Date: 30-01-2019
Business: Adv. Tanmay Kelkar for Plaintiff present.
None for Defendant.
On the oral request of the advocate for plaintiff that case is adjourn for service report.
Matter is adjd. to 05/03/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 05-03-2019
Date: 05-03-2019
Business: Adv. Trupti Surve for Plaintiff present.
None for Defendant.
Advocate for plaintiff has filed application for issuance of fresh writ of summons, TOR.
Order Issue fresh writ of summons upon defendant.
Matter is adjd. to 30/04/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 30-04-2019
Date: 30-04-2019
Business: Adv for deft Mr.Shankar present
Matter is Adjd for Steps to 23/08/2019
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-08-2019
Date: 23-08-2019
Business: Adv. Mishra for plaintiff present.
Exh. 1- Plaint
Exh. 2- V/p.
Exh.3- List of document
Exh.4- Memorandum of address.
Exh.5- Affidavit of service @ original writ of summons.
Deft no. 1 and 2 is served suit summons through RPAD Deft. no. 3 had not collected the postal packet inspite of intimation. Defts absent. Hence, suit to proceed exparte.
Adjd. for exparte evidence to 04.11.2019.
LO
At 3.15 p.m.
Adv. B. Pooja for deft. Present.
Already adjd. to 04.11.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Adv.Mavale for plaintiff present.
Adjd. for exparte evidence to 22.01.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. Hitesh for plaintiff.
Adv. B Pooja for defendant.
The roznama shows that the matter has been fixed for ex-parte evidence. Ex-parte order was passed in the noting dtd.23.08.2019. However, same is an inadvertant or mistaken noting because the defendants had appeared on 15.04.2019 by filing vakalatnama. The Vakalatnama of the defendant was also taken on record as per the noting dtd.15.04.2019. The summons was served on the defendants on 10.04.2019. Thus, the appearance of the defendants was within stipulated period. In this backgrond the mistaken order noted in roznamad dtd.23.08.2019 is set aside. The matter to proceed recording the appearance of the defendants within stipulated time.
Adv. for plaintiff filed Draft SJ @ affidavit. Leave is granted to register. Copy be served on the other side.
Adjd for service of SJ 18.04.2020.
Next Purpose: SERVICE
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 31-07-2020
Date: 31-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Court is on leave. Matter adjd to 09.11.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 09-11-2020
Date: 09-11-2020
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 26/11/ 2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 26-11-2020
Date: 26-11-2020
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 23.12.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-12-2020
Date: 23-12-2020
Business: Wrongly posted on todays board.
Matter adjd to 04.01.2021 for Service.
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: Adv.Smt.Khushbu Rohra i/b. Mahajan and Mahajan for plaintiff present.
None present for defendant.
Adv.of plaintiff filed summons for judgment No.18/2020 a/w. affidavit in support of summons for judgment No.18/2020 t.o.r.
Matter adjd to 13.01.2021 for Steps/Order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Adv.Khushboo Rohra i/b. Mahajan and Mahajan for plaintiff present.
Adv.B. Pooja i/b. Adv.P.Y. Shankar for defendant present.
Matter adjd to 03.02.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Plaintiff absent
Defendant absent.
Adv. Khushbu Rohara for plaintiff present.
Adv.for defendant absent.
Matter adjd to 17/02/2021 for order against defendants.
L.O. at 12.20 pm
Adv. Khushbu Rohara for plaintiff present.
Adv.B.Pooja for def. present.
Advocate for def. tender draft notice of motion.
Order - leave granted to register notice of motion.
Advocate for defendant filed affidavit in reply/ leave to defend on behalf of defendants in S/J No.18/20. Order - Put up for order.
Matter adjd. to 17/02/2021 for NM hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Reverting suit to original Court on 23.03.2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 23-03-2021
Date: 23-03-2021
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 25.03.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Adv.Khushboo Rohra i/b. Adv.Sahil Mahajan for plaintiff present.
Adv.P.Y. Shankar a/w. Adv.B.Pooja defendant No.1 present.
Defendant No.2-Mr.Haresh Pratap Chandan present.
Authorised signatory absent.
Adv. of deft. filed registered NM No.384/21 a/w. affidavit in support of registered NM No.384/21 tendered by defendant.
Consent terms of settlement, Exh.6 filed Adv. of defendant No.1 t.o.r.
Matter adjd to 30.03.2021.
Next Purpose: FOR___________________
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: Adv.Khushboo Rohra i/b.Adv.Sahil Mahajan for plaintiff present.
Adv.P.Y.Shankar for defendant present.
Mr.Shailendra Jain, authorised signatory of plaintiff present.
Adv. of plaintiff filed withdrawal application, Exh.7 t.o.r.
ORDER ON APPLICATION EXH.7
The plaintiff and the defendant has already filed Consent Term of settlement of the suit, Exh.6. The consent term point out that the defendant No.1 had drawn demand draft of State Bank of India bearing No.382953 amount of Rs.1,80,800/- (Rupees One Lakh Eighty Thousand Eight Hundred Only) for the plaintiff. It is contented in the consent terms that the suit be disposed of in terms of the consent terms.
Today, the Adv.for defendant Mr.P.Y. Shankar had handed over demand draft bearing No.382953 to Adv.Khushboo Rohra and the authorised signatory of plaintiff Mr.Shailendra Jain.
The Adv. for the plaintiff Sahil Mahajan through Adv.Khushboo Rohra had filed application, Exh.7 for withdrawal of the suit as the dispute between the plaintiff and defendant is settled amicably out of Court.
The dispute as it settled between the plaintiff and the defendant. The plaintiff is allowed to withdraw the suit without liberty to file fresh suit. The suit stands disposed of. The NM No.384/21 and the Summons for Judgment No.18/2020 also disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 30-03-2021