Date: 01-08-2019
Business: Advocate Ms. S. R. Acharya for Plaintiff present and filed registered Notice of Motion no.2725/2019 with affidavit in support, t.o.r.
Advocate Ms. Risha Sharma for Defendant present
Case is adjourned to 05/10/2019 for NM reply and hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-10-2019
Date: 05-10-2019
Business: P.O. is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-12-2019
Date: 05-10-2019
Business: P.O. is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Advocate Mr. Guupta for Plaintiff present and filed affidavit of service of writ of summons and Notice of Motion no.2725/19, t.o.r. Plaintiff\''s advocate submitted that except Defendant no.5 writ of summons is served upon all the Defendants. Plaintiff to file affidavit of service of writ of summons in respect of Defendant no.5.
Advocate Ms. Shivangi Rajak for Defendant no.2 and 3 present and filed-
Vakalatnama for Defendant no.2 and 3, t.o.r.
Written Statement of Defendant no.2 and 3, t.o.r.
Reply to Notice of Motion no.2725/19 t.o.r.
Advocate Mr. Mittal for Defendant no.6 present and undertakes to filed vakalatnama on behalf of Defendant no.6 on next date.
None present for Defendant no.1 and 4.
Case is adjourned to 24/02/2020 for filing service in respect of Defendant no.5/NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Business: Advocate Mr. Shrivastav for Plaintiff present and sat Plaintiff is intending to publish public notice against Defendant no.5 who according to bailiff\''s report has left the address shown in the plaint. Plaintiff is directed to make inquiry about the fact that in which area or City Defendant no.5 is residing so that public notice can be issued in the local newspaper from such area.
Advocate Ms. Shvangi Rajak for Defendant no.2 and 3 present
Advocate Mr. Ali Kazmi for Defendant no.6 present
Case is adjourned to 10/06/2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 05/08/2020.
Next Purpose: SERVICE
Next Hearing Date: 05-08-2020
Date: 10-06-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 05/08/2020.
Next Purpose: SERVICE
Next Hearing Date: 05-08-2020
Date: 05-08-2020
Business: Due to corona pandemic and lockdown and due to heavy rainfall in Mumbai
Next Purpose: SERVICE
Next Hearing Date: 25-09-2020
Date: 05-08-2020
Business: Due to corona pandemic and lockdown and due to heavy rainfall in Mumbai
Next Purpose: SERVICE
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 18/12/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Advocate Ms. Neelam Gupta h/f adv. S. R. Gupta for plaintiff present
None present for Defendants.
It seems that due to Corona pandemic, no one is present for defendants, hence case is adjourned to 16/02/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv Ms. Gupta for plff present filed application for substitute service.
Since plff has take out ch/s for substitute service, application is disposed off with liberty to file appropriate ch/s.
Advocate for plff submitted that affidavit of service is already placed on record. Having gone through the said affidavit, it appears that deft Nos.1 to 4,6 and 7 are served with suit summons and NM.
K.B.
L.O. at 4.05 p.m.
Defts Nos.2 and 3 have already filed WS and reply to NM.
Det Nos.1,4,6 and 7 did not appear though served properly with NM and suit summons hence, suit and NM No.2725/2019 to proceed ex-parte against deft Nos.1,4,6 and 7.
Matter is adjd. for steps to serve deft No.5 to 22.04.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-07-2021
Date: 22-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-09-2021
Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Adv Ms. Nilam Gupta for plff present and seeks adjournment to serve det No.5.
None present for defts.
Matter is adjd. for taking steps to 18.11.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: None present for both parties.
Steps not taken by the plff to serve deft no.5 till date hence, matter be kept for order.
Matter is adjd. for order to 19.01.2022.
Next Purpose: ORDER
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: Due to Covid 19
Next Purpose: ORDER
Next Hearing Date: 29-03-2022
Date: 19-01-2022
Business: Due to Covid 19
Next Purpose: ORDER
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Court is on Leave
Next Purpose: ORDER
Next Hearing Date: 30-06-2022
Date: 29-03-2022
Business: Court is on Leave
Next Purpose: ORDER
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: Plaintiff absent. Defendant absent.
Read the roznama dated 18.11.2021 steps are not taken for service in respect of defendant No.5. Hence, suit is dismissed against defendant No.5.
Matter adjd to 08.09.2022 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Adv.Neelam Gupta for plaintiff present.
None present for deft.
On request of plaintiff matter adjd to 22.11.2022 for steps/ withdrawal of suit.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-11-2022
Date: 08-09-2022
Business: Adv.Neelam Gupta for plaintiff present.
None present for deft.
On request of plaintiff matter adjd to 22.11.2022 for steps/ withdrawal of suit.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv.Hanumant S.Gupta h/f.Adv.S.R.Gupta for plaintiffs present.
None present for deft.
Adv.of plaintiff filed application for withdrawal of suit t.o.r. and marked as Exh.5.
Heard the Ld.Adv.for the plaintiff. It is the contention of the plaintiffs that they are not interested to proceed with the suit and want to withdraw it unconditionally. Hence, following order is passed below Exh.5.
ORDER BELOW EXH.5
1. The application Exh.5 is allowed.
2. The plaintiffs are allowed to withdraw this suit unconditionally.
3. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
Read the application, Exh.5 and today\''s order passed thereon. The plaintiffs want to withdraw this suit unconditionally. In view of order below Exh.5, the plaintiffs are allowed to withdraw the suit unconditionally. Hence, I pass the following order.
ORDER
1. Suit is dismissed as withdrawn unconditionally.
2. Parties to bear their own costs.
3. The plaintiff is entitled for refund of Court fees as per rules.
ORDER IN NM NO.2725/2019
Read the application, Exh.5 and order passed thereon. Read the order passed below Exh.1. This suit has been withdrawn unconditionally, hence, this notice of motion does not survive further for consideration. Hence, I passed the following order.
ORDER
1. Notice of Motion No.2725/2019 is dismissed.
2. Parties to bear their own costs.
Nature Of Disposal: WITHDRAWL
Disposal Date: 22-11-2022