Pankaj Padamkumar KajariaVsM/s. Ashok Sanitaryware

Date: 10-03-2022
Business: None present for plaintiff.
None present for defendant.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
ORDER BELOW EXH.1
If summons is not issued, issue suit summons to the defendants.
Matter adjd to 21.04.2022 for service affidavit.
                                                                                              Judge
LO at 01.09 pm,
Adv.Ganesh Shetty for plaintiff present.
Adv. of plaintiff filed application for extension of time for service of suit summons t.o.r. and marked as Exh.5.
O-Time is extended for service of suit summons by RPAD.
Matter adjd to 21.04.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: None present for plaintiff.
None present for defendant.
Affidavit of service not filed. Keep for order.
Matter adjd to 20.06.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Representative of Plff present.
Adv. Ganesh Shetty present for plff.
None present for deft.
Adv of plff has filed draft CS for substitute earlier general POA holder and marketing manager of plff.
Order- Leave granted to register CS.
Adj. To 22/07/2022 for filing registered CS and service affidavi
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: None present.
KB. LO 12.30
Adv. Ganesh Shetty Present for Plff.
None Present for Deft.
Registered CS 855/22 not tendered.
Adj. For CS 855/22 returnable and Service affidavit on CS 855/22 on 20/08/2022.
LO 3.30
Adv. Ganesh Shetty Present for Plff and tendered registered CS 855/22 along with affidavit.
Adj. For Service affidavit on CS 855/22 on 20/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: None Present for Plff.
Adj. For Service affidavit of CS 855/22 on 15/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: None present.
None Present for Deft.
Adj. For Service affidavit of CS 855/22 on 04/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Adv. Ganesh Shetty Present for Plff.
None Present for Deft.
Today case is for Service affidavit n respect of CS  354/22. In the said CS plff prayed for amendment in the plaint regarding deletion the name of Power of attorney holder and marketing manager Guatam Sheth and substitue by Mr. Shailesh Shankaran Nambiar. Perused record deft not served with suit summons. Hence Notice of CS to deft is hereby dispensed with. The proposed amendment will not change the nature of suit. Plff only want to substitute the name of General power of attorney. Hence it is desirable to allow CS.
Following Order passed on CS 354/22.
1. Chamber Summons No.354 of 2022 is allowed.
2. Plff shall carrying out amendment with 14 days.
Adj. For Compliance on 15/10/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: POA of Plff namely Shailesh Nambiyar present.
None Present for Deft.
POA of plff prayed for extension of time for service of suit summons. Granted.
Adj. For Service affidavit on 02/12/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: None Present for Plff.
None Present for Deft.
Adj. For Service affidavit on 07/01/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: None Present for Plff.
None Present for Deft.
Adj. For Service affidavit on 04/02/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: Adv. Ganesh Shetty Present for Plff.
None Present for Deft.
Adv of plff seeks time for filing service affidavit. Granted.
Adj. For Service affidavit on 06/03/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: Adv. Ganesh Shetty for plaintiff present and seeks time to file service affidavit.
None present for defendant.
Case adjd for service affidavit to 18.04.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: Adv. Shri Ganesh Shetty for plaintiff present and seeks time for filing affidavit.
None present for defendant.
Case adjourned for filing service affidavit to 20/06/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-06-2023

Date: 20-06-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-07-2023

Date: 27-07-2023
Business: Adv.Ganesh Shetty for plaintiff is present.
Exh. 6- Ld. adv. of plaintiff filed affidavit of service a/w returned postal envelope.  Writ of Summons unserved.
Matter is adj for taking steps to 15/09/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: None present.
Matter is adj for taking steps to 26/10/2023.
L.O at 12.55 p.m.
Adv. Gauresh Shettey for plaintiff is present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: None present.
Matter is adj for steps to 08/01/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-01-2024

Date: 08-01-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
None present.
O- Matter is pending for steps since 15/09/2023 and from the last two dates none appears for plaintiff. Hence, put up the matter for dismissal order.
Matter is adj. for dismissal order to 22/02/2024.
                                                                                    Judge
Later on at 12.41 p.m.
Adv. Ganesh Shetty for plaintiff present and informed that the Sole Plaintiff Pankaj Kajaria has expired. Therefore, the power of attorney given by him has also expired.
O- In view of the submissions made by the learned advocate Mr. Ganesh Shetty put up the matter for steps.
Matter is adjourned for steps to 22/02/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-02-2024

Date: 22-02-2024
Business: HHJ is on leave. Hence adjd.to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: None present.
Matter is adj. for steps to 19/04/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Business: None present.
Matter is adj. for draft issue to 22/07/2024.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 22-07-2024

Date: 22-07-2024
Business: Adv. Ganesh Shetty for plaintiff is present and  orally requested time for taking steps for bringing on record legal heirs of the deceased plaintiff. O-Time granted as prayed for.
Matter is adj. for steps to 03/09/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-09-2024

Date: 03-09-2024
Business: Court is Vacant hence adjd. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: Court is vacant hence adj.to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-12-2024

Date: 13-12-2024
Business: Court is vacant hence adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-02-2025

Date: 24-02-2025
Business: P. O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-06-2025

Date: 11-06-2025
Business: Parties are absent.
Adv. Manish Shettey present for plaintiff and informed to that e-court that since last more than a year legal heirs of the  plaintiff did not contact him. Hence sought last chance being plaintiff is no more. O-Oral request allowed as a last chance if the positive steps are not taken being already suit is abated will be disposed off in accordance with the law.
None present for defendant.
Matter is adj. for steps to 22.08.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-08-2025

Date: 22-08-2025
Business: Parties are absent.
Adv. Ganesh Shetty present for plaintiff and tendered postal receipt (Exh. 7A) a/w his letter dt. 30.06.2025 Marked as Exh. 7 addressed to the legal heirs of Pankaj Padmakumar Kajaria, M/s Kajaria Pipes 85, Jolly Maker Chamber No. 2, Nariman Point, Mumbai 400 021 and informed orally that legal heirs of deceased plaintiff are not interested prosecuting the suit for the reasons of whereabouts of the defendant is not know to them.
The ld. Advocate further pointed out that plaintiff died on 14.09.2023. The suit is already abated hence, disposed off.
None present for defendant.
Proceedings closed.
Record and proceeding be sent forthwith to the record room.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 22-08-2025

CHAMBER SUMMONS/100855/2022

Filing Number: 112189/2019
Filing Date: 11-11-2019
First Hearing Date: 10th March 2022
Decision Date: 22nd August 2025
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE