Date: 09-08-2019
Business: Advocate Mr. Rehan for Plaintiff present
None present for Defendant.
Case is adjourned to 21/10/2019 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 21-10-2019
Date: 21-10-2019
Business: As holiday was declared on 21/10/2019, on account of Vidhansabha Election, matter is taken on today\''s board and adjourned
Next Purpose: DIRECTIONS
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Advocate Ms. Dimple Gala for Plaintiff present and filed affidavit of service, t.o.r. Along with affidavit the track consignment record about envelopes of writ of summons which were sent by Plaintiff by RPAD is also annexed showing that the envelopes of writ of summons are served upon Defendant nos.1 to 3. None present for Defendants when called.
Case is adjourned to 27/03/2020 for Order against Defendants/appearance of Defendants.
Next Purpose: ORDER
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Next Purpose: ORDER
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National Lock down
Next Purpose: ORDER
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 12/08/2020.
Next Purpose: ORDER
Next Hearing Date: 12-08-2020
Date: 12-08-2020
Business: As holiday hence adjourned tomorrow.
Next Purpose: ORDER
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Business: Due to corona pandemic and lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 22/12/2020 for order against defendant/appearance of defendant.
Next Purpose: ORDER
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Advocate Mr. P. G. Saraf for plaintiff present
None present for Defendant.
It seems that due to Corona pandemic, no one is present for defendant, hence case is adjourned to 25/01/2021 for order against Defendant.
Next Purpose: ORDER
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: None present for plaintiff
None present for defendants.
As nobody present for both the parties, considering pandemic condition, matter is adjourned for order against defendants to 26.02.2021.
Judge
L.O.
Adv Mr. Saraf for plaintiff present.
Adjd. to 26.02.2021.
Next Purpose: ORDER
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. Saraf for Plaintiff Present.
None present for Defendants
Roznama dated 13.01.2020 show that plaintiff has filed affidavit of service of writ of summons which is support by the track consignment service is proper. Despite proper service, defendants failed to appear hence suit to proceed Ex-parte against the defendants.
Adjourned for Ex-parte evidence to 26.04.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: Adv Smt.Dimpal Gala h/f Adv. Shri. Saraf for plff present.
None for deft present.
Considering the present pandemic condition, matter adjd.at same stage.
Matter is adjd. for Ex-parte Evidence to 01.09.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv Mr. Saraf for plff present and seeks adjournment.
None present for deft.
Matter is adjd. for evidence of plff. to 04.10.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv Mr. Saraf present for plff. and seeks adjournment.
None present for deft.
On request of adv. for plff, matter is adjd. for ex-parte evidence to 22.11.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: None present for the plff.
K.B.
L.O. at 3.35 p.m.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4.
Plff No.1 Maltiben present in person with Adv Mr. Saraf.
Affidavit in lieu of examination of PW-1 Maltiben at Exh.5
Plff has produced 11 documents with list Exh.6
Matter adjd. for admission denial to 15.01.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: Adjd Due to covid 19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: None present for both parties.
Plaintiffs to keep PW-1 present for exhibiting documents as defendants have failed to file reply about admission denial of documents.
Matter is adjd. for further examination in chief of PW-1 to 05.05.2022.
Judge
L.O.at 12.35 p.m.
Adv Mr. B.G. Saraf for plff present and seeks time to file additional Affidavit in lieu of examination-in-chief of PW-1 and document at serial No.1 in proper form.
Matter already adjourned for further examination in chief of PW-1 to 05/05/2022 at 12.30 p.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: None present for both parties.
Matter is adjd. for further evidence of plff. to 22.07.2022.
Judge
L.O. at 12.30 p.m.
Adv Mr. B.G. Saraf for plff present.
PW-1 Maltiben present and filed additional affidavit in lieu of examination in chief at Exh.7.
Heard argument about admission denial of documents. Following documents are marked as exhibits.
List of working shares is at Exh.8.
Letter dt.28/09/2006 addressed to plffs is at Exh.9.
Plffs letter dt.12/05/2018 is at Exh.10.
Letter dt.31/05/2018 addressed to the plff No.1 is at Exh.11.
Letter dt.19/06/2018 addressed to the pflf No.1 is at Exh.12.
Plffs Letter dt.14/07/2018 addressed to the deft No.2 is at Exh.13.
Letter dt.25/07/2018 addressed to the plffs is at Exh.14.
Copy of complaint dt.14/08/2018 lodged with Police is at Exh.15.
Missing certificate dt.14/08/2018 given by police is at Exh.16.
Letter dt.11/09/2018 addressed to plff is at Exh.17.
Letter dt.05/11/2018 addressed to the plff is at Exh.18.
Suit against deft is ex-parte hence, no cross examination.
On request of adv for plff, matter is ajd. for further evidence of plff to 09.06.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: None present for both the sides.
Plaintiff absent. No further evidence is adduced. Hence, plaintiffs evidence is closed, adjd for ex-parte argument.
Matter adjd to 27.06.2022 for ex-parte argument.
Judge
LO at 12.05 pm,
Adv.Saraf for pltff. Present.
Matter adjd to 27.06.2022 for ex-parte argument.
Judge
LO at 12.40 pm,
Adv.Saraf for pltff. Present and filed evidence close pursis t.o.r. and marked as Exh.19.
Heard final argument of advocate of pltff.
Matter adjd to 27.06.2022 for ex-parte judgment.
LO at 05.20 pm,
Adv.Samiksha for pltff. present.
At the time of final argument issue in respect of Court fee was raised and heard. The pltffs. therefore submitted the pursis calculating the Court fee and further submit that they are ready to pay the requisite Court fee, hence, Registrar (Civil) is directed to go through pursis, Exh.19 and pleadings in the plaint and submit report regarding the calculation of Court fee.
Matter already adjd to 27.06.2022 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: None present. Read the report of Additional Registrar in respect of Assessment for Court fee. The report is taken on record and marked as Exh.20. The plaintiff to make submission in that regard and to pay the Court fee if has no objection with respect to the report.
Matter adjd to 30.06.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: None present for both sides.
Read the endorsement dated 28.06.2022, the plaintiff has complied with the payment of Court fees. Already argument is heard. Case is adjd. to 05.07.2022 for judgment.
Judge
LO at 12.20 pm,
Adv.Samiksha Gopale h/f.Adv.B.G. Saraf for plaintiff present.
Matter adjd to 05.07.2022 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: None present.
KB
LO at 04.50 pm,
Adv. B.G. Saraf a/w.Adv.Samiksha Gopale for plaintiff present.
KB
LO at 05.20 pm,
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
a) The suit is decreed.
b) It is declared that, the alleged attempt of transfer made by defendant No.1 for transfer of 100 shares of TCS e-Serve Limited bearing distinctive Nos.2844146 to 2844845, Certificate No.28443 held under folio E8M0020642 and now new Folio No.C2M0000972, Certificate No.M201417625 and distinctive Nos. 1957265847 to 19572266171 and Certificate No. B301420128 and distinctive Nos. 1970474192 to 1970474516, is void.
c) Defendant No.1 is restrained from attempting to transfer the aforesaid shares.
d) The plaintiffs are entitled for the duplicate share certificate of aforesaid shares. Defendant No.3 to comply with the same on due compliance, if any, required from the plaintiff.
e) Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 05-07-2022
