Date: 07-06-2019
Business: In view of the above, matter stands Adj for hearing on NM 1932/19 and for framing issues 16.08.19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: The court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-09-2019
Date: 27-09-2019
Business: Adv. Shweta Sharma for plaintiff present.
Adv. Jannat Yadav for defendant no. 1 to 3 present.
Heard both sides. It is to be verified from the plaintiff whether he has received the cost. He has to file reply to the NM.
Matter stands Adj for reply to NM on 20.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Plaintiff present. Heard. He stated before the court that he has not received the cost of Rs.1,000/- from defendant no. 1.
Adv. Chetiyar for plaintiff present.
Defendant no. 1 present.
Adv. Jannat Yadav for defendant no. 1 present.
Ld. counsel for defendant no.1 paid the cost of Rs. 1000/- to the plaintiff before the court as per order dated 24.01.2018 by condoning the delay. Compliance is taken on record.
Matter stands Adj for reply to NM on 16.01.20.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. Chettiyar for plaintiff present.
Adv. Jannat Yadav for defendant present.
Say given by the Ld. counsel for plaintiff on the NM no. 1932/19 itself.
Matter stands Adj for hearing on NM to 25.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv. Hemali Bane for plaintiff present and seeks time to file reply to NM. Time granted.
Adv. Jannat Yadav for defendant present.
Reply is not filed to NM no. 1932/19 by plaintiff.
On oral request of Ld. counsel for plaintiff, Matter stands Adj for filing reply to NM to 07.04.2020.
Next Purpose: REPLY
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: REPLY
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for reply to 27.01.2021.
Next Purpose: REPLY
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Advocate Ms.Nitu Vishwakarma h/f adv. Rakesh Agrawal for plaintiff present.
None for defendant.
The case is adjourned to 04.03.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Advocate Rakesh Agrawal for plaintiff present.
None for defendant.
Reply is already filed.
The case is adjourned to 15.04.2021 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: Declared holiday as per Office Order 79 of 2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: In view of office order No. 120/2021 dtd. 27.06.2021 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Matter called out at 04.07 p.m.
Adv. Darpan Jain for plaintiff present. He seeks time. He undertakes to argue the matter on next date without fail.
Therefore, accepting the undertaking matter be removed from dismissal caption and adjourned to 16.10.2021.
Adv. Manish Borade for defendant present.
Matter stands adjourned to 16.10.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: As per circular No. 213 of 2021 dtd. 12.10.2021, Holiday declared on 16.10.2021. Hence, Matter adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Matter called out at 3.58 p.m.
Adv. Darpan Jain h/f Rakesh Agrawal for plaintiff present.
Adv. Jannat K. Yadav for Deft. 1 to 3 present.
Matter stands adjourned to 17.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Matter called out at 2.41 p.m.
Adv. Rahul Tiwari for plaintiff present.
Adv. Jannat Yadav for Deft. no.1, 2 and 3 present.
Matter stands adjourned to 14.02.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Matter called out at 2.56 p.m.
Adv. Rahul Tiwari for plaintiff present.
Deft. no.3 in person present.
Matter stands adjourned to 28.03.2022 for NM hearing.
Later on at 3.07 p.m.
Adv. Jannat Yadav for Deft. No.1, 2 and 3 present.
Already adjourned to 28.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Matter called out at 3.18 a.m.
Adv. Rahul Tiwari for plaintiff present.
Deft. No.3 in person present. He informed that Adv. Jannat Yadav is hospitalised.
Heard Ld. Advocate for plaintiff. The Deft. No.2 by way of present NM seeking to recall order dated 24.01.2018, whereby this court proceeded exparte against him. As the Ld. Advocate for plaintiff, fairly conceded that by imposing heavy cost the NM can be allowed. Therefore, NM is taken for decision.
I have perused affidavit in support, the Deft. No.2 stated that during May-2018, he was in jail and could not coordinate with the other defendants to file his WS. In support of his ground, he has annexed release warrant showing he was released on 05.05.2018. Be that may be the other defendants are his brothers they could have taken appropriate steps while filing their WS, they could have filed WS on behalf of Deft. no.2. As the plaintiff fairly conceded therefore, I am of the view, to allow the NM subject to payment of cost of Rs.10,000/- which is also agreed by Deft. No.3. Hence, I pass following order.
NM allowed in terms of prayer clause (a) (b) (c).
Deft No.2 is allowed to tender WS upon payment of cost of Rs.10,000/- to the plaintiff within a period of one month from today and after payment of the same, WS be taken on record.
NM is disposed of accordingly.
Matter stands adjourned to 29.06.2022 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 28-03-2022
