Mr. Uttam Shivram SawantVsEcomed Pharma Ltd +1 more

Date: 16-10-2018
Business: Adv. S. M. D\''souza  for the Plaintiff present.
Already tender VP by Plaintiff.
Application tendered by the Plaintiff for seeking extension of time to serve W/S. TOR. O- Time is extended as a last chance.
Matter is adjd. to 05.02.2019 for prove of service of Writ of Summons
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-02-2019

Date: 05-02-2019
Business: As Court is busy in hearing arguments in Suit No.3856/08 and Suit No.9650/90. Hence, Board is discharged.
Matter is adjd. to 08.04.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-04-2019

Date: 08-04-2019
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-07-2019

Date: 01-07-2019
Business: Adv. Miss D\''souza for plaintiff present.
Plaintiff present.
Adv. for plaintiff filed original Writ of Summons.   TOR.
Adv. for plaintiff filed reply to NM.  TOR.
On perusal of writ of summons it appears that deft. no. 2 was served with writ of summons on 19.11.2018.  The advocate for deft. no. 2 appeared in the matter and had tendered the NM. He has not tendered the registered NM. The Ld. Counsel for the plaintiff seeks liberty to issue fresh writ of summons.  Issue fresh writ of summons to deft. no. 1.
Adjourned for service of writ of summons to defendant no. 1, tendering of registered NM by deft. no. 2 and NM hearing to 28.8.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: Plaintiff present.
Adv. Bhojraj for defendant no. 2 present.
Defendant no. 2 not tendered registered NM.   Deft. no. 2 to tender registered NM.  Plaintiff to file affidavit of service of writ of summons to defendant no. 1.
Adjourned for reply to NM and affidavit of service of writ of summons to defendant no. 1 to deft. no.1  17.10.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Adv. D\''souza For plaintiff present.
Adv. Bhojraj for defendant no. 2 present.
Defendant no. 2 tendered registered NM 442/19.  TOR.
Plaintiff tendered original writ of summons. The concerned clerk of the office of defendant no. 1 refused to accept the service.  Thus it is deem service to defendant no. 1.  Hence suit to proceed exparte against defendant no. 1.
Heard Ld. Advocate for the defendant no. 2 and plaintiff on Notice of Motion No. 442/19.
Order on Notice of Motion No. 442/2019.
Heard.  The ld counsel for the defendant no. 2 submitted that the defendant no.2 has to frequently travel abroad for his business commitment therefore he could not file written statement within the time and there is a delay of 32 days which is inadvertent and prayed for condoning the  same.
The Ld. counsel for the plaintiff opposed the NM on the count that the defendant no. 2 has not given substantial and cogent reason for delay.
On perusal of the affidavit in support of NM, it appears that the defendant no. 2 has not given justifiable reason for condoning the delay.  Be that as it may, the matter is at initial stage and substantial rights of the parties are involved . Therefore, at this stage it would not be proper to adopt hyper technical an pedantic approach.  In the interest of justice Notice of Motion needs consideration. Hence it is expedient to pass following order.
ORDER
1.  Notice of Motion No. 442/2019  is made absolute in terms of prayer clause (a) subject to cost of Rs. 2,000/- to be paid to the plaintiff within a period of four weeks from today.
2.  The payment of costs is subject precedent.
3.  On compliance of the order, written statement be taken on record.
4.  Notice of Motion is disposed of accordingly.
Adjourned for compliance to 13.12.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: Plaintiff present.  Adv. D\''souza for plaintiff present.
None for deft.
She submitted that deft. has paid the cost of Rs.2,000/- to the plaintiff and therefore, the order is complied and hence, W/S is taken on record.
Exh.5 Written statement.
O. - Read and recorded.
The matter is adjd for framing issues to 28.01.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-01-2020

Date: 28-01-2020
Business: Plaintiff present.
None for deft.
The matter is adjd for framing issues to 21.03.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Business: In view of advisory of Hon\''ble High Court concerning COVID-19, the matter is adjourned.
The matter is adjd for framing issues to 18.07.2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-07-2020

Date: 18-07-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Business: None present
As the Court was busy in hearing urgent matters and passing orders and as the Court time is over, adjd to
01/12/2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: None present.
Issues framed.
The matter is adjd for list of witness/evidence to 05.01.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: None present.
The matter is adjd for evidence of the plff on 19.03.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: None present.
The matter is adjd for evidence to 23.06.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
Matter adjd to 20/08/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: None present.
Matter adjd for dismissal on 06.12.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: Pltff in person present.
None for deft.
Pltff has filed an application for adjournment.  TOR.  Marked as Exh. 7.  O - for the reasons mentioned adjournment is granted by way of last chance.  Application is allowed and disposed of.
Matter is adjd to 23/02/2022 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: Pltff Uttam Shivram Sawant present.
Pltff has submitted that his adv is not well and has requested for adjournment.
Matter is adjd to 24/06/2022 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Plaintiff is present.
KB LO at 3.40 p.m.
Adv. S.M Disuza for plaintiff is present.
Defendant absent.
She has filed affidavit of examination in chief of plaintiff marked as Exh.8.
She has also filed list of documents t.o.r marked as Exh.9.
Matter adjd to 25.08.2022 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Plaintiff is present.
None present for defendant.
Matter adjd to 10.11.2022 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: None present for plaintiff and defendant.
Matter adjd to 17.01.2023 for admission and denial of documents as a last chance.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: None present.
Matter adjd to 01.04.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: Plaintiff present.
Adv. S.M. D\''souza for plaintiff is present.
The Ld.Adv.for plaintiff has filed an application t.o.r marked at Exh.10 for removal of suit from the caption of dismissal. Hence, the considering her request, the suit is remove from the caption of dismissal.
Matter adjd to 14.07.2023 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 14-07-2023

Date: 14-07-2023
Business: Plaintiff is present and his advocate is absent.
None present for defendant.
Matter adjd to 14.09.2023 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 14-09-2023

Date: 14-09-2023
Business: Adv. Dinesh Rai for plaintiff is present.
None present for defendant when called.
PW-1 Uttam Sawant is present.
Hence, the matter proceeded without reply of defendant to Exh. 9.
Heard the Ld. Advocate for plaintiff on admission and denial.
Oath is administered to the witness.
Documents are marked as Exh. 11 to 16 respectively.
Offer of employment along with contract of employment at Exh. 11.
Residence permit at Exh. 12.
Two identity cards of plaintiff at Exh. 13.
Passport of plaintiff at Exh. 14.
Flight tickets at Exh. 15.
Investigation report of Worli Police station at Exh. 16.
Matter adjd to 30.11.2023 for cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-11-2023

Date: 30-11-2023
Business: Adv. Dinesh Rai for plaintiff is present.
None present for defendant no. 3 when called.
PW-1 is present.
Defendant no. 1 ex-parte.
Inspite of opportunities the defendant no. 2 failed to cross examine the witness. Hence, the matter proceeded without cross of the witness by defendant no. 2.
Matter adjd to 13.02.2024 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-02-2024

Date: 13-02-2024
Business: Plaintiff is present and seek time to lead further evidence. O- Time granted.
None present for defendant.
Matter adjd to 08.05.2024 for further evidence of plaintiff.
L.O at 11.55 a.m
Adv. S. M. Dsouza for plaintiff is present.
Matter already adjd to 08.05.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-05-2024

Date: 08-05-2024
Business: Adv. S. M. Dsouza for plaintiff is present and filed evidence close pursis Exh.17.TOR.
Plaintiff is present.
None present for defendant.
Matter adjd to 24.07.2024 for evidence of defendant on the request of Adv. for plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-07-2024

Date: 24-07-2024
Business: Plaintiff is present and seek time. O- Time granted
None present for defendant.
Matter adjd to 09.09.2024 for evidence of defendant on the request of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-09-2024

Date: 09-09-2024
Business: Adv. Nagesh Suvarna for plaintiff is present.
Plaintiff present.
None present for defendant.
Sufficient time granted to defendant no.2 to lead oral evidence. Today also none present. Last chance granted to defendant no.2 to lead oral evidence, on failure further order will be passed on next date.
Matter adjd to 04.12.2024 for evidence of defendant P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-12-2024

Date: 04-12-2024
Business: Plaintiff present.
Adv. Vaibhavi Parchake i/b Adv. Bhojraj Baral for defendant no.2 is present and seek time. O- Time granted with consent.
Matter adjd to 20.02.2025 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-02-2025

Date: 20-02-2025
Business: Adv. Dinesh Rai for plaintiff is present.
Plaintiff present.
None present for defendant.
Last chance granted to defendant to lead oral evidence on failure further order will pass on next date.
Matter adjd to 06.05.2025 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-05-2025

Date: 06-05-2025
Business: P. O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2025

Date: 15-07-2025
Business: Adv. Dinesh Rai for plaintiff is present.
Plaintiff present.
None present for defendants.
Defendant no.2 has failed to lead evidence inspite of sufficient opportunity and last chance on last date. Hence, evidence of defendant no.2 is closed and matter is posted for final argument.
Matter adjd to 08.09.2025 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-09-2025

Date: 08-09-2025
Business: Plaintiff present.
None present for defendant.
Matter adjd to 29.09.2025 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-09-2025

Date: 29-09-2025
Business: Adv. Dinesh Rai for plaintiff is present and filed written notes of argument Exh.18. TOR. Copy be served on other side.
None present for defendant.
Matter adjd to 15.12.2025 for argument on the request of Adv. for plaintiff.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-12-2025

Date: 15-12-2025
Business: CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE (C.R.NO.1)
Plaintiff present and seek time. Order- Time granted. He seek longer date.
None present for defendant.
Matter adjd to 24.02.2026 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-02-2026

Date: 24-02-2026
Business: P.O is on Leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-03-2026

Date: 09-03-2026
Business: Plaintiff in person present and filed affidavit of service of the written arguments upon the defendants. TOR and marked as Exh.18A.
None present for defendant.
Matter adjourned to 02.04.2026 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-04-2026

Date: 02-04-2026
Business: Plaintiff in person Uttam Shivram Sawant present.
None present for defendant.
Matter adjourned to 20.07.2026 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-07-2026

Date: 20-07-2026
Business: Adv. Dinesh Rai a/w plaintiff is present.
None present for defendant.
Matter adjourned to 24.08.2026 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-08-2026

Date: 24-08-2026
Business: P.O is On Leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-09-2026

NOTICE OF MOTION/100442/2019

Filing Number: 105916/2018
Filing Date: 20-04-2018
First Hearing Date: 16th October 2018
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE