Date: 13-08-2018
Business: dv. Mahendra C. Moholkar Present for the Plff.
Adv. Amit Nikam Present for the Deft. Undertake to file VP.
Adj. For WS on 12/09/2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-09-2018
Date: 12-09-2018
Business: Adv. Moholkar Present for the Plff.
Adv. Amit Nikiam Present for the Deft. Undertake to file VP for Deft. and sought adj. For filing WS.
Writ of summons was served on 27/07/2018.
Hence time extended as strictly last chance for filing WS on 26/10/2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-10-2018
Date: 26-10-2018
Business: Adv. Moholkar Present for the Plff.
None Present for the Deft.
When called deft absent. No WS tendered. Hence suit proceeded without WS against deft.
Adj. For Ex-parte Evidence on 22/01/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-01-2019
Date: 22-01-2019
Business: Adv. Mahendra Mohalkar Present for the Plff.
Adv. Amit Nikam Present for the Deft.
Ld counsel for the deft filed registered NM 4726/18 alongwith affidavit. t.o.r.
Ld counsel for the plff submitted that they do not want to file separte reply and orally argue the NM about which overleaf the NM they filed submission.
adj. For Hearing of NM 4726/18 on 13/02/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2019
Date: 13-02-2019
Business: Adv. Mahendra Mohalkar Present for the Plff.
None Present for the Deft for argument of NM 4726/18.
Heard Ld counsel for the plff of NM 4726/18.
Adj. For Order of NM 4726/18 on 12/03/2019.
Next Purpose: NM ORDERS
Next Hearing Date: 12-03-2019
Date: 12-03-2019
Business: Adv. Mahendra Moholkar Present for the Plff.
Adv. Amit Nikam Present for the Deft.
F.R.S.R following order of NM 4726/18.
1. Notice of Motion 4726 of 2018 stands rejected.
2. Parties to bear their own costs.
Adj. For Ex-parte Evidence on 17/06/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-06-2019
Date: 17-06-2019
Business: Adv. Mahendra Moholkar Present for the Plff.
None for defendant.
Court is busy in dictating Judgment in SC No.945/13, Hence board is discharge.
Adj. For Ex-parte Evidence on 05/08/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: Adv.Mahendra Moholkar for plaintiff present.
Adjd.for Exparte evidence on 26.09.2019
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-09-2019
Date: 24-09-2019
Business: NOB TOB
Civil writ received from Hon\''ble High Court in Writ Petition (Stamp) No.11721/19.
Civ. W.P. No. - C0 112039 of 2019, dated 19-09-19.
CORAM- M.S. KARNIK, J. DATED- 06.09.2019.
ORDER
3. The petitioner to serve the respondent by Advocate\''s notice along with the copy of this order informing the respondent that the Petition would be heard on 27.09.2019. It is made clear that an endeavour would be made to dispose of the Peition finally on 27.09.2019.
6. List the petition on 27.09.2019 under the caption \''\''for Directions\''\''.
7. The Trial Court is requested to defer the hearing of the suit beyond 27.09.2019.
Matter already adjd for exparte R/E on 26/09/2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: None present for plaintiff.
Suit proceeded Exparte against the defendant.
Matter adjd.for Exparte evidence on 11.12.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: H.H.J. is on training
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: H.H.J. is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv. Mahendra Moholkar for plaintiff present and stated that there is a stay to proceeding against writ petition filed by defendant .
Adv. for plaintiff stated that there is an authority of Honble Supreme court that if the stay is not extended for six months then the said stay stands deem to be vacated.
As per roznama dt. 24.09.2019, the writ is received by the court and as per the order the trial court is directed not to proceed with the suit till 27.09.2019 Therefore unless the stage of writ petition is seen the suit will not be able to proceed. Plaintiff is at liberty to file the stage of the suit and state whether there is any further stay to the proceeding and in case plaintiff desire to rely on above referred authority of Hon\''ble Supreme court then file the said citation.
Adjd for suit stayed/ex-parte evidence to 06/05/2021.
Next Purpose: SUIT STAYED
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: Court is vacant
Next Purpose: SUIT STAYED
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Court is vacant
Next Purpose: SUIT STAYED
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Court is Vacant.
Next Purpose: SUIT STAYED
Next Hearing Date: 27-01-2022
Date: 27-01-2022
Business: Court is Vacant.
Next Purpose: SUIT STAYED
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: COURT IS VACANT
Next Purpose: SUIT STAYED
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: P.O.i in Training
Next Purpose: SUIT STAYED
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Matter called out at 12.28 pm
Adv Mahendra Moholkar for plff present
None for Defendant
Adv for the plff submits that the stay granted by the Hon\''ble High Court is not extended.
Adv for the plff by relying upon the judgment of the Hon\''ble Apex court in Asian Re-surfacing of Road Agency Pvt. Ltd. and another V/s CBI AIR 2018 SC 2039 submitted that the trial of the suit be proceeded. However, the status of the Writ Petition in which initial stay order is passed is not on record. Parties shall submit status of the Writ Petition.
Matter is adjd on 02.08.2022 for Stayed/Exparte Hrg.
Next Purpose: SUIT STAYED
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Matter called out at 12.24 pm
Adv for plff present
None for Defendant
Adv for plff tendered status of Writ Petition pending before the Hon\''ble High Court t.o.r
He submits that there is no stay to this proceeding by the Hon\''ble High Court.
Defendant is directed to file the status of the proceedings and make submissions on the stay on next date. Adv for the plff is requested to intimate next date to the adv for defendant.
Matter is adjd on 27.09.2022 for Suit Stayed
Next Purpose: SUIT STAYED
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: Matter called out at 12.50 pm
Adv Mahendra Moholkar for plff present
None for defendant
He submitted that he made an attempt to intimate today\''s date to the adv for defendant. However, letter sent by post could not be served upon adv for defendant. He tendered the postal envelope a/w copy of the letter t.o.r . He submits that as per the judgment of the Hon\''ble Apex Court, the stay is deem to have been vacated. He further submits that the WP ST No. 11721/2019 is never listed after 27.09.2019. It is still pending for admission. Therefore, according to him, there is no impediment for proceeding with the hearing of the suit.
K.B. L.O. at 3.36 pm
Adv for plff present
On verification from Bombay High Court website it is seen that on 14.11.2019, ad-interim order is continued. Adv for plff is insisting that the matter be proceeded and plff be permitted to file evidence. The letter issued by adv for plff to adv for defendant is not served.
Issue notice to defendant on court motion a/w previous Roznama directing defendant to remain present and to produce the speaking order if any in respect of the stay in the present suit.
Matter is adjd on 30.11.2022 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Court is busy in recording evidence in Suit No.6625/2004 and hearing arguments in Suit No. 8292/84. Hence, Board is discharged.
Matter is adjd on 30.01.2023 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: Adv. for plaintiff present
None for defendant
It seems that order dtd. 27/09/2022 is still not complied.
Issue notice to defendant through bailiff.
Matter is adjd on 13-03-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: Adv. Moholkar for plaintiff present.
None for defendant.
Order dtd. 30/01/2023 be complied with.
Matter is adjd on 23-06-2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-05-2023
Date: 03-05-2023
Business: PO is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Business: As court is busy in recording evidence P.H. in Suit No.5791/2007, Sessions Case No.609/2019 and Sessions Case No.1754/2019 remaining first session board is discharged.
Adv.Sushma Pandey for plaintiff present.
Matter is adj to 28/08/2023 for compliance.
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 28-08-2023
Date: 28-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Mahendra Moholkar for plaintiff present.
Bailiff filed report Exh-5.
It shows that the defendant is served on 22/06/2023.
Matter is adj to 03/10/2023 for appearance of defendant.
Next Purpose: FOR APPERANCE
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Mahendra Mohalkar for plaintiff present.
None for defendant.
Kept back.
Matter called out at 12.45pm
Adv.Mahendra Mohalkar for plaintiff present. He filed affidavit of evidence of Shri. Naville Nadir Mistry T.O.R marked as Exh-6.
Order-Read and recorded
He also filed list of document T.O.R marked as Exh-7.
Adv. for plaintiff filed evidence closing pursis T.O.R marked as Exh-8.
Heard Ld.Adv. for the plaintiff.
Matter is adj to 10/10/2023 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
kept back for judgment.
As court is busy hearing on other matters and recording evidence in Sessions Case.
Matter is adj to 11/10/2023 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 11-10-2023
Date: 11-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for plaintiff.
Suit No.1829 of 2018 is partly decreed.
F.R.S.R
Dictated and pronounced in open court.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 11-10-2023
