Taj Seats Air Catering Ltd. - Suit St. No. 5465/2020VsRishi Kumar Roshanlal Jangra Alias Rishi Sharma

Date: 04-12-2020
Business: Adv. Kazi for plaintiff alongwith Mr. Tilu Sule, authorized representative and HR Manager of plaintiff present and filed original NM 1630/20 alongwith affidavit. He also filed affidavit of service alongwith sealed envelopes bearing an endorsement of the postal authorities that the defendant had refused  to accept the envelopes dated 11.11.2020. He submitted that the defendant has refused the service of both the envelopes. It amounts to deemed service.
Heard Ld. counsel for the plaintiff regarding urgency in the NM. He submitted that Mr. Tinu Sule, HR manager of the plaintiff was present before the court today informed that the defendant has come to Mumbai with his family and he squatting around offices of the plaintiff\''s company and around the place of residency mentioned in Exh. A at page 73 of the document filed with the plaint and trying to pressurize the officers of the plaintiff to allow  him to meet them and he is likely indulge in other defamatory / objectionable acts in respect of which plaintiff has prayed for grant of relief in terms of prayer clause (a) (i)(ii) and (iii) of the NM.
After hearing the Ld. counsel for the plaintiff, regarding the possible apprehension of the objectionable acts and conduct of the defendant as per the version of HR Manager of the plaintiff, who is present before the court, I am of the view that, it will just and proper to confirm the interim protection granted to the plaintiff vide order dated 06.11.2020. The defendant has refused to accept the service as per affidavit of service and the report of postal authorities on the envelopes. It amounts to deemed service.
The sealed envelopes received from the postal authorities by the plaintiff and produced before the court today are returned to the counsel to be preserved during the pendency of the suit and the affidavit of service is taken on record.
Under this circumstances, the interim protection granted to the plaintiff vide order dated 06.11.2020 in terms of prayer clause (a) (i)(ii) and (iii) of the NM is hereby confirmed.
Matter stands Adj for further hearing on the NM and passing exparte orders against the defendant to 13.01.2021.
Next Purpose: HEARING
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: Advocate Manish Kazi for plaintiff present.
Issue writ of summons to defendants. R/o 12.02.2021.
The case is adjourned to 12.02.2021  for writ of summons.
Next Purpose: HEARING
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Advocate Kazi for plaintiff present and submitted affidavit of service. TOR and marked Exh.2.
It is evident that the defendant has refused service by affidavit. Such endorsement is apparent on the postal envelope tendered with affidavit of service Exh.2.
None for defendant.
The case is adjourned to 23.03.2021  for exparte order.
Next Purpose: ORDER
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: Advocate Kazi for plaintiff present.
None for defendant.
The case is adjourned to 29.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Adjourned due to COVID-19 pandemic.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: Adv. Anis Kazi for plaintiff present.
None present for defendant.
As court is busy in hearing final arguments in SU No.3002/04 and evidence in SU 26/10.
Matter stands adjourned to 22.11.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Matter called out at 3.59 p.m.
Adv. Shweta Shinde for plaintiff present.
None present for defendant.
Matter stands adjourned to 20.06.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv. Shweta Shinde for plaintiff present.
None present for defendant.
Matter stands adjourned to 17.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: Adv. Anees Kazi for plaintiff present.
None present for defendant.
Heard advocate for plaintiff on NM No.1630/2020.
ORDER
As per roznama dated 04.12.2020, the prayers in NM under clause a(i)(ii) and (iii) came to be confirmed.  As per roznama dated 12.02.2021, the defendant has refused to accept the postal service of the summons. Now the plaintiff wants to proceed for recording of evidence. The NM No.1630/20 to be disposed of in terms of observations in roznama dated 04.12.2020. Hence, NM No.1630/20 stands disposed of.
In consequent of refusal to accept the summons, matter be proceeded exparte against defendant.
Matter stands adjourned to 09.01.2023 for exparte evidence.
Nature Of Disposal: OTHERWISE
Disposal Date: 17-10-2022

Filing Number: 105516/2020
Filing Date: 06-11-2020
First Hearing Date: 04th December 2020
Decision Date: 17th October 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE