Jeevandeep Prakashan Pvt LtdVsMr. Nazir Sheikh Director Little Star English Medium School

Date: 13-08-2019
Business: P.O. is on training. Adjd to 7/10/19
Next Purpose: DIRECTIONS
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: Adv. Ayyar for plaintiff present
Deft present.
Affidavit of service of SJ filed by plaintiff.
Registered SJ 180/19 @ affidavit filed by adv. for plaintiff.
Deft is served SJ on 17.06.2019.
Application for adjournment filed by deft . Already 10 days has been lapse from the date of service of SJ. Therefore, application is rejected. Suit to proceed without reply of SJ.
Adjd. for filing of original document to 11.11.2019.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Adv. Ritika Iyer for plaintiff.
Adv. Khatip Vakil for defendant.
Exh.1- Plaint
Exh. 2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5- Application for setting aside the No say order  alongwith Reply Leave to defend filed by Adv for defendant.
By consent Adjd to 09.12.2019.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Adv Ritika Iyer for plaintiff present.
Exh 05 - She filed reply to the application for setting aside no say order and leave to defend.  The reply is @ with rejoinder.
Adv Khatib for defendant present.
He filed draft NM @ affidavit.
Leave granted to register NM.
Matter stands Adj for hearing on Exh. 05 to 30/01/2020.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Adv. Ritika Iyer for plaintiff.
Adv. Khatif Vakil for defendant. Defendant present. Copy of NM is served to the plaintiff.
Time is extended to register the NM.
Adjd for reply to NM / registration of NM to 24-02-2020
Next Purpose: REPLY
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Adv. Khatif for plaintiff
Adv. Hetal for defendant filed reply to Notice of Motion.
NM not registered. Time is extended to register NM as a last chance.
Adjd for compliance to 06-04-2020
LO at 1.55pm
On the request of plaintiff and as the defendant\''s advocate consented the next date is fixed as 13-04-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 29-06-2020

Date: 29-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Adv for plaintiff absent.
Adv Khatib vakil for defendant present.
On oral request of advocate for defendant time is granted to register NM.
Matter Adjd to 08-03-2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Representative of plaintiff present. Adv. Yadav for plaintiff
Representative of defendant present. Adv. Khatif for defendant filed registered NM 1962/20 @ affidavit.
Heard arguments of both sides on NM 1962/20.
Order
By this notice of motion the defendant has requested to set aside no say order. The plaintiff resisted the notice of motion.
It appears that the summons for judgment was served on the defendant on 17-06-2019. However, the defendant failed to file the reply/leave to defend within 10 days from the date of service of SJ. Therefore, vide noting dtd.07-10-2019 the then presiding officer passed an order to proceed with the matter and the summons for judgment without reply of the defendant. The defendant\''s advocate argued that there is delay of about 100 days and the suit of the plaintiff is false. Therefore, he requested to grant the Notice of Motion. However, this court must note that the present Notice of Motion with permission to file the reply has been tendered on 09-12-2019. The defendant ought to have file the reply within 10 days of service of SJ i.e. on or before 27-06-2019. Thus, even if the present notice of motion alongwith the reply is considered as produced on 09-12-2019, there is delay of more than 150 days. Surprisingly the affidavit in support of Notice of motion does not contain even a single sentence as to why the delay was caused to file the reply. When there is absence of any reason explaining the delay, leave apart the sufficiency or satisfactory ground, this court is bound to reject the Notice of Motion. Resultantly, the Notice of Motion is rejected as there is absolutely no averment explaining the delay.
Notice of Motion 1962/20 is rejected.
Adjd for SJ hearing/Claim affidavit and production of original documents to 28-06-2021
Next Purpose: SERVICE
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Adv Jay Yadav present for the plaintiff.
Adv Khatib Vakil present for the defendant.
Kb
Both the ld advocate submits that defendant will make payment within a week. Hence, the matter is adjourned to 29.11.2021 for settlement.
Matter is adjd to 29.11.2021 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: Adv. Jay Yadav for the plaintiff present.
Adv. Minal Hodaya i/b S. K. Legal Asso. for the defendant present.
Matter is adjd. to 07/12/2021 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: None present.
Issue notice to both sides.
Matter is adjd. to 11/12/2021 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 11-12-2021

Date: 11-12-2021
Business: NATIONAL LOK-ADALAT HELD ON 11/12/2021  (Panel No.5)
Matter pertains to C.R. No.15
None present.
Matter adjd to 13/01/2022.
Mrs. Savita Randhe   Ms.Priya Laud               S.P.Agarwal
Panel Member         Panel Member           Panel Head
Next Purpose: SETTLEMENT
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is adjd. to 05/02/2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is Adjd. for Settlement to 06-04-2022.
Next Purpose: SETTLEMENT
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: None present.
From roznama dated 08-03-2021 it appears that the NM of the defendant was rejected. Therefore, the suit is treated as ex-parte / No WS. Accordingly, the plaintiff is directed to lead evidence.
Matter is adjd.  for ex-parte evidence  to 24-06-2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: P. O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: As court is vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: As court is vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: As court is vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: As court is vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: As court is vacant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-08-2023

Date: 03-08-2023
Business: Adv.Hetal Vakil i/b J.R. Vakil and associates present for plaintiff, tendered affidavit of evidence TOR marked as Exh.
None present for defendant.
Matter stands adjourned for cross-examination on 20-09-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-09-2023

Date: 20-09-2023
Business: Plaintiff in person present.
None present for defendant.
Matter stands adjourned to 23.11.2023 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: Authorized person along with Adv.Hetal Vakil @ Jay yadav present for plaintiff.
None present for defendant.
Authorized person of Plaintiff present in person, tendered pursis of withdrawal application along with authority letter TOR marked as Exh.7. Plaintiff do not want to proceed with suit. The Suit No.1040/18 stands disposed of as withdrawn. Court be refunded as per rule. As the suit is disposed off the Summons for Judgment No.180/2019 does not survive. Proceeding is closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 23-11-2023

Main Case No: SUMMARY CIVIL SUIT/0101040/2018
Main Cnr: MHCC010060242018
Main Filing No: 113080

Registration Number: 100180/2019
Transfer Date: 15-06-2021
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 15 - COURT 15  ADDL SESSIONS JUDGE

Filing Number: 106044/2019
Filing Date: 07-06-2019
First Hearing Date: 13th August 2019
Decision Date: 23rd November 2023
Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE