Metco CreationsVsT and T Pharmacare Pvt. Ltd.

Date: 29-07-2019
Business: Adv. Olvin for defendant present. Filed draft NM @ affidvit leave to register NM. Matter adjd to 20.09.19 for reply.
Next Purpose: REPLY
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: P.O. Is on leave. Adjd to 13/11/19
Next Purpose: REPLY
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: Adv. Mehta for plaintiff present.
Adv. For defendant absent.
Adv. For plaintiff filed reply on N/M.
Matter is adjd to 20/11/2019 for N/M.
Next Purpose: REPLY
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: plff. absent.
Adv. Aditya Mehata for Defendant present.
Matter adjd to 19.12.2019 for reply on N/M.
Next Purpose: REPLY
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: P.O. is on leave.
Matter is adjd to 03/02/2020 for Reply.
Next Purpose: REPLY
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. For plff. Absent.
Adv. Salil Davake For deft. Present.
PO is on leave (Afternoon sessions)
Matter is adjd to 05.03.2020 for Reply
Next Purpose: REPLY
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Aditya Mehata for plff. Present.
Adv. For deft. Absent.
Till date register Notice of Motion not filed in the court.
As a last chance.
Matter is adjd to 27.03.2020 for Reply.
Next Purpose: REPLY
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Next Purpose: REPLY
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Next Purpose: REPLY
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Next Purpose: REPLY
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: Due to Covid -19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Business: P.O. is on Leave.
Due to Covid-19 pandemic none appeared.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: P.O. is on leave.
Matter is adjd to 20.04.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 08/07/2021 for Reply
Next Purpose: REPLY
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: Plaintiff absent.
Adv. Aditya Mehta for the plff present.
Defendant and his advocate are absent.
Due to Covid-19 pandemic.
Matter is adjd to 03.09.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Court is Vacant
Next Purpose: REPLY
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Court is vacant
Next Purpose: REPLY
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Business: None present.
Matter is adjd for Reply to 05.02.2022.
Next Purpose: REPLY
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: None present.
Court is busy in order dictating in Summary Suit Nos. 535 of 2017, 24 of 2021 and 53 of 2021. Hence board is discharged.
Matter is adjd for reply on 19-04-2022
Next Purpose: REPLY
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: P.O. is on Trining
Next Purpose: REPLY
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: None for Plaintiff.
None for Defendant.
Defendant to file registered NM on record.
Matter adjourned to 04.10.2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: As court is busy in dictating order in SJ No. 40/2019 in Summary Civil Suit, remaining board of second session is discharged.
Matter is adj to 07/12/2022 for reply on NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: None for plaintiff.
None for defendant.
The draft N/M is filed by defendant on 29/07/2019, same is taken out for registration on 07/08/2019.  However, in spite of lapse of more than 3 years the N/M is not registered and tendered on record.
My Ld. Predecessor has observed this fact in roznama dated 05/03/2000 so also this court by order dated 04/08/2022 had again directed to defendant to tender registered N/M, however same is not yet tendered.
Therefore, keep the matter for dismissal order of N/M.
Matter is adj to 25/01/2023 for dismissal order on N/M.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: As Court is busy in dictating judgment in Suit No.6747 of 2005, remaining second session board is discharged, matter is adj to 18/03/2023 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
None for plaintiff.
None for defendant.
This court by detailed order dated 07/12/2022 had kept the matter for dismissal order.
Defendant is absent and N/M is till date neither registered nor tendered on record.  Hence, draft N/M filed by the defendant dated 29/07/2019 hereby stands dismissed in default.
Matter is adj to 26/06/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-06-2023

Date: 26-06-2023
Business: Adv. Mr. Aditya Mehta for plaintiff present and seeks adjournment for filing affidavit of evidence. O- Adjournment granted.
Matter is adj to 25.9.2023 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and his advocate are absent.
Matter is adj to 27.10.2023 for filing evidence affidavit (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Rishabh Botadra for plaintiff is present.
As court is busy in recording evidence in Suit No. 6983/06, remaining morning board is discharged.
Parties are at liberty to tender affidavits, reply, application etc, if any.
Matter is adj to 05.01.2024 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-01-2024

Date: 05-01-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Keep back.
Later on at 2.48 pm
The plaintiff and his advocate are absent.
Matter is adj to 21.02.2023 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-02-2024

Date: 21-02-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff is given last chance to file ex-parte evidence.
Matter is adj to 23.04.2024 for filing original documents and       ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-04-2024

Date: 23-04-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Aditya Mehta for plaintiff is present and tendered adjournment application. Taken on record. It is marked as Exh- 2. Adjournment is granted.
Matter is adj to 04/07/2024 for Ex-parte evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-07-2024

Date: 04-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff is given last chance to file ex-parte evidence.
Matter is adj to 20.09.2024 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-09-2024

Date: 20-09-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Representative of plaintiff is present and requested for adjournment to file evidence. Adjournment is granted.
Matter is adj to 12.11.2024 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-11-2024

Date: 12-11-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Aditya Mehta  for plaintiff is present and filed an application for secondary evidence. Taken on record. It is marked as Exh-2. O-Put up for order
Matter is adj to 10.01.2025 for Order on Exh-2.
Next Purpose: ORDER
Next Hearing Date: 10-01-2025

Date: 10-01-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Order below Exh-2
Perused application and record. Heard Ld. Counsel for plaintiff. It is pertinent to note that plaintiff is seeking permission to lead secondary evidence in respect of service receipt of legal notice sent on 13.02.2019 and postal receipt of notice sent on 27.02.2019 on the ground that original receipts are misplaced. Thus, it is the contention of plaintiff that plaintiff had taken out the copies of said original documents by mechanical process and same were also compared with the original. Therefore, considering reason in application and in the interest of justice, it is necessary to allow the plaintiff to lead secondary evidence. Hence, I proceed to pass following order-
Order
1.     Application at Exh-2 is hereby allowed.
Matter is adj to 21.02.2025 for ex-parte evidence of plaintiff.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-02-2025

Date: 21-02-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 24.04.2025 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-04-2025

Date: 24-04-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 03.07.2025 for further evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-07-2025

Date: 03-07-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Plaintiff is given last chance to file ex-parte evidence.
Matter is adj to 21.08.2025 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-08-2025

Date: 21-08-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 23.09.2025 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-09-2025

Date: 23-09-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 13.11.2025 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-11-2025

Date: 13-11-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Plaintiff is given last chance to file ex-parte evidence.
Matter is adj to 09.01.2026 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-01-2026

Date: 09-01-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Plaintiff was given last chance to file ex-parte evidence. Plaintiff failed to file ex-parte evidence. Hence, matter is kept for dismissal order.
Matter is adj to 21.02.2026 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 21-02-2026

Date: 21-02-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 1.05 pm
Both parties and their advocate are absent.
Order below Exh-1
Perused record. The suit is filed on 16.04.2019. Defendant appeared in the matter and filed draft Notice of Motion on 29.07.2019. The said Notice of Motion came to be dismissed in default on 18.03.2023 and matter was proceeded ex-parte. Matter is pending since 26.06.2023 for filing ex-parte evidence. The plaintiff is given ample opportunity to file his ex-parte evidence. However, till date plaintiff failed to file ex-parte evidence. It appears that plaintiff is not interested in conducting the matter. Matter is five years old. Therefore, no purpose would served by keeping the matter pending. Hence, I proceed to pass following order-
Order
Sum. Suit No. 567 of 2019 is hereby dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 21-02-2026

Registration Number: 100567/2019
Transfer Date: 13-11-2019
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100567/2019
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100567/2019
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 104686/2019
Filing Date: 16-04-2019
First Hearing Date: 29th July 2019
Decision Date: 21st February 2026
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE