Mr. Jitendra Ravji RampariyaVsMr. Prasad Janardhan Patole

Date: 25-11-2019
Business: Adv. Ms. Poonam Garge for pltff present.
Issue writ of summons against the defendant.
28.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Adv. Atul Redkar for pltff present.
Plaint
vakalatnama
Memo of appearance.
List of documents.
Matter is adjd to 05.05.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
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: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: None present.
Plaintiff to file affidavit of service on next date.
The matter is adjd for affidavit of service to 08.03.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Adv. Punam for plaintiff present.
None for deft.
Application for issuance of fresh writ of summons.
O. - Read application.  Issue fresh writ of summons.  In addition, private service is allowed.
The matter is adjd for affidavit of service to 23.04.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned to 02.08.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: P.O. is on leave.  The matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Adv. Atul Redkar for plaintiff present.
None for deft.
Adv. For plaintiff filed affidavit of service.  T.O.R.
Service is not proper.  Plaintiff is directed to take further steps.
K.B.
L.O.
Adv. Atul Redkar for plaintiff present.
Exh.6 - Adv. For plaintiff filed application for issuance of fresh summons.
O. - Issue fresh summons to defendants as prayed.
Adv. For plaintiff tenders draft N/M.  Leave is granted to register.
The matter is adjd for affidavit of service and reply to N/M to 04.09.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: Adv. Punam Garde for plaintiff present.
Exh.7- Adv. For plaintiff tendered service affidavit. T.O.R.
Adv. For plaintiff tendered registered N/M No.1980/21.  T.O.R.
The matter is adjd for further orders to 23.09.2021.
Next Purpose: ORDER
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Adv. Atul Redkar for plaintiff present.
As per service affidavit (Exh.7), summons are duly received by the deft.  But, the acknowledgement filed along with affidavit did not bear signatures of deft. Plaintiff also filed postal track report along with affidavit which shows that deft. has not claimed the writ of summons.  The postal track report is contrary to service affidavit.  Service is not proper.  Therefore, plaintiff is directed to take steps.
Exh.8 - Adv. For plaintiff filed application for substituted service.
O. - Summons to deft. cannot be served on the address known to the plaintiff.  Considering the service affidavit filed on record, there is reason to believe that defendant is keeping out of the way for the purpose of avoiding service.  Therefore, summons to deft. be served by publishing writ of summons in daily newspaper circulating in the locality in which defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain and by affixing the copy of suit summons on the conspicuous place in the Court house.
The matter is adjd for affidavit of service to 26.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Adv. Atul Redkar for plaintiff present.
Exh.9 - Service affidavit filed by Adv. For plaintiff. T.O.R.
None appeared on behalf of deft.
The matter is adjd for ex-parte order to 22.11.2021.
Next Purpose: ORDER
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Adv. Poonam for plaintiff present.
 As per service affidavit (Exh.9), deft. is deemed to be served with writ of summons.  But, he failed to tender his appearance. Therefore, suit to proceed ex-parte against deft.
The matter is adjd for ex-parte evidence to 08.12.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: P.O is  on  Leave,
Matter Adjd
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: Adv. Atul Redkar for plaintiff present.  He sought time for adducing evidence.  Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 31.01.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 31-01-2022

Date: 31-01-2022
Business: Plaintiff and his Adv. Atul Redkar Present.
Ex.10 - Adv. For plaintiff tendered evidence affidavit of PW-1 Jitendra Ravji Rampariya.  Contents in evidence affidavit are verified, read and recorded.
Ex.11 - List of documents
From the evidence of PW-1 Jitendra following documents are proved and therefore they are exhibited as under -
Ex.12 colly - Bank account statements
Ex.13 colly - Cheque alongwith cheque return memos
Ex.14 colly - Copy of the notice alongwith return envelopes colly
Ex.15 colly - Copy of the report given to police alongwith postal receipt and acknowledgment.
Ex.16 - Copy of the order in CC No.25/M/2014
Art.A - Copy of Memorandum of Understanding
Ex.17 - Evidence close pursis filed by plaintiff.
the matter is adjd for Argument to 11.02.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Adv. Punam Garde h/f. Adv. Atul Redkar for plaintiff present.
Exh.18 - Adv. For plaintiff filed written notes of arguments.  T.O.R.
The matter is adjd for judgment to 16.02.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: Adv. Atul Redkar for plaintiff present.
Exh.19 - Adv. For plaintiff filed application for adjournment.
O. - Plaintiff wants to take further steps and therefore, he prayed for adjournment.  Adjournment as prayed for is granted.  Matter be kept for hearing.
The matter is adjd for hearing to 14.03.2022.
Next Purpose: HEARING
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: Adv. Atul Redkar for plaintiff present.
Exh.20 - Adv. For plaintiff filed application for adjournment.
O. - Adjournment as prayed for is granted.
The matter is adjd for hearing to 12.04.2022.
Next Purpose: HEARING
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: Adv. Poonam Garde for plaintiff present.
Adv. For plaintiff tendered draft Ch/sum.  Leave to register Ch/sum is granted.
The matter is adjd for service of Ch/sum to 09.06.2022.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: Adv. Atul Redkar for plaintiff present.
Adv. For plaintiff tendered registered Ch/sum No.654/22. T.O.R.
The matter is adjd for service of Ch/sum to 29.06.2022.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Adv. Atul Redkar for plaintiff present.  He sought time for service of Ch/sum.  Time as prayed for is granted.
The matter is adjd for service of Ch/sum to 20.07.2022.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: Adv. Atul Redkar for plaintiff present.  He sought time for filing affidavit of service of Ch/sum.  Time as prayed for is granted.
The matter is adjd for filing affidavit of service of Ch/sum to 02.08.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: Adv. Poonam Garde h/f. Adv. Atul Redkar for plaintiff present.  She sought time for filing affidavit of service of Ch/sum. Time as prayed for is granted.
The matter is adjd for filing affidavit of service of Ch/sum  to 19.09.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: The Court is Vacant.
Hence, matter adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: The Court is Vacant
Hence, Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: Court is vacant. Matter is adjourned to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: The Court is Vacant. Hence, Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: The court is vacant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: Matter pertains to C.R. No. 14.
Adv. Punam Garde h/f Adv Atul Redkar for plaintiff is present and filed affidavit of service t.o.r. marked as Exh.21 O- Seen.
None for defendant.
As per affidavit of service the Chamber Summons is not served to the defendant by RPAD.
Case is adjourned for steps to 24-03-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-03-2023

Date: 24-03-2023
Business: Court is Vacant. Matter is adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: As court is vacant. Hence, matter is adjd to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Mr. Jitendra Ravji Rampariya Vs Mr. Prasad Janardhan Patole
Case is received under transfer from Court Room No.14
All called, but absent
Parties to take steps regarding Chamber Summons and Notice of Motion. Else, put for necessary order.
Adjourned to 09.10.2023 for NM/CHS hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: Mr. Jitendra  Rampariya Vs Mr. Prasad  Patole
All called, but absent.
Parties to take steps regarding Notice of Motion and Chamber Summons.
Matter adjourned to 08.12.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-12-2023

Date: 08-12-2023
Business: Mr. Jitendra Ravji Rampariya Vs Mr. Prasad Janardhan Patole
All called, but absent.

Parties to take steps regarding all pending applications.
Adjd. To 12.12.2023 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: itendra Rampariya V/s Prasad Patole
All called, but absent.
Parties to take steps.
Case adjourned to  22.02.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-02-2024

Date: 22-02-2024
Business: None present.
Upon perusal of record it reveals that since 20/07/2023 none present for plaintiff.  No steps taken by the plaintiff till date to serve writ of summons upon the defendant.  Hence last chance granted to the plaintiff to take steps, else appropriate order will be passed.
Matter stands Adj for Steps on 30/03/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-03-2024

Date: 30-03-2024
Business: None present.
KB
LO at 1.48 pm
None appeared for plaintiff when called repeatedly.
Today the matter is under the caption of dismissal.  It reveals that since 20/07/2023 none present for plaintiff.  It is the matter of 2021.  No steps taken to serve writ of summons and copy of NM as well as CS till date upon the defendants.  Therefore, the suit stands dismissed for default.  As the suit is dismissed for default, NM and CS does not survive, hence NM and CS stands dismissed and disposed of.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 30-03-2024

NOTICE OF MOTION/101980/2021
CHAMBER SUMMONS/100654/2022
NOTICE OF MOTION/102044/2026

Registration Number: 100543/2021
Transfer Date: 21-05-2021
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 31 - COURT 31  ADDL SESSIONS JUDGE

Registration Number: 100543/2021
Transfer Date: 17-07-2021
From Court: 31 - COURT 31  ADDL SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Registration Number: 100543/2021
Transfer Date: 17-07-2023
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 31 - COURT 31  ADDL SESSIONS JUDGE

Registration Number: 100543/2021
Transfer Date: 01-01-2024
From Court: 31 - COURT 31  ADDL SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Filing Number: 111069/2019
Filing Date: 10-10-2019
First Hearing Date: 25th November 2019
Decision Date: 30th March 2024
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE