Date: 23-08-2019
Business: Adjd for further arguments to 18.09.2019
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: Plaintiff and his adv. absent
Defendant present.
Adv.Jayesh Bhatt for defendant present.
Adv for plaintiff absent. Matter is for argument of adv. Of plaintiff. It is adjourned as a last chance in the interst of justice.
Matter is adj.to 17.10.2019 for NM hearing .
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: Adv. Sachin Gele for plaintiff present.
None present for defendant.
Advocate for plaintiff filed an application seeking permission to withdraw suit vide Exh.03
KB
Plaintiff present.
Defendant present.
Adv. Jayesh Bhatt for defendant present.
Advocate for defendant filed reply to application Exh.03.
ORDER PASSED BELOW EXH.03
Perused application and reply of defendant. Verified plaintiff. He voluntarily admits that he wants to withdraw present suit as he has to file suit before the Small Causes Court.
Learned advocate for plaintiff submitted that plaintiff intends to file suit before Small Causes court therefore sought permission to withdraw present suit with liberty to institute fresh suit.
Considering above submission of the plaintiff permission is granted to withdraw present suit with leave to institute fresh suit subject to payment of costs of Rs.1000/- to the defendant. Accordingly, application is allowed and disposed off accordingly.
Costs paid by plaintiff to defendant.
ORDER PASSED BELOW EXH.01
Plaintiff and his advocate present. Defendant is present. Plaintiff has filed an application vide Exh.3 seeking permission to withdraw suit with leave to institute fresh suit. Said application has been allowed subject to payment of costs of Rs.1000/- to the defendant. Plaintiff has already paid costs to defendant. Therefore, suit stands withdrawn and accordingly disposed off. Bill of costs be drawn up accordingly.
ORDER PASSED BELOW NOTICE OF MOTION NO.4862 OF 2018
Present notice of motion is taken out by the plaintiff seeking temporary injunction against defendant in suit No.1899 of 2018. Said suit has already been withdrawn by the plaintiff. Therefore, present notice of motion is dismissed in default and disposed off accordingly.
ORDER PASSED BELOW NOTICE OF MOTION NO.627 OF 2019
This notice of motion is taken out by the defendant under Order 7 Rule 11 of CPC in suit No.1899 of 2018. Said suit has been withdrawn by the plaintiff. Present notice of motion is taken out in a cause and when said suit has already been disposed off then notice of motion has become infructuous. Therefore, notice of motion No.627 of 2019 stands filed and disposed off accordingly.
ORDER PASSED BELOW CHAMBER SUMMONS NO.1377 OF 2019
Chamber summons is taken out in suit No.1899 of 2018 which has already been withdrawn therefore present chamber summons does not survive accordingly dismissed for want of prosecution and disposed off accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 17-10-2019