Jagdamba TransportVsRam Bhagatram Gangvani

Date: 26-09-2019
Business: None present.
Issue writ of summons to the defendant
Adjourned for affidavit of service of writ of summons to 15.11.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: None present on behalf of Plaintiff.
Plaintiff has not filed affidavit of service in respect of service of writ of summons to defendant.  Last chance is granted to the plaintiff.
Adjourned for affidavit of service of writ of summons to 3.1.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: None present on behalf of plaintiff.
Plaintiff failed to file the affidavit of service.  Last chance was granted.  Put the case for dismissal order.
The matter is adjd for dismissal to 26.02.2020.
Next Purpose: DISMISSAL
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: None present.
Matter is for dismissal order.  Adjourned for dismissal order.
The matter is adjd for dismissal to 23.04.2020.
Next Purpose: DISMISSAL
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DISMISSAL
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: DISMISSAL
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Business: Due to Covid-19, the matter is adjourned to 22.02.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: None present.
The matter is adjd for dismissal to 07.04.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: In view of the office order no.73/21 dated 06.04.2021, only moderate numbers of matters are kept on board.  This matter is not in the same list hence, adjd for dismissal to 23.06.2021
Next Purpose: DISMISSAL
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 02.07.2021 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 19.07.2021 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
Next Purpose: DISMISSAL
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
The matter is adjd to 17.08.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: None present.
The matter is adjd for dismissal to 11.10.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: None present.
The matter is adjd for dismissal order to 28.10.2021.
Next Purpose: DISMISSAL
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: None present.
          Perused the proceeding sheet and plaint.
2.     Suit was initially registered as a Short Cause Suit. Thereafter, it was transferred to the Commercial Court treating the dispute as a commercial dispute.
3.    Section 12 of the Commercial Courts Act, 2015 makes a provision for determination of specified value. As per section 12 (1)(b) of the Commercial Courts Act, 2015, where the relief sought in a suit or application relates to movable property or to a right therein, the market value of the movable property as on the date of the filing suit, appeal or application, as the case may be, shall be taken into account for determining such specified value.
4.         Suit is filed for declaration that defendant firm has no right to claim possession of goods.  Plaintiff also prayed for injunction restraining defendant from interfering with his possession of goods.  Value of the goods is not mentioned in the plaint.  Plaintiff has valued the suit for Rs.1,000/-.  There is no material on record to show that specified value of the suit is Rs.3,00,000/- or above Rs.3,00,000/-.  As per section 6 of the Commercial Courts Act, the Commercial Court shall have jurisdiction to try all suits and application relating to a commercial dispute of a specified value.  Present dispute is not a commercial dispute of a specified value as mentioned in section 2(1)(i) of the Commercial Courts Act and therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
Matter is adjd for compliance of above order to 18.11.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Court is on leave. Hence, board discharge.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: None present.
Matter stands adjourned to 27.04.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: None present.
Matter stands adjourned to 21.07.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: None present.
Matter stands adjourned to 22.09.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-09-2022

Date: 22-09-2022
Business: None present.
Matter stands adjourned to 01.12.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: None present.
Issue notice of appearance to the plaintiff through bailiff/RPAD.
Matter stands adjourned to 18.02.2023 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: None present.
Matter stands adjourned on 29.04.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: None present.
K.B.
Later on at 1.30 p.m.
As per bailiff report (Exh-05), plaintiff premises is shifted to other place. Since, long plaintiff is not present.
It appears that the plaintiff is not interested in proceeding with the suit, hence suit is dismissed in default.
S. C. Suit No.2174/2021 is disposed off accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 29-04-2023

Registration Number: 102174/2021
Transfer Date: 21-05-2021
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 31 - COURT 31  ADDL SESSIONS JUDGE

Registration Number: 102174/2021
Transfer Date: 17-07-2021
From Court: 31 - COURT 31  ADDL SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Registration Number: 102174/2021
Transfer Date: 12-11-2021
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Filing Number: 109597/2019
Filing Date: 29-08-2019
First Hearing Date: 26th September 2019
Decision Date: 29th April 2023
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE