Date: 29-07-2019
Business: Court is on leave. Adjd to 04/11/2019
Next Purpose: REPORT
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Adv. Arthav Sanghavi for plaintiff present.
On oral request issue fresh writ of summons to deft through court bailiff/RPAD.
Adjd. for service to 18.12.2019.
Next Purpose: SERVICE
Next Hearing Date: 18-12-2019
Date: 18-12-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Arthav Sanghavi for plff. present.
Adv. for deft absent.
Matter is adjd to 20.01.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. For deft. Present.
Matter is adjd to 05.03.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Sujit Mashal for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 22.04.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Next Purpose: SERVICE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: SERVICE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: SERVICE
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: Due to Covid-19 Lockdown
Next Purpose: SERVICE
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 15.03.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: P.O. IS ON LEAVE
Matter is adjd to 18.06.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: None present for plaintiff.
Adv.Ninad Naik i/b.J.Shekar and Co. present and filed vakalatnama, Exh.2 on behalf of defendant t.o.r. O-Filed.
Due to rise in Covid cases, Adjd to 08.07.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: None present for plaintiff.
Adv.Mr. Ninath Naik for defendant present.
Adv. Mr. Naik for defendant has orally requested to inspect the proceeding. O-Allowed.
Due to rise in Covid cases, Adjd to 23.07.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: As Presiding Officer is on leave, hence adjd to
Next Purpose: SERVICE
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: None for plaintiff.
Adv. Chaudhari i/b. J. Shekar and Co. for deft. present.
The matter is adjd for steps to 02.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Adv. Sarosh for plaintiff present. He sought time for taking steps. Time for taking steps is granted as a last chance.
The matter is adjd for taking steps to 24.09.2021.
L.O. at 11.55 am.
Adv. Ninad Naik for deft. present.
The matter is already adjd for taking steps to 24.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: None for plaintiff.
Adv. Rhea Francis i/b. J. Shekhar and Co. for deft. present.
The matter is adjd for taking steps to 20.10.2021.
L.O. at 11.40 am.
Adv. Sarosh for plaintiff present.
Adv. For plaintiff tendered draft S/J. Leave to register and serve S/J is granted.
The matter is already adjd to 20.10.2021 for service of S/J.
Next Purpose: SERVICE
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv. Saroj Mohammad for plaintiff present.
Adv. For plaintiff tendered registered S/J No.111/21. T.O.R.
The matter is adjd for service of S/J to 08.11.2021.
L.O. at 01.40 pm.
Adv. Ninad Naik for deft. present.
The matter is already adjd for service of S/J to 08.11.2021.
Next Purpose: SERVICE
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: P.O. is on leave. The matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv. Sarosh for plaintiff present.
K.B.
L.O. at 03.30 pm.
Adv. Sairuchita Chaudhari for deft. present.
Service affidavit regarding service of S/J is not on record.
The matter is adjd for reply to S/J to 26.11.2021.
Next Purpose: REPLY
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv. Sarosh for plaintiff present.
Adv. Rhea Francis i/b. J. Shekhar and Co. for deft. present.
Exh.3 - Adv. For plaintiff tendered service affidavit regarding service of S/J on deft. T.O.R.
As per service affidavit (Exh.3), deft. is duly served with S/J on 22.10.2021. But, deft. failed to apply for leave to defend the suit. Therefore, S/J to proceed further without reply of deft.
The matter is adjd for hearing on S/J to 04.12.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Business: Adv. Sarosh for plaintiff present.
Adv. Rhea Francis i/b. J. Shekhar and Co. for deft. present.
Adv. For deft. sought time for filing reply.
Already S/J proceeded without reply of deft. as per order dated 26.11.2021. Therefore, defendant\''s prayer seeking time to file reply is not maintainable.
Heard Adv. For plaintiff on S/J No.111/21.
The matter is adjd for order on S/J No.111/21 to 13.12.2021.
Next Purpose: ORDER
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: By preciepe. O. - Be taken on today\''s board.
Adv. Rhea Francis i/b. J. Shekhar and Co. for deft. present.
No application is filed as mentioned in preceipe.
The matter is already adjd for order on S/J No.111/21 to 13.12.2021.
Next Purpose: ORDER
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: (Preceipe)
Adv.Rhea Francis I/b J.Shekhar and Co. for plaintiff present.
She tendered draft notice of motion. Leave to register Notice of motion is granted. Matter is already adjd to 13.12.2021. Now for reply to notice of motion.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Adv. Sarosh for plaintiff present.
Adv. Shekhar Jagtap a/w Adv. Sairuchita Chowdhary, Adv. Reha for deft. present.
Copy of the NM is served to Adv. For plaintiff.
Adv. For defendant tendered registered NM No. 3185/21. TOR
The matter is adjd for Hrg on NM to 20-12-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Rishabh Deshpande for plaintiff present.
Adv. Shekhar Jagtap along with Adv. Rhea Francis i/b. J. Shekhar and Co. for deft. present.
Adv. For plaintiff filed reply to N/M. T.O.R.
Copy of reply is served to Adv. For deft.
Heard both sides on N/M No.3185/21.
The matter is adjd for order on N/M No.3185/21 to 23.12.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Adv. Rishabh Deshpande for plaintiff present.
Adv. Rhea Francis i/b. J. Shekhar and Co. for deft. present.
F.R.S.R. following order is passed -
ORDER
1. N/M No.3185/2021 is allowed in terms of prayer clauses (a) and (b).
2. No order as to costs.
3. N/M No.3185/2021 is disposed of accordingly.
Adv. For deft. tendered reply affidavit. T.O.R.
Copy of reply is served to Adv. For plaintiff.
Ld. counsel for plaintiff submits that plaintiff may be given liberty to file rejoinder to reply/leave to defend application filed by deft. Plaintiff is at liberty to file rejoinder.
The matter is adjd for rejoinder/hearing on S/J to 13.01.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Adv. Sairuchita Choudhary for defendant present.
The matter is adjd for rejoinder and hearing on S/J to 14.02.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Adv. Sumi Soman for plaintiff present.
Adv. Rhea Francis i/b. J. Shekhar and Co. for deft. present.
Adv. appearing for plaintiff submits that the advocates attached with the firm appearing for plaintiff tested positive. She sought time for filing rejoinder. Considering the reason mentioned by the advocate appearing for plaintiff, time to file rejoinder is granted till next date.
The matter is adjd for filing rejoinder to 02.03.2022.
Next Purpose: REJOINDER
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv. Sarosh for plaintiff present.
Adv. Rhea Francis i/b. J. Shekhar and Co. for deft. present.
Adv. For plaintiff tendered rejoinder to S/J. T.O.R.
Copy of rejoinder is served to Adv. For deft.
The matter is adjd for hearing on S/J to 11.03.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv. Rohit Gupta along with Adv. Sarosh Mohd. i/b. Praxis Legal for plaintiff present.
Adv. Rhea Francis i/b. J. Shekhar and Co. for deft. present.
By consent, the matter is adjd for hearing on S/J to 17.03.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv. Rohit Gupta for plaintiff present.
Adv.Shekar Jagtap a/w Adv. Rhea a/w Adv.Sairuchita I/b Adv. Shekhar for deft. present.
Heard both sides on S/J. No. 111/2021. advocate for deft. submitted short notes of argument and synopsis. T.O.R. Copies thereof are supplied to advocate for plaintiff.
The matter is adjd for order on Summons for Judgement to 28.03.2022.
Next Purpose: ORDER
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv. Sarosh Mohammad for plaintiff present.
Adv. Rhea Francis i/b. J. Shekhar and Co. for deft. present.
Court is busy in hearing final arguments in Commercial Suit No.955/21, hearing of arguments on S/J No.62/22 in Commercial Suit No.363/21 and hearing of arguments on N/M no.663/22 in Commercial Suit No.1327/21 and in afternoon session, steno is not available.
The matter is adjd for order on S/J No.111/21 to 29.03.2022.
Next Purpose: ORDER
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Adv. Sarosh Mohd. for plaintiff present.
None for deft.
F.R.S.R. following order is passed below S/J No.111/21 -
ORDER
1. Summons for Judgment No.111 of 2021 is dismissed.
2. Unconditional leave to defend the suit is granted to defendant.
3. Defendant shall file Written Statement within 30 days from today.
4. No order as to costs.
5. Summons for Judgment No.111 of 2021 is disposed of accordingly.
The matter is adjd for written statement to 29.04.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: None for plaintiff present.
Adv. Rhea Francis I/b. J. Shekhar and Co. for deft. present and filed application for extension of time for filing written statement. It is marked as Exh. 04.
O- For the reason stated in the application one week time is granted for filing written statement.
The matter is adjd for filing Written statement to 06.05.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Preceipe moved by Adv. For plaintiff. O. - Be taken on today\''s board.
Adv. Sarosh Mohd. for plaintiff present. Plaintiff present.
Adv. Rhea Francis i/b. J. Shekhar and Co. for deft. present.
Exh.5 - Plaintiff tendered application for unconditional withdrawal of the suit.
Defendant, by filing say, submitted that defendant has no objection for unconditional withdrawal of the suit without any prejudice to the right of the defendant. Defendant further submits that considering the long standing pendency of the case, costs may be imposed upon plaintiff.
Ld. counsel for plaintiff submits that suit is filed for recovery of an amount of Rs.2,77,478/-. Said amount was due against defendant in the year 2012. Already, considerable time has been elapsed after institution of the suit. This Court has granted leave to defend the suit to the defendant. Now, for seeking recovery of the amount, plaintiff has to follow procedure of regular civil suit and plaintiff is not in a position to bear the expenses for prosecuting the suit. Therefore, plaintiff is seeking unconditional withdrawal of the suit. By making these submissions, Ld. Counsel for plaintiff prayed for permission to withdraw the suit unconditionally without payment of any costs.
Per contra, Ld. Counsel for defendant submits that defendant was required to defend the suit due to malicious claim made by the plaintiff. Therefore, heavy costs may be imposed upon plaintiff.
Considered the submissions advanced on behalf of both sides. Record shows that suit was filed before Dindoshi Court in the year 2015. Thereafter, it was presented before this Court in the year 2019. This Court has granted unconditional leave to defend the suit to defendant by order dated 29.03.2022 and matter is posted on 06.05.2022 for filing written statement. Considering the reason for withdrawal of suit mentioned in the application, it would not be just and proper to impose costs upon plaintiff.
Plaintiff wants to withdraw the suit unconditionally. Contents in the application (Exh.5) are verified, read and recorded from plaintiff. Plaintiff is permitted to withdraw the suit unconditionally. No order as to costs. Court fees be refunded as per Rules. Proceedings be closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 05-05-2022