Date: 07-01-2020
Business: Plaintiff absent.
Defendant present.
Adv.for plaintiff absent.
Adv.for defendant absent
plaintiff absent and failed to tender affidavit in service.
Matter adjd to 13.04.2020 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Business: adjd to 14.07.2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-07-2020
Date: 20-07-2020
Date: 24-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-09-2020
Date: 22-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 15.9.2020 and office order no.128 dtd.19/9/2020 of this Court, Courts shall attend the duties in two shift w.e.f. 21/9/2020
Matter adjd to 19/10/2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 12/11/2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 07.12.2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Adv.Jeetendra Ranawat for plaintiff present.
Adv. for plaintiff fail to file affidavit of service/fail to take steps.
Matter adjd to 04.01.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: Adv.Mr.Jeetendra Ranawat for plaintiff present.
None present for defendant.
Affidavit of service filed by Adv.of plaintiff t.o.r.
Defendant serve. Absent. Matter adjourned for appearance of defendant on 18.01.2021.
Next Purpose: FOR APPERANCE
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv.Jeetendra Ranawat for plaintiff present.
None present for defendant.
Defendant though served had failed to appear in the suit. Suit to proceed ex-parte against him.
Matter adjd to 05.02.2021 for filing evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 01.03.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv.Jeetendra Ranawat for plaintiff present.
None present for defendant.
Ld.Adv. for the plaintiff seeks time to file evidence. Time granted as last chance.
Matter adjd to 22.03.2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv.Ken Misquitta h/f.Adv.Jeetendra Ranawat for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application, Exh.3 for bringing LR\''s on record t.o.r. O-Put up for argument.
Matter adjd to 03.04.2021 for argument on Exh.3.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Adv.Ken Misquitta h/f. Adv.Jeetendra Ranawat for plaintiff present.
None present for defendant.
KB
LO
Adv.Jeetendra Ranawat for plaintiff present.
Heard Adv.Mr.Ranawat on application Exh.3.
Matter adjd to 17.04.2021 for order on application Exh.3.
Next Purpose: ORDER
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 22.04.2021
Next Purpose: ORDER
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 15.06.2021 for order on Exh.03.
Next Purpose: ORDER
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 22.06.2021 for argument on Exh.3.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: Adv.Ken Misquitta for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application, Exh.4 to bring the Legal Heirs on record t.o.r
O-The defendant is reported to be dead. The date of death is reported as 06.08.2020. There is delay, hence, issue notices to the proposed LR\''s.
Due to rise in Covid cases, matter adjd to 30.07.2021 for return of notices of proposed legal heirs.
Next Purpose: REPORT OF NOTICE
Next Hearing Date: 30-07-2021
Date: 30-07-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT OF NOTICE
Next Hearing Date: 11-08-2021
Date: 11-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.05 pm
Adv.Ken Misquitta h/f.Adv.Jeetendra Ranawat for plaintiff present.
On 29.06.2021, notices were ordered to be issues on the proposed legal heirs. However, there is no report of notice. The plaintiff to get it served by RPAD and file service affidavit.
Matter adjd to 09.09.2021 for service affidavit.
Next Purpose: SERVICE
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv.Ken Misquita h/f.Adv.Jeetendra Ranawat for plaintiff present.
None present for defendant.
The plaintiff submits that he wants to file application under Order 22 Rule 4 of CPC claiming exemption from bringing legal heirs on record.
Matter adjd to 26.10.2021 for filing application under O-22, R-4.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. Jeetendra Ranawat for plaintiff present.
None present for plaintiff.
Heard to the advocate for the plaintiff.
Matter adjd to 25.11.2021 for Orders.
Next Purpose: ORDER
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.58 pm,
Adv.Sandeep Kumbhar h/f.Adv.Jeetendra Ranawat for plaintiff present.
As Court is busy in dictating judgment in Comm.SU No.100/2019. Hence, matter adjd to 18.12.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Adv.Kumbhar h/f.Adv.Jeetendra Ranawat for plaintiff present.
None present for defendant.
PO is nominated for online special programme for Commercial Court on Arbitration, hence, adjourned.
Matter adjd to 14.01.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: None present for plaintiff.
None present for defendant.kept back.
Later on at 3.00 p.m.
F.R.S.R following order on Exh. 4 is passed : ORDER 1. Application- Exhibit -4 is allowed.
2. The plaintiff is allowed to bring legal heirs of deceased defendant on record. 3. The plaintiff to carry out the amendment and serve the suit summons on the legal heirs of deceased defendant.
Matter adjd to 15.02.2022 for compliance.
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv.Jeetendra Ranawat for plaintiff present.
None present for defendant.
Plaintiff filed application for service of suit summons on the newly added defendant Nos.1A to 1D t.o.r. and marked as Exh.5.
O-Issue suit summons to the newly added defendant Nos.1A to 1D.
Matter adjd to 28.03.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv.Ken Misquitta h/f.Adv.Jeetendra Ranawat for plaintiff present.
None present for defendant.
The plaintiff filed service affidavit a/w. acknowledgment card, three returned packets and writ of summons t.o.r. and marked as Exh.6 (colly.).
Defendant No.1C is served. She is absent. Rest of the defendants are unserved.
Matter adjd to 18.04.2022 for order against 1C and steps in respect of 1A, B and D.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: None present for plaintiff.
None present for defendant.
ORDER BELOW EXH.1
Read the service affidavit Exh.6, acknowledgment card attached thereto. Defendant No.1C is served with the suit summons. She failed to appear. Suit to proceed ex-parte against defendant No.1C.
Matter adjd to 14.06.2022 for steps against defendant No.1A,1B,1D.
Judge
LO at 12.05 pm,
Adv.Ken Misquitta h/f.Adv.Jeetendra Ranawat for plaintiff present.
Matter adjd to 14.06.2022 for steps against defendant No.1A,1B,1D.
Judge
LO at 03.00 pm,
Adv.Ken Misquitta h/f.Adv.Jeetendra Ranawat for plaintiff present. He tendered application for substitute service t.o.r. and marked as Exh.7.
KB for order on Exh.7.
LO at 05.40 pm
Order on Exh.7-Read the service affidavit Exh.6. In respect of defendant No.1B, there is endorsement that the service is not claimed. Hence, fresh summons in regard to defendant No.1B shall be issued by RPAD. Summons in regard to defendant No.1A and 1D is returned as no such person was found. Hence, fresh summons in regard to defendant No.1A and 1D shall be issued by RPAD. Application Exh.7 is disposed of accordingly.
Matter adjd to 14.06.2022 for steps against defendant No.1A,1B,1D.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: Adv Jitendra Ranawat present for plaintiff.
None present for defendant.
Adv of plff seeks time for steps against deft Nos.1(a),1(b) and 1(d).
Matter adjd to 16.07.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-07-2022
Date: 16-07-2022
Business: Adv. Ken Misquitta Present for Plff.
None Present for Deft.
Adv of plff seeks time for taking steps against deft no.1A, 1B, 1D.
Adj. For Steps against deft on 12/08/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Adv. Ken Misquitta Present for Plff.
None Present for Deft.
Adv of plff seeks time to file service affidavit. Granted.
Adj. For steps against deft no.1 (a)(b)(d) and Service affidavit on 08/09/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Adv. Jitendra Ranawat Present for Plff.
None Present for Deft.
Ex.18- Adv of plff has filed service affidavit in respect of deft no.1 (a,b,d) along with RPAD envelops. It shows that postal envelops returned with remark “Not claimed returned to sender”. Defts are not served with suit summons.
Adj. For Steps against Deft no.1 (a,b,d) on 01/10/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: Adv. Jitendra Ranawat present for plff and seeks time for taking steps. Granted.
None present for deft.
Adj. For Steps on 18/10/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: Adv. Ken Misquitta Present for Plff.
None Present for Deft.
Adv of plff filed draft CS along with affidavit for substitute service of suit summons on deft by way of publication in newspaper. Record shows that previously suit summons were sent to the deft no.1(a) to 1(d) through RPAD but it returned with postal remark “ no such person found on address” . Thus, Chamber Summons for substitute service is allowed as under.
1. Suit summons be served on defendant no.1(a) to defendant No.1(d) by way of publication in English and Marathi newspaper published from Nashik District because deft no.1(a) to 1(d) are resident of Nashik district.
2. Simultaneously plaintiff shall serve suit summons on defendant no.1(a) to No.1(d) by Email to the deft no.1(a) to deft No.1(d).
3. Chamber summons be registered for statistical purposes.
Adj. For Service affidavit on 28/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Adv. Nitin B. Thakur h/f Adv. Jeetendra Ranawat Present for Plff.
None Present for Deft.
Ex.10 - Adv of plff has filed service affidavit along with copy of newspaper Pudhari and Deshdut dt.25/11/2022 published on Nashik. He also filed copy of Email to show that the advocate of plff from his personal emild ID sent Email to deft. However email through personal ID is not admissible hence email service is not proper.
Adv of plff prayed for issuing fresh email summons through department of this Court. Issue fresh writ of summons as prayed by Email though Department of this Court subject to filing affidavit
i) electronic mail address of deft given by him is correct to the best of his knowledge. ii) In correspondences prior to the filing of the case the defendant has accepted and responded to communication at that email address.
Adj. For Service affidavit in respect of email on 17/12/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: Adv.Nitin Thakur h/f Adv. Jitendra Ranawat Present for Plff.
None Present for Deft.
Exh.20. Adv of plff has filed service affidavit along with email print out dt.14/12/2022. It shows that defts is not served with suit summons as the Email ID does not exists.
Adj. For Steps on 21/01/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Adv. Nitin B. Thakur h/f Adv. Jeetendra Ranawat Present for Plff.
None Present for Deft.
Adv of plff seeks time for taking steps.
Adj. For Steps on 04/02/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-02-2023
Date: 04-02-2023
Business: Adv. Jeetendra Ranawat Present for Plff.
None Present for Deft.
As per service affidavit Exh.20 the summons was sent on three email ID of defts out of those three email ID, defts received email on two email ID on 14/12/2022. However defts did not appear. Hence suit be proceeded ex-parte against them.
Adj. For Ex-parte evidence on 06/03/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Adv. Nitin Thakur i/b Adv.J. Ranawat of plaintiff present.
None present for defendant.
Adv.of plaintiff seeks adjournment for adducing evidence. Granted.
Case adjd for ex-parte evidence to 24.03.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: Adv. Ken Misquitta for Plaintiff present.
None present for defendant.
Exh.21 Chief-examination of PW-1 Chandrakant Harikishandas Tirthani.
PW-1 present. Oath given to him.
Advocate of plaintiff seeks time for filing original documents.
Case adjourned for filing documents to 15/04/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: Adv. Niteen Thakur I/b Jeetendra Ranawat Present for Plff.
None Present for Deft.
Exh.22 - adv of plff has filed list of document.
F.R.S.R. following order passed on the point of marking of documents.
Exh.23(colly) Invoice dt. 15/02/2014, 25/02/2014, 23/04/2014, 07/05/2014, 24/05/2014, 13/06/2014, 08/07/2014 and 16/08/2014.
Exh.24 - Notarize affidavit of Shri Dilip M. Gangurde.
Exh.25 (colly) - Office copy of demand notice with speed post acknowledgement
Exh.26- Reply Notice dt. 01/12/2018.
Suit is ex-parte, hence, no cross.
Re-examination
Exh.27- Evidence closure pursis filed by adv of plff.
Adj. For Argument on 02/05/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-05-2023
Date: 02-05-2023
Business: Adv. Jitendra Ranawat Present for Plff.
Deft no.1(c) present.
Deft no.1 (c) has filed application for adjournment on the ground that she want to engage legal aid advocate. Record shows that legal representative of deceased deft no.1 brought on record on 25/01/2022. They served with suit summons but remained absent. Hence suit proceeded ex-parte against them. Plff adduced evidence and today matter is for final argument. At this stage deft no.1 (c) has filed this application. As such to have an opportunity adjournment granted as a last chance.
Adj. For Argument on 07/06/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-06-2023
Date: 07-06-2023
Business: 07.06.2023
04
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C.R.NO. 32)
Comm Suit 227/2019
Adv. Nitin Thakur I/b Jeetendra Ranawat for plaintiff present.
None present for defendant No. 1 (c).
K.B.
L.O.at 12.30 pm
None present for both parties.
L.O.at 01.05 pm
Defendant no. 1 (c) present.
Adjd. to 27/06/2023 for arguments.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 27-06-2023
Date: 27-06-2023
Business: 27.06.2023
5
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 227/2019
Adv. Nitin Thakur i/b Adv. Ranawat for plaintiff present.
K.B. for filing Vakalatnama on behalf of defendant.
L.O.at 3.15pm
Same appearance.
Adv. Manasi Bhadhavdekar for defendant no.1(a,b,c,d) present.
She presented vakalatnama on behalf of defendant.
Adv. of plaintiff seeks time for filing consent terms.
Order- Time Granted as prayed for.
Adjd. to 11/07/2023 for filing consent terms.
Judge
Next Purpose: CONSENT TERM
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: Adv. Jitendra Ranawat for plff present.
On his oral request, keep back for filing of consent terms.
KB LO at 1.20 pm.
Adv. Jitendra Ranawat for plff present.
Adv. Manasi Bandivdekar for deft no. 1(a) (b) (c) & (d) present.
Plaintiff present.
Defendant no. 1 (a) & (b) present.
Exh. 29- Consent Terms filed by the parties alongwith authority letter given by deft no. 1 (c) and 1 (d).
The contents of consent terms verified from the parties who are present in the court today. Their identities verified from their respective counsels. The Consent Terms read and recorded.
Order below Exh.1
1. Suit is hereby disposed off as settled amicably between the parties.
2. Consent Decree be drawn up accordingly.
3. Court fees be refunded as per rules.
4. Proceeding is hereby closed.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 11-07-2023