Shri Ganpat B KothariVsShri Vijay Ravindra Mishra

Date: 27-08-2019
Business: None present.
Adjd for report 22/11/2019.
Next Purpose: REPORT
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: Both parties are absent till 4.45 p.m.
Matter is adjd to 10.12.2019 for Report.
Next Purpose: REPORT
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: P.O. is on Training
Next Purpose: REPORT
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Both parties and his advocate absent.
Matter is adjd to 10.02.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: R and P not found
Both the parties and his advocate are absent.
Matter is adjd to 31.03.2020 for report.
Next Purpose: REPORT
Next Hearing Date: 31-03-2020

Date: 31-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: Due to Covid 19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: REPORT
Next Hearing Date: 15-06-2020

Date: 28-05-2020
Business: Due to Covid -19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: Due to Covid-19 Pandemic none appeared.
Next Purpose: REPORT
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 23.04.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 02/08/2021 for Report
Next Purpose: REPORT
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 21.10.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Court is Vacant
Next Purpose: REPORT
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Court is on leave.
Next Purpose: REPORT
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: Adv Anita Pandey for plaintiff present.
Matter is adjd for   report  on 20-04-2022
Next Purpose: REPORT
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: P.O. is on Training
Next Purpose: REPORT
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: None for Plaintiff.
No service affidavit filed.  Plaintiff to take proper steps to serve the defendant.
Matter adjourned to 15.10.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: PO IS ON LEAVE
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-01-2023

Date: 03-01-2023
Business: None for plaintiff.
No affidavit of service is filed.
No steps are taken.
It appears that plaintiff is not serious enough to take proper steps, to proceed in the matter.  Still in the interest of justice and as a last chance.
Matter is adj to 04/03/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
As court time is over, remaining first session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 03/05/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Joytitus Suramal i/b Themis Legal for plaintiff present.   He filed affidavit of service (Exh-2).  O-Filed.
From the affidavit it transpires that notice has returned unserved for the reason “item returned no such person in the address”.
In view of the above plaintiff to take proper steps.
Matter is adj to 17/08/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-08-2023

Date: 17-08-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Janam Sonpal h/f M/s Thomas Legal for plaintiff is present and submitted that service is incomplete and prayed for time to take proper steps to service of suit summons to the defendant. Time is granted.
Matter is adj to 02.11.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Janam Sanpal i/b Themis Legal  for plaintiff is present and requested for adjournment for taking steps. Adjournment is granted.
Plaintiff to take steps on or before 10.11.2023
Matter is adj to 17.01.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-11-2023

Date: 10-11-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Not on board taken on board.
Adv. Janam Sonpal i/b Themis Legal for plaintiff is present and filed application for taking case on todays board. It is marked as Exh-3.
Application for permission for substitute service of writ of summons to defendant. It is marked as Exh-4.
Counsel for plaintiff has limited instructions and prayed for adjournment. Adjournment is granted.
Matter is adj to 17.01.2024 for hearing on Exh-4.
Next Purpose: HEARING
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 26.02.2024 for hearing on Exh-4.
Next Purpose: HEARING
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Janam Sonpal i/b Themis Legal for plaintiff is present and argued on Exh-4.
Order below Exh-4
Perused record. Heard Ld. counsel for the plaintiff. It appears that writ of summons was sent to the defendant by RPAD. However, it is returned with remark no such person in the address. Therefore, plaintiff has filed this application for substitute service of writ of summons as per Order-5, Rule-20(1) of Civil Procedure Code. Thus, on perusing record, it appears that the plaintiff had taken effective steps to serve the defendant . However, it appears that the defendant is not found on the given address. Therefore, it is necessary to allow the plaintiff to serve writ of summons to the defendant by way of substitute service as per Order-5, Rule-20(1) of Civil Procedure Code. Hence, I proceed to pass following order-
Order
1.       Application Exh-4 is hereby allowed.
2.   The plaintiff is directed to serve the defendant by way of substitute service as per Order-5, Rule-20(1) of Civil Procedure Code by affixing a copy thereof in some conspicuous place in the court house and also upon the  conspicuous part of the house in which the defendant is know to have last resided or carried on business or personally worked for gain.
3.      Issue writ of summons to the defendant.
4.      Application Exh-4 disposed of accordingly.
Matter is adj to 09.05.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-05-2024

Date: 09-05-2024
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-07-2024

Date: 22-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Janam Sopal i/b Themis legal for plaintiff is present.
kept back.
Later on 1.25 pm.
Adv. Janam Sopal i/b Themis legal for plaintiff is present and filed an application for extension of time to serve writ of summon by way of substitute service. Taken on record. It is marked as Exh- 5  . O- Allowed time is extended as a last chance.
Matter is adj to 19/09/2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2024

Date: 19-09-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 13.11.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-11-2024

Date: 13-11-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff is absent.
Adv. Janam Sonpal i/b Thomas Legal for plaintiff is present and filed an application for withdrawal of suit. Taken on record. It is marked as Exh-6. O-Put up for order.
Matter is adj to 05.12.2024 for order on Exh-6.
Next Purpose: ORDER
Next Hearing Date: 05-12-2024

Date: 05-12-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Janam Sonpal i/b Themis Legal for plaintiff is present and requested for adjournment. Adjournment is granted.
Defendant and his advocate are absent.
Matter is adj to 20.12.2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 20-12-2024

Date: 20-12-2024
Business: P.O. IS ON HALF DAY LEAVE (MORNING SESSIONS)
Next Purpose: ORDER
Next Hearing Date: 07-01-2025

Date: 07-01-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back
Later on at 4.00 pm
Both parties and their advocate are absent.
Order below Exh-1 and 6
On perusing record, it appears that counsel for plaintiff has filed application to withdraw the suit on 13.11.2024 at Exh-6, as matter is settled between the parties. However, plaintiff was not present on 13.11.2024, therefore matter was adjourned on 05.12.2024. Even on that date, the plaintiff was not present and on the request of counsel for plaintiff, matter was adjourned to 20.12.2024. On that day, presiding officer was on leave. Therefore, matter was adjourned to 07.01.2025. Today also plaintiff and counsel are absent. As contended in application, matter is settled between plaintiff and defendant. Therefore, no purpose will serve by keeping the matter pending. Hence, I proceed to pass following order-
Order
1.     Sum. Suit No.681/2019 is disposed of, as settled in view of application at Exh-6.
2.     Plaintiff is entitled for refund of court fees, as per provisions, if any provided for.
Nature Of Disposal: OTHER
Disposal Date: 07-01-2025

Registration Number: 100681/2019
Transfer Date: 15-11-2019
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100681/2019
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100681/2019
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 106150/2019
Filing Date: 10-06-2019
First Hearing Date: 27th August 2019
Decision Date: 07th January 2025
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE