Pallathra Adrews Kuriankose +1 moreVs1 J M Financial Ltd 2 Vandana Kamlesh Kagrana 3 Kamlesh Vallabhadas Kagrana 4 Nalini Rajani And Ors

Date: 05-06-2018
Business: Adv.Mr.Vinit Jawle for Plff.present.
None for Defendant.
Plaintiff is directed to steps for servicing the writ of summons upon the defendants.  Plff is directed to filed on record original registered N/m till next date, failing which suitable orders will be passed.
Adjd.for directions on 07.09.2018.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-09-2018

Date: 07-09-2018
Business: Adv.Mr.Jawle for Plff.present.
He tendered original N/m No.1799/18 t.o.r.
Adv.Mr.Sandeep Sharma for Deft no.11 present and filed vakalatnama t.o.r.and marked at Exh.2.
Adv.for Plff has filed an application t.o.r.and marked at Exh.3.
Order below Exh.3
Application is allowed subject to payment of necessary charges.
Application Exh.3 is disposed of accordingly.
It is also submitted by adv.for Defendant.no.11 there is likelyhood of settlment between the parties.
Adjd.for service on 15.01.2019.
Next Purpose: SERVICE
Next Hearing Date: 15-01-2019

Date: 15-01-2019
Business: As court is on leave board discharged
Next Purpose: SERVICE
Next Hearing Date: 05-03-2019

Date: 05-03-2019
Business: Adv. Jawle for Plaintiff present.
Ex.4 Adv. Kashmira Khedekar h/f Adv. Sabnis filed V/n for Defendant nos.10 and 11 t.o.r.
Ex.5 Deft no.10 and 11 also filed written statement t.o.r.
Adj for steps relating to other Defendants to 29.04.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2019

Date: 29-04-2019
Business: As holiday was declared on 29/04/2019, on account of Loksabha election, matter is taken on today''s board and adjourned
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-07-2019

Date: 06-07-2019
Business: Advocate Mr. Javle for Plaintiff present and submitted that Plaintiff and Defendant nos.10 and 11 are thinking for settlement  and consent terms will be filed on next date.  Further, Plaintiff\''s advocate filed original writ of summons, t.o.r.
None present for Defendants.
Earlier order to continue till next date.
Case is adjourned to 28/08/2019 for filing NM reply and settlement terms, filing of affidavit of service of writ of summons regarding remaining Defendants.
Next Purpose: REPLY
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Reason For Adjournment: court time is over
Next Purpose: SETTLEMENT
Next Hearing Date: 20-12-2019

Date: 15-10-2019
Business: Advocate Advait Agashe for Plaintiff present and submitted that in the month of January Plaintiff will come and thereafter settlement terms can be verified by the court.
Advocate P. G. Sabnis for Defendant no.10 and 11 present
Case is adjourned to 20/12/2019 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: Advocate Mr. V. D. Javle for Plaintiff present and submitted that matter may be adjourned as Defendant nos.9 and 10 are out of station and they will be able to come to the court for signing the settlement terms on next date. Considering submissions adjourned.
None present for Defendant.
Case is adjourned to 14/01/2020 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Plaintiff no.1 and 2 with advocate Mr. Vinit Javal for Plaintiff present
CA of Defendant no.10 and 11 with advocate Mr. P. Subnis for Defendant no.10 and 11 present
Plaintiff no.1 and 2 and Defendant nos.10 and 11 filed consent terms between Plaintiff and Defendant nos.10 and 11, t.o.r. and  marked as Exh.6.
                    VERIFICATION OF CONSENT TERMS
Plaintiff nos.1 and 2 submitted that dispute between Plaintiffs and Defendant nos.10 and 11 is resolved, hence consent terms are filed. As such, consent terms are verified.  Plaintiffs and CA of Defendant nos.10 and 11 are directed to sign the consent terms today before Court.  Accordingly, they have signed consent terms in presence of the Court. They have admitted contents of consent terms Exh.6. Hence, consent terms are verified.
                             ORDER BELOW EXH.1
As Plaintiffs and Defendants no.10 and 11 have entered into compromise and have settled matter vide consent terms Exh.6, suit stands dismissed against Defendant nos.10 and 11 in terms of consent terms Exh.6.
Plaintiff\''s advocate also filed affidavit of service of writ of summons, t.o.r. The postal acknowledgment of RPAD which are filed with affidavit as Exh.1 to 4 show that postal envelopes containing writ of summons are accepted by Defendant nos.5 to 7 9 to 11.  Postal envelope at Exh.5 shows that Defendant no.12 has left address mentioned in the plaint. Plaintiff is directed to trace out the correct address of Defendant no.12 and to serve writ of summons upon said Defendant.  Record shows that writ of summons against Defendant no.4 and 8  is yet to be served.  Issue fresh writ of summons against Defendant no.4 and 8.  Plaintiff is directed to file affidavit of service of writ of summons against all remaining Defendants.
Case is adjourned to 01/04/2020 for Service/NM for hearing.
Next Purpose: SERVICE
Next Hearing Date: 01-04-2020

Date: 01-04-2020

Date: 16-04-2020
Business: National Lock down
Next Purpose: SERVICE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: National Lock down
Next Purpose: SERVICE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
Next Purpose: SERVICE
Next Hearing Date: 07-08-2020

Date: 07-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: SERVICE
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Business: Due to Covid 19
Next Purpose: SERVICE
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, Plaintiffs are absent, hence case is adjourned to 15/02/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: None present for plff.
None present for deft.
As nobody is present for the plff, NM No.1799/2018 of the plff be kept for dismissal order.
Matter is adjd. for NM dismissal order to 20.04.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Adv Mr. Vinit Jawale for plffs present and mentioned the matter in the morning session. He seeks adjournment to serve deft Nos.4,8 and 12 with Notice of Motion No.1799/2018  and writ of summons by submitting that he could not attend the matter on previous dates due to his personal difficulties. On his request, matter is removed from NM dismissal caption. Time to serve deft Nos.4,8 and 12 is extended till next date.
Matter is adjd. for service to 23.11.2021.
Next Purpose: SERVICE
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Adv Mr. Jawle present for plff. and mentioned the matter in the morning session. He seeks time to file affidavit of service.
None present for deft.
Since the matter is for filing affidavit of service, on request of adv. for plff, adjourned to 07.12.2021.
Matter is adjd. for affidavit of service to 07.12.2021 (afternoon session.)
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Adv Mr. V.D. Jawle present for plff.  and filed affidavit of service in respect of service of writ of summons on deft No.4,8 and 12. Endorsement on the returned postal envelope in respect of deft No.12 of the postal department is “left” . It cannot be accepted as a proper service. Adv for the plff seeks time to serve deft No.12 properly.
None present for deft.
Matter is adjd. for service of writ of summons to 05.02.2022.
Next Purpose: SERVICE
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: SERVICE
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: Adv Mr. Vinit Jawle present for plff. and  filed application for service on deft No.12 by way of pasting.
None present for deft.
Plff to file affidavit in support of the application.
Adv for plff seeks time to file supporting affidavit.
Matter is adjd. for compliance to 16.06.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: None present for deft.
Adv.Vinit Javale for plaintiff present and filed affidavit in support of application for pasting t.o.r. and marked as Exh.7.
Matter adjd to 22.08.2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv.V.D. Jawle for plaintiff present.
None present for defendant.
Heard Adv. of plaintiff.
ORDER ON APPLICATION FOR PASTING OF WRIT OF SUMMONS ON DEFT. NO.12.
Read the service affidavit. Read the endorsement of the returned packet of defendant No.2. The packet returned with endorsement \''left\''. It is the contention of the plaintiff that the address of defendant No.12 mentioned in the plaint is the last known address. Hence, summons cannot be served by ordinary mode. Hence, plaintiff is allowed to serve the summons on defendant No.12 by pasting. Plaintiff is also allowed to serve notice of motion by pasting on defendant No.12. Application is disposed of accordingly.
Matter adjd to 29.11.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: Adv.Vinit Chawale for plaintiff present.
None for deft.
Matter adj. to 17.02.2023 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: Adv. V. D Javle for plaintiff present.
None for defenant.
Adv. for the plaintff file copy of original summons of defendant no.12 along with the balif report t.o.r. marked as Exh.9(Colly).
The defendant no.12 is duly served by the pasting. She failed to appear suit to proceed Ex-parte against defendant no.12.
Matter adjd to 28-03-2023 for Order against defendant/NM Hrg.
Next Purpose: ORDER
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: Adv. V. D. Jawle for plaintiff present.
None for defendants.
Matter adjd to 14.06.2023  for NM Hearing.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: matter is adjourned to
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-07-2023

Date: 26-07-2023
Business: Court is on leave
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 04-09-2023

Date: 04-09-2023
Business: Matter is adjourned to
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: Matter adjourned to
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: Adv. Vinit Jawle for plaintiff present.
None for defendant.
Matter is adjourned to 10.01.2024 for NM arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-02-2024

Date: 20-02-2024
Business: CORAM:H.H.J.SHRI.V. M. PATHADE(C.R.NO.62)
Adv. Jawale for plaintiff present.
None for defendant
Matter is adjourned to   03-04-2024 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: I
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: Adv.V.D. Jawle for plaintiff present.
None for defendant present.
ORDER IN N/M No.1799/2018.
 Today the matter is for order on N/M and counsel for the plaintiff is present when called. It is submitted by the plaintiffs counsel that the prayers in main suit and N/M are one and the same so he does not want to proceed with the hearing on N/M. I have accordingly gone through the plaint and N/M, wherein find similarity in the prayer clauses of suit and N/M. If the N/M is decided by the court obviously it would have affect the main suit. In the result therefore, following order is passed-
ORDER
1. Notice of Motion No.1799/2018 is hereby disposed of as withdrawn for want of prosecution.
2.  No order as to cost.
Nature Of Disposal: OTHER
Disposal Date: 07-08-2024

Main Case No: SUIT/0101106/2018
Main Cnr: MHCC010044012018
Main Filing No: 111447

Registration Number: 101799/2018
Transfer Date: 23-04-2019
From Court: 2 - COURT 02 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101799/2018
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 106354/2018
Filing Date: 02-05-2018
First Hearing Date: 05th June 2018
Decision Date: 07th August 2024
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE