Mr. Subhashkumar Prannath GuptaVsUniversal Construction Machinery and Equipment Ltd

Date: 27-09-2018
Business: Adv. Shetty for Plaintiff present.
None  for Defendant
Advocate for plaintiff has filed service affidavit, TOR.
Matter is adjd. to 25/10/2018 for Exparte order.
Next Purpose: ORDER
Next Hearing Date: 25-10-2018

Date: 25-10-2018
Business: Adv. Ganesh Shetty for Plaintiff present.
None for Defendant.
Advocate for plaintiff has orally submitted that he will file the evidence affidavit of plaintiff on next date.
Matter is adjd. to 12/12/2018 for Exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-12-2018

Date: 12-12-2018
Business: Adv. for Plaintiff absent.
None for Defendant.
Matter is adjd. to 24/01/2019 for Exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-01-2019

Date: 24-01-2019
Business: Adv. Ganesh Shetty for Plaintiff present.
None for Defendant.
On the oral request of the advocate for plaintiff,
Matter is adjd. to 14/03/2019 for Exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-03-2019

Date: 14-03-2019
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 22/04/2019 for Exparte Evidence.
L.O.
Adv. Ganesh Shetty for plaintiff present.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Adv for plaintiff Mr.Ganesh Shetty present
Adv for plaintiff requested for adjournment
O-Granted
Matter is Adjd for Exparte Evidence to 03/07/2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: Adv. Shetty for plaintiff present.
Adjd. to 26.08.2019 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: Adv.Ganesh shetty for plaintiff.
On oral request Adjd to 07/11/2019 for ex- parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-01-2020

Date: 04-01-2020
Business: P.O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: None present.
Matter is adjd to 25/06/2020 for Hearing.
LO
Adv Ganesh Shetty for pltff present.
Next Purpose: HEARING
Next Hearing Date: 25-06-2020

Date: 25-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None present
Adjd to 26-02-2021
Next Purpose: HEARING
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: None present for plaintiff and defendant.
Adjd. To 19/07/2021 for hearing.
LO. at 1.00 p.m.
Adv. Shetty for plaintiff present.
Already adjd. On 19/07/2021.
Next Purpose: HEARING
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: Both the parties absent when called out.
Adjourned to 01.09.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: Adv. Ganesh Shetty for plaintiff present and filed draft C/S with supporting affidavit for setting aside abatement, condonation of delay and bringing LRs t.o.r. and Leave is granted to register the C/S.
None for defendant
Matter is adjd.to 30-09-2021 for Filing register the C/S.
Next Purpose: FOR___________________
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Adv. Ganesh Shetty for applicant Vikas Gupa present and filed C/S No. 1052/21 with supporting affidavit.
None for defendant.
Adv. for the applicant sought time for filing affidavit of service  - Time granted.
Matter is adjd.to 28-10-2021 for filing affidavit of service
regarding C/S.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Both parties and their advocates are absent when matter called out.
Matter is adjd.to  01-12-2021 for for filing affidavit of service
regarding C/S.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: None for plaintiff.
Considering nature of C/S No. 1052/21, it is being decided in the absence of parties with the help of material on record.
On perusal of record and C/S, it appears that the plaintiff expired on 07-01-2021 as per death certificate Exh. A annexed with affidavit in support. Present C/S is filed by son of the deceased plaintiff on 01-09-2021. The suit abates after the period of 90 days from the date of death of the plaintiff as per Order 22 Rule 3(2)of the C.P.C. if no application is made within limitation period. Limitation to file such application is 90 days as per article 120 in the schedule to the Limitation Act, 1963.  Considering, situation of COVID-19 Pandemic and directions of Hon’ble Supreme Court in Sue Moto writ petition (Civil) No. 3/2020, limitation period is extended till 02-10-2021. The legal representatives of the plaintiff has right to proceed ahead in the matter because cause of action survives for them to continue action against the defendant in money recovery suit . Hence, C/S No. 1052/21 is made absolute  in terms of prayer clause (a),(b) & (c). Proposed plaintiff (son of the deceased plaintiff ) is directed to carry out amendment in the plaint as per schedule within 15 days from the date of this order.
Proceeding of C/S No. 1052/21 is closed.
Matter is adjd.to   16-12-2021 for  compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Court is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-01-2022

Date: 25-01-2022
Business: None for plaintiff.
None for defendant
Matter is adjd.to 01-03-2022 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: None for plaintiff.
Last chance is given to son of the deceased plaintiff for carrying out the amendment in the plaint as per order in C/S No. 1052/21
Matter is adjd.to 19-03-2022 for compliance of order in
C/S No. 1052/21.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: Adv. Ganesh Shetty for plaintiff present  and prayed for adjournment for taking steps - short date be given.
Matter is adjd.to   08-06-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Business: None present when called.
Adjd for taking steps to 29/07/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: None for plaintiff.
None for defendant.
Plaintiff directed to take steps for service writ of summons to the defendant.
LO
Adv. Ganesh shetty for plaintiff present.
Matter is adjd.to 15-09-2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: None present.
Plff. directed to take steps.
Adjd. to 03.12.2022.
L.O. at 12.42
Adv. Ganesh Shetty for plaintiff present and filed affidavit of service of amended copy of plaint and letter to the defendant. t.o.r. marked as Exh.2
Matter adjd for Exh-parte evidence to 03.12.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-12-2022

Date: 03-12-2022
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: None for plaintiff.
None for defendant.
Case is adjourned for exparte evidence to 09-02-2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: Adv. Ganesh Shetty for plff. Present and sought time for filing evidence- Granted.
Case is adjourned for ex-parte evidence to 16.03.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: None present.
Plaintiff directed to adduce evidence.
Case is adjourned for exparte evidence on 17.04.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Plaintiff in person present. His advocate absent. Plaintiff is sought time for filing evidence. Granted.
None for defendant.
Case is adjourned for exparte evidence to 08-06-2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: Mr. Subhashkumar Prannath GuptaVs Universal Construction Machinery and Equipment Ltd
Adv. Debhshih Nag present for plaintiff.
He is seeking oral adjournment to lead evidence.
Defendant side absent.
Matter adjourned for  Ex-parte evidence to 25.07.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-07-2023

Date: 25-07-2023
Business: Mr. Subhashkumar Prannath Gupta Vs Universal Construction Machinery and Equipment Ltd
All called, but absent.
Plaintiff to take steps regarding evidence. Else, put for necessary order.
Matter adjourned to 10.11.2023 for evidence of plaintiff.
Later on at 12.40 Hrs.
Adv. Ganesh Shetty present for plaintiff.
Exh.3- Evidence affidavit filed by plaintiff.
Exh.4- List of documents.
Matter adjourned to 10.11.2023 for further evidence of plaintiff.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-11-2023

Date: 10-11-2023
Business: Subhashkumar Gupta V/s Universal Construction
Adv. Ganesh Shetty present for plaintiff.
Plaintiff is seeking oral adjourned to lead evidence by next date.
Case adjourned to 13.02.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-02-2024

Date: 13-02-2024
Business: Subhashkumar Gupta V/s Universal Construction
Adv. Debashish Nag present for plaintiff.
Plaintiff witness absent.
Defendant side called, but absent.
Plaintiff has not exhibited his documents and had directly filed evidence closure pursis.
Put for dismissal order.
Suit adjourned to 12.03.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 12-03-2024

Date: 12-03-2024
Business: Subhashkumar Gupta v/s Universal construction
Adv. Ganesh Shetty present for plaintiff.
Plaintiff Subhashkumar Gupta present.
Exh.5 - Application filed by plaintiff for withdrawal of, Evidence closure pursis.
Suit is ex-parte.
Order - Exh.5  is allowed.
Plaintiff is permitted to lead evidence.
Suit adjourned to 18.03.2024 for marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: Adv. Ganesh Shetty present with plaintiff Vikas Gupta.
Perused certificate u/sec 65B of Indian Evidence Act, filed by plaintiff.
Plaintiff is seeking oral adjournment to lead evidence.
Suit adjourned to 25.04.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-04-2024

Date: 25-04-2024
Business: Subhashkumar Gupta V/s Universal construction
Adv. Ganesh Shetty present for plaintiff.
Plaintiff witness Vikas Gupta present.
Later on at 13.08 Hrs.
Adv. Ganesh Shetty present for plaintiff
Plaintiff witness absent.
Exh.06- Fresh Certificate u/s 65B filed by plaintiff.
Exh.07- List of additional documents filed by plaintiff.
Suit adjourned to 05.08.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2024

Date: 05-08-2024
Business: Mr. Subhashkumar Vs Universal Construction Machinery
Adv. Ganesh Shetty present for plaintiff.
Defendant side called, but absent.
On his oral request suit is kept back.
Later on at 12.51 Hrs.
Adv. Ganesh Shetty and Adv. Shrey Bhardwaj present for plaintiff.
Plaintiff witness Vikas Gupta present.
Defendant side called, but absent.
Exh.08- Vakilpatra filed by plaintiff.
Perusal shows that, plaintiff has filed Certificate u/s 65B of Indian Evidence Act. It do not match the list of documents and emails.
Plaintiff to take appropriate steps.
Suit adjourned to 26.09.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2024

Date: 26-09-2024
Business: Mr. Subhashkumar Vs Universal Construction Machinery
Adv. Shrey Bharadwaj present for plaintiff.
Plaintiff submitted that, they want to withdraw the Suit before Lok-adalat.
Suit adjourned to 28.09.2024 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 28-09-2024

Date: 28-09-2024
Business: CORAM-H.H.J SHRI. CHANDRAKANT S. DATIR
LOKADALAT PANEL NO.XIII(CR. NO. 31)
Both parties and their counsel are absent.
Matter is ajdn to 12.11.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2024

Date: 12-11-2024
Business: Plaintiff side called, but absent.
Defendant side called, but absent.
Suit adjourned to 20.01.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2025

Date: 20-01-2025
Business: Matter pertains to Court Room No.31.
Adv. Shrey Bhardwaj present for plaintiff.
Suit adjourned to 28.01.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-01-2025

Date: 28-01-2025
Business: Mr. Subhashkumar Vs Universal Construction Machinery
Adv. Shrey Bhardwaj present for plaintiff.
Defendant side called, but absent.
On oral request of plaintiff, Suit adjourned to Lok- Adalat.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 22.03.2025 for Lok-adalat.
                                                                                     Judge
Next Purpose: Lok-Nyayalay
Next Hearing Date: 22-03-2025

Date: 22-03-2025
Business: Matter pertains to C. R. No. 31.
Adv Shrey Bharadwaj for plaintiff present.
Plaintiff filed an application for withdrawal of suit. t.o.r. marked as Exh. 09.  O- Allowed as prayed for.
Terms of compromise. t.o.r. marked as Exh. 10.
Award. t.o.r. marked as Exh. 11.
In terms of withdrawal application (Exh. 09), Commercial Summary Suit 713/2021 stands disposed off.  Court Fees be refunded as per rule.  Proceeding is closed.
Nature Of Disposal: LOKADALAT
Disposal Date: 22-03-2025

CHAMBER SUMMONS/101052/2021

Registration Number: 100713/2021
Transfer Date: 25-05-2021
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 31 - COURT 31  ADDL SESSIONS JUDGE

Filing Number: 105072/2018
Filing Date: 09-04-2018
First Hearing Date: 27th September 2018
Decision Date: 22nd March 2025
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE