Date: 05-10-2020
Business: Adv.Gopal Jetaly for plaintiff present.
Adv. for plaintiff tendered registered N/M No.1397/2020. T.O.R
Adv. for plaintiff inform that, he has received application via mail by the defendant advocate for grant of adjournment which appears to be sent to this court. He has tendered said application along with the medical certificate of advocate of defendant. It is taken on record. (Exh-9)
The said application is yet to be received to this court.
On last occasion this court has specifically passed the order directing the defendant to make alternate arrangement. It appears that the advocate of defendant is having knowledge of the said directions therefore, he has forwarded the adjournment application to the plaintiff advocate. From the application of defendant advocate it appears that, he is unable to attend the court. Hence, it was directed to make alternate arrangement. But inspite of such direction it appears that the defendant failed to make any arrangement of advocate.
The advocate of plaintiff serve the copy of N/M No.1397/2020 to the advocate for defendant on 30/09/2020 via email. It is expected from advocate of defendant that, if he is unable to attend the court he should inform to his client so that, his client could make alternate arrangement. In my view, one more chance need to be given to the defendant to appear and answer N/M No.1397/2020 on or before next date.
Looking to the age of plaintiff and relief claimed in the suit and N/M, in my view there is an urgency in the matter. Hence, it is necessary for the defendant to make alternate arrangement to represent him in the court.
The Ld.Adv. for plaintiff undertake to serve the copy of rozanma to the defendant and his advocate. He is also directed to file service affidavit.
It is made clear to defendant that in the event if he fails to answer N/M No.1397/2020 on or before next date, this court would proceed to the N/M ex-parte.
Parties to act on authenticated copy of roznama.
Matter is adj for NM hearing on 12/10/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: Adv. Ms. Deepali Bohra h/f. Manish Bohra for defendant present.
Adv. Mr. Gopal Jetali for plaintiff present.
Plaintiff tender Affidavit of Service. TOR. Exh. 12.
Adv. for defendant filed adjournment application..(Exh-13)
It is contended by the advocate for defendant that, her client had been tasted covid-19 positive on 18/09/2020 and 25/09/2020 and therefore, he is self quarantine and therefore advocate can not take any instruction on N/M to file the reply on behalf of the defendant. Thus, defendant is seeking four weeks time.
The application is strongly opposed by the advocate of the plaintiff by filing say.
Heard both the side. Perused application, say as well as medical report annexed with the application. In the application, the defendant made statement that, he was not aware of order dated 28/09/2020, by which this court issued certain directions to the defendant and his advocate. This, court time to time received emails of advocate of defendant for grant of adjournment in the matter which clearly shows that, the advocate of defendant was having knowledge of dates of matter as well as directions passed by this court. Today, advocate of defendant seeking time to file reply to the Notice of motions. It seems that, the defendant is detected covid-19 positive on 18/09/2020. Today, more than 3 weeks passed. The defendant is not hospitalized and he is home quarantine. Looking to the aforesaid situation, in my view, granting four weeks would be too excessive. In such situation, in my view, two weeks time would be sufficient to file reply to both notice of motions. The affirmation of the defendant can be dispense with or defendant can swear an affidavit in presence of notary public. Advocate for defendant is directed to serve copy of reply in advance to the plaintiff so that, on next date both notice of motions can be heard finally.
Parties to act on authenticated copy of roznama.
Matter is adj to 26/10/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Moved by preceipe.
Adv. Mr. Gopal Jetali for plaintiff present.
Adv. Mr. Gopal Jetali for plaintiff tendered draft Notice of Motion alongwith affidavit.O-Leave is granted to register the Notice of Motion.
Adv. for plaintiff hand over to the N/M for registration.
Matter is already adj to 26/10/2020 for N/M hearing.
Later on 1.45pm
Adv. Mr. Sarogi for plaintiff present.
PO is busy in dictation.
At the request of adv. Mr. Sarogi for plaintiff matter is adj to 15/10/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: Matter called out(1.25pm)
Adv. Mr. Gopal Jetali for plaintiff present.
Adv. for plaintiff tendered registered motion no.1462/20.
O-taken on record alongwith affidavit of service.
F.R.S.R. order passed on NM 1462 of 2020.
ORDER
1.Notice of Motion No. 1462 of 2020 is hereby dismissed.
2.Plaintiff to bear their own cost.
3.Notice of Motion No. 1462 of 2020 is disposed of accordingly.
Matter is adj for N/M hearing on 26.10.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: Adv.Sachin Bansode h/f Adv.Sarogi for plaintiff present.
Adv.Harish Bohra for defendant present.
Adv.Harish Bohra for defendant tendered reply on N/M No.1397/2020 and 4488/2018. T.O.R
Copy served to the plaintiff advocate.
Matter is adj to 11/11/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Court is busy in online training of HHJ Shri. A.H. Laddhad on crime against Senior Citizens for the period 09.11.2020 to 11.11.2020.
Adv. Mr. Gopal Jetali for plaintiff present.
Adv.Harish Bohra for defendant present.
Due to pandemic situation of Covid-19, matter is adj for N/M hearing on 02.12.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Matter called out at 12.27pm Adv. Gopal Jetly for plaintiff present. Adv. Manish Bohra for defendant present. Following FRSR Order passed in NM 1397 of 2020 ORDER 1.The Notice of Motion No. 1397 of 2020 is hereby allowed in terms of prayer clause a. 2.Dr. Amarsingh A. Rathod Resident Doctor of City Civil Court Bombay is hereby appointed as Court Commissioner to obtain the DNA Sample Kit from Kalina Laboratory or any other approved Government Laboratory and take the DNA samples of both plaintiff and defendant to determine the paternity. After taking the samples, he should send the same to the Kalina Laboratory for DNA testing and report the compliance to this Court. 3.The aforesaid order be forwarded to the Medical Officer Dr. Amarsingh A. Rathod. Both the parties are directed to appear before Medical Officer, Dr. Amarsingh A. Rathod, who is sitting in the Court premises and decide the schedule of the visit as per availability and convenience of the parties as well as of the Medical Officer, Dr. Amarsingh A. Rathod. 4.Both the parties to deposit the amount of Rs. 15,000 in total by way of cost of DNA samples, expenses of Court Commissioner and incidental charges. 5.Laboratory to submit the report in seal condition to this Court. 6.Plaintiff to bear cost of Notice of Motion. 7.Notice of Motion No. 1397 of 2020 is disposed of accordingly.
Following F.R.S.R. Order passed in Contempt NM 4488 of 2018
ORDER
1.The Notice of Motion No.4488 of 2018 is hereby dismissed with cost of Rs.2,000/- to be payable by the plaintiff to the defendant within a period of one month from the date of order.
2.Notice of Motion No.4488 of 2018 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 02-12-2020