Jyoti Datta WaghVsMangal Ratan Thombe

Date: 03-01-2022
Business: None present.
Matter is adjd. to 04/03/2022 for report.
Next Purpose: REPORT
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: By preacipe
Adv. Ramesh Jain for plff.
None for deft.
Draft N/M along with affidavit in support of N/M tendered by advocate for the plaintiff.  @ service affidavit. O- Leave to register N/M is granted.
         Today the adv. of plff. submitted that the deft. is going to retired from service on 01-03-2022. One letter dt. 28-01-2022, addressed by administrative officer of the working place of deft. to the adv. of plff. with contents that the concerned deft. is going to the retired on  01-03-2022. Unless the order from court the officers of deft. unable to stop the due amount payable to deft. on retirement.
Today the plff. has produced service affidavit @ bailiff report, that report disclose that suit summons is duly served to deft. on 15-12-2021. But she failed to appear on record. The plf.f has filed suit for recovery of Rs. 2,36,000/- with further interest 18% p.a. thereon. Considering nature of suit and the present situation i.e. date of retirement, the plff. submitted that it will be difficult for plff. to recover the amount, if retirement amount paid to deft. by the concerned office. It is entertain to note that this is the suit pending for appearance and it is not recovery proceeding. Yet it is to be decided whether plff. entitled for amount or not. Therefore considering the stage of the suit it would not proper to direct the officials of deft. to held up pension due to him. Accordingly the prayer of interim relief is rejected.
         The suit summons is duly served to defendant but failed to appear on record therefore suit to proceed                 ex-parte against him.
Matter is already adjd. for ex-parte evidence and NM service to 04-03-2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: PO is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: Advocate Mr. Ramesh Jain for plaintiff present.
None for defendant.
Advocate for plaintiff tendered register NM 704/2022 alongwith service affidavit.
Matter is adjd. for NM reply to 29-04-2022.
Later on
Advocate Mr. Kharat for defendant present.
Draft Ch/s along with affidavit in support of Ch/s tendered by advocate for the defendant. O-  Leave to register Ch/s is granted.  and also filed vakalatnama. TOR
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Advocate Ramesh Jain for plaintiff present.
None for defendant.
Matter is adjd. for Nm reply to 06-06-2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: Adv. Ramesh Jain for Plaintiff present and filed original documents alongwith List are t.o.r. and marked as Exh. 05.  O :- Seen.
Adv. for Plaintiff filed reply on ch/su. It is t.o.r.
Adv. Keshav Borahade for defendant present and filed original Ch/su 553/22 alongwith Affidavit are t.o.r.
Order  on  Ch/su. No. 553/2022.
	Ch/su No. 553/2022 is strongly objected by the Plaintiff.       In the interest of justice the delay of 62 days is set aside, subject  to payment of Cost of Rs. 2000/- on or before the next date.
	Accordingly, Ch/su No. 553/2022 is disposed off.
Adjd to 20/06/2022 for steps of Plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: P.O.is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: As court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: As court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: As court is vacnat
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: As court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: Adv. Ramesh Jain for plaintiff.
Defendant in person present.
Both seeking time. Time granted.
Matter stands adjourned to 01/08/2023 for taking Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-08-2023

Date: 01-08-2023
Business: Plaintiff present in person.
KB.
L.O. at 3.10 pm.
KB.
Adv. Ramesh Jain present for plaintiff.
Adv. Vyas present for defendant, tendered VP TOR marked as Exh.5.
He also tendered consent term TOR marked as Exh.6.
Both the parties are identified by their counsel.
The C.A of plaintiff and defendant present in person they admitted that the consent term. It is submitted that now the defendant has retired from service of BMC. She was having about 10,00,000/- towards her service benefit lying with BMC. She has no objection, if agreed amount of Rs.3,50,000 is caused to be deposited in the court and given to the plaintiff. Hence, consent stands taken on record the Assistant Commissioner of BMC L/West-Ward, first floor, Conservancy Dept, S.G. Barve Marg, Kurla (W), Mumbai- 400 070 is directed to verify and in case such amount is lying with the BMC, deduct an amount Rs.3,50,000/- from the amount of service benefit of defendant and to pay the plaintiff within one month from the date of this order.
Matter be kept for compliance.
Matter stands adjourned for compliance on 18-09-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Adv.Ramesh Jain present for plaintiff.
Defendant present in person and Advocate absent. Seeking time. Time is granted.
Matter stands adjourned for compliance on 23-11-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2023

Date: 30-09-2023
Business: By praecipe Exh.6.
NOB-TOB.
Plaintiff along with Adv. Ramesh Jain present for plaintiff.
Defendant along with Adv. Puneet Vyas present for defendant.
Both are tendered application for consent along with consent terms TOR marked as Exh.7 and Exh.8.
Both are identified by their counsel.
They have admitted the terms of consent and prayed for disposal of suit in terms of compromise.
Considering the submissions suit No.911/2021 stands disposed of in terms of compromise. As suit is disposed of Notice of Motion No.704 of  2022 does not survive. Court fee be refunded as per rule. Proceeding is closed.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 30-09-2023

NOTICE OF MOTION/100704/2022
CHAMBER SUMMONS/100553/2022

Filing Number: 106181/2019
Filing Date: 11-06-2019
First Hearing Date: 03rd January 2022
Decision Date: 30th September 2023
Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE