Date: 27-09-2021
Business: Adv. Archit Virmani for plaintiff present.
None for defendant
Considering, order dtd. 17-03-2020, matter is adjourned for compliance of directions in presence of both sides.
Sealed envelope is not available with the proceeding.
Matter is adjd.to 29-10-2021 for compliance(2.45pm)
Next Purpose: COMPLIANCE
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv. Arvind Giriraj for plaintiff present and filed draft C/S with supporting affidavit t.o.r. and Leave is granted to register the C/S. He also filed application seeking direction to produce sealed enveloped containing commissioners report t.o.r. and marked as Exh.4 - other side to say.
Adv. Arvind Giriraj for plaintiff filed affidavit of service with original writ of summons and five acknowledgments and one closed envelop t.o.r. marked as Exh.5
Defendant no. 5 is present.
Draft C/S copy and Exh. 4 supplied to defendant no. 5.
Matter is adjd.to 17-12-2021 for Filing registered C/S and
reply on Exh. 4.
LO
Adv. Sakhina Kothari for defendants no. 1 to 6 present.
Defendant no. 2 to 6 present and they filed written statement
t.o.r. and marked as Exh.6
Matter is adjd.to 17-12-2021 for Filing registered C/S and
reply on Exh. 4 and filing statement of truth by defts no. 1to
6.
Next Purpose: REPLY
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv. Arvind Giriraj for plaintiff present and filed original registered C/S No. 1580/21 with supporting affidavit t.o.r. . He also filed affidavit of service t.o.r. and marked as Exh. 7
Adv. Sakina Kothari for defendant present and filed statement of truth in support of written statement Exh. 6. t.o.r. and marked as Exh. 8
Copy of Exh. 8 is provided to Adv. for plaintiff.
Defendants have already filed written statement Exh. 6 on 29-10-2021.
Matter is adjd.to 17-01-2022 for C/S Reply and say on
Exh. 4 by the defts. (2.45pm)
Next Purpose: REPLY
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Adv. Archit Virmani for plaintiff present.
Adv. Sakina Kothari for defendant present.
Both of them filed joint application for seeking directions t.o.r. and marked as Exh.7. - put for hearing.
Matter is adjd.to 20-01-2022 for CS reply, Say on Exh.4 by
the defendants and hearing on Exh.7.
Next Purpose: REPLY
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Adv. Archit Virmani along with plaintiff present.
Adv. Sakina Kothari along with defendants no. 1 to 5 present.
Both sides filed joint application for directions to produce sealed envelope containing commissioners report and for deletion of electronic data on the hard disk in the presence of the Advocates and parties. t.o.r. and marked as Exh.10.
The plaintiff, defendants no. 1 to 5 and their respective advocates are confronted with contents as well as signatures on Exh. 10 and they admitted the same. Defendant no. 4 has also signed Exh. 10 for defendant no. 6 company. After recording admission regarding contents and signatures on Exh. 10, Registrar (Civil) is directed to produce the sealed envelope containing commissioners report in the Court on 25-01-2022 at 11.00 am.
The plaintiff and his advocate also filed withdrawal application t.o.r. and marked as Exh.11 - The plaintiff and his advocate admitted signatures and contents in Exh. 11. Exh. 11 will be decided after disposal of Exh. 10.
Matter is adjd.to 25-01-2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: Adv. Archit Virmani alongwith plaintiff present.
Adv. Sakina Kothari alongwith defendants no. 1 to 4 are present.
Commissioner’s report is received in closed envelope and it is opened in presence of Advocates representing in both sides.
In the said envelope commissioner report of Adv. Tapan Thatte is found. Simultaneously three plastic containers with two hard disks and two connecting cables (Connectors) in each of them are found. This plastic containers are wrapped with transparent cello-tap. Paper wrapped around the same is having matter “Team A Tapan Thatte ” , “Team B Tapan Thatte ” and “Team C Tapan Thatte ”.
Commissioner’s report with six hard disks and six connecting cables is collectively marked as Exh. 12.
Data in six hard disk is deleted in presence of the plaintiff, defendants no. 1 to 4 and their respective counsels by using computer on the dias as per prayer in application Exh. 10. Accordingly, application Exh. 10 is allowed in terms of prayer clause (a) and (b). Similarly, prayer clause (b) in application Exh. 10 is implemented practically with consent of both sides.
The plaintiff, defendants no. 1 to 4 and their respective counsels filed joint pursis regarding compliance of prayer clause (b) in application Exh. 10 t.o.r. and marked as Exh.13.
In view of orders passed in roznama on 20-01-2022 and above order on Exh. 10, electronic record obtained by report commissioner is deleted and pre-requisite for the completion of settlement formalities and withdrawal of the suit is complied with. Accordingly, the plaintiff and his Ld. Counsel submitted that application Exh. 11 may be allowed. Hence, I pass the following order -
Order
1. Application Exh.11 is allowed.
2.Commercial suit No. 1190/21 is disposed off as withdrawn.
3.Court fees be refunded to the Plaintiff as per rules and Refund Certificate be issued accordingly.
4. Parties shall bear their own costs.
5. Proceeding of the suit is closed.
6. NM No. 3954/19 and C/S No. 1580/21 are disposed off having become infructuous due to disposal of the suit.
Nature Of Disposal: WITHDRAWL
Disposal Date: 25-01-2022