Ajay Dinanath Padgaonkar And Anr - Applicant - Avinash Dinanath PadgaonkarVsAnil Dinanath Padgaonkar And Anr

Date: 22-08-2019
Business: Adv. Jaiwardhan for plaintiff present. and filed original NM no. 2421/19 supported by affidavit and also filed affidavit of service  of NM no. 2421/19.
None present for defendant.
It is submitted that the defendant no. 1 has not accepted the service and the envelope returned with remark out of station. The defendant no. 2 and 3 have accepted the service of NM as per track record of the consignment received from postal authorities. Ld. counsel for plaintiff submitted that he will take steps to serve the defendant no. 1 and prayed for adjournment. Adjournment granted.
Matter stands Adj for taking steps to 13.09.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: Adv. Nikhil Rajani for applicant in NM present. He submitted that notice has been send to defendant no. 1 by Speed Post, but the report is awaited. He submitted that three weeks time may be granted to complete the service process. Time granted.
None present for respondent.
Matter stands Adj for service to 04.10.19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: Adv. Sanap for plaintiff present and filed affidavit of service.
Heard.  She submitted that as per affidavit of service dated 22.08.19 and 04.10.19 the plaintiff had tried to serve defendant no. 1 to 3 with the NM. The envelope sent to defendant no.1 has been returned with remark left, while the defendant no.2 and 3 has been duly served as per track consignment report. When the defendant no. 1 was again tried to be served by RPAD, the envelope was returned by the postal authority with the remark party out of station
In view of the above submissions and after perusal of affidavit of service, I find that defendant no. 2 and 3 are duly served with the NM by RPAD, but are absent. The defendant no. 1 is also deemed to be served by speed post, because as per report a defendant no. 1 was out of station. Address of defendant no.1 was correct as per record. Plaintiff has tried to serve the defendant no. 1 of his Mumbai address as well as alternate address at Goa.
Hence, now NM shall proceed for Ex-parte hearing against the defendant no. 1 to 3.
Matter stands Adj for NM hearing to 16.11.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: Adv. Sanap for plaintiff present and seeks adjournment. Adjournment granted.
None present for defendant.
Matter stands Adj for hearing on NM to 12.12.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: Adv. Sanap for plaintiff present and seeks time to argue the matter. Time granted.
None present for defendant.
Matter stands Adj for NM hearing to 30.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Court is busy in dictating Judgment in Commercial suit no. 49/20 and 23/20. Hence, board is discharged.
Matter stands Adj for hearing on NM to 24.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Adv. Sanap for plaintiff present and seeks time for hearing NM.
None present for defendant.
On oral request, Matter stands Adj for hearing on NM to 13.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and office order no. 75 of 2020, matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2020

Date: 29-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for NM for hearing to 28.01.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: None present.
The case is adjourned to 02.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Advocate Rupak Savangikar h/f adv.Nikhil Rajani for plaintiff present and seeks time.
Time is granted subject to costs of Rs. 500/- payable to DLSA, Mumbai.
The case is adjourned to 01.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
The case is adjourned to 17.06.2021 for NM for hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2021

Date: 17-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: As court is on leave in afternoon session. Board discharged
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Adv. Apoorva Kulkarni for plaintiff.
Court is busy in recording evidence of SU 2194/09, SU 8472/00, SU 8473/00 and SU 9563/99.
Hence, matter adjourned to 16.10.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: As per circular No. 213 of 2021 dtd. 12.10.2021, Holiday declared on 16.10.2021. Hence, Matter adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: Matter called out at 4.36 p.m.
Adv. Nikhil Rajani a/w Jyoti Sanap for plaintiff present.
None present for defendant.
Heard Ld. Advocate for plaintiff.
Closed for orders.
Matter stands adjourned to 13.01.2022 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: Matter mentioned at 11.34 a.m.
Adv. Jyoti Sanap I/b M/s. V. Deshpande and Co. for plaintiff present.
None present for defendant.
Today the matter was kept for the orders on NM, but after going through the entire record it appears that the service upon the defendants is not completed. The defendants is the relative of the plaintiffs  and they are expected to have their residential address.  Hence, put up the matter for service upon the defendants.
Plaintiff is allowed to serve the defendant through all modes.
Matter stands adjourned to 03.02.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: The court is on leave
Next Purpose: SERVICE
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: Matter called out at 12.06 p.m.
Adv. Apoorva Kulkarni for plaintiff present. He is seeking time to serve the defendants. Time granted.
None present for defendant.
Matter stands adjourned to 25.04.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Adv. Apoorva Kulkarni I/b M/s. V. Deshpande and Co. for plaintiff.
None for defendant.
Matter stands adjourned to 21.06.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: None present for plaintiff and defendant.
Matter stands adjourned to 08.08.2022 for dismissal of NM.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Adv. Mr. Apurva Kulkarni for applicant present.  He is seeking time for compliance of order dated 13.01.2022. He is at liberty to take steps, but he is given understanding that if no steps are taken on next date, NM will be dismissed.
None present for defendant.
Matter stands adjourned to 13.09.2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Adv. Jyoti Sanap for plaintiff present.
K.B.
Later on called out at 3.54 p.m.
None present.
Matter stands adjourned to 25.11.2022 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: Adv. Rupak Sawangikar for plaintiff present. He is seeking time. Time granted by way of last chance.
None present for defendant.
Matter stands adjourned to 21.01.2023 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: Court is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: Adv. Apoorv Kulkarni for Applicant/plaintiff present. He is seeking time. Time granted.
None present for defendant.
Matter stands adjourned on 19.06.2023 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: As Court is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 28-08-2023

Date: 28-08-2023
Business: Adv.  Nikhil Rajani for applicant/plaintiff no. 2 present. He seeks time to serve defendants to comply order dtd. 13-03-2022.
None for defendant present.
Matter stands adjourned on 21-10-2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-10-2023

Date: 21-10-2023
Business: Applicant /plaintiff no. 2 absent
Matter stands adjourned on 17-01-2024 for affidavit of service/NM
dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: Advocate Nikhil Rajani for Plaintiff present and seeks time as the settlement talk is going on between the parties. Time is granted.
None for defendant present.
Matter stands adjourned on 07-03-2024 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 07-03-2024

Date: 07-03-2024
Business: None present.
Matter stands adjourned on 02-05-2024 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 02-05-2024

Date: 02-05-2024
Business: Adv. Nikhil Rajani for Plaintiff present.
None for defendant present.
Matter stands adjourned on 04-07-2024 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 04-07-2024

Date: 04-07-2024
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned 02-09-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2024

Date: 02-09-2024
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 19-10-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on   21.12.2024 for  N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2024

Date: 21-12-2024
Business: P. O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2025

Date: 17-02-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. Shreyansh Desai for Plaintiff present.
None for defendant present.
The roznama indicates that the NM is not duly served on the defendant hence plaintiff is directed to serve the NM upon the defendant till next date.
Matter stands adjourned on 01-04-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2025

Date: 01-04-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for Plaintiff present.
None for defendant present.
Later on at 4.50 p.m.
Advocate Shreyansh Desai for plaintiff present.
Matter stands adjourned on 21-06-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2025

Date: 21-06-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None for Plaintiff present.
None for defendant present.
Court is busy in other matters, hence adjourned.
Matter stands adjourned on 18-08-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2025

Date: 18-08-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
Advocate for Plaintiff No.2 present. On his request matter is kept back.
None for defendant present.
Later on at 3.30 p.m. Advocate for plaintiff seeks time. O - Time is granted till next date.
Matter stands adjourned to 17-01-2026 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2026

Date: 17-01-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Advocate Ajay Deshmane for Plaintiff No. 2 present. The earlier roznama shows that the order dtd. 13.01.2022 is not complied without service upon defendant. The matter is adjourned every day under the caption of settlement since 17.01.2024. Earlier the matter was fixed for dismissal. The Hon'ble High Court pressing heard to disposed of the old cases on top priority. In view of the directions of Hon'ble High Court it is a targeted case, matter can not be kept pending without effective orders/steps. Last chance granted to the plaintiff to comply the order dtd. 13.01.2022. Otherwise on next date dismissal order will be passed.
None for defendant present.
Matter stands adjourned for compliance/order to 27-01-2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2026

Date: 27-01-2026
Business: Adv. Nikhil Rajani for Plaintiff present and seeking time to comply the order dated 13/01/2022.
None for defendant present.
Already last chace was granted to plaitiff to comply order dated 13/01/2022. Today matter is fixed for dismissal order. Nothing is brought on record to show that the plaintiff has complied with the order.  Hence adjournment granted subject to cost of Rs. 5000/- payable to DLSA.
Matter stands adjourned for dismissal to 17/02/2026.
Next Purpose: DISMISSAL
Next Hearing Date: 17-02-2026

Date: 17-02-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Advocate Nikhil Rajani  for Plaintiff present and filed compliance pursis vide Exh.. and submitted that he has complied order dtd. 27-01-2026.
None for defendant present.
Kept back. L. O. at 4.00 p.m..
Advocate for plaintiff filed affidavit of service. TOR. marked as Exh.
Matter stands adjourned for appearance/reply to 01-04-2026.
Next Purpose: FOR APPERANCE
Next Hearing Date: 01-04-2026

Date: 01-04-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None present.
Matter stands adjourned for appearance to 10-06-2026.
Next Purpose: FOR APPERANCE
Next Hearing Date: 10-06-2026

Date: 10-06-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None for applicant present.
None for respondent present.
Matter stands adjourned for appearance to 18-07-2026.
Next Purpose: FOR APPERANCE
Next Hearing Date: 18-07-2026

Date: 18-07-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None present. Matter stands adjourned for appearance to 01-09-2026.
Next Purpose: FOR APPERANCE
Next Hearing Date: 01-09-2026

Date: 01-09-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
Advocate  for Plaintiff present.
None for defendant present.
Matter stands adjourned for appearance/NM hearing to 23-10-2026.
Next Purpose: FOR APPERANCE
Next Hearing Date: 23-10-2026

Main Case No: SUIT/0108259/1999
Main Cnr: MHCC010066391999
Main Filing No: 111447

Filing Number: 107109/2019
Filing Date: 03-07-2019
First Hearing Date: 22nd August 2019
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE