Shri Devi Singh RathodVsShri Bhawin Anil Shah +1 more

Date: 24-07-2019
Business: Adv.Shweta Iyengar for plaintiff.
Adj for service report 18/11/2019
Next Purpose: REPORT
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Adv. Sweta Ayangar for plaintiff present.
Defendant absent.
Matter is adjd to 04.12.2019 for report.
Next Purpose: REPORT
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: HHJ is on Training at Uttan
Matter is adjd to 18/01/2020 for Report
Next Purpose: REPORT
Next Hearing Date: 18-01-2020

Date: 18-01-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 11.03.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 29.04.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: Due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Agawane for plff. Present.
Adv. For the plff. file application issue fresh write of summons.
Order- issue fresh summons.
Matter is adjd to 18.02.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: P.O. is on leave.
Matter is adjd to 15.04.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: Due to Covid-19 pandemic none appeared.
Matter is adjd to 19/07/2021 for Report
Next Purpose: REPORT
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 22.09.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Adv Anita for plaintiff present.
None for defendant.
Plaint.
Vakalatnama.
Memorandum of plaintiff\''s registered address.
List of document.
Adv for plaintiff has tendered affidavit of service. TOR and marked as Exh.5
Matter is adjd to 22.12.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Court is on leave.
Next Purpose: REPORT
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: Adv Anita Pandey for plaintiff present.
Matter is adjd for report  on 20-04-2022
Next Purpose: REPORT
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: P.O. is on Training
Next Purpose: REPORT
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: None for Plaintiff.
None for Defendant.
Plaintiff has already filed affidavit of service on 02.12.2021.  The affidavit also is annexed with two letters, dated 03.02.2021 and 04.03.2021, respectively which shows that delivery is complete.  However, it is surprising that no postal receipts or acknowledgment are placed on record.  Hence, it cannot be gathered that on which address the service is made.  Hence, plaintiff to take proper steps to serve the defendant and file the service affidavit with proof of service.
Re-issue the writ of summons afresh.
Matter adjourned to 22.09.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-09-2022

Date: 22-09-2022
Business: None for plaintiff.
No steps are taken.
Matter is adjd. to 29.11.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: None for plaintiff.
None for defendant.
In spite of detailed order dated 08/08/2022, plaintiff was directed to satisfy this court about proper service of writ of summons on defendant.  However, none present for the plaintiff.  No steps are taken. Hence, matter is adj to 04/02/2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: None for plaintiff.
On perusal of the letters dated 03/02/2021 and 04/03/2021, it appears that the concerned post office has certified that the summons sent through post are duly served on the given address. Affidavit in that effect already filed on record therefore, I find it just and proper to hold service to be complete.
         Despite the service of summons, defendants failed to cause appearance hence, suit to proceed ex-parte.
Matter is adj to 25/04/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Priyanka Tiwari for plaintiff present.
None for defendant (Ex-parte).
Matter is adj to 28/07/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-07-2023

Date: 28-07-2023
Business: P. O. is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: Court is on leave in first session.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Janam Sonpal i/b Themis Legal for plaintiff is present.
Keep back.
Later on at 1.05 pm
Adv. Janam Sonpal i/b Themis Legal for plaintiff is present and filed an application for withdrawal of the suit. Taken on record. It is marked as Exh-6.  The plaintiff is not present. The Ld. counsel for the plaintiff submitted that since November 2023 he has no contacted with the plaintiff. He had instructions from the plaintiff in the month of November 2023 to withdraw the suit.
Matter is adj to 03.02.2024 for order on Exh-6.
Next Purpose: ORDER
Next Hearing Date: 03-02-2024

Date: 03-02-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Order below Exh-1 and 6
The counsel for the plaintiff has filed an application at Exh-6 on 22.01.2024 for withdrawal of suit. However, on 22.01.2024, the plaintiff was not present. Even, today neither plaintiff nor his counsel is present. Matter is fixed for ex-parte evidence. It is submitted in the application at Exh-6 that the matter is settled between the parties out of court. However, the plaintiff is not present to verify the same. It appears that the plaintiff is not interested in contesting the matter. Hence, matter needs to be dismissed for non-prosecution by the plaintiff. Hence, matter is dismissed in default for want of prosecution.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 03-02-2024

Registration Number: 100528/2019
Transfer Date: 15-11-2019
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100528/2019
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100528/2019
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 104423/2019
Filing Date: 10-04-2019
First Hearing Date: 24th July 2019
Decision Date: 03rd February 2024
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE