Date: 12-02-2021
Business: Adv. Didisha Rohira for plaintiff present.
Adv. Gandhy for deft. no.2 present.
Exh.1 Plaint.
Exh.2 Vakalatnama.
Exh.3 Memorandum of address.
Exh.4 List of documents.
Exh.5 Vakalatnama of Phoenix Legal filed on behalf of deft. no.2 by Adv. Gandhy. T.O.R. O. - Seen and filed.
Ld. counsel for deft. no.2 seeks time to file written statement. Granted.
Ld. counsel for plaintiff submitted that deft. no.1 could not be served hence, seeks time to take steps to serve deft. no.1. Granted.
The matter is adjd for steps and written statement to 08.03.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv. Vidisha Rohira i/b. Crawford Bayley and Co. for plaintiff present.
Adv. Bhagwat for deft. nos.1 and 2 present.
Vakalatnama filed on behalf of Phoenix Legal for deft. no.2. T.O.R.
O. - Seen and filed.
Ld. counsel for deft. nos.1 and 2 seeks time to file written statement as the CD which are annexure of the plaint were not supplied. The Ld. Counsel for plaintiff submitted that as per her instruction, those are supplied. She would submit that she will again supply it to counsel for deft. nos.1 and 2. In that view, the matter is adjourned for filing written statement.
The matter is adjd for written statement to 06.04.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for written statement to 02.07.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: 02.07.2021
SU 150/21
CORAM : HHJ SHRI K. M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1)
In view of office order no.120/2021 dated 27.06.2021, the matter not being urgent, is adjourned to 27.08.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: None present for plff.
Adv. Gandhi for deft\''s is present.
On oral request of Adv.for deft matter adjourned for written statement.
Matter adjd for written statement on 03.12.2021.
LO at 11.35 a.m.
Adv. Rushabh Vig for plff is present.
Matter adjd for written statement on 03.12.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv Vrushabh Vig for pltff present.
Adv. Madhavi Doshi for deft present.
On oral request of adv for deft,
Matter is adjd to 07/02/2022 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-02-2022
Date: 07-02-2022
Business: As per Office Order No. ''27 of 2022'', to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar and pay respect to the departed soul, this office has declared holiday today, therefore matter is adjourned.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: P.O. is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: P. O. is on leave. Matter is adjd to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: Adv. Joshi for plaintiff is present.
Adv. Vikrant Kamat for defendants is present.
Roznama shows that inspite of giving ample opportunities to the defendants since 12.02.2021, they failed to file WS. Today also defendants have not filed their WS. No sufficient cause shown for non filing of WS. Hence, the matter proceeded without WS of defendants.
Matter adjd to 14.12.2022 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Adv. Mantul Bajpai for plaintiff is present.
Adv. Pradeep Gandhy a/w Adv. Zoeb Cutlerywala and Adv. Vikram Kamath for defendant are present and tendered original registered NM No. 4621/22 and NM No. 4622/22 a/w affidavit in support of it. T.O.R.
The plaintiff has filed an application for withdrawal of suit t.o.r marked as Exh.7. O- Call say of other side.
Perused the application and heard both the sides.
ORDER
It is submitted on behalf of the plaintiff that the plaintiff do not want to proceed with the matter and thus want to withdraw the suit unconditionally.
The Ld.Adv.for defendant has no objection to withdrawal of the suit. It is contended that however the defendant has to contest the matter since two years hence he asked for the cost.
It is not in dispute that due to filing of the suit the defendant has to engage the advocate and to proceed with the matter. Thus considering this aspects, I am of the view that some cost need to be imposed on the plaintiff. Thus, permission to withdraw the suit unconditionally is granted subject to payment of cost of Rs. 1500/- paid by plaintiff to defendants equally.
As the suit stands disposed of the NM No. 4621/22 and NM No. 4622/21 are disposed of accordingly.
Court fees, if any, be refunded as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 14-12-2022