Date: 26-09-2018
Business: Adv. Kaivita Sharma for Plaintiff
Adv. Priyanka Pol for Defendant
On the oral request of the advocate for plaintiff,
Matter is adjd. to 12/11/2018 for Steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-11-2018
Date: 12-11-2018
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 21/01/2019 for Steps by plaintiff.
L.O.
Adv. Kavita Sharma for plaintiff present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-01-2019
Date: 21-01-2019
Business: Adv. Kavita Sharma for Plaintiff present.
Adv. Priyanka Paul for Defendant present.
Matter is adjd. to 04/03/2019 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-03-2019
Date: 04-03-2019
Business: Adv. Kavita Sharma for Plaintiff
Adv. Priyaka Poul for Defendant
On the oral request of the advocate for plaintiff,
Matter is adjd. to 10/04/2019 for Filing S/J.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-04-2019
Date: 10-04-2019
Business: Adv for plaintiff Mrs.Kavita Sharma present
Adv for deft Ms.Priyanka present
Matter is Adjd for Steps to 31/07/2019
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-07-2019
Date: 31-07-2019
Business: Adv. Pankaj Sharma for plaintiff.
Adv.Priyanka for defendant.
Draft SJ @ affidavit tendered by Adv. for plaintiff.
Leave granted to register. Copy is supplied to Adv for
plaintiff.
Adjd for reply of SJ on 21/10/2019
Next Purpose: REPLY
Next Hearing Date: 21-10-2019
Date: 21-10-2019
Business: Holiday declared on account of election.
Next Purpose: REPLY
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Business: Adv. Kavita Sharma for plff present.
Adv. Surve for deft. present.
Registered SJ 270/19 @ affidavit filed by plff.
Adjd. to 13.01.2020 for SJ reply.
Next Purpose: REPLY
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Adv. Kavita Sharma for plaintiff.
Adv. Surve for defendant.
The Summons for Judgment has been served on the defendant in July, 2019. The defendant do not dispute the same fact. The defendant however contended that on that date Summons for Judgment was not registered, therefore, the defendant submitted that the period of 10 days as stipulated cannot be made applicable. The defendant also contented that after registration the SJ has not been served. However, this court must note that registration of the summons for judgment is a formality, for that process the defendant ought not to have refused or postponed filing of the reply/leave to defend. In any case the registered summons for judgment has been tendered on 23.11.2019. Still the defendant has not filed reply. Resultantly, this court has no option to pass no reply order against the defendant. Hence, the Summons for Judgment to proceed without reply of the defendant.
Adjd to 13.03.2020 for SJ Hearing
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: None for plaintiff
Adv. Priyanka for defendant.
Adjd for Hearing to 18-06-2020
Lo Adv. for defendant filed registered NM 1020/20 and 818/20 @ affidavit
Next Purpose: HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv. Kavita sharma for plaintiff
Adv. Anupama surve for defendant
Adjd to 21-04-2021
Next Purpose: HEARING
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv. Aditi Maheshwari i/b Ganesh & Co. for plaintiff present.
Adv. Anupam Surve along with Priyaha Pol i/b Little & Co. for defendant
Adv. Aditi Maheshwari explained reasons for not filing reply to both Nms earlier and submitted that short date may be given for filing reply in both NMs. - Time is granted.
Matter is adjd.to 16-10-2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: In view of Letter of Honble High Court dtd. 11-10-2021 and office order no. 213 of 2021 of Honble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: None for plaintiff present.
Adv. Mr. Anupam Surve for defendant present.
L.O.
Adv. Kunal Vaishnav for plaintiff present and filed affidavit in
reply to NM 818/20 and NM 1020/20.
He also filed Vakalatnama for the plaintiff t.o.r. and marked as
Exh.2.
Matter is adjd.to 03-01-2022 for n/m hearing at
2.45 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: Adv. Prerna for plaintiff present.
Adv. Aakash Kothari for defendant present.
Both of them prayed for adjournment - short date be given.
Matter is adjd.to 24-01-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: Adv. for plaintiff present.
None for defendant
Matter is adjd.to 16-02-2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv. Kunal Vaishnav for plaintiff present.
Adv. Anupam Surve for defendant present.
Heard both sides.
Matter is adjd.to 18-02-2022 for NM Order(4.30pm)
Next Purpose: NM ORDERS
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv. Prerna Verma for plaintiff present.
Adv. Nirav Shah i/b M/s Little and Co. for defendant present.
F.R.S.R. following order is passed in NM No. 818/20-
ORDER
1. Notice of Motion No. 818/2020 is dismissed.
2. The proceeding of N/m No. 818/2020 is closed.
F.R.S.R. following order is passed in NM No. 1020/20-
ORDER
1. Notice of Motion No. 1020/2020 is dismissed.
2. The proceeding of N/m No. 1020/2020 is closed.
Matter is adjd.to 10-03-2022 for S/J Hrg.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: Adv. Prerna Verma for plaintiff present
Adv. Aakash Kothari for defendant present.
Both sides prayed for adjournment - short date be given.
Matter is adjd.to 01-04-2022 for S/J Hrg.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Adv. Prerna Verma for plaintiff present.
Adv. Aakash Kothari for defendant present.
Matter is adjd.to 06-04-2022 for S/J Hrg.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv. Prerna Verma along with authorized representative of plaintiff namely Sindhu Unnikrishnan Kurup present.
Adv. Aakash Kothari for defendant present.
Adv. Prerna Verma for plaintiff filed application for withdrawal of the suit. t.o.r. and marked as Exh.3
Adv. Prerna Verma for plaintiff submitted that the plaintiff does not want to continue the suit proceeding due to compromise between the parties and payment of settlement amount as mentioned in para 6 and 7 of Exh. 3. Authorized Representative of Plaintiff namely Sindhu Unnikrishnan Kurup has admitted her signature on the application and expressed desire of withdrawing the suit. Considering contents in Exh.3 and submission of Ld. Adv. Prerna Verma, I passed the following order -
Order
1. Application Exh.3 is allowed.
2. Commercial Suit No. 708/2021 is disposed off as withdrawn.
3.Court fees be refunded to the Plaintiff as per rules and Refund Certificate be issued accordingly.
4. Parties shall bear their own costs.
5. Summons for Judgment No. 270/19 is disposed of having become infructuous due to disposed of main matter.
6. Proceeding closed.
Nature Of Disposal: WITHDRAWL
Disposal Date: 06-04-2022