Date: 23-09-2020
Business: Due to heavy rain, holiday is declared. Hence, this suit is taken on board on 29.09.2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: By praecipe matter is taken on today\''s board.
Adv. Pratap Singh for the plaintiff present.
None present for the defendants.
He submitted that the matter was part heard on 15.09.2020 and was kept for hearing at 11.00 am on 23.09.2020, but due to heavy rain, it was declared the holiday. On 22.09.2020, he received a mail from the Ld. counsel for defendant asking for the copy of affidavit dated 31.08.2020. The said request was complied immediately. But, today also Ld. counsel for defendants is absent. Ld. counsel for plaintiff also submitted that matter may be taken up for further hearing positively on any early date.
In view of the above, It is made clear that on the next date, even if the defendants and their counsels remained absent, hearing shall proceed for passing necessary urgent orders, as prayed Ld. counsel for plaintiff.
Ld. counsel for plaintiff is directed to communicate the above order to the defendants.
Matter stands Adj for hearing (P.H.) top on the board to 01.10.2020.
Next Purpose: HEARING
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Business: Taken up at 12.30 and 1.00 p.m. respectively.
Adv. Pratap Singh with Adv. Pal for plaintiff present.
Adv. Rajiv Singh alongwith Jayant Puranik for Defendants present and filed reply on behalf of defendants to the additional affidavit filed in support of NM.
Copy served to the counsel for the plaintiff before the court.
After hearing both sides for sometime, regarding urgency in the matter and the order passed by the Hon\''ble High Court dated 03.07.2020.
By consent matter is adjourned for further hearing as P.H to 08.10.2020 at 12.00 noon.
Next Purpose: HEARING
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: Adv. Pratap Singh for plaintiff present.
Adv. Thorat with Adv. Rajiv Singh with Adv. Jayant Puranik for defendants present.
Heard both sides.
Ld. counsel for defendants again pointed out that the Ld. counsel for plaintiff has not removed the office objections, if any and suit is yet to be registered. Similarly, as per the order Hon\''ble High Court dated 03.07.2020, it will not be proper to take up the NM for hearing on merits as physical court functioning has not been fully resumed, due to the lockdown of Covid-19.
Ld. counsel for plaintiff submitted that the objections are technical in nature, matter is part heard. He is ready to remove office objections, if any, in due course. Similarly, pleadings are complete and there is an urgency in the matter. Physical functioning of the this court has already started, though partly and urgent matters are taken up for hearing. Therefore, he submitted that the NM should be taken up for hearing on merits on any early date.
In view of the above submissions, I am of the opinion that the objections raised by the Ld. counsel for defendants are technical and can be considered by the court during the hearing. Physical functioning of the court has partly started and urgent matters are taken up for hearing. Hence, it will be permissible to proceed with the hearing of the NM on merits, in view of the urgency pressed by the Ld. counsel for plaintiff.
Office is directed to verify and scrutinise the plaint and documents expeditiously and get it registered after removing the office objections, if any, by the Ld. counsel for plaintiff.
By consent of parties, Matter stands Adj for fresh hearing on NM to 12.10.2020 at 11.00 am.
Next Purpose: HEARING
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: None present for plaintiff.
Adv. Thorat alongwith Adv. B.A. Singh for defendant present. They submitted that there has been power failure and as per information available from the Electric Supply Company, Electric supply is not likely to be restored very soon. Hence, adjournment was prayed.
In view of the above situation, as there is no power supply in the court premises it is difficult to proceed with the matter. Hence, on the oral request of counsel for the defendant matter is adj for further hearing to 14.10.2020.
Later on
Mr. Pratap Singh for plaintiff present and requested the court to keep the matter at 12.00 noon for hearing on 14.10.2020. He undertakes to communicate the change of timings to the counsel for the defendant. His oral request is allowed.
Matter stands Adj for hearing at 12.00 noon to 14.10.2020
Next Purpose: HEARING
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Thorat alonwith Adv. Singh for defendants present and submitted additional Affidavit of Sur-Rejoinder of the defendant alongwith Annexures. TOR. Copy served on the plaintiff.
Heard oral submission of Adv. Pratap Singh on the NM. He completed his submissions. In the course of arguments, he referred to subsequent developments/ incidents pertaining to the dispute in the suit and relied on some photographs and wanted time to file affidavit in that regard. Adv. Thorat for the defendants took objection to showing photographs to the court across the bar and placing reliance on the same without filing affidavit on record.
In view of the above, Ld. counsel for the plaintiff is directed to file an affidavit and photographs on record on the next date by serving email copy to the defendants counsel in advance on 17.10.2020
Hence, matter stands Adj for Production of affidavit and photographs by the plaintiff and oral submissions by the counsel for the defendants on the NM to 19.10.2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Business: Adv. Pal with Adv. Pratap Singh for plaintiff present.
Adv. Rahul D. Thorat a/w Adv. Rajiv Singh and Adv. Jayant Puranik for defendants present and filed reply to additional affidavit in rejoinder. TOR
Heard oral submissions of Adv. Thorat on the NM on behalf of defendants. He also submitted written note of arguments. Copy served on other side.
Adv. Pratap Singh on behalf of the plaintiff has made reply submissions on behalf of plaintiff.
Matter stand adj for order on NM to 27.10.2020
Later on at 1.00 pm
Adv. Pratap singh present for plaintiff
Adv. Rajiv Singh and Adv. Jayant Puranik for defendants present
Adv. Pratap Singh seeks permission to submit written note of arguments in support of his oral submissions made before the court today. The Ld. counsel for the defendants strongly opposed the same on the ground of Adv. Thorat has already left the court. The matter is adj for 27.10.2020 for orders.
After hearing both the sides, Adv. Pratap Singh for the plaintiff is permitted to submit written note of arguments on 22.10.2020 by serving copy of the same in advance by email to the counsel for the defendants by 6.00 p.m. on 21.10.2020. Parties to note that there shall be no further oral arguments.
Now, the matter stands adj for submitting written note of arguments by Adv. Pratap Singh to 22.10.2020
Next Purpose: ARGUMENTS
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Business: Adv. Shailesh Pal h/f Adv. Pratap Singh for plaintiff present and filed written arguments of NM no. 1349/20. Copy served on other side.
Adv. Thorat for defendant present and submitted that in view of the explanation of the admission, sought to be made by the Ld. counsel for plaintiff in the written notes, he wants to make brief oral submissions to the court only in that regard.
Heard both sides regarding brief hearing on the short point regarding explanation sought to be made by the plaintiff in the written notes. By consent of parties, heard both the counsels on the above point.
Matter is already Adj for order to 27.10.2020.
Next Purpose: ORDER
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Thorat with Adv. Singh for defendant present.
Court is busy in hearing other urgent matters and suit no. 1163/20.
Matter stands Adj for Order to 29.10.2020.
Next Purpose: ORDER
Next Hearing Date: 29-10-2020
Date: 29-10-2020
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Thorat alongwith Adv. Singh for defendant present.
Court is busy in dictating judgement in SU 678/16
Matter stands Adj for Order to 05.11.2020
Next Purpose: ORDER
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: Adv. Pal for plaintiff present.
Adv.Thorat with Adv. Singh for defendant present.
Court is busy in hearing other urgent matters.
Matter stands Adj for order to 07.11.2020
Next Purpose: ORDER
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: Adv. Pal h/f Adv. Pratap Singh for plaintiff present.
Adv. Thorat with Adv. Singh for defendant present.
Court is busy in hearing other urgent matters.
Matter stands Adj for order to 11.11.2020.
Next Purpose: ORDER
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Adv. Pal for plaintiff present.
Adv. Thorat with Adv. Singh for defendant present.
Court is busy in hearing other urgent matter.
Matter stands Adj for order to 23.11.2020
Next Purpose: ORDER
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Business: Adv. Pal for plaintiff present.
Adv. Thorat for defendant present.
Court is busy in hearing other urgent matters.
Matter stands Adj for order to 01.12.2020.
Next Purpose: ORDER
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: None present for plaintiff.
Adv. Thorat for defendant present.
Court is busy in hearing other urgent matters.
Matter stands Adj for order to 07.12.2020.
Later on at 1.30 pm.
Son of plaintiff present.
Adv. Pratap Singh for plaintiff present.
Next Purpose: ORDER
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Mr.Jitendra Gupta, Son of plaintiff present.
Adv. Pratap Singh for plaintiff present.
Adv. Thorat for defendant present.
Court is busy in hearing other urgent matters.
Matter stands Adj for order to 14.12.2020.
Next Purpose: ORDER
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Jitendra Gupta, plaintiff\''s son present.
Adv. Pal for plaintiff present.
Adv. B.A Singh for defendant present.
Order is partly dictated.
Matter stands adj. for order to 18.12.2020
Next Purpose: ORDER
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: Adv. Puranik for defendant present.
Court is busy in hearing other urgent matters (i.e. St. No. 5912/20).
Matter stands Adj for order to 21.12.2021
Next Purpose: ORDER
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: Adv. Pratap Singh with Adv. Pal for plaintiff present.
Adv. Singh With adv. Thorat for defendant present.
Court is busy in hearing other urgent matters.
Matter stands Adj for order to 22.12.2020.
Next Purpose: ORDER
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Adv. Pratap Singh with Adv. Pal for plaintiff present.
Adv. Puranik with Adv. Singh for defendant present.
FRSR following order is passed on NM no. 1349/20
ORDER
1. Notice of Motion no. 1349/20 is hereby dismissed with costs.
2. In the circumstances of the case both the parties are advised to take recourse to ADR mechanisms i.e. going for mediation etc. during the pendancy of the suit.
3. NM is disposed of accordingly.
Sheristedar is directed to give authenticated copy of today\''s roznama to the counsel for both sides for information and necessary action.
Issue of certified copy of the order, if applied by the parties, by making necessary application, is expedited.
Nature Of Disposal: DISMISSED
Disposal Date: 22-12-2020