Date: 21-11-2019
Business: Adv. Anjali Kotecha for plaintiff present.
None for defendant.
As per oral request adv. for plff., time is granted.
Matter adjd to 08.01.2020 for A/S.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Lakhani for plaintiff present.
Adv. for defendant absent.
Plaint
Vakalatnama
Memorandum of address
List of document.
Adv. for the plaintiff tendered affidavit of service. Order- Seen and filed
Matter is adjd to 30.01.2020 for service of summons
Next Purpose: SERVICE
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Representative of the plaintiff Present.
Defendant absent.
Adv. Lakhani for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 05.02.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Sudhakar Lakhani for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 13.03.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Sudhakar Lakhani for plff. Present.
Adv. For deft. Absent.
Adv. For the plff. Filed application issue fresh writ of summons. Order- issue fresh summons by belief and by RPAD as prayed.
Matter is adjd to 15.04.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Date: 22-04-2020
Next Purpose: REPORT
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Business: Due to Covid-19 Pandemic none appeared.
Next Purpose: REPORT
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: P.O. is on leave.
Matter is adjd to 05.04.2021 for Report
Next Purpose: REPORT
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Sudhakar Lakhani for the plff present.
Adv. For the plff filed application for extension of time. t.o.r.
Order- Granted extention as prayed.
As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
Matter is adjd to 06.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 31.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: COURT IS VACANT
Next Purpose: REPORT
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Court is Vacant.
Next Purpose: REPORT
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: Plaintiff and defendant absent.
Adv. Ms. Lakhani for plaintiff is present.
Matter is adjd for Report on 11.02.2022.
Next Purpose: REPORT
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: Adv Madhuri Lakhani for plaintiff present.
Matter is adjd for report on 08-04-2022
Next Purpose: REPORT
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: P.O. is on training.
Next Purpose: REPORT
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Adv. Ms. Madhuri Lakhani for Plaintiff present filed Affidavit of Service of Writ of Summons upon Defendant Nos. 2, 4, 5, 6 and 7. t.o.r. and marked as Exhibit-__.
Matter adjourned to 29/09/2022 for Order.
Next Purpose: ORDER
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: Adv. Lakhani for Plaintiff present.
None for Defendants.
Learned Advocate Mr. Lakhani submits that defendant no.3 is reported dead. The said fact is mentioned in the affidavit-Exhibit-05 dated 19.12.2019. As such suit stands abated against defendant no.3.
The said affidavit-Exhibit-05 further transpires that the writ of summons is served on defendant no.1 on 15.10.2019. Postal acknowledgment is filed on record.
On perusal of service affidavit-Exhibit06 it transpires that defendant no.7 is served on 23.04.2021 and postal acknowledgment to that effect is also palced on record. However, so far as service to defendant nos.2, 4, 5 and 6 is concerned there are only on-line postal track reports placed on record. No postal receipts are there to know as to which track report relates to which of the defendants. Thus, I find it difficult to infer that these defendants are served. In view of the same suit to proceed ex-parte against defendant nos.1 and 7.
Learned advocate Mr. Lakhani seeks time to tender on record the postal receipts to clarify the above ambiguity. Time granted.
Matter adjd. to 30.11.2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Adv.Sudhakar Lakhani for plaintiff present. He filed affidavit of service of writ of summons (Exh-). T.O.R.
It appears that writ of summons duly served to defendant Nos.2,4,5, and 6 by way of RPAD. The postal receipt and online track report to that effect filed on record. Defendant No.2,4,5,and 6 are duly served on 22/04/2021.
In spite of service they failed to cause appearance hence, suit to proceed ex-parte against defendant No''s 2,4,5 and 6.
Matter is adj to 27/01/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: PO IS ON LEAVE.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
None for plaintiff.
No ex-parte evidence is filed.
Matter is adj to 04/07/2023 for ex-parte evidence.
Later on at 11.55am
Adv.Madhuri Lakhani for plaintiff present. She filed claim affidavit of Shri.Shaji John (Exh-8).
O-Filed.
She also filed list of documents (Exh-9)
Following documents are marked exhibit as under.
Sr.No.1-Invoice No.16/349.01 dated 11.06.2016 (Exh-10)
Sr.No.2-Copy of notice dated 08.01.2019 from plaintiffs advocate to defendants (Exh-11)
Sr.No.3- Copy of reply dated 16.01.2019 from defendant to plaintiffs advocate (Exh-12)
Adv.for plaintiff filed evidence closing pursis (Exh-13).
Matter is adj to 04/07/2023 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-07-2023
Date: 04-07-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Sudhakar Lakhani for the plaintiff present.
Heard ld. counsel for plaintiff.
Matter is adj to 11.07.2023 for Ex-parte Judgment.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Ken Misquitta i/b Adv. Sudhakar Lakhani for plaintiff is present.
Matter is adj to 15.07.2023 for Ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 15-07-2023
Date: 15-07-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE -(C.R.NO.61)
Adv. Prasad Pawaskar i/b Adv. Sudhakar Lakhani for plaintiff is present.
FRSR following order is passed-
Order
1. The Suit is dismissed.
2. Decree shall be drawn up accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 15-07-2023
