Date: 19-08-2019
Business: Matter called out ( 12.13 )
Advocate Anshu Kushwaha for plaintiff present with plaintiff present and seeking extension of time. Granted.
Matter adj to 05.10.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: None present.
Matter is adj to 05/12/19 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Court is busy in recording of evidence of Suit No. 7827/98 and final argument of Suit No.6822/79, 6823/79, 6824/79 and 6826/79.
None present.
Matter is adj to 28/01/2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Matter is called out at 12.45 p.m.
Adv. Anshu M. Kushwaha for plaintiff present.
Exh-1 Plaint
Exh-2 Vakalatnama Exh-3 Memorandum of register address. Exh-4 List of documents.
Plaintiff filed Affidavit of service upon defendant no. 1 and 2 Exh. 5 @ Written Envelope containing endorsement on the envelope of defendant no. 1 Left and no such person on the address of defendant no. 2.
Plaintiff to take appropriate steps to serve the defendant by way of substitute service.
Matter is adj to 09.06.2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19)
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Adjd to 12.01.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Court is on leave, hence, matter is adjd.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 18.08.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.49 pm
None present.
KB
LO at 04.23 pm
None present.
ORDER
The plaintiff remained absent and failed to take steps. The defendants are unserved in view of service affidavit, Exh.5. Since 28.01.2020, no steps are taken, suit is kept for dismissal.
Matter adjd to 04.10.2021 for dismissal of suit.
Next Purpose: DISMISSAL
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Aarti Oza present for plaintiff.
None present for defendant.
Advocate for plaintiff tender application for recalling the order dated 16.09.2021 t.o.r marked as Exh. 6
Matter adjd to 29.10.2021 for order on Exh.06.
Next Purpose: ORDER
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 02.49 pm,
None present.
ORDER ON EXH.6
Read the application Exh.6. It does not bear signature. Hence, it is filed. Plaintiff to take necessary steps.
Matter adjd to 09.12.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: N.O.B.T.O.B. (BY PRECIPEE)
Adv.Rohit Talmiya for plaintiff present and By application, Exh.7 matter taken on today\''s board.
The plaintiff filed application, Exh.8 for withdrawal of suit with liberty to file fresh suit t.o.r.
Plaintiff present.
Heard the Ld.Adv.for the plaintiff. The Ld.Adv.for the plaintiff submits that the plaintiff wants to make prayer regarding dissolution of partnership firm and therefore, the plaintiff wants to withdraw the suit. Attention of plaintiff is drawn to the contentions of plaint paragraph No.14 and prayer clause F of the plaint. Already in the present suit the plaintiff is sought relief of dissolution of firm. The plaintiff further submits that the pecuniary value of jurisdiction exceeds beyond the jurisdiction of this Court. The plaintiff to satisfy whether suit can be withdrawn on the point of jurisdiction.
Matter adjd for further submissions and order on 09.12.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: N.O.B.T.O.B.(BY PRECIPEE)
Application for matter be taken on today\''s board filed by Adv. for plaintiff. t.o.r. marked as Exh.09
Adv.Rohit Talmiya for plaintiff present.
The Ld.Adv.for the plaintiff submits that plaint should be returned under Order VII Rule 10 of the CPC.
Perused the application (Exh.08) is filed under Order XXIII for withdrawal of suit. The plaintiff is directed to clarify under which provision either Order XXIII or Order VII Rule 10 he wants to proceed.
The plaintiff submits that he will make an application under Order VII Rule 10. Hence, keep on scheduled for filing such application and consideration thereon.
Matter already adjd to 09.12.2021 for filing application.
Next Purpose: FOR___________________
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 1.09 p.m.
Adv.Aarti Oza for plaintiff present.
None present for defendant.
Plaintiff filed application for return of plaint t.o.r. marked as Exh.10
Heard the plaintiff on Exh.10 Keep for order.
Matter adjd to for 18.12.2021 order on Exh.10.
Next Purpose: ORDER
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Adv.Aarti Ojha h/f.Adv.Rohit Dalmia for plaintiff present.
None present for defendant.
PO is nominated for online special programme for Commercial Court on Arbitration, hence, adjourned.
Matter adjd to 04.01.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 4.45 p.m.
As the Court is busy in dictating orders in Comm.SU No.1178/2021, NM No.2730/2021 and NM No.3282/2021. Hence, matter adjd to 10.01.2022 for order on Exh.10.
Next Purpose: ORDER
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: None present for plaintiff.
None present for defendant. kept back for order
Later on 2.30 p.m.
Adv. Rohit Dalmiya for plaintiff present.
None for defendant.
Upon hearing the plaintiff on Exhibit -10 on 09.12.2021, today the Court passed reasoned order below Exhibit -10. Operative part of the same is reproduced herein below.
Operative Part of Order on Exhibit -10.
1. The Application (Exhibit -10) is allowed.
2. The plaintiff is allowed to take back the plaint for filing it before the proper Court.
3. Registrar(Civil) to comply with procedure for return of plaint.
4. The plaintiff to comply with the order.
5. Suit is removed from the board of this Court as return of plaint.
Order below Exhibit-1.
Read today\''s order passed below Exhibit-10. In view of the same, the following order is passed below Exhibit -1.
1.In view of order passed below Exhibit -10, the plaintiff is allowed to take back the plaint for filing it before the proper Court.
2. Suit is removed from the board of this Court as return of plaint.
Nature Of Disposal: PLAINT RETURN
Disposal Date: 10-01-2022