.1938/09 and suit no.3731/11, hence case is adjourned to 15/07/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: PO IS ON HALF DAY LEAVE.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: Matter is not traceable.
None present for Plaintiff.
Advocate Ms. Vanita Thakkar for Defendant no.3 present
Case is adjourned to 19/09/2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Business: Advocate Mangaonkar for Plaintiff present and submitted that on next date she will file affidavit of service of writ of summons.
Advocate Fatema for Defendant no.3 present and filed vakalatnama Exh.__ t.o.r.  Advocate for Defendant no.3 also filed reply to Notice of Motion, t.o.r.  Defendant no.3 is directed to serve copy of NM reply upon Plaintiff\''s advocate.
Case is adjourned to 24/10/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-10-2019

Date: 24-10-2019
Business: Advocate Ridhima Mangaonkar h/f Adv. Pandey for Plaintiff present and submitted that affidavit of service of writ of summons against Defendant no.1 and 2 will be filed on next date and she will get registered draft NM.  Time extended till next date for registration of NM.
Advocate Swapnila Rane for Defendant no.3 present and submitted that already reply to the NM is filed by Defendant no.3.
Case is adjourned to 13/12/2019 for filing affidavit of service of writ of summons and for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: As Court is on leave, adjourned to 05-03-2020 N/M for Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: None present for Plaintiff.
Advocate Swapnila Rane for Defendant no.3 present
Plaintiff has not filed registered NM even though sought leave for its registration. Plaintiff is directed to file registered NM as well as service of writ of summons.
Case is adjourned to 06/07/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-07-2020

Date: 06-07-2020
Business: Due to covid pandemic and lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Business: Due to Covid 19
Next Purpose: COMPLIANCE
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, Plaintiffs are absent, hence case is adjourned to 15/02/2021 for Ch/s. hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Adv Mr.Ayush Tiwari h/f Adv Mr. Pandey for plff present and filed registered NM No. 4760/2019 along with affidavit in support.
He also filed affidavit of service of said Notice of Motion on the defts.
Contentions raised in the affidavit that deft Nos.1 and 3 are served with notice of motion are supported by postal acknowledgments. Service is proper. Deft No.3 has already filed reply to said NM before it was tendered in the Court. Despite service, deft No.1 did not appear hence, NM No.4760/2019 to proceed ex-parte against deft No.1. Likewise, contentions raised in the affidavit of service that deft No.2 has not accepted the envelope containing notice of motion is also supported by returned postal envelope. Postal Department has returned those postal envelopes with endorsements as “unclaimed”. Deemed proper service. Deft No.2 did not appear hence, NM No.4760/2019 to proceed ex-parte against deft No.2.
Adjourned for NM hearing to 25.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: None present for both the parties.
considering the present Pandemic Condition, matter is adjourned till next date at same stage.
Adjourned for NM hearing to 21.04.2021.
Judge
LO
Adv. Jaya Sharma for plaintiff present and seeks adjournment.
Already adjourned to 21.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Adv. Mangaonkar i/b Adv. Pandey for plaintiff present and seeks adjournment.
None present for defendants.
Matter adjd for NM hearing on 10/11/2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: Adv Ms. Mangonkar h/f Adv Mr. Pandey present for plff. and seeks adjournment.
None present for deft.
On request of adv for plff, as nobody is present for deft, matter is adjd. for NM hearing ot 21.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: Adv Mr. Tiwari h/f Adv Mr. Vivek Pandey present for plff. and seeks adjournment.
None present for deft.
As nobody is present for deft, on request of adv for plff, matter is adjd. for NM hearing to 29.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: None present for both parties.
Matter adjd to 20/08/2022 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: None present for both sides.
Matter adjd to 19.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: None present for both sides. The plaintiff failed to proceed with notice of motion NM 4760/19, hence, keep for order.
Matter adjd to 17.01.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Adv.Shyam K. Tripathi for plaintiff present.
None present for defendant.
On oral request of the plaintiff matter adjd to 14.03.2023 for order.
Next Purpose: ORDER
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: None present for both sides.
Read the roznama dated 19.10.2022, 17.01.2023. The plaintiff failed to proceed with NM. Today also plaintiff is absent, hence, NM No.4760/2019 is dismissed for default.
Matter adjd to 16.06.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: None present for plaintiff.
None for defendant.
Matter is adjd. to 05-08-2023 for R-E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2023

Date: 05-08-2023
Business: None present for both parties.
From the perusal of the roznama it is apparent that the plaintiff is not prosecuting the suit against the defendant diligently and is not taking steps for the progress of the suit . The plaintiffs thus appear to have lost interest in prosecuting the suit against defendants. I thus do not find any just reason to keep the suit pending any more for unnecessarily. The suit therefore is ordered to be dismissed for want to the prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 05-08-2023

NOTICE OF MOTION/104760/2019

Registration Number: 101044/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 104174/2019
Filing Date: 04-04-2019
First Hearing Date: 06th June 2019
Decision Date: 05th August 2023
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE