Date: 04-07-2018
Business: Fresh Assignment.
Plff. and his adv. absent.
Adv. Laxman Karnal for D/2 present and undertake to file V/P on next date.
D/1 and 3 are absent.
Matter is adjd. to 10.09.2018 for W/S of D/2 / service affd. of D/1 and 3.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-09-2018
Date: 10-09-2018
Business: Adv. B.G. Saraf for plff. present.
Defts. and their adv. absent.
Kb at 2.45 p.m.
Same appearance.
Adv. for D/1 and 2 present and filed reply on N/M No.2875/18. t.o.r.
Copy of reply is served to plff.
D/3 absent.
Adv. for plff. submits that he has served the N/M on the D/3 and has submitted acknowledgment of D/3.
On request of adv. for plff., Matter is adjd. to 18.09.2018 for filing rejoinder and hearing on N/M No.2875/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-09-2018
Date: 18-09-2018
Business: Adv. P.G. Saraff for plff present.
Adv. Arun Mehata for D/1 and 2 present.
D/3 is absent.
On request of adv. of D/1 and 2, Matter is adjd. to 26.09.18. for hearing on N.M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2018
Date: 26-09-2018
Business: Adv. for plff. present.
Adv .for D/1 and 2 present.
D/3 is absent.
Adv. for plff. filed rejoinder in N/M No. 2875/18.
W/S filed by adv. for D/1 and 2 t.o.r
Matter is adjd. to. 21.11.2018 for hearing on N/M No. 2875/18
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2018
Date: 21-11-2018
Business: Adv. Saraf for plff. present.
Adv. for D/1 and 2 present.
Adv. Siddharth Desai for D/3 present.
Exh.5 V/P filed by adv. for D/3 t.o.r
Matter is adjd. to. 17.12.2018 for hearing on N/M No.2875/18
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2018
Date: 17-12-2018
Business: Adv. Saraf for plff. present and has filed rejoinder to N/M No.2875/18 t.o.r
Adv. for D/1 and 2 present.
Adv. for D/3 present and has filed Exh.6 reply to N/M No.2875/18 and W/S on behalf of D/3. The Adv. of plff. has given consent to allow to him the same. Hence, t.o.r.
Copy supplied to adv. of plff.
Matter is adjd. to. 07.01.2019 for hearing on N/M No.2875/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2019
Date: 07-01-2019
Business: Adv. for plff. present.
Adv. for D/1 and 2 present.
Adv. for D/3 present.
On request of Adv. for plff. Matter is adjd. to. 20.03.2019 for hearing on N/M No.2875/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2019
Date: 20-03-2019
Business: Adv. for plff. present.
Adv. for D/1 and 2 present and has affd. in rejoinder in reply to the affd. of D/3 in N/M No.2875/18.
D/3 is absent.
On request of Adv. for plff. Matter is adjd. to. 28.06.2019 for hearing on N/M No.2875/18
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: Advocate Ms. Saraf for Plaintiff present
Advocate Ms. Ashvini Pawar for Defendant 1 and 2 present
Advocate Mr. Tiwari for Defendant no.3 present
By consent, case is adjourned to 20/09/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2019
Date: 20-09-2019
Business: Court is busy in recording evidence in suit no.8136/86 and court has to dictate Judgment in suit no.4470/08, hence case is adjourned to 17/10/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2019
Date: 20-09-2019
Business: None present for Plaintiff.
Advocate Ashwini Pawar for Defendant no.1 and 2 present
As none present for Plaintiff, case is adjourned to 26/11/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Advocate Ms.Dimple Gala for Plaintiff present and sought adjmt for NM hearing. Considering submissions adjourned.
Advocate Ms. Mehta for Defendant no.1 and 2 present
Advocate Mr. Siddharth Desai for Defendant no.3 present
Case is adjourned to 13/03/2020 for NM for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv. Christina Karl filed Vakalatnama on behalf of plaintiff which has no objection of previous adv.
Vakalatnama filed by Adv. of plaintiff.
Adv. Yadhav for defendant no. 1 present and filed Vakalatnama. T.O.R.
Case is adjourned to 04.07.2020 for N.M. Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2020
Date: 04-07-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2020
Date: 04-07-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Business: Adjd.to 26.11.2020 due to covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2020
Date: 05-09-2020
Business: Adjd.to 26.11.2020 due to covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 12/02/2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv Ms. Khan for plff present and filed sur-sur-rejoinder in NM No.2875/2018.
Adv.Mr. Surendra Yadav for deft No.1 present and filed pursis Exh.9 along with copy of death certificate informing the court that deft No.1 Malati Sahastrbuddhe expired on 23.08.2020. O- Plff to note.
Deft No.2 Jayashree Phadnis present with her Adv Ms.Pawar .
Adv Mr. S.A. Desai for deft No.3 present.
Advocate for plff seeks time to take steps for bringing HLRs of deceased deft Nos.1 and 3 on record.
Matter is adjd. for steps to 09.04.2021.
L.O.
Advocate for deft No.3 filed pursis at Exh.10 along with copy of death certificate for informing the Court that deft No.3 has expired on 01.10.2020.
Already adjd. to 09.04.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Adv Shivesh Upadhyay alongwith Adv. Sanjeeta Shaikh and Adv. Pragati Bandarkar for plff present and filed draft Chamber Summons alongwith Affidavit in support. Leave to register is granted with direction to serve the other sides.
None present for deft.
Matter is adjd. for Chamber Summons reply and NM hearing to 08.07.2021.
Judge
LO at 2.15 p.m.
Adv. Priyansha Pawar for defendant No.2 present.
Already adjourned to 08.07.2021.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Business: Adv Mr. Dinesh Tiwari h/f Adv Mr. Carloes for the plff present and filed registered Ch/s No.771/2021 along with affidavit in support.
None present for deft.
Plff is directed to serve copy of Ch/s on deft.
Already adjd. to 08.07.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-08-2021
Date: 08-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv Ms.Cristina Carlos for plff present and seeks time to file affidavit of service of ch/s NO.771/2021.
Adv Mr. Arun Mehta for deft No.2 present and
None present for other defts.
Matter is adjd. for affidavit of service of Ch/s to 17.09.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: None present for plff.
Adv Ms. Pawar for deft No.2 present and submitted that deft No.2 does not want to file reply to ch/s No.771/2021.
Plff to file affidavit of service of said ch/s on deft nos.1 and 3.
Matter is adjd. for affidavit of service of Ch/s to 09.11.2021.
Judge
L.O.at 3.00 p.m.
Adv Ms. Carlos for plff present and filed affidavit of service.
Already adjd. to 09.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv Ms. Cristina Carlos present for plff.
Adv Ms. P. Pawar present for deft.No.2.
Ld. advocate for the plff submitted that applicants mentioned in the Ch/ s No.771/2021 are the legal heirs of deceased deft No.3. Though those persons are shown to be applicants, Adv. for the plff submitted that Ch/s is in fact taken out by the plff and not by these applicants. Having gone through the affidavit filed in support, I found substance in her submission. Plff is directed to serve these proposed legal heirs/applicants with Ch/s No.771/2021. Adv. for deft No.2 submitted that deft no.2 has no objection to allow the ch/s.
Matter is adjd. for service to 23.12.2021.
Next Purpose: SERVICE
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Court is on leave.
Next Purpose: SERVICE
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Adv Ms. Cristina Carlos for plff present.
None present for deft.
K.B.
L.O.at 3.00 p.m.
Adv Priyasha Pawar for deft No.2 present.
Affidavit of service of ch/s on proposed legal heirs is not filed
Matter is adjd. for affidavit of service to 31.03.2022.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: CA Shri Prasad Vasant Date of the plaintiff is present in person with Adv Ms. Chitra Kareer h/f Adv Cristina Carlos.
CA of plaintiff and holding advocate for the adv for the plaintiff have filed application Exh.11 for seeking permission to withdraw the suit, N.M.No.2875/2018 and Ch/s No.771/2021.
CA of plaintiff has produced true copy of power of attorney executed in his favour by the Board of Director of plaintiff Company. He has made available the original power of attorney. Copy produced with application Exh.11 tallied with said original hence, said copy is marked as Exh.12 and original is returned back to him with direction to produce it as and when ordered by the Court. He has also produced copy of his AADHAR card with application Exh.11. Said copy tallied with the original AADHAR card made available by him hence, copy of AADHAR card is marked as Exh.11/A and original AADHAR card is returned back to him with direction to produce it as and when directed by the Court.
Suit is filed through one Mrs. Sucheta Anant Khare as CA of the plaintiff. It is informed by the advocate for plaintiff that said CA of plaintiff is presently in Australia and hence, Mr. Prasad Date is now appointed as a CA by the Board of Directors of the plaintiff company. On enquriy, CA of plaintiff admitted the contents of application Exh.11 to be true, correct and admissible to him. Call say of defendants on Exh.11.
K.B. for say of defts.
L.O. at 4.15 p.m.
Adv Ms. Chitra Kareer h/f Adv Cristina Carlos for plff present.
Adv Mr. Arun Mehta for defendant No.2 present and endorsed reply of deft No.2 on application Exh.11 itself.
Heard.
It is mentioned in para -2 of the application that suit has become infructuous as defendant No.2 is no more authorized to deal with the suit flat hence, plaintiff is withdrawing the suit.
Ld. advocate for defendant No.2 objected to said contents of the application by submitting that Honble High Court has already granted Probate in favour of defendant No.2 within the knowledge of plaintiff. He submitted that defendant No.2 has no objection if plaintiff is withdrawing the suit unconditionally. Ld. Advocate for the plaintiff submitted that it is already mentioned in pen ink in prayer clause “a” of application Exh.11 that plaintiff is withdrawing the suit unconditionally. Since suit is sought to be withdrawn unconditionally alongwith pending NM No.2875/2018 and Ch/s 771/2021, application Exh.11 is allowed. In the result, Suit No.1422/2018 and pending NM No.2875/2018 and Ch/s No.771/2021 are disposed off being withdrawn unconditionally by the plaintiff.
Parties to bear their own costs.
Court fees be refunded to the plaintiff as per rules.
Proceeding is closed.
Authenticated copy of this roznama be given to both parties as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 31-03-2022
