Mr. Lalit Tejpal JainVsM/s B.P.Gangar Constructions Pvt. Ltd. +1 more

Date: 16-09-2020
Business: Adv.Mr.Sunil Kanojia for plaintiff present.
As none of the parties to this suit is senior citizen, hence Registrar is directed to take necessary steps for transfer of this to the which is trying the suit between private parties.
Matter is adjd. to 16/09/2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-09-2020

Date: 29-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: Adv. Kharat for plaintiff present.
She submitted that the connected matter is on 08.03.2021 and therefore, she requested to keep this matter on 08.03.2021.
Issue writ of summons to the defendants.
The matter is adjd for affidavit of service to 08.03.2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: None present.
Plaintiff to file proof of service of writ of summons on next date.
The matter is adjd for affidavit of service to 16.04.2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: As it was declared holiday by Hon\''ble High Court due to Covid-19, the matter is adjd
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: In view of office order No.106/21 dated 14.06.2021 only urgent matters are taken for hearing.  Hence, board is discharged.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: None present.
The matter is adjd for N/M reply to 15.09.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: Adv. Kanojia for plaintiff present.
Plaintiff is directed to take steps for appearance of defendants.
The matter is adjd for steps to 18.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: In view of Office Order no.213/2021 dated 12.10.2021, holiday is declared on 18.10.2021, hence, the matter is adjd to 23.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2021

Date: 23-10-2021
Business: Adv. Sachin Kanoujia for plaintiff present.  He prayed for issuance of fresh writ of summons to defendants.  Issue fresh writ of summons to defendants.
The matter is adjd for affidavit of service to 25.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Adv. Sachin Kanojia for plaintiff present.  He sought time for filing service affidavit.  Time as prayed for is granted.
The matter is adjd for affidavit of service to 03.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Adv. Meena Kharat for plaintiff present.  Plaintiff present.
Exh.2 - Adv. For plaintiff filed service affidavit.  T.O.R.
   Service is not proper.  Plaintiff is directed to take steps.
The matter is adjd for taking steps to 10.01.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: Adv. Sachin Kanojia for plaintiff present.
The matter is adjd for taking steps to 09.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Business: None present.
In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for steps to 10.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: None present.
The matter is adjd for taking steps to 07.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: Adv. Pratiksha G. for plaintiff present.
Exh.3 - Adv. For plaintiff filed application for issuance of fresh writ of summons to defendants.
O. - Issue fresh writ of summons to defendants.
The matter is adjd for filing service affidavit to 13.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: Adv. Sunil Kanoujia for plaintiff present.  He sought time for filing service affidavit.  Time as prayed for is granted.
The matter is adjd for affidavit of service to 24.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Adv. Sachin Kanoujia for plaintiff present.
Exh.4 - Adv. For plaintiff filed application for assigning the suit to regular Civil Court.
Heard Adv. For plaintiff on Exh.4.
ORDER ON EXH.4
     It is submitted on behalf of plaintiff that simplicitor suit for injunction is filed.  Plaintiff has valued the suit for Rs.1,000/-.  Dispute is not a commercial dispute of a specified value.  By making these submissions, plaintiff prayed to send the matter for assignment to regular Civil Court.
     Suit was initially registered as a Short Cause Suit. Thereafter, it was transferred to the Commercial Court treating the dispute as a commercial dispute of a specified value.
   Perused the plaint.  Suit is for simplicitor injunction.  Plaintiff has valued the suit for Rs.1,000/-.  Considering the reliefs claimed in the plaint and valuation of the suit, present suit does not qualify as a Commercial dispute of a specified value as defined in Section 2(1)(i) of the Commercial Courts Act.  Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
The matter is adjd for compliance of above order to 25.07.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Adv Sachin Tanojia for plff is present.
None present for deft.
The plff is directed to issue fresh writ of summons to deft.
Matter adjd to 04.10.2022 for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Adv. Mohd. Shah for plaintiff is present.
Roznama shows that directions given to the plaintiff to issue fresh writ of summons. The plaintiff submits that it was issued and he will file affidavit of service to that effect on next date. Considering the submissions matter adjourn for affidavit of service.
Matter adjd to 12.12.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. Lalit Kanojiya for plaintiff is present.
None present for defendant.
The Ld.Adv.for plaintiff has filed affidavit of service t.o.r marked as Exh.5 a/w close envelop.  It reveals that it returns with acknowledgement that the defendant left the place.
Therefore the plaintiff is directed to serve writ of summons by substitute service.
Matter adjd to 07.02.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: Adv. Sunil Kanojia for plaintiff is present.
None present for defendant.
The plaintiff has filed an application for substitute mode of service upon defendants t.o.r marked as Exh.6. O- In view of submissions made by the ld.Adv.for plaintiff he be permitted to effect service on defendants as prayed.
Matter adjd to 03.04.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: None present for the plaintiff.
None present for the defendant.
Last chance given to the plaintiff to file affidavit of service.
Matter adjd to 17.07.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: Adv. Mohd Shah along with Adv. Pooja Sawant h/f Adv. Sunil Kanojia for plaintiff present.
None for defendant when called.
Matter is kept before National Lok Adalat.
Matter adjd to 09/09/2023 for Lok Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023

Date: 09-09-2023
Business: Plaintiff a/w Adv. Mohammed Shah is present.
It is submitted that as the matter is amicably settled in between the parties out of the court hence, the plaintiff does not want to proceed with the matter. The plaintiff has filed application for withdrawal of suit .TOR. Exh. 7. O-Seen.
Upon personal verification with the plaintiff he consented to withdraw the suit unconditionally.
Hence, considering the submission the suit stands disposed off as withdrawn unconditionally.
Notice of Motion No. 1335/2020 stands disposed off.
Court fees refunded as per rule
Nature Of Disposal: LOKADALAT
Disposal Date: 09-09-2023

Main Case No: SUIT/0101483/2020
Main Cnr: MHCC010038852020
Main Filing No: 111447

Registration Number: 101335/2020
Transfer Date: 21-12-2020
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Registration Number: 101335/2020
Transfer Date: 31-05-2021
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 31 - COURT 31  ADDL SESSIONS JUDGE

Registration Number: 101335/2020
Transfer Date: 17-07-2021
From Court: 31 - COURT 31  ADDL SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Registration Number: 101335/2020
Transfer Date: 11-07-2022
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 1 - COURT 01 ADDL SESSIONS JUDGE

Filing Number: 104566/2020
Filing Date: 16-09-2020
First Hearing Date: 16th September 2020
Decision Date: 09th September 2023
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE