Adinath Book SalesVsVirendra Gupta

Date: 04-12-2019
Business: HHJ is on Training at Uttan
Matter is adjd to 18/01/2020 for Report
Next Purpose: REPORT
Next Hearing Date: 18-01-2020

Date: 18-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Shetty For plff. Present.
Adv. For deft. Absent.
Adv. For the plff. Short date
Matter is adjd to 11.03.2020 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Ayushi Doshi for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 30.03.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 17.03.2021 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Yash Jain I/b  for the plff. present.
Adv. For the plff. filed affidavit of service. t.o.r. marked as Exh-5
Order - seen and filed.
Service not proper.
Matter is adjd to 21.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 13/07/2021 for Service
Next Purpose: SERVICE
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 08.09.2021 for Service..
Next Purpose: SERVICE
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: Court is vacant
Next Purpose: SERVICE
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Court is vacant
Next Purpose: SERVICE
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Business: None present.
Matter is adjd for  service  on 19-04-2022
Next Purpose: SERVICE
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: P.O. is on Trining
Next Purpose: SERVICE
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Adv. Santosh Salekar i/b. Halai and Co. for Plaintiff present.
None for Defendant.
Ld. Advocate for plaintiff seeks some time to take proper steps to serve the defendant.  Time is granted.
Matter adjourned to 30.09.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: None for Plaintiff.
No service affidavit filed.
No steps taken.  Matter adjourned for dismissal order on 05.11.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: Adv.Aditi Anand I/b  Halai and company for plaintiff present.   She submits that as plaintiff is out of station, she could not take instructions from him to proceed with the matter.  She seeks last chance to take proper steps.
By detailed order dated 05/08/2022 already, at the request of advocate for plaintiff, time was granted to take steps.  However no steps were taken.  On the contrary plaintiff and his advocate absent on next date i.e. 30/09/2022.  This shows causal approach of the plaintiff.  However still interest of the justice last opportunities,  matter is adj. subject to cost of Rs.2,500/- (Rupees Two Thousand Five Hundred only) cost to DLSA.
Matter is adj to 06/01/2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-01-2023

Date: 06-01-2023
Business: Adv.Santosh Salekar i/b Halai and Company for plaintiff present.
Kept back.
Later on at 4.15pm
Adv.Santosh Salekar i/b Halai and Company for plaintiff present.   He filed application for issuance of writ of summons through Bailiff. (Exh-2)
Ld.Adv. for plaintiff submits that summons sent to the defendant thorough RPAD has returned with the endorsement unclaimed.  Therefore, he seeks issuance of summons through Bailiff.
In view of the submission issue writ of summons through Bailiff as well as through RPAD simultaneously.
Matter is adj to 10/03/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
None for plaintiff.
No affidavit of service is filed.
Matter is adj to 03/05/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
As court is busy in dictating judgment in Sessions Case No.571 of 2020 and Suit No.8098 of 2001, remaining first session board is discharged. Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Adv.Santosh Salekar i/b M/s. Halai and Company for plaintiff present.
Matter is adj to 18/08/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
As court is busy in hearing arguments in Suit no.156/23, 417/23, 319/21, 322/22  remaining morning session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 02.11.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-11-2023

Date: 02-11-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and his advocate are absent.
It is not appearing that the writ of summons is served on the defendant. The plaintiff failed to file serve the service affidavit.
Matter is adj to 02.12.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 02-12-2023

Date: 02-12-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Ajit Shinde for plaintiff is present and filed affidavit of service along with the postal article having postal endorsement unclaimed. Taken on record. It is marked as Exh-3.
Order below Exh-1
On perusal of said postal article, it is appearing that there is postal endorsement unclaimed on it. The said postal article suggests that intimation was dropped by the postman for the addressee. It suggest that the postman had visited the address of addressee only once on 21.02.2023. It is not appearing that the postman had made again attempt to serve it on the addressee. Therefore, it cannot be presume that the writ of summons is duly served on the defendant/addressee.
The plaintiff to take steps to serve the writ of summons through the bailiff.  In view of the request of the plaintiffs counsel, issue fresh writ of summons to the defendant for serving it through the bailiff. The plaintiff to lodge the writ of summons with the office within 10 days.
Matter is adj to 25.03.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-03-2024

Date: 25-03-2024
Business: HOLIDAY
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Aditi Anand for plaintiff is present and filed an application for extension of time to lodge the writ of summons to the defendant. Taken on record. It is marked as Exh-4. O-Perused record. Already plaintiff was given time to lodge writ of summons within 10 days on 02.12.2023. It appears that plaintiff has failed to comply the said direction. However, considering the reason in the application, time is extended as a last chance, subject to costs of Rs.1,000/- to be paid to the DLSA within a week and summons to be lodge within 10 days.
Matter is adj to 07.08.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-08-2024

Date: 07-08-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff is given last chance to file affidavit of service.
Matter is adj to 27.09.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-09-2024

Date: 27-09-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff is given last chance to file affidavit of service.
Matter is adj to 17.12.2024 for filing affidavit of service.
Adv. Ajit Shinde for plaintiff is present and filed affidavit of service. Taken on record. It is marked as Exh-5.
Matter is adj to 17.12.2024 for Order on Affidavit of service at Exh-5.
Next Purpose: ORDER
Next Hearing Date: 17-12-2024

Date: 17-12-2024
Business: Both parties and their advocate are absent.
             Order below Exh.01
Perused affidavit of service at Exh.05.  It appears writ of summons sent to the defendant by registered post is returned with remark, \" Intimation Post\" on 26.07.2024 and returned as \"Unclaimed\".  Thus, it appears that defendant has avoided the service of writ of summons.  The unclaimed is a good service.  Defendant failed to appear in the matter. Hence, matter be proceeded ex-parte against the defendant.
Matter is adj to 19.03.2025 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-03-2025

Date: 19-03-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 28.04.2025 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-04-2025

Date: 28-04-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 09.07.2025 for ex-parte evidence.
Later on at 1.28 pm
Adv. Yash Jain for plaintiff is present through video conferencing
Matter is adj to 09.07.2025 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-07-2025

Date: 09-07-2025
Business: P.O.IS LEAVE
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-08-2025

Date: 28-08-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Nandita Nair i/b Halai and Co. for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 08.10.2025 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-10-2025

Date: 08-10-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff is given last chance to file ex-parte evidence.
Matter is adj to 24.11.2025 for filing ex-parte evidence.
Later on at 12.13 pm
Adv. Aishwarya Parab i/b M/s Halai and Co. for plaintiff is present.
Matter is adj to 24.11.2025 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-11-2025

Date: 24-11-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Yash Jain i/b Halai and Co. for plaintiff is present through video conference  and requested for adjournment. Adjournment is granted.
Matter is adj to 18.12.2025 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-12-2025

Date: 18-12-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Plaintiff is given last chance to file ex-parte evidence.
Matter is adj to 24/02/2025 for ex-parte evidence.
Later on at 11.16 pm
Adv. Devyani for plaintiff is present.
Matter is adj to 24/02/2026 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-02-2026

Date: 24-02-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Damji Nisar, Age-63 years, Business, Mumbai-1,  Plaintiff in person is present and admitted contents of evidence in affidavit and identified his signature.
Adv. Nandita Nair i/b Halai and Co. for plaintiff is present and filed Evidence affidavit and list of documents along with documents. Taken on record. They are marked as Exh-6  and 7 respectively.
Matter is adj to 26.03.2026 for hearing on exhibiting documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 26-03-2026

Date: 26-03-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff and Adv. absent.
Matter is adj to 22-04-2026 for Hearing on Exhibiting Documents.
                                                                                              Judge
Next Purpose: HEARING
Next Hearing Date: 22-04-2026

Date: 22-04-2026
Business: Adv. Nandita Nair i/b M/s Halai and Co. for plaintiff is present.
Kept back
Later on 12.25pm.
Adv. Nandita Nair i/b M/s Halai and Co. for plaintiff is present.
Heard plaintiff on exhibiting documents.
Matter is adj to 19-06-2026 for marking the documents.
Next Purpose: FOR___________________
Next Hearing Date: 19-06-2026

Date: 19-06-2026
Business: Adv. Nandita Nair i/b Halai and Co for plaintiff is present.
Perused documents filed by the plaintiff. Documents at Sr.No.1,4 to 12 and 18 are office copies, documents at Sr No. 19, 20,22 and 24 are originals. Hence, these documents are marked as exhibits.
    So far as documents at Sr.No.2,3, 21 and 23 does not bear signature , documents at Sr.No. 13 to 17 are print outs of bank statement. However, it not supported by requisite certificate. Hence, these documents can not be marked as exhibit.
Exh.8- Office copy of invoice dated 02-05-2018.
Exh.09-Office copy of invoice dated 10-05-2018.
Exh.10-Office copy of invoice dated 15-05-2018.
Exh.11-Office copy of invoice dated 17-05-2018.
Exh.12-Office copy of invoice dated 26-05-2018.
Exg.13-Office copy of invoice dated 04-06-2018.
Exh.14-Carbon copy of transport receipt dated 15-05-2018.
Exh.15-Carbon copy of transport receipt dated 17-05-2018.
Exh.16-Carbon copy of transport receipt dated 26-05-2018.
Exh.17-Carbon copy of transport receipt dated 04-06-2018.
Exh.18 colly-Office copy of legal notice dated 08-02-2029 along with original postal receipts and A.D. Card.
Exh.19- Original A.D. Card.
Exh.20- Original A D Card.
Matter is adj to 22-07-2026 for further evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-07-2026

Date: 22-07-2026
Business: Matter received from C.R.81 as per order dated  29-06-2026.
Plaintiff absent. Adv. Nandita Nair i/b Halai and co. for plaintiff present and submitted that time required for further evidence.
O- Time granted.
Matter adjourned to 09-09-2026 for further evidence.
                                                                                                  Judge
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-09-2026

Date: 09-09-2026
Business: Plaintiff absent. Adv. Nandita Nair i/b Halai and co. for plaintiff present and sought time further evidence. It appear that already document marked on 19.06.2026, on 22.07.2026 same request was made and on oral request time granted. Today matter was for further evidence. The suit is of 2019, oral request rejected and keep for further order.
Later on at 1.02 p.m.
Plaintiff Advocate moved application for adjournment TOR and marked as Exh.21 O- Old matter last chance granted.
Matter adjourned to 12.10.2026 for recording further evidence.
                                                                                                  Judge
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-10-2026

Registration Number: 100960/2019
Transfer Date: 16-11-2019
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100960/2019
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100960/2019
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Registration Number: 100960/2019
Transfer Date: 07-07-2026
From Court: 81 - COURT 81 ADDL. SESSIONS JUDGE
To Court: 82 - Court 82 Adhoc and Addl Sessions Judge

Filing Number: 109627/2019
Filing Date: 30-08-2019
First Hearing Date: 04th December 2019
Court Number And Judge: 82-Court 82 Adhoc and Addl Sessions Judge