Date: 07-06-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 08-07-2019
Date: 08-07-2019
Reason For Adjournment: court time is over
Next Purpose: C/S HEARING
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Plaintiff present. His advocate absent.
Advocate Mr. Arunkumar Roy for Defendants present and submitted that complete copy of Chamber Summons is not provided to Defendant and further NM taken out by Plaintiff is also not served upon Defendants. Considering submissions Plaintiff is directed to provide complete copy of Chamber Summons upon Defendant along with copy of NM.
Case is adjourned to 21/11/2019 for Compliance/hearing of Chamber Summons and Notice of Motion.
Next Purpose: C/S HEARING
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Court is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Advocate Mr. Sagar Batavia for Plaintiff present
Advocate Mr. A. K. Roy for Defendants present
Court is busy in hearing Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as court has to hear urgent matters, hence case is adjourned to 15/04/2020.
Next Purpose: C/S HEARING
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lock down
Next Purpose: C/S HEARING
Next Hearing Date: 02-06-2020
Date: 22-04-2020
Business: National Lock down
Next Purpose: C/S HEARING
Next Hearing Date: 02-06-2020
Date: 22-04-2020
Business: National Lock down
Next Purpose: C/S HEARING
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: C/S HEARING
Next Hearing Date: 19-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: C/S HEARING
Next Hearing Date: 19-06-2020
Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: C/S HEARING
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: C/S HEARING
Next Hearing Date: 17-08-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: C/S HEARING
Next Hearing Date: 17-08-2020
Date: 19-06-2020
Business: National Lock down
Next Purpose: C/S HEARING
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: C/S HEARING
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Business: None present for plaintiff.
None present for defendant.
Due to Corona Pandemic it seems that parties are absent, hence case is adjd.
Next Purpose: C/S HEARING
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Plff is present. Adv Mr. Sagar Batavia for plff present.
None present for deft.
As nobody present for deft, considering present pandemic
condition matter is adjd. for 09.02.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: Adv Mr. Sagar Batavia for plff present and mentioned the matter in the morning session.
Matter is on board of afternoon session hence kept back.
L.O. at 3.00 p.m.
Plff present with Adv Ms. Ayesha and field affidavit of service of CS No.1003/2019 on deft Nos.1 and 2.
Affidavit is supported by postal receipt and track report issued by the Postal Department.
Deft Nos.1 and 2 did not appear though served hence, CS No.1003/2019 to proceed Ex-Parte against those deft.
Matter is adjd. CS hearing to 20.04.2021.Judge
L.O. 3.25 p.m.
Deft No.1 Shailesh Prajapati present in person and submitted that his advocate is not available today. He seeks liberty to file appropriate application for setting aside application.
Already adjd. to 20.04.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: C/S HEARING
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: None present for plff.
Adv Mr.Sanjay appeared and filed vakalatnama at Exh.3 on behalf of deft Nos.1 and 2. He seeks time to file reply to the Ch/s and NM taken out by the plff.
As nobody is p resent for the plff, time granted till next date.
Matter is adjd. for NM and Ch/s reply to 09.11.2021.
Judge
L.O.
Adv MR. Sagar Batavia for plff present.
Already adjd. to 09.11.2021
Next Purpose: C/S REPLY
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv Mr. Batavia present for plff.
Adv Mr. Devkar present for deft.Nos.1 and 2 and seeks time to file reply to Ch/s and NM.
By consent, matter is adjd. for Ch/s and NM reply to 20.01.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: Adv. Sagar Batavia for plff. present.
None present for deft.
Despite granting sufficient opportunities, defendants failed to file reply hence, Chamber Summons No.1003 of 2019 to proceed without reply of defendants.
Matter adjourned for Chamber Summons hearing to 27/04/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 27-04-2022
Date: 25-03-2022
Business: Adv. Sagar Batavia for plff. present.
None present for deft.
Despite granting sufficient opportunities, defendants failed to file reply hence, Chamber Summons No.1003 of 2019 to proceed without reply of defendants.
Matter adjourned for Chamber Summons hearing to 27/04/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 27-04-2022
Date: 25-03-2022
Business: Adv. Sagar Batavia for plff. present.
None present for deft.
Despite granting sufficient opportunities, defendants failed to file reply hence, Chamber Summons No.1003 of 2019 to proceed without reply of defendants.
Matter adjourned for Chamber Summons hearing to 27/04/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 18-07-2022
Date: 27-04-2022
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 18-07-2022
Date: 27-04-2022
Business: Court is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Defendant No.1 present.
Adv.Sagar Batavia for pltff. present.
Heard Adv.for the plaintiff in ch/s. No.1003/2019. No argument of deft.
Matter adjd to 29.08.2022 for Ch/s. order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: Defendant present.
Adv.Batavia for plaintiff present.
As Court is busy in dictating judgment in SU 1801/2013, hence, matter adjourned.
Matter adjd to 01.10.2022 for ch/s. Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-10-2022
Date: 29-08-2022
Business: Defendant present.
Adv.Batavia for plaintiff present.
As Court is busy in dictating judgment in SU 1801/2013, hence, matter adjourned.
Matter adjd to 01.10.2022 for ch/s. Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: Defendant No.1 present.
Adv.Sagar Batavia for plaintiff present.
KB
LO at 03.15 pm
Defendant No.1 present.
Adv.Sagar Batavia for plaintiff present.
Adv.Pranav Devkar for both defendants present. He filed application for adjournment t.o.r. and marked as Exh.4. O-Otherside to say.
The plaintiff filed handwritten reply.
Heard both the sides in Exh.4.
ORDER
Read the application. Chamber summons is of 2019. It is proceeded without reply. On 18.07.2022 the plaintiff\''s argument was heard. No argument order was passed against the defendants. Today, when the chamber summons is posted for orders the defendants appeared and made submission that the defendants want to file reply. The chamber summons is for amendment in the plaint. The defendants want to context the chamber summons on merit. However, they failed to file their reply within time. There is in ordinate delay on the part of the defendants. However, in the interest of justice for taking necessary steps the adjournment is granted subject to costs of Rs.1,000/- to be paid to the plaintiff.
Matter adjd to 05.11.2022 for compliance and steps by deft.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-11-2022
Date: 01-10-2022
Business: Defendant No.1 present.
Adv.Sagar Batavia for plaintiff present.
KB
LO at 03.15 pm
Defendant No.1 present.
Adv.Sagar Batavia for plaintiff present.
Adv.Pranav Devkar for both defendants present. He filed application for adjournment t.o.r. and marked as Exh.4. O-Otherside to say.
The plaintiff filed handwritten reply.
Heard both the sides in Exh.4.
ORDER
Read the application. Chamber summons is of 2019. It is proceeded without reply. On 18.07.2022 the plaintiff\''s argument was heard. No argument order was passed against the defendants. Today, when the chamber summons is posted for orders the defendants appeared and made submission that the defendants want to file reply. The chamber summons is for amendment in the plaint. The defendants want to context the chamber summons on merit. However, they failed to file their reply within time. There is in ordinate delay on the part of the defendants. However, in the interest of justice for taking necessary steps the adjournment is granted subject to costs of Rs.1,000/- to be paid to the plaintiff.
Matter adjd to 05.11.2022 for compliance and steps by deft.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-11-2022
Date: 01-10-2022
Business: Defendant No.1 present.
Adv.Sagar Batavia for plaintiff present.
KB
LO at 03.15 pm
Defendant No.1 present.
Adv.Sagar Batavia for plaintiff present.
Adv.Pranav Devkar for both defendants present. He filed application for adjournment t.o.r. and marked as Exh.4. O-Otherside to say.
The plaintiff filed handwritten reply.
Heard both the sides in Exh.4.
ORDER
Read the application. Chamber summons is of 2019. It is proceeded without reply. On 18.07.2022 the plaintiff\''s argument was heard. No argument order was passed against the defendants. Today, when the chamber summons is posted for orders the defendants appeared and made submission that the defendants want to file reply. The chamber summons is for amendment in the plaint. The defendants want to context the chamber summons on merit. However, they failed to file their reply within time. There is in ordinate delay on the part of the defendants. However, in the interest of justice for taking necessary steps the adjournment is granted subject to costs of Rs.1,000/- to be paid to the plaintiff.
Matter adjd to 05.11.2022 for compliance and steps by deft.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-11-2022
Date: 05-11-2022
Business: Defendant No.1 present.
Adv.Sagar Batavia for plaintiff present.
Adv.Pranav Devkar for both defendants present.
Adv.for defendants today complied with the order as to payment of costs imposed on 01.10.2022 while allowing Exh.4. The plaintiff has received said cost. Defendant\\\''s also tendered reply to the chamber summons, same is taken on record and marked as Exh.5. Copy is received by the plaintiff. The defendants also filed written statement, same is taken on record and marked as Exh.6. It is taken on record subject to confirmation of delay.
Order in Chamber Summons No.1003/2019
Heard learned Advocate for the plaintiff and the defendants. Read the affidavit in support of chamber summons and affidavit in reply. This chamber summons is under Order 6 Rule 17 of CPC for amendment in the plaint. It is the contention of the plaintiff that due to oversight important documents remained to be annexed with the plaint and therefore, the plaintiff wants to rely on certain documents and accordingly has prayed for permission to amend the plaint for explaining these documents. By allowing this amendment there will be no material change in the nature of suit. The amendment appears to be explanatory in nature, therefore, it is just and necessary to decide the real questions in controversy between the parties. Hence, I pass following order -
ORDER
1. Chamber Summons No.1003/2019 is allowed subject to costs of Rs.1000/- (Rupees one thousand only).
2. The proposed amendment in the scheduled is allowed.
3. The plaintiff to pay costs to the defendants and shall carry out the amendment within stipulated time.
4. Chamber Summons No.1003/2019 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 05-11-2022