M/s. Shirdi Industries LtdVsBrajesh Dubey

Date: 12-07-2018
Business: None present.
Matter is adj for directions on 02/11/18.
Next Purpose: DIRECTIONS
Next Hearing Date: 02-11-2018

Date: 02-11-2018
Business: None present.
Matter is adj for direction on 05/02/19.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-02-2019

Date: 05-02-2019
Business: None present.
Matter adj for direction on 23/04/19.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-04-2019

Date: 23-04-2019
Business: None present.
Matter adj for directions on 26/08/19.
Next Purpose: DIRECTIONS
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff absent.
Adv.for defendant absent.
Since filling of suit no steps is taken. Hence, keep for dismissal order on next date.
Matter adjd to  21.09.2019 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 21-09-2019

Date: 21-09-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Ranjan Dwivedi for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender affidavit in service - Seen.
Advocate for plaintiff tender chamber summons @ affidavit - Leave is granted for register chamber summons.
Matter adjd to 07.01.2020 for compliance and report.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Ranjan Diwedi for plaintiff present.
Adv. for defendant absent
Advocate for plaintiff tender register chamber summons no. 1763/2019.
Heard, Ld. Counsel for plaintiff.
FRSR - Order below in Chamber Summons No. 1763/2019.
ORDER
1) Chamber summons No. 1763/2019 is dismissed with costs.
Matter adjd to 20.04.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 16-07-2020

Date: 16-07-2020
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 05-09-2020

Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: In view of heavy rainfall and disturbed travel services, upon directions of the Hon\\\''ble High Court, Bombay, the Hon\\\''ble I/c. Principal Judge has been pleased to declare holiday on 23.09.2020.
Hence, matter adjd to 08.10.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Business: AS THIS COURT IS ON LEAVE ,  BOARD IS DISCHARGED AND THE MATTER STANDS ADJD.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to   23/11/ 2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  10/12/ 2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: Adv.Ranjan Dwivedi for plaintiff present.
None for defendant.
In view of order dtd. 07.01.2020, ch/s 1763/2019 toward rejected by this Court thereafter plaintiff fail to take steps to secure presence of defendant.
Today advocate for plaintiff present however to fail take steps.
Matter adjd to 11.01.2021 for further Order.
Next Purpose: ORDER
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Adv.Ranjan Dwivedi for plaintiff present.
None present for defendant.
On the oral request of Adv.of plaintiff matter adjourned.
Matter adjd to 16.01.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: Adv.Ranjan Dwivedi for plaintiff present.
None present for defendant.
Adv.of plaintiff filed draft chamber summons a/w. affidavit in support of draft chamber summons t.o.r.
O-Leave granted to register draft chamber summons.
ORDER BELOW DRAFT CHAMBER SUMMONS
Heard Ld.Advocate. The remark on the service of summons does not call for opting for substitute service. The chamber summons cannot be entertained, is dismissed. Issue fresh suit summons to the defendant. Chamber summons be register for statistical purpose.
KB
LO
Adv.of plaintiff present and filed application under order V Rule 9A for summons given to plaintiff for service in addition to service of summons under Rule 9, Exh.4 t.o.r. O-Allowed.
Matter adjd to 25.02.2021 for service of summons.
Next Purpose: SERVICE
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Reverting suit to original Court on 22.03.2021.
Next Purpose: SERVICE
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Matter taken on board by Court.
        In view of notesheet, Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit was reverted back to the original Court. Therefore, the suit was removed from the list of Commercial Court matters of this Court. The matter was to be placed before the Board Department for further steps and allotment.
Now the office through Addl. Registrar (Ms.S.S. Dhakane) communicated to comply the circular dated 05.02.2021 and treat the suit instituted on or after 03.05.2018 to be commercial suit.
None present for both the sides.
Matter adjd to 07.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Adv.Ranjan Dive for plaintiff present.
None present for defendant.
Await service report.
Matter adjd to 04.05.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 17.06.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 17-06-2021

Date: 17-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 09/07/2021 for report.
Next Purpose: REPORT
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 17.08.2021 for report
Next Purpose: REPORT
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: Adv.Ranjan Dwivedi for plaintiff present.
None present for defendant.
The Ld.Adv.for the plaintiff submits that the register packet of service of summons returned with remark \''left\''. He wants to bring steps for service of summons.
Matter adjd to 01.09.2021 for taking steps for service of summons.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.40 pm
Adv.Ranjan Dwivedi for plaintiff present.
The plaintiff tendered affidavit of service a/w. original writ of summons, Exh.5 colly. t.o.r. Summons are unserved.
The plaintiff tendered service affidavit of writ of summons of private service, Exh.6 t.o.r. Summons are unserved.
The plaintiff tendered draft chamber summons a/w.affidavit in support t.o.r. O-Leave granted to register draft chamber summons.
ORDER ON DRAFT CHAMBER SUMMONS
         Read the draft chamber summons. Heard Ld.Adv.for the plaintiff. Read the service affidavits, Exh.5 colly. and Exh.6. Summons are unserved as the defendant has \''left\'' the address and not found on the last known address. Summons will not be served by regular mode. Hence, it is just and necessary to serve the suit summons by substituted service, hence I pass the following order-
ORDER
1. Draft chamber summons is allowed.
2. Issue fresh writ of summons against the defendants by way of substituted service, that is by paper publication and by way of pasting.
3. Draft chamber summons is disposed off accordingly. It be registered for statistical purpose.
Matter adjd to 29.11.2021 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Adv.Ranjan Dwivedi i/b.Dwivedi Law and Co. for plaintiff present.
None present for defendant.
Adv.of plaintiff filed application for extension of time for service of suit summons, Exh.7 t.o.r.
O-Time extended for service of suit summons.
Matter adjd to 18.02.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: Adv.Ranjan Dwivedi for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application for extension of time for service of suit summons t.o.r. and marked as Exh.8.
O-Time is extended for service of suit summons.
Matter adjd to 21.04.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: Adv.Ranjan Dwivedi i/b.Dwivedi Law and Co. for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application for extension of time for service of suit summons t.o.r. and marked as Exh.9.
O-Time is extended for service of suit summons.
Matter adjd to 28.07.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: PO is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: Adv. Ranjan Diwedi Present for Plff and seeks time to file service affidavit. Granted.
None Present for Deft.
Adj. for Service affidavit on 29/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: None present.
Adj. For Service affidavit on 07/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-11-2022

Date: 07-11-2022
Business: None present.
Plff has not filed service affidavit. Case is for service affidavit since September 2021. But plff has not taken any steps and not filed service affidavit.
Hence adj. For Dismissal order on 01/12/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Adv. Ranjan Dwivedi for plaintiff present.
Exh.10 & 11 advocate of plaintiff has filed application for removing the matter from the dismissal caption and for extension of time or service of summons. Granted.
Case adjourned for service of summons to 19.1.2023.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: None Present for Plff.
None Present for Deft.
It seems that, there are element of settlement in this matter. Hence issue notice of Lok Adalat to both parties.
Adj. For Lok Adalat and service affidavit on 11/02/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-02-2023

Date: 11-02-2023
Business: Parties are absent.
Matter adjourned to 10.03.2023 for hearing.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: Adv. Ranjan Dwivedi for plaintiff present.
None present for defendant.
Adv.of plaintiff contended that name of plaintiff company is change, therefore he want to take steps to amend the plaint. Short adjournment granted.
Case adjd for steps to 24.03.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: Adv. Ranjan Dwivedi I/b Dwivedi Law and Co. Present for Plff.
None Present for Deft.
Plff has filed draft CS along with affidavit for amendment in the plaint. Yet deft is not served with suit summons. Plaintiff want to delete and replace the name of plaintiff as “Shirdi Panel Industries Limited”. Thereby no prejudice will cause to defendant and nature of suit will not be changed. Hence draft CS is allowed as under.
1. Draft Chamber summons is allowed as prayed.
2. Plaintiff shall carried out amendment within 14 days from the date of this order.
3. Draft chamber summons be register for statistical purpose.
Adj. For Compliance and Service affidavit on 15/06/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: 15.06.2023
15
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 108/2021
Exh 12
Adv. Ranjan Dwrivedi i/b Dwivedi Law and co. for plaintiff present.
Exh 12 Application for fresh Writ of summons.
Order-  Application allowed.
On request Ld. Adv. of plaintiff matter Adjd to 07/08/2023 for service affidavit.
								Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: None present for plaintiff.
Matter is adj for affidavit of service to 04/10/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2023

Date: 04-10-2023
Business: Court is on leave. Hence adj.to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-11-2023

Date: 22-11-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: P.O. is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: Adv. Rajan Dwivedi for plaintiff is present and requested for time to file service affidavit. O- Perused the previous roznamas. On 15.06.2023 application Exh. 12 moved on behalf of plaintiff on issuance of fresh writ of summons was allowed and since then matter is pending for filing of service affidavit.  Therefore, oral request on behalf of plaintiff for further time to file service affidavit is hereby rejected. Put up the matter for dismissal order on next date.
Matter is adj. for dismissal order to 17/02/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 17-02-2024

Date: 17-02-2024
Business: None present.
Matter is adj. for dismissal order to 02/03/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 02-03-2024

Date: 02-03-2024
Business: None present.
Matter is adj. for dismissal order to 08/04/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 08-04-2024

Date: 08-04-2024
Business: None present.
Matter is adj. for dismissal order to 15/06/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: Court is on leave. Hence adjd.to
Next Purpose: DISMISSAL
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: None present.
KB.. Later on at 03.00 p.m.
None present.
ORDER : None appears for plaintiff since 17.02.2024. The matter was pending for filing of service affidavit pertaining to writ of summons but, as the same was not filed till 30.01.2024 hence, matter was posted for dismissal order on 17.02.2024. None appears for the plaintiff despite of matter being posted for dismissal order hence, the suit is hereby dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-07-2024

CHAMBER SUMMONS/100701/2023
CHAMBER SUMMONS/100122/2021
CHAMBER SUMMONS/101763/2019

Filing Number: 107300/2018
Filing Date: 04-06-2018
First Hearing Date: 12th July 2018
Decision Date: 20th July 2024
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE