Date: 26-11-2020
Business: Adv. Dhananjay Mahamuni present for Plaintiffs and filed original Notice of Motion No. 1437/2020 alongwih affidavit in support. He also filed affidavit of service. t.o.r.
None present for defendants.
It seems that defendants are unable to attend the court due to corona pandemic, hence case is adjourned for giving fair opportunity to defendants.
Case is adjourned to 16/12/2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Advocate Ms. Naina Desai for plaintiff present and filed additional copy of Notice of Motion no.4610/2019 with affidavit in support t.o.r.
None present for Defendants.
It seems that due to Corona pandemic, Defendants and their advocate are absent, hence case is adjourned to 10/02/2021 for Notice of Motion reply/hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: None present for both the parties.
As nobody present for both the parties, considering pandemic condition, matter is adjourned for NM hearing to 22.02.2021.
Judge
L.O.
Adv Mr. Dhanajay Mahamuni for plff present.
Already adjd. to 22.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: Adv Mr. Mahmuni for applicant present and submitted that it is recorded in roznama dt. 26.11.2020 that plff has filed affidavit of service. In fact, affidavit of service of either of two notice of motion is not filed by the plff.
Adv for plff seeks time to file affidavit of service.
Matter is adjd. for affidavit of service and reply to 22.03.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Plff No.1 present with Adv Mr. Mahamuni h/f Adv.Mr. Sanjay for plff and filed affidavit of service of NM No.4222/2018 and affidavit of service in NM No.1437/2020. He brought to the notice that original postal receipt and track report are already placed on record on 26.11.2020 and it is recorded so in the roznama of the said date. Service is proper.
Nobody appeared for deft despite service hence, N.M. No.4222/2018 and 1437/2020 be kept for hearing.
None present for deft.
Matter is adjd. for NM hearing to 19.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-05-2021
Date: 07-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Plff present with Adv Mr. Dhananjay Mahmuni for plff.
None present for deft.
Heard argument of adv. for plff in N.M.No.4222/2018.
F.R.S.R. following order is passed.
ORDER.
Notice of Motion No.4222 of 2018 is allowed in terms of its prayer clauses (a) and (b).
Suit No.655 of 2014 is restored and it be kept for recording evidence of the plaintiff so also, for hearing on Notice of Motion No.1437 of 2020 on 20/10/2021.
----
Matter is adjd. for recording evidence and hearing on NM No.1437/2020 to 20.10.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: None present for both parties.
K.B.
L.O.at 4.00 p.m.
Adv Mr. Mahmuni for plff present.
Suit is restored as per the order passed on previous date in NM No.4222/2018. N.M.No.1437/2020 is kept for hearing today however, nobody is present for deft. for giving fair opportunity to the deft to contest said NM on merits, plff is directed to intimate the next date of hearing fixed in the said NM.
On request of adv. for the plff, permission to send letter of intimation by Speed Post is granted.
Matter is adjd. for appearance of defts and NM hearing to 28.10.2021.
Next Purpose: FOR APPERANCE
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Adv.Mr. Mahamuni present for plff. and submitted that he has sent notice of intimation to the other side as per the direction given on previous date but acknowledgment is awaiting.
None present for deft.
Matter is adjd. for further NM hearing to 29.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Plff present with Adv. Mr. Mahamuni for plff. and filed affidavit of service in NM No.1437/2020. Statement made in the affidavit that the postal envelope containing notice is returned back by the postal dept. with endorsement as unclaimed is supported by the postal envelop produced with the affidavit of service. Deft did not appear.
None present for deft.
Matter is adjd. for NM hearing to 14.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv Mr. Dhananjay Mahamuni for plff present.
Adv Ms. Sujata Shikhre for deft present and seeks time to file reply to NM No.1437/2020 by submitting that she has not received copy of said NM. Adv for the plff submitted that though the copy already served, he will supply another copy to the adv for the deft.
By consent, matter is adjd. for NM reply and hearing to 11.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv Mr. Mahamuni present for plff.
Adv Sujata Shikhre present for deft. and filed affidavit in reply in NM No.1437/2020. She has also produced documents with list. Copies given to the adv for plff in Court today.
By consent, matter is adjd. for NM hearing to 06.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Adv.D.S.Mahamuni for plaintiff present.
Adv.Menon for defendant present.
KB
LO at 04.00 pm,
Adv.D.S.Mahamuni for plaintiff present.
Adv.Menon for defendant present.
Heard both the sides in NM No.1437/2020.
Matter adjd to 13.07.2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: None present for both sides.
KB
LO at
None present for both sides.
F.R.S.R. the following order is passed.
ORDER
1. Notice of Motion No.1437/2020 is dismissed.
2. Costs of this notice of motion shall follow the event.
3. Notice of Motion No.1437/2020 is disposed of accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 13-07-2022