Sean GomesVsBetty Gomes +2 more

Date: 27-07-2018
Business: Adv. for plff. present.
Deft. and his adv. absent.
KB at 2.45 p.m.
Adv. for plff. present.
Adv. Shruti Bhavasar for D/1 and 2. present.
Exh.3 V/P filed by adv. for D/1 and 2. t.o.r.
Adv. for plff. tendered registered N/M No.2587/18 alongwith supporting affd. t.o.r.
Reply on N/M No.2587/18 filed by adv. for D/1 and 2.
KB L.O.
Adv. for plff. present and submitted that he want to file rejoinder on N/M No.2587/18.
Matter is adjd. to 21.09.2018 for hearing on N/M No.2587/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2018

Date: 21-09-2018
Business: Adv Mr.Saraf for plff. present.
Adv Ms. Shruti Bhavsar deft nos.1 and  2 present.
Rest of the defts are absent.
Adv for plff filed rejoinder to the NM No. 2587/18.
Copy supplied to the deft.
On request of both the parties Matter is adjd. to 29.10.2018 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2018

Date: 29-10-2018
Business: Adv. for plff. present.
Adv. for D/1 and 2 present.
Adv. for D/1 and 2 filed sur-rejoinder to N/M No. 2587/18.
copy served to adv. of plff.
On request of Adv. for plff. Matter is adjd. to. 19.11.2018 for hearing on N/M No. 2587/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2018

Date: 19-11-2018
Business: Adv. for plff. present.
deft. and his adv. absent.
kb
L.O. at 4.00 p.m
Adv. for plff. present.
Adv. for deft. present.
On request of Adv. for plff. Matter is adjd. to. 17.01.2019 for hearing on N/M No.2587/18
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2019

Date: 17-01-2019
Business: Adv. P.G. Saraf for plff. present.
Adv. Bhavsar for D/1 and 2 present.
Adv. for plff. has filed application for issuance summons to D/3 for producing certain documents t.o.r. Te application is rejected in view that neither any notice is shown to have been issued by the plff. to the D/3 to give inspection of the documents nor to produce the same. accordingly the application Exh.4 is stands disposed off.
Plff. is at liberty to appropriate steps fro taking inspection of documents of the D/3 as per rules.
On request of Adv. for plff. Matter is adjd. to. 13.02.2019 for hearing on N/M No.2587/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2019

Date: 13-02-2019
Business: Adv. Gala for plff. present.
Adv. Ingole for D/1 and 2 present.
As court is busy in old matters, including recording evidence Suit No.2808/09. Matter is adjd. to. 25.03.2019 for hearing on N/M No.2587/18
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2019

Date: 25-03-2019
Business: Adv. for plff. present.
Adv. for D/1 and 2 present and has Exh.5 and Exh.6 filed W/S on behalf of D/1. She has also filed pursis on behalf of D/2 to content that the D/2 is adopting the W/S of D/1. The said statement is recorded. Copy supplied to adv. of plff.
On request of Adv. for plff. Matter is adjd. to. 24.04.2019 for hearing on N/M No.2587/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: PO IS ON LEAVE
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2019

Date: 27-06-2019
Business: Advocate Mr. B. S. Saraf for Plaintiff present
Advocate Mr. Bhaskar for Defendant no.1 and 2 present
Court is busy in hearing Chamber Summons in suit no.9070/95 as well as court has to hear NM in suit stamp no.6535/19, hence case is adjourned to 18/09/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: Advocate Rohan Bansal for Plaintiff present and filed registered Chamber Summons no.1009/2019 with affidavit in support, t.o.r.
Advocate Shruti Bhavsar for Defendant no.1 and 2 present and sought time to file reply to Chamber Summons.  Considering submissions adjourned.
Case is adjourned to 05/11/2019 for Chamber Summons reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: Advocate Pimple Gala for Plaintiff present
Advocate Shruti Bhavsar for Defendant no.1 and 2 present and filed reply to Chamber Summons no.1009/19, t.o.r. Copy served to advocate for Plaintiff.
Case is adjourned to 06/01/2020 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: None present for Plaintiff.
Advocate Ms. Pranali Dikshit for Defendant no.1 and 2 present
Case is adjourned to 13/03/2020 for Chamber Summons for hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Adv. Miss Dixit defendant no. 1 and 3 present.
Adv. Dimpal Gala for plaintiff present an sought adjd for chamber summons hearing. Considering submission adjd for chamber summons hearing.
Case is adjourned to 22.06.2020 for chamber summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Business: Matter is adjd. to 19.08.2020
Next Purpose: C/S  HEARING
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: C/S  HEARING
Next Hearing Date: 22-10-2020

Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: C/S  HEARING
Next Hearing Date: 22-10-2020

Date: 19-08-2020
Business: Due to covid-19 pandemic and lockdown
Next Purpose: C/S  HEARING
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 25.01.2021 for Ch/summons hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 25-01-2021

Date: 22-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 25.01.2021 for Ch/summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-01-2021

Date: 22-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 25.01.2021 for Ch/summons hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: Adv Mr. Saraf for plff. present.
None present for deft.
As nobody is present for deft, considering present pandemic condition, matter is adjd. for NM hearing to 07.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: None present for both the parties.
Considering the present Pandemic Condition, matter is adjourned at same stage to 28/06/2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2021

Date: 28-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2021

Date: 23-08-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: None present for both the parties.
AS nobody is present for both parties, pending ch/s and NM be kept for dismissal order on next date.
Matter is adjd. for CS and NM dismissal order to  07.01.2022.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: None present for both parties.
Considering the present pandemic condition, matter is adjd. at same stage till next date.
Matter is adjd. for Ch/s and NM dismissal order to 16.03.2022.
Judge
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 16-03-2022

Date: 07-01-2022
Business: None present for both parties.
Considering the present pandemic condition, matter is adjd. at same stage till next date.
Matter is adjd. for Ch/s and NM dismissal order to 16.03.2022.
Judge
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: None present for plff.
Adv Ms. Bhavsar present for deft. Nos.1 and 2.
Roznama shows that nobody has attended the matter for and on behalf of the plff since last many days. There is no propriety to keep the matter pending any further at same stage in absence of the plaintiff hence, Ch/s No.1009/2019 and NM No.2587/2018 taken out by the plaintiff are dismissed in default for want of prosecution.
Matter is adjd. for draft issues to 20.06.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: None present for both sides.
Matter adjd to 28.07.2022 for framing of issues.
Judge
LO at 01.30 pm
Adv.Shruti Bhavsar i/b.Sean Wassoodew for deft.No.1 and 2 present.
Matter adjd to 28.07.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: None present platintiff.
Adv. Rupesh Mandhare i/b Sean wasudev for def. no. 1 & 2 present.
Matter adjd to 30/09/2022 for charge
Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: None present for both sides.
KB for issues.
LO at 12.30 pm
Adv.Tanmay Karmarkar i/b.i/b.Sean Wassoodew for deft.No.1 and 2 present.
Issues are framed at Exh.7.
Matter adjd to 09.12.2022 for plaintiff\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: None present for both sides.
Plaintiff to note that issues are already framed. Today, case is for evidence. No evidence is adduced. Last chance granted to the plaintiff.
Matter adj. to 16.02.2023 for plaintiffs evidence/order.
Judge
LO at 12.20 pm
Adv.Tanmay i/b.Adv.Wasoodew for deft. present.
Matter adj. to 16.02.2023 for plaintiffs evidence/order.
Judge
LO at 03.20 pm
Plaintiff present.
Matter adj. to 16.02.2023 for plaintiffs evidence/order.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: None present for both sides. No evidence is adduced.
Matter adjd to 26.04.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: None present for plaintiff and defendant.
Kept back.
Later on at 4.37 p.m.
Due to paucity of time, matter adj. to 21.06.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: None for plaintiff.
None for defendant.
Matter is adjd.to 18-08-2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: Adv.  Samiksha Gopale  for plaintiff present.
Adv. Tanmay Karmakar for defendants no. 1 and 2  present.
KB LO
Adv. Bhalchandra Saraf for plaintiff present.
The Ld. Counsel for  plaitiff would make submit that on next date he would call the palintiff to withdraw the suit. Hence, the matter for adjourned for withdraw the suit.
Matter is adjd.to 25-08-2023 for withdrawal of the suit.
Next Purpose: WITHDRAWAL
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: Adv. B. G. Saral a/w Suyash Kalblor for plaintiff present.
Adv. Tanmay Karmarkar for defendant no. 1 and 2 present.
Matter is adjd.to   30-08-2023 for Withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: Court is on leave.
Next Purpose: WITHDRAWAL
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: Adv. Samiksha Gopale  for plaintiff present.
Adv. Vinit Sawat for defendant present.
Matter is adjd.to 13-09-2023 for say on Exh. 9
Next Purpose: FILING SAY
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Adv. Shamiksha Gopale h/f Adv. Saraf for plaintiff present.
Adv. Tanmay Karmalkar for defendants no. 1 and 2 present and filed reply on Exh. 9 t.o.r. marked as Exh.10
Adv. Shamiksha Gopale h/f Adv. Saraf for plaintiff present and received copy of Exh.10
Matter is adjd.to 10-10-2023 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: Adv. Samiksha Gopale for plaintiff present.
Adv. Tanmay Karmalkar for defendants no. 1 and 2 present.
On request of the Ld. Counsel for  plaintiff, matter kept back till 12.30 pm for hearing.
LO
Adv. D. G. Saraf for plaintiff present.
Adv. Tanmay Karmalkar for defendants no. 1 and 2 present.
Heard the The Ld. Counsel for  plaintiff and also for the defendant from the application Exh. 09 , which is for withdrawal of the suit with permission to file fresh suit.
Matter is adjd.to   18-10-2023 for Order.
Next Purpose: ORDER
Next Hearing Date: 18-10-2023

Date: 18-10-2023
Business: Adv. Samiksha Gopale a/w Adv. Suyash Kalbhor h/f Adv. Bhalchandra Saraf for plaintiff present.
Adv. Ashna Shah for defendants no. 1 and 2 present.
Kb
later on 1.20 pm.
as court is busy hence for want of time Matter is adjd.to   26-10-2023 for order
Next Purpose: ORDER
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: Adv. Samiksha Gopale  for plaintiff present.
Adv. Tanmay Karmarkar for defendants no. 1 and 2 present.
LO
None for plaintiff.
Adv. Tanmay Karmarkar for defendants no. 1 and 2 present.
F. R.S.R. following order passed on Exh. 9-
                                 ORDER
1. Application Exh. 9 is rejected.
Matter is adjd.to 19-12-2023 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: Adv. Samiksha Gopale  for plaintiff present.
Adv. Ashna Shah for defendants no. 1 and 2 present.
Matter is adjourned to 08-01-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-01-2024

Date: 08-01-2024
Business: Adv. Samiksha Gopale for plaintiff present.
Adv. Ashna Shah  for defendants no. 1 and 2 present.
The Ld. Counsel for  plaintiff would make submission that the plaintiff being in the service as a Merchant Navy. He is unable to attend the matter today and the plaintiff intends to withdraw the suit unconditionally by next date. The matter stands adjourned.
Matter is adjourned to 20-02-2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-02-2024

Date: 20-02-2024
Business: None for plaintiff.
Adv. Ashna Shah  for defendant no. 1 and 2 present.
From the perusal of the record it is apparent that the plaintiff do not intend to prosecute the suit against the defendants . Hence, I do not see any justification to keep the matter is pending any more unnecessary. Hence, the suit is dismissed for want of the prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 20-02-2024

CHAMBER SUMMONS/101009/2019
NOTICE OF MOTION/102587/2018

Registration Number: 101656/2018
Transfer Date: 11-04-2019
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101656/2018
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 108817/2018
Filing Date: 03-07-2018
First Hearing Date: 27th July 2018
Decision Date: 20th February 2024
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE