Mr. Arun Yashwant TikeVsNational Textile Corporation Ltd. (W.R.) +1 more

Date: 02-01-2020
Business: Adv. Mr. Amit Shukla for plaintiff present.
None for deft.
Plaint.
Vakalatnama.
Memo of address.
List of documents.
Ld. counsel for the plaintiff tenders application for issuing writ of summons.
O. - Issue writ of summons to the defendants.
The matter is adjd for affidavit of service to 12.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Adv. Vivek Singh for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks extension of writ of summons.  Granted.
The matter is adjd for affidavit of service to 22.06.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Business: Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: Due to Covid-19, the matter is adjourned to 30.01.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-01-2021

Date: 30-01-2021
Business: None present.
The matter is adjd for affidavit of service to 27.04.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned to 04.08.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: P.O is on leave. Matter adjd to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: None present.
Matter is adjd to 13.12.221 for service/ return of summons.
Next Purpose: SERVICE
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Matter pertains to C.R.No.1
N.O.B.  T.O.B.
Writ recd.from Hon\''ble High Court in Writ Petition No.6486/21 vide CIV.W.P.No.C0110359 of 2021 dt.12.11.2021. T.O.R.
Matter already adjd. To 13.12.2021.
Next Purpose: SERVICE
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: None present.
Adjd. to 09.03.2022.
Next Purpose: SERVICE
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: None for pltff.
Adv. C. S. Joshi for deft present.
On oral request of adv for deft, Matter is adjd to 29/06/2022 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: None present for plaintiff.
Adv. C.S. Joshi for defendant no.1 is present and tendered original registered NM No. 2522/22 a/w affidavit in support of NM. T.O.R.
Matter adjd to 05.11.2022 for NM reply and hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: Adv. Vivek Singh for plaintiff is present and filed reply.
Adv. C. S. Joshi for defendant No.1 is present.
Following order is passed on N/M No.2522/22-
O R D E R
1.     Perused the N/M and heard.
2.     The present N/M is taken out by defendant No.1 for seeking relief inter-alia to allow defendant No.1 to file written statement by condoning delay of 30 days caused in filing written statement.
3.     The plaintiff opposed the N/M on the ground that no proper justification given for causing delay of 30 days.
4.     It is to be seen that defendant No.1 has filed the N/M to allow it to file the written statement. In my view it is necessary to give an opportunity to the defendant to contest the suit on merit. So far the grievances of the plaintiff is concerned it can be alleviate by imposing some cost. Hence, the following order-
O R D E R
1.     Notice of Motion No.2522/2022 stands allowed and made absolute in terms of prayer clause (a) and (b) subject to cost of Rs.1,000/- paid to the plaintiff within 15 days.
2.     Needless to say payment of cost is condition precedent, failing which the order automatically stands vacated.
3.     Upon payment of cost the written statement may be taken on record.
4.     Notice of Motion stands disposed of.
5.     The plaintiff to take steps against defendant No.2.
Matter adjd. to 21/11/2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: Adv.  Hari Mangalsingh for plaintiff is present.
None present for defendant no.1.
Last chance given to defendant no.1 to comply with the order dtd.05.11.2022 passed on NM No. 2522/22.
the Ld.Adv.for plaintiff has filed an application for issuance of fresh summons to defendant no.2 t.o.r marked as Exh.7. Allowed.
The plaintiff is directed to effect service on defendant no.2 on or before next date.
Matter adjd to 17.1.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Adv.Uppadhay H/F Adv.Vivek Singh for plaintiff is present.
Adv. Chattergee H/F Adv. Joshi for defendant is present and paid cost of Rs.1000/- to the plaintiff.
Written statement filed by  defendant No.1 t.o.r. and marked as Exh.8
Matter adjd to 30.03.2023 for affidavit of service of defendant No.2
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-03-2023

Date: 30-03-2023
Business: Adv. Arun Maurya h/f Adv. Vivek Singh for plaintiff is present.
Adv. C.S. Joshi for defendant no.1 is present.
The plaintiff is directed to serve writ of summons on defendant no.2 without fail on or before next date, else appropriate order will be passed.
Matter adjd to 10.07.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-07-2023

Date: 10-07-2023
Business: None present for plaintiff.
Adv. C. Joshi for defendant No.1 is present.
Roznama reveals that on previous date last chance given to the plaintiff to serve defendant No.2 with writ of summons. It further reveals that inspite of ample opportunities, the plaintiff failed to serve writ of summons on defendant No.2. Today also none present for plaintiff when called. Hence, the suit stands dismissed against defendant No.2 for want of steps.
Matter adjd to 26.09.2023 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: None present for plaintiff.
Adv. Ankita Bagade for defendant no. 1 is present.
Issues are framed at Exh. 9.
Matter adjd to 28.11.2023 for filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-11-2023

Date: 28-11-2023
Business: None present for plaintiff.
Adv. Bhushan Joshi for defendant no. 1 is present.
Matter adjd to 07.02.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2024

Date: 07-02-2024
Business: P. O. is on official duty at Small Causes Court in 1st session.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2024

Date: 18-04-2024
Business: None present for plaintiff.
Adv. Bhushan Joshi for defendant no.1 is present.
Last chance granted to plaintiff to lead oral evidence.
Matter adjd to 04.07.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-07-2024

Date: 04-07-2024
Business: None present for plaintiff.
Adv. Pradnya Raut h/f Bhushan Joshi for defendant no.1 is present.
Last chance granted to plaintiff to lead oral  evidence, on failure order regarding dismissal of suit will be passed on next date.
Matter adjd to 21.09.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: None present for plaintiff.
Adv. Bhushan Joshi for defendant no.1 is present.
Issues are framed on 26.09.2023. Since then plaintiff did not remain present and lead oral evidence. Sufficient time is granted. From the roznama it is seen that plaintiff is not interested to proceed with the matter. Hence, suit stands dismissed for default with no order as to costs.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 21-09-2024

NOTICE OF MOTION/102522/2022

Filing Number: 108114/2019
Filing Date: 22-07-2019
First Hearing Date: 02nd January 2020
Decision Date: 21st September 2024
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE