Date: 21-08-2018
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 15-12-2018
Date: 15-12-2018
Business: As the Court is on Leave Board is discharged and the matter stands adjd to 21.03.19
Next Purpose: REPORT
Next Hearing Date: 22-03-2019
Date: 22-03-2019
Business: Adv for plaintiff Mr.Argun Kumar present
Adv for deft Mr.Khopde present
Adv for plaintiff filed reply to N/M
Adv for deft stated that he received copy of reply
Matter is Adjd for N/M Hearing to 23/07/2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2019
Date: 23-07-2019
Business: Adv Arun Kumar for plaintiff present.
None for defendant
Adjd for NM hearing on 22/10/2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Adv. Arun Kumar for plaintiff present .
None for deft.
Adjd. to 14.02.2020 for nm hearing.
LO 11.35 a.m.
Adv. Abhijit Sawant for deft. Present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Adv. Arun kumar for plaintiff
Adv. Panchal for defendant
Adjd for NM Hearing to 31-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2020
Date: 31-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2020
Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2020
Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv Arun kumar for plaintiff
Adv chauhan for defendant
By consent adjd to 27-04-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv. Manish Kenia for plaintiff present and filed and filed original S/J No. 276/18 with supporting affidavit t.o.r.
None for defendant
He also filed affidavit of service with original writ of summons and postal acknowledgment t.o.r. and marked as Exh.2
The plaintiff has filed affidavit in reply to NM, but the defendant did not place on record registered NM.
Hence, the defendant is directed to place on record registered NM No. 4191/18 on the next date of hearing failing which necessary order will be passed.
Matter is adjd.to 16-11-2021 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv. Manish Kenia for plaintiff present.
Adv. Abhijeet Sawant for defendant present and filed original registered NM No. 4191/18 with supporting affidavit t.o.r.
Heard both sides on NM No. 4191/18.
F.R.S.R. following order is passed NM No. 4191/18 -
ORDER
1. Notice of Motion No. 4191/2018 is made absolute in terms of prayer clause (a), (b) and (c).
2. The proceedings of N/M No. 4191/18 is closed.
Adv. Abhijeet Sawant filed affidavit in reply in S/J No. 276/18.
Matter is adjd.to 16-12-2021 for S/J Hrg.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv. Manish Kenia for plaintiff present and tendered draft Ch/sum. Leave to register Ch/sum is granted.
The matter is adjd. for service of Ch/sum and reply to 05-01-2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Ankita Sovani for plaintiff present and filed original registered C/S No. 1900/21 with supporting affidavit t.o.r.
Adv. amruta patil for defendant received copy of C/S No. 1900/21.
Adv. Amruta Patil for defendant present and filed adjournment application t.o.r. and marked as Exh.3 – other side to say
Adv. Ankita Sovani gave say on Exh. 3.
Heard both sides.
Considering the ground in the application and no objection of other side, application Exh. 3 is allowed.
Matter is adjd.to 29-01-2022 for C/S Reply. (2.45pm)
Next Purpose: C/S REPLY
Next Hearing Date: 29-01-2022
Date: 29-01-2022
Business: None for plaintiff.
Adv. Mr. Abhijeet Sawant for defendant present and prayed for adjournment – short date be given.
Matter is adjd.to 17-02-2022 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv. Manish Kenia a/w Adv. Ankita Sovani for plaintiff present.
Adv. Abhijeet Sawant for defendant present.
Matter is adjd.to 28-02-2022 for C/S hrg (12.00 noon)
Next Purpose: C/S HEARING
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Adv. Manish Kenia a/w Adv. Ankita Sovani along with Constituted attorney of the plaintiff namely Prashant Hemant Parekh present.
Adv. Abhijeet Sawant for defendant Amit and proposed defendant Arvind present and filed vakalatnama of proposed defendant Arvind t.o.r. and marked as Exh.4
He also filed two affidavits in reply of defendant Amit and proposed defendant Arvind respectively t.o.r.
Both sides filed consent terms t.o.r. and marked as Exh.5
Heard both sides in C/S No. 1900/21
As proposed defendant Arvind is actual proprietor of the firm, it is necessary to add him as a party to the suit so that necessary order can be passed by relying upon contents in Exh. 5. At the same time, other details are not required to be made part of the plaintiff’s pleading in view of positive development taking place in form of compromise in terms of Exh. 5. Hence, C/S No. 1900/21 is made absolute in part just for the purpose of adding respondent Arvind Gajanan Udavant as defendant no. 2 in the plaint. The plaintiff is directed to carry out the amendment in the plaint today itself. Proceeding of C/S No. 1900/21 is disposed off.
LO
As per order in C/S No. 1900/21, amendment is carried out in the plaint.
On perusal of consent terms Exh. 5, it appears that the parties have settled the matter and it is agreed between the parties to pay amount of Rs. 10,79,000/- towards full and final settlement of the matter to the plaintiff by the defendants on or before 30-05-2022 as mentioned in para 7 and 8 of the consent terms. Authorized representative of the plaintiff and defendants no. 1 and 2 admitted their signatures on the consent terms and they are identify by ld. Counsels representing them. In short, compromise between the parties is voluntary and they are duly represented by their respective counsels. Hence, I pass the following order -
Order
1. The Commercial Suit No. 688/2021 is decreed in terms of consent terms Exh. 5.
2. Parties shall bear their own costs.
3. Court fees shall be refunded to the plaintiff as per rules and refund certificate shall be issued accordingly.
4. Consent terms Exh. 5 shall form part and parcel of the decree.
5. Decree be drawn up accordingly.
6. S/J No. 276/18 is disposed off having become infructuous due to disposal of the main matter.
Nature Of Disposal: DECREED
Disposal Date: 28-02-2022