Mr. Anil Kantilal DalaVsBharat Hasmukhlal Thakker

Date: 02-07-2019
Business: Plff Mr. Anil Kantilal Dalal present.
Defendant present.
It seems that, due to heavy rainfall in Mumbai, remaining parties are unable to attend the Court, hence case is adjourned to 23/08/2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-08-2019

Date: 23-08-2019
Business: Court is busy in dictating Judgment in suit no.3079/2008, hence case is adjourned to 24/10/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-10-2019

Date: 24-10-2019
Business: Plaintiff present.
Advocate Puranik for Defendant present and filed vakalatnama, t.o.r.  Advocate for Defendant submitted that on next date he will file reply to NM no.3596/19 taken out by Plaintiff.
Case is adjourned to 17/01/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: PO IS ON LEAVE.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: None present for Plaintiff.
None present for Defendant.
In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard.
Case is adjourned to 30/06/2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-06-2020

Date: 30-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2020

Date: 30-06-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2020

Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 04/01/2021 for NM Reply Rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: None present for Plaintiff/s.
None present for defendant/s.
As nobody present for both the parties, matter is adjourned for Notice of Motion reply to  23.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: Adv Ms. Seema Hunarkar for plff present.
None present for deft.
Despite granting several opportunities, deft failed to file reply to NM 3596/2019 hence, said NM to proceed further without reply of the deft.
Matter is adjd. for NM hearing without reply of deft to 15.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: None present for the plaintiff.
Adv. Puranik for defendant present.
As nobody is present for the plaintiff, considering the present pandemic condition, matter is adjourned at same stage to 13.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Adv Ms. Seema Humurkar for plff present.
None present for deft.
As court is busy in hearing arguments in High Court Time Bound SU No.1627/2013 and hearing in NM No. 4281/2016 hence, this matter is adjd. at same stage to 05.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: L.O.at 4.15 p.m.
Adv Mr. Jayant Puranik for deft present and filed draft NM along with affidavit in support under O-7 R-11 of C.P.C.. O-Leave to register is granted with direction to serve the plff.
Adv for the deft submitted that he will file written argument in N.M.No.3596/2019 on the next date.  O Liberty is granted to him to file written argument in N.M.No.3596/2019 with direction to serve the copy of said written argument on the adv. For the plff at least  one day in advance before the next date.
Adjd. for NM reply, NM hearing and order to 13.10.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Adv Ms. Seema Hunurkar present for plff.
Adv Mr. Puranik present for deft. and tendered registered N.M.No.2438/2021 along with affidavit in support.
He seeks time to file written argument in N.M.No.3596/2019. Adv. for plff requested to pass some interim order in favour of the plff in said N.M.by submitting that she has already argued the said NM. Since deft has taken out NM under O- R-11 of C.P.C. and since the NM of plff is pending since long without any interim relief, adjournment as a last chance is granted to the adv. for deft to file his written argument in NM No.3596/2019 with direction that in case of his failure, said NM will be decided in accordance with the law. Adv. for the plff seeks time to file reply to NM No.2438/2021.
O- Time granted till next date.
Matter is adjd. for NM reply and written argument by deft to 08.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: Adv Mr.Rajjiv Singh h/f Adv Mr. Puranik present for deft and mentioned the matter in the morning session.  He seeks adjournment by submitting that adv. on record of the deft is held  up in Aurangabad due to bus-strike and said adv. will not be able to attend the Court today. He submitted that he has already communicated about it to the adv. for the plff.
None present for the plff.
Matter is on the board of afternoon session hence, kept back.
L.O. at  3.15 p.m.
None present for the plff.
Deft present with adv. Rajiv Singh h/f Adv Mr. Puranik for deft.
Adv for deft seeks adjournment.
As nobody is present for the plff and for the reason stated by ld. Advocate for the deft which is recorded in the roznama in the morning session, adjournment is granted.
sent, matter is adjd. for NM hearing and reply to 12.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Adv Seema Hunhunkar for plff present.
Adv Puranik for all deft present.
For want of time, matter is adjd. for NM hearing 23.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2021

Date: 12-11-2021
Business: Adv Seema Hunhunkar for plff present.
Adv Puranik for all deft present.
For want of time, matter is adjd. for NM hearing 23.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Adv Ms. Mangle present for plff. and seeks adjournment to file reply to NM No.2438 of 2021.
Deft present in person and request to keep back the matter.
K.B.
L.O. at 4.45 p.m.
Adv. Vaibhav Kamble present with defendant and filed draft Notice of Motion alongwith affidavit in support for setting aside no reply order dated 23.03.2021. As the plaintiff has also claimed adjournment for filing reply to Notice of Motion taken out by the defendant under Order 7 Rule 11 of Civil Procedure Code, leave to register is granted with direction to serve the plaintiff.
Matter adjourned for Notice of Motion reply and hearing to 30.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Business: Adv Mr. Mayur present for plff.
Adv Mr. Vaibhav Kamble  present for defts. and seeks extended time to register the NM taken out on 23.11.2021.
Adv for the plff endorsed his no objection on the affidavit filed in support of said draft NM . Since the adv. for the plff has no objection, draft NM taken out for setting aside order dt.23.03.2021 and for seeking permission to file reply to NM No.3596/2019 is allowed.
Deft to get said draft NM registered for statistical purposes.
Adv for the plff seeks time to file reply to NM taken out by deft under Order-7 Rule-11 C.P.C.
By consent, matter is adjd. for NM reply and hearing to 04.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2021

Date: 04-12-2021
Business: Adv Mr. Mayur present for plff.
Adv Mr. Puranik present for deft and submitted that N.M.No.2438/2021 taken out by the deft under O-7 R-11 C.P.C. is already tendered in the Court alongwith supporting affidavit.
Adv for the plff submitted that reply in said N.M. is ready and he is placing on record its unaffirmed copy today with liberty to file affirmed copy on Monday. He is permitted to place on record unaffirmed copy of the reply in NM No.2438/2021. Copy is served on the adv. for the deft.
Adv for the deft filed reply in NM no.3596/2019. Copy given to the adv. for the plff.
Arguments of adv. for the plff heard in N.M.No.3596/2019 and 2438/2021. Adv for the deft seeks adjournment.
By consent,matter is adjd. for NM hearing of deft. to 14.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Adv Mr.Faria present for plff. and filed affidavit in reply in NM No.2438/21.
Adv Mr.Puranik present for deft. and filed written notes of argument in NM No.3596/2019.
Heard further oral arguments of both sides in NM No.3596/2019 and 2438/2021.
Matter is adjd. for order 20.12.2021.
Next Purpose: ORDER
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Court is on Leave.
Next Purpose: ORDER
Next Hearing Date: 14-01-2022

Date: 20-12-2021
Business: Court is on Leave.
Next Purpose: ORDER
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: Plff present in person.  His advocate absent.
None present for deft.
Matter is kept today for NM order however, stenographer is on leave and alternate stenographer is not provided due to which, it is not possible to pass order today hence, matter is adjd. to 21.01.2022 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: Court is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 28-01-2022

Date: 21-01-2022
Business: Court is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: Plaintiff present in person with his learned advocate Shri Mayur.
Defendant present in person with his learned advocate Shri Vaibhav Kamble.
Matter is kept today for passing order in Notice of Motion taken out by both the parties.
A query was made at learned advocate for the plaintiff on which, learned advocate for the plaintiff requested to keep the matter on 31/01/2022 for answering the query put by the court. Advocate for the defendant has no objection hence, by consent, matter is kept for further Notice of Motion hearing on Law points to 31/01/2022.
Authenticated copy of this roznama be given to both the parties as per rules.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2022

Date: 31-01-2022
Business: Adv. Mayur for plff. present.
Defendant present with his adv. Puranik.
Heard further arguments on law points in respect of the query made on previous date.
FRSR following order passed in Notice of Motion No.2438 of 2021.
                   ORDER
Notice of Motion No.2438 of 2021 is dismissed.
FRSR following order passed in Notice of Motion No.3596 of 2019
                   ORDER
Notice of Motion No.3596 of 2019 is dismissed.
Matter is adjd. for service of writ of summons to 01.03.2022.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: None present for the plaintiff.
Defendant present in person and submitted that writ of summons is not served upon him by the plaintiff till date.
Plaintiff to serve the defendant with writ of summons.
Matter is adjd. for service to 28/04/2022.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: None present for plff.
Deft present in person and submitted that writ of summons is not served till date by the plff.
As nobody is present for the plff, matter is adjd. for order to 19.07.2022.
Judge
Next Purpose: ORDER
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: None present for plaintiff.
Defendant present.
The plaintiff failed to comply with the service of suit summons, hence, suit is kept for dismissal.
Matter adjd to 03.10.2022 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: None present for plaintiff.
Adv.Puranik for defendant present.
KB
LO at 11.35 am
None present for both sides.
KB
LO at 02.45 pm
None present for both sides.
KB
LO at 05.25 pm
None present for both sides.
ORDER BELOW EXH.1
Read the order dated 01.03.2022, the plaintiff was directed to serve  the suit summons on the defendant. The plaintiff failed to comply with the same. On 28.04.2022 noting the absence of plaintiff, suit was adjourned for order. On 19.07.2022, the plaintiff again remained absent and failed to comply with direction of service of suit summons. Hence, by order dated 19.07.2022, today the suit is kept for dismissal. Since morning the plaintiff remained absent and failed to take steps. Sufficient time and opportunity has been availed by the plaintiff. He failed to comply with the direction of service of suit summons, in the result I pass following order.
ORDER
1. Suit is dismissed for default.
2. Parties to bear their own costs.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 03-10-2022

NOTICE OF MOTION/103596/2019
NOTICE OF MOTION/102438/2021
NOTICE OF MOTION/103034/2021

Registration Number: 101384/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 105103/2019
Filing Date: 24-04-2019
First Hearing Date: 02nd July 2019
Decision Date: 03rd October 2022
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE