Date: 30-04-2019
Business: Adv. Rajesh Singh along with Adv. Pathak, Adv. Priti R. Mahajan and Adv. Sunil Karoth for plaintiff present.
Adv. Amruta Devkat I/b Adv. Dalvi for defendant present.
Adv. for plaintiff filed registered Notice of Motion No. 1707/19. tor.
Ad interim order extended till next date.
Both the advocates have consented for date. Hence
Adjd for reply to 07/06/2019.
Next Purpose: REPLY
Next Hearing Date: 07-06-2019
Date: 07-06-2019
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 20-06-2019
Date: 20-06-2019
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Adv. S. R. Pathak h/f Adv. Singh for plaintiff present.
Adv. for defendant absent.
Earlier order if any to continue till next date.
Adjd for reply to 22/10/2019.
Next Purpose: REPLY
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Adv. for plaintiff present.
Defendant and adv. for defendant absent.
Exh- 2 Affidavit of service. t.o.r.
The deft is served with writ of summons on 18.04.2019 but till date not filed written statement. Hence suit to proceed without Written Statement.
Earlier interim relief order to continue till next date.
Adjd for hearing to 02/11/2019.
Next Purpose: HEARING
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: Adv. Priya Patil along with Adv. Sunil Karoth for plaintiff present.
Defendant and adv. for deft absent.
Adjd for hearing to 11/12/2019.
Next Purpose: HEARING
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Adv. Mr. Karoth along with Adv. S. R. Pathak for plaintiff present.
Adv. Smt. Naiyyar for defendant present.
Exh- 4 Adv. for defendant filed an application for condonation of delay.
Adjd for reply to application to 22/01/2020.
Next Purpose: REPLY
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. Mr. Sunil Karoth for plaintiff present.
Adv. Smt. Naiyyar for defendant present.
Representative of defendant Mr. Dilip Gosavi senior store officer is present.
Xerox copy of the authority letter of the representative of defendant is filed. t.o.r.
Adv. for defendant filed affidavit in support of application for condonation of delay. t.o.r
Adv. for plaintiff filed reply to the application. t.o.r.
Heard advocate for both the parties on application of delay.
The parties are ready for mediation. The plaintiff representative should remain present before mediator with all the documents. The same is applicable to defendant also.
Hence matter is referred to mediation.
Adjd for mediation report/hearing to 03/03/2020.
later on
Adv. Rajesh Singh for plaintiff present.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: adj to 14-03-2020
Next Purpose: MEDIATION REPORT
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Reason For Adjournment: court time is over
Next Purpose: MEDIATION REPORT
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: MEDIATION REPORT
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 27-08-2020
Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for awaiting mediation report to 07.12.2020.
Judge
Next Purpose: MEDIATION REPORT
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Advocate Sevil Karoth for plaintiff present.
None for defendants present.
Adjourned for awaiting mediation report on 13.01.2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Court is on leave
Next Purpose: MEDIATION REPORT
Next Hearing Date: 30-01-2021
Date: 30-01-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv Mr. Sunil Karot for plaintiff present.
None for defendant.
K.B at 4.00 p.m.
LO at 4.30 p.m.
Adv. Mr. Sunil Karoth for plff. present.
None for defendant.
Report of mediation failed is receive from the DLSA.
Adv. Mr. Karoth for plff, submits that no reply submitted by the deft. on NM no. 1707/2019. Plff. is ready to argue on NM.
Defendant to file the reply on NM, by supplying advance copy to the plff. in default further order on NM will be pass after argument of plff. reply on deft.
Matter is adjd.to 23.02.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv. Mr. Rajesh Singh a/w Adv. Sunil Karot for plaintiff present.
Adv. Ms. Bhansali for defendant, submits that earlier adv of deft. is a retired from this suit and deft has engaged her to appear in present suit. It is prayed for some time to go through the documents.
Exh.5- V/P of adv. Ms. Bhansali on behalf of deft.
It is strongly objected by adv. Mr. Rajesh Singh for plff.
Considering huge documents along-with plaint, adjd is granted r/o. 11.03.2021 at 12.30 p.m.
Matter is adjd.to 11.03.2021 for NM hearing on Exh.4
and NM no. 1707/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv. Mr. Sunil for plaintiff present.
Adv. Rajlaxmi Punjabi I/b Adv. P.M. Bhansali for deft. present.
Matter is adjd.to 26.03.2021 for NM hearing at
12.30 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv. Mr. Sunil Karoth for plaintiff, prayed for time to clarify about writ of summons.
Adv. Ms. P.N. Bhansali for defendant, submits that writ of summons is not served on deft. and plff to clarify about current status of bank guarantee.
Court is busy in dictation of other matters. Both side to argue positively on 08.04.2021.
Matter is adjd.to 08.04.2021 for NM hearing at 11.30
a.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: Adv. Rajesh Singh with Adv. Karoth for plaintiff present.
Adv Ms. P. M. Bhansali for defendant, submitted reply on NM no.1707/19.
Exh. 6 Application to withdraw Exh.4 is submitted by the defendant.
Heard argument of both sides.
F.R.S.R the following order is passed.
ORDER
1. In view of pursis vide Exh.6, application submitted by the defendant vide Exh.4 is disposed off as not pressed.
2. In view of specific clause mentioned in Rate Contract dated 17/05/2018, bank guarantee came to be expired on 26/04/2020. Therefore, Notice of Motion No. 1707/2019 becomes infructuous.
3. Considering specific liberty granted by this Court in roznama dated 24/04/2019, defendant to submit the written statement. Defendant to supply the copy of written statement to plaintiff.
4. Both side to submit draft issues and schedule of case management hearing to expedite hearing.
5. If both side insist, suit can be disposed off at the earliest by fixing the dates of twice in a week, as per convenience and schedule be fixed.
6. Exh.4 and Notice of Motion No. 1707/2019 stand disposed off.
7. Copy of written statement is marked vide Exh.7.
(Note - Ld. Adv. Karoth for plaintiff submits that he will challenge aforesaid order, till then written statement shall not be accepted. There is no executory order passed by this Court. Hence, no stay can be granted. Further hearing will depend on schedule of hearing (case management hearing), to be submitted by both side. Hence next date 15/06/2021 is given as prayed by Adv. Karoth.)
Adv. Karoth has refused to accept the copy of written statement marked vide Exh.7 and prayed for longer date, hence next date 15/06/2021 is granted as prayed.
Matter is adjd.to 15.06.2021 for draft issues.
Nature Of Disposal: OTHER
Disposal Date: 08-04-2021