Shri Avadhraj Motilal GuptaVsThe State of Maharashtra

Date: 14-08-2019
Business: Adv. Mr. Sharma for the Plaintiff present.
Adv. Khatib for State/ Defendant present.
Original writ of summons and letter of request tendered by the Plaintiff. t.o.r
Adv for the Defendant seeks adjournment for filing WS. Granted, subject to time prescribe in the CPC for filing WS.
Matter is adjd. to 3.09.2019 for WS by the Defendant.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 03-09-2019

Date: 03-09-2019
Business: Adv. S. B. Sharma for the Plaintiff present.
Adv. Khatib for State/Defendant present.
Adv for Defendant seeks adjournment. Granted as a very last chance.
Matter is adjd. to 4.11.2019 for WS by the Defendant.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: The Court is on Leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: Adv. S.B. Sharma for Plaintiff is present.
Adv. Khatib for defendant is present.
Defendant failed to file WS. Therefore No WS order is passed against defendant.
Matter is adjd. for evidence without WS to 07/02/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Adv.  S. B. Sharma for plaintiff is present. On his request matter is KB
Adv.  Sachin Kadam for defendant no. 1  is present.
KB
L.O.at  11.45  am
Adv. Khatib  for defendant no.  1 is present.  He filed  draft N/M along with affidavit in support for condonation of delay and for  setting aside No WS order.  Copy is served on adv. of plaintiff   Leave to register is granted.
L.O.at  12.45  pm
Plaint.
Vakalatnama/P in plaint.
Memo of address in plaint.
Adv. S. B. Sharma for plaintiff is present. He filed affidavit of evidence PW-1(Exh. 4) and list of documents (Exh. 5).
PW-1 is present.
Matter is adjd.  for admission and denial / N/M reply  to 26/03/2020.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: national lock down
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: None present for the plaintiff.
None present For the deft no.1.
Defendant No.01 has not tendered register NM.
Matter is adjd. to 03.03.2021 for compliance by deft No.01 inrespect of NM/ Admissibility documents of the plff.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv. Mr. S. B. Sharma for the plaintiff.
Adv. Mr. Khatib for the defendant.
Advocate for the defendant tendered registered N/M No.741/2020 along with affidavit in support. t.o.r.
Reply filed by advocate for the plaintiff.
Heard arguments of ld. advocate for plaintiff and defendant.
F R S R following order is passed:
O R D E R
1. Notice of Motion No.741 of 2020 is made absolute in terms of prayer clause (a) subject to costs of Rs.100/- which shall be paid to the plaintiff.
2. Notice of Motion No.741 of 2020 is accordingly disposed of.
Matter is adjd. to 16/04/2021 for costs.
Next Purpose: FOR___________________
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: FOR___________________
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: Court is on leave.
Next Purpose: FOR___________________
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: None present.
Matter is adjd. to 24/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: As Court is busy in hearing arguments in NM 2416/21 in SU 1954/21. Hence, Board is discharged.
Matter is adjd. to 20.01.2022 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 29.03.2022 for Admission Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: None present  for plaintiff.
None present for defendant.
As both the parties and their advocates are absent,
Matter adjourned for admission and denial to 17/06/22.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: Adv. s. b. sharma present for plaintiff.
Adv. khatib present for defendant and submitted that, copy of evidence of pw no. 01 and copy of evidence of plaintiff is not supplied.
Adv. For plaintiff submitted that, he will supply the copy thereof.
Matter adjourned for admission and denial to 08/07/22.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: Adv S.B. Sharma present for plaintiff and served copy of evidence to the defendant.
Adv Khatib present for defendant and sought adjournment for admission denial.
Matter adjourned for admission denial to 25.08.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. sharma present for plaintiff.
Adv. Khatib present for defendant/STATE and filed say of admission and denial on the list of document at Exh. 05 itself.
Matter adjourned for hearing on admissibility of documents to 30/09/22.
Next Purpose: HEARING
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: None present for plaintiff.
None present for defendant.
As both the parties and their advocates are absent, Matter adjourned for hearing on admissibility of documents to 21/10/22.
l.o. at 11.35 am.
Adv. S. P. Sharma present for the plaintiff.
Next Purpose: HEARING
Next Hearing Date: 21-10-2022

Date: 21-10-2022
Business: None present for plaintiff.
None present for defendants.
As both the parties and their advocates are absent, Matter adjourned for hearing on admissibility of documents to 29/11/22.
l.o. at 11.33 am.
Adv. Sharma present for plaintiff.
Next Purpose: HEARING
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: None present for plaintiff.
Adv. Arti Surve hf adv. Khatib present for defendants.
As plaintiff and his adv. are absent, Matter adjourned for hearing on admissibility of documents/dismissal order to 15/12/22.
l.o. at 11.30 am.
Adv. Sharma present for the plaintiff.
Next Purpose: DISMISSAL
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: Adv. S. B. Sharma present for plaintiff.
Adv. Khatib present for defendant/STATE.
As court is busy in recording evidence in suit no. 4927/2012 and in suit no. 1243/2018. Hence, Matter adjourned for hearing on admissibility of documents to 13/01/23.
Next Purpose: HEARING
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: Adv. S. B. Sharma present for plaintiff.
Adv. Vaibhavi pawar hf adv. khatib present for defendants/STATE and sought adjournment.
Matter adjourned for hearing on admissibility of documents to 21/02/23.
Next Purpose: HEARING
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: None present for plaintiff.
Adv. Khatib present for defendant/STATE.
As plaintiff and his adv. are absent, Matter adjourned for hearing on admissibility of documents to 28/03/23.
l.o. at 12.24 pm.
Adv. S. B. Sharama present for plaintiff.
Next Purpose: HEARING
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: None present for plaintiff.
Adv. Kapse present for defendant.
As plaintiff and his adv. are absent, Matter adjourned for hearing on admissibility of documents to 06/06/23.
l.o. at 11. pm.
Adv. S. B. Sharma present for plaintiff.
Next Purpose: HEARING
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: Adv. S.P. Sharma present for plaintiff.
Adv. Khatib present for defendant.
Matter adjourned for hearing on admissibility of documents to 03.07.2023.
Next Purpose: HEARING
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: None present for plaintiff.
Adv. Khatib present for defendant.
Matter adjourned for hearing on admissibility of documents to 01.09.2023.
Next Purpose: HEARING
Next Hearing Date: 01-09-2023

Date: 01-09-2023
Business: Adv. S.B. Sharma present for plaintiff.
Adv. Khatib present for defendant.
Matter adjourned for hearing on admissibility of documents to 18.10.2023.
Next Purpose: HEARING
Next Hearing Date: 18-10-2023

Date: 18-10-2023
Business: Plaintiff in-person present and tendered adjournment application. TOR and marked as Exh.6. O-Adjournment is granted.
Adv. Khatib present for defendant No.1/State.
Matter adjourned for hearing on admissibility of documents to 07.12.2023.
Next Purpose: HEARING
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: Adv. S.B. Sharma present for plaintiff and tendered application for permission to lead secondary evidence. Taken on record and marked as Exh.7.  O-Other side to say.
None present for defendants.
Matter adjourned for Say on Exh.7/ hearing on admissibility of documents to 01.02.2024.
Next Purpose: HEARING
Next Hearing Date: 01-02-2024

Date: 01-02-2024
Business: Adv. S.B. Sharma present for plaintiff and tendered adjournment application. Taken on record and marked as Exh.8. O-Adjournment is granted.
None present for defendants.
Matter adjourned for Say on Exh.7/ hearing on admissibility of documents to 26.03.2024.
Next Purpose: HEARING
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: Adv. S.B. Sharma with Adv. R.S. Nayal present for plaintiff.
Adv. Khatib present for defendant No.1.
Matter adjourned for Say on Exh.7/ hearing on admissibility of documents to 03.07.2024.
Next Purpose: HEARING
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: Adv. S.B. Sharma with Adv. R.S. Nayal present for plaintiff. He tendered application for withdrawal of appearance. Taken on record and marked as Exh.9. O-Filed.
Adv. Khatib present for defendant No.1.
Matter adjourned for Say on Exh.7/ hearing on admissibility of documents to 22.08.2024.
Next Purpose: HEARING
Next Hearing Date: 22-08-2024

Date: 22-08-2024
Business: Both partie and their counsels are absent.
Matter adjourned for Say on Exh.7/ hearing on admissibility of documents to 17.10.2024.
Next Purpose: HEARING
Next Hearing Date: 17-10-2024

Date: 17-10-2024
Business: None present for plaintif.
Adv. Martina Sapkal for defendant/State present. She endorsed say on Exh.7 itself.
Matter adjourned for Hearing on Exh.7/ hearing on admissibility of documents to 16.11.2024.
Next Purpose: HEARING
Next Hearing Date: 16-11-2024

Date: 16-11-2024
Business: Adv. S. B. Sharma present for plaintiff. He filed an application to remove his name from board and discharing him from the present suit. O - Seen.
Adv. Martina Sakpal present for defendant No. 1.
Matter adjourned for hearing to 14.01.2025.
Next Purpose: HEARING
Next Hearing Date: 14-01-2025

Date: 14-01-2025
Business: None for plaintiff.
Adv. Martina Sakpal present for defendant/State.
It appears that advocate S.B. Sharma who used to appear for plaintiff has tendered application Exh.09 for withdrawal of his appearance. He has also filed application Exh.10 seeking discharge. Ld. Adv. has also placed on record letter send to plaintiff along with RPAD receipt and acknowledgment. It appears that despite notice plaintiff failed to appear before this court.
     In view of the above it is made clear that if plaintiff fails to appear before this court and proceed with the matter, it will be assumed that plaintiff is not interested in prosecuting the matter. The matter would be dismissed for non prosecution.
Matter adjourned for dismissal order to 18.02.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 18-02-2025

Date: 18-02-2025
Business: None for plaintiff.
Keep back.
Later on at 03.07 p.m.
None present for plaintiff.
Adv. Amit Kapse h/f. Adv. Martina Sapkal for defendant/State present.
     Despite detailed order dated 14.01.2025, plaintiff failed to appear and proceed with the matter. Hence, suit is hereby dismissed for non prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 18-02-2025

NOTICE OF MOTION/100741/2020

Registration Number: 102132/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 102132/2019
Transfer Date: 28-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 107315/2019
Filing Date: 04-07-2019
First Hearing Date: 14th August 2019
Decision Date: 18th February 2025
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE