Date: 06-01-2020
Business: Plaintiff is present and filed affidavit of service.
The report of Kisan Naik bailiff shows that the writ of summons is duly served to defendant on 09.12.2019. The deft did not appear within 10 days of service of writ of summons. Hence suit to proceed ex-parte against defendant.
Plaintiff filed draft notice of motion. O- Leave granted to register notice of motion.
Adjd for ex-parte evidence to 23/01/2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Adv. Rajesh Patil for plaintiff present.
Defendant and adv. for defendant absent.
Adv for plaintiff filed notice of motion No. 264/19. t.o.r
Defendant even after service of notice to the notice of motion failed to appear. Hence notice of motion to proceed ex parte against defendant.
Exh- 1 Plaint.
Exh-2 Vakalatnama
Exh-3 Memo of address
Exh-4 List of documents.
Exh- 5 Affidavit of service.
Exh-6 Affidavit of claim
Exh- 7 List of documents.
Exh- 8 Demand Promissory note of Rs. 200000/- dt. 04.11.2016
Exh-9 Notice of demand dt. 28.09.2019
Adjd for ex-parte argument to 27/01/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Rajesh Patil for plaintiff present.
Plaintiff is present.
ORDER passed in NM No. 264/2020
Heard advocate for plaintiff perused NM supported by affidavit. The plaintiff to file affidavit of service of Notice of motion to defendant and Respondent.
Adjd for affidavit of service to 28/01/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Plaintiff is present.
Adv. Rajesh Patil for plaintiff present.
Adv. for plaintiff filed affidavit of service of Notice of motion. t.o.r.
ORDER passed in NM No. 264/2020
The plaintiff has filed the affidavit of service of notice of motion to the defendant. The defendant did not appear. The plaintiff has apprehension that once the defendant gets retired he will not be able to recover the amount from defendant. Issue notice to defendant and the Respondent to be served through court bailiff. The defendant to show cause why his salary and retirement dues should not be attached returnable on 30.01.2020.
Short service to defendant and respondent is allowed as per oral prayer of Adv. for plaintiff.
Adjd for hearing to 30/01/2020.
Next Purpose: HEARING
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv. Rajesh Patil for plaintiff present.
Plaintiff is present.
Defendant is present.
The defendant is present seeking time to file reply to the notice of motion No. 264/2020
The representative of BMC are present before court.
Adv. for plaintiff stated that defendant is going to retire on 31.01.2020. The deft too stated that he will retire on 31.01.2020. Thereby he will get retirement benefits and plaintiff will not be able to recover the money incase the suit is decreed. Therefore the Respondent BMC is directed to not release the arrears of salary, leave salary and encashment of leave salary to the extend of Rs. 2,95,000/-(Rupees Two Lakh Ninety Five thousand only) till next date. The defendant to file reply to Notice of motion NO. 264/2020 on next date.
Adjd for NM reply to 30/03/2020
Next Purpose: REPLY
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Next Purpose: REPLY
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Next Purpose: REPLY
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: Plaintiff is present.
Adv. Rakesh Patil for plaintiff present.
Adv. for plaintiff filed the application of defendant to pay the amount of plaintiff from is retirement benefits. t.o.r.
The adv. for plaintiff filed reply to the said application.
Adjd for hearing to 14.09.2020
Next Purpose: HEARING
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Business: Plaintiff and defendant present.
Adv. Rajesh Patil for plaintiff present.
On perusal the document is not exhibited. Hence exhibited today.
Exh- 10 The application of defendant dt. 07.09.2020 to pay the amount of plaintiff from is retirement benefits.
ORDER below Exh- 10
Order of not releasing the amount of salary, leave salary and encashment of leave salary stands vacated. Accordingly, application is disposed of.
Adjd for hearing to 03/11/2020
Next Purpose: HEARING
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Adv. Rajesh Patil for plaintiff present.
None for defendant.
Today matter is for hearing.
Ld Adv for plaintiff submits that he will get confirmation from his client whether defendant has complied order passed below Ex.10 dated 14-09-2020 or not and thereafter, plff will take required steps.
Matter adjd for steps to 09-03-2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: None present.
Matter adjd for steps to 06-05-2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation. As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded. As per Clause No. 4 of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-07-2021
Date: 06-05-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation. As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded. As per Clause No. 4 of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-10-2021
Date: 17-09-2021
Business: P.O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv. Mr. Rajesh Patil for plaintiff present.
None for defendant.
There are chances of settlement.
Hence matter be placed in lokadalat.
Matter adjd for lokadalat to 11/12/2021.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-12-2021
Date: 25-10-2021
Business: Adv. Mr. Rajesh Patil for plaintiff present.
None for defendant.
There are chances of settlement.
Hence matter be placed in lokadalat.
Matter adjd for lokadalat to 11/12/2021.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-12-2021
Date: 11-12-2021
Business: NATIONAL LOK-ADALAT HELD ON 11/12/2021 (Panel No.5)
Matter pertains to C.R. No.13
None present.
Matter adjd to 13/01/2022.
Next Purpose: FOR___________________
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: P. O. is on leave.
Next Purpose: FOR___________________
Next Hearing Date: 21-02-2022
Date: 13-01-2022
Business: P. O. is on leave.
Next Purpose: FOR___________________
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: Adv. Rajesh Patil for plaintiff present.
None present for defendant.
Matter be placed before Lok-adalat.
Matter Adjd for Lok-adalat on 12/03/2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022
Date: 12-03-2022
Business: Plaintiff present.
Advocate Rajesh Patil for plaintiff present.
None present for defendant.
Advocate for plaintiff filed a pursis that amount is received out of the Court. Therefore he withdraw the suit. Hence, suit is disposed off as a withdrawn. Court fees be refunded as per rules. NM No.264/20 is also disposed of accordingly.
HHJ. Shri. R.M.Sadrani Adv.Ms.Pooja Narvekar Adv. Mr. D. S. Bade
Panel Head Panel Member Panel Member
Nature Of Disposal: LOKADALAT
Disposal Date: 12-03-2022