Date: 28-02-2020
Business: Adv for plaintiff Mr.Vishal Tiwari present.
None for the defendant.
Matter is Adjd for Affidavit of Service to 22.04.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-09-2020
Date: 30-09-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 08.01.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: Adv. Govind Gupta for plff present.
Adv.for deft absent.
Adv. for plff filed an application t.o.r marked at Exh.2. Order below Exh.2- Perused the application. Heard Adv.for plaintiff. The application is allowed subject to payment of necessary process fee to be paid within period of three days. Summons r/o 20.03.2021. Humdast allowed. Application Exh.2 is disposed of accordingly.
Adjd for report on 20.03.2021.
Next Purpose: REPORT
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: As P.O. is on 40 hrs Online Mediation Training for the
Judicial Officers scheduled to be held from 15th to 22nd March, 2021
Adjd to
Next Purpose: REPORT
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 10/08/2021.
Next Purpose: REPORT
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 25.08.2021 for Report
Next Purpose: REPORT
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Court is Vacant.
Matter is adjd to 22.10.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Matter pertains to C. R. No. 61.
NOB. TOB.
Adv. Mr. Surya Das for Defendant present and filed an application for taking the matter on todays board. O- Allowed.
He also filed draft NM with Affidavit in support and seeks leave to register the same. Leave granted.
Matter is already adj to 22.10.2021.
Next Purpose: REPORT
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Court is Vacant
Next Purpose: REPORT
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: P.O is on leave hence, matter is adjourned.
Next Purpose: REPORT
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: Adv Govind Gupta for plaintiff present.
Adv for plaintiff filed affidavit of service of suit TOR.
Matter is adjd for report to 05-04-2022
Next Purpose: REPORT
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: PO is on training. Matter adj. to
Next Purpose: REPORT
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: Adv. Mr. Vishal Tiwari for Plaintiff present.
None for Defendant.
The record reveals that Defendant has not tendered the original NM on record. If the Defendant do not tender the original NM by next date, the NM would be dismissed in default.
Matter adjourned to 23/08/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. for Plaintiff present.
Adv. Suryadas for Defendant present tendered registered notice of motion no.2077 of 2021 along with affidavit in support.
Advocate for plaintiff submits that plaintiff or his advocate have not received the copy of NM.
No affidavit of service is filed by the defendant to prove the fact of service of NM on plaintiff. Therefore, matter is adjourned.
Matter adjourned to 20.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Adv. Jinal Sethia for plaintiff present.
Adv. Surya Das for defendant present.
Order on Notice of motion No.2077 of 2021-
The notice of motion is taken out by defendant seeking condonation of delay of 218 days in filing vakalatnama.
The period of delay corresponds to COVID-19 lock down period. Advocate Jinal Sethia for Plaintiff submits that she has no objection to allow the notice of motion. Hence, the order-
Order
1. Notice of Motion No.2077 of 2021 is allowed in terms of prayer clause-A.
2. The delay in causing appearance is hereby condoned.
3. Notice of Motion No.2077 of 2021 is disposed of.
Judge
Advocate for defendant filed vakalatnama (Exh.03).
O-Filed.
Matter adjd. to 02.12.2022 for filing SJ.
Next Purpose: FOR___________________
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: Adv.Jinal Sethia h/f Adv.Vishal Tiwari for plaintiff present. She tendered draft Summons for Judgment along with affidavit.
O-Leave is granted to register the Summons for Judgment.
Defendant present and his advocate absent.
Matter is adj to 22/02/2023 for reply on SJ.
Next Purpose: REPLY
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: Adv.Jinal Sethia h/f Adv.Vishal Tiwari for plaintiff present. She tendered registered SJ No.406/2022 along with affidavit. T.O.R.
Adv.Surya Das for defendant present. He tendered draft Notice of Motion, along with affidavit, for condonation of delay in filing reply to SJ
He also filed reply to SJ along with N/M.
ORDER ON DRAFT NOTICE OF MOTION
Defendant seeks condonation of delay of 72days in filing reply to SJ. Ld.Adv. for plaintiff submits that delay may be condoned subject to cost.
In view of the submission made, I pass following order-
ORDER
1. Draft Notice of Motion is allowed in terms of prayer clause (a) subject to cost of Rs.2,000/- (Rupees Two Thousand Only).
2. Cost to plaintiff, to be paid within two weeks from today.
3. Defendant to register N/M for statical purpose forthwith.
4. Draft Notice of Motion is disposed of accordingly.
Reply to SJ is taken on record subject to compliance of aforesaid order.
Matter is adj to 04/05/2023 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 04-05-2023
Date: 04-05-2023
Business: As court is busy in dictating judgment in Sessions Case No.693 of 2019, remaining second session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to
Next Purpose: COMPLIANCE
Next Hearing Date: 10-08-2023
Date: 10-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE -(C.R.NO.61)
As court is busy in recording evidence in Sessions Case No.1911/2019, remaining afternoon session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 18.10.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
As court is busy in recording evidence in SC No. 463/2019 and hearing final arguments in SC No. 616/2020, remaining afternoon board is discharged.
Parties are at liberty to tender affidavits, reply, application etc, if any.
Matter is adj to 15.01.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their counsel are absent.
Keep back.
Later on at 1.08 pm
Adv. Vishal Tiwari for plaintiff is present and submitted orally that plaintiff has received costs of Rs.2,000/-. Hence, it appears that the defendant has complied the direction to pay the costs. The reply of defendant to summons for judgment is taken on record.
Ld. counsel for the plaintiff submitted that the summons for judgment may be treated as his written arguments. The arguments of plaintiff is treated as completed.
Keep back.
Later on at 3.31 pm
The defendant and his advocate are absent.
Matter is adj to 30.01.2024 for hearing on summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: Court is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-02-2024
Date: 17-02-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jinal Sethia h/f Vishal Tiwari for plaintiff is present and submitted that on next date she will filed original documents.
Adv. Surya Das for defendants is present and submitted he will argue SJ on next date.
Matter is adj to 05/03/2024 for filing original documents and hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-03-2024
Date: 05-03-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv Mr. Surya Das for defendant is present and submitted that settlement talks are going between the parties. Hence, matter may be referred for mediation.
Matter is adj to 05.04.2024 for mediation report.
Later on at 1.05 p.m.
Adv Mr.Pranav Jha for plaintiff is present and filed list of documents alongwith documents. T.O.R. It is marked as Exh.04.
Matter is adj to 05.04.2024 for mediation report/hearing on SJ by defendant.
Later on at 3.15 p.m.
Adv Vishal Tiwari for the plaintiff is present.
Matter is adj to 05.04.2024 for mediation report/hearing on SJ by defendant.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 05-04-2024
Date: 05-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vishal Tiwari for plaintiff is present.
The defendant and his counsel are absent.
Keep back.
Later on at 1.43 pm
Adv. Vishal Tiwari for plaintiff is present.
Adv. Surya Das for defendant is present.
Heard counsel for both sides on Summons for judgment No.406/22.
Matter is adj to 25.04.2024 for order on Summons for judgment No.406/22.
Next Purpose: ORDER
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
FRSR following order is passed on SJ No.406/22
Order
1.Summons for Judgment No. 406/2022 is disposed of as follows-
(a)Defendant is granted conditional Leave to defend subject to depositing an amount of Rs. 2,13,500/- in the Court within two months from the date of order.
(b) After depositing said amount, defendant is entitled to file its written statement on record within next 30 days.
2.Summons for Judgment No.406 of 2022 be disposed of accordingly.
Matter is adj to 27.06.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-06-2024
Date: 27-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Pranav Kumar Jha i/b Adv. Vishal Tiwari for plaintiff is present and requested for adjournment. Adjournment is granted.
The defendant and his counsel are absent.
Matter is adj to 30.07.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-07-2024
Date: 02-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Not on Board, taken on board.
Mediation report received from mediation department. As per report, Mediation is failed. Taken on record. It is marked as Exh-5.
Matter is already adj to 30.07.2024
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-07-2024
Date: 30-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE -(C.R.NO.81)
Adv. Kiran Kuchekar i/b Adv. Vishal Tiwari for plaintiff is present.
Adv. Neeta Solanki i/b Unison Legal for defendant is present and filed Vakalatnama. Taken on record. It is marked as Exh- 6.
The defendant also filed application for extension of time to deposit amount as per order dated 25.04.2024 passed in SJ No.406/2022. Taken on record. It is marked as Exh-7. O-Other side to say.
Say submitted by the counsel for the plaintiff on overleaf of Exh-7.
Order below Exh-7
Perused application and say. Heard both the parties. The plaintiff has no objection to extend the time to deposit as per order dated 25.04.2024. Further, considering reasons mentioned in the application, time is extended as a last chance. The defendant is directed to deposit amount within a week.
Matter is adj to 30.09.2024 for compliance and filing written statement.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-08-2024
Date: 01-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Not on board, taken on board.
Onlince copy of roznama dated 25.042024 along with endorsement dated 31.07.2024 that received D. D. No.017428 dated 22.07.2024 of amount of Rs.2,13,500/-, subject to realization.
Matter is already adj to 30.09.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2024
Date: 30-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kiran Kuchekar i/b Adv. Vishal Tiwari for plaintiff is present.
Adv. Nikha Jain i/b M/s Unison Legal for defendant is present and filed written statement. Taken on record. It is marked as Exh-8.
Counsel for defendant filed an application to invest the amount deposited in the court in view of order passed in Summons for judgment No.406/22, order dated 25.04.2024. Taken on record. It is marked as Exh-9. O-Other side to say. Counsel for plaintiff submitted say on overleaf of application Exh-9.
Order below Exh-9
Perused application and say. Heard both parties. order is passed on SJ No.406/22 on 25.04.2024. The defendant is granted conditional leave subject to depositing amount of Rs.2,13,500/-. The defendant is deposited said amount on 31.07.2024. It will take time to decide the matter. Hence, Registrar of this court is directed to deposit said amount in fixed deposit in any Nationalized Bank till further order.
Matter is adj to 10.12.2024 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-12-2024
Date: 10-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Rukshana Sultana h/f Adv. Vishal Tiwari for plaintiff is present and filed draft issues. Taken on record.
Adv. Kiran Dubey for defendant is present and filed draft issues. Taken on record.
Matter is adj to 27.01.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-01-2025
Date: 27-01-2025
Business: P. O. is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-03-2025
Date: 03-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Kiran Dubey for defendant is present.
Keep back.
Adv. Vishal Tiwari for plaintiff is present through video conferencing
Mr. Rohit Sachidanand Pandey, Director of Classic RMC and Aggregates Pvt. Ltd, is present through video conferencing and admitted terms and conditions in the consent terms. He has stated that he wants to withdraw the suit as matter is settled.
Adv. Kiran Dubey for defendant is present.
Parties are tendering consent terms. However, it is not signed by the counsel for plaintiff. Parties are directed to file consent terms after obtaining signature of plaintiff's counsel.
Matter is adj to 07.03.2025 for filing consent terms.
Next Purpose: CONSENT TERM
Next Hearing Date: 07-03-2025
Date: 07-03-2025
Business: P.O. IS ON HALF DAY LEAVE (MORNING SESIONS)
Next Purpose: CONSENT TERM
Next Hearing Date: 04-04-2025
Date: 04-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kiran Kuchekar for plaintiff is present.
Keep back.
Later on at 1.05 pm
Adv. Kiran Kuchekar for plaintiff is present and filed consent terms. Taken on record. It is marked as Exh-10.
Order below Exh-1
The plaintiff and director of defendant were present through video conferencing and their advocate were physically present on 03.03.2025. They identified their respective parties. The plaintiff and representative of defendant submitted that matter is settled between the parties. Plaintiff has agreed for an amount of Rs.2,13,500/- deposited by defendant in view of order dated 25.04.2024 passed in summons for judgement No.406/22 towards full and final settlement. Defendant has no objection to withdraw that amount by the plaintiff. They have filed consent terms on record at Exh-10. Parties were verified with terms and conditions in consent terms at Exh-10, when it was produced before the court on 03.03.2025. The said consent terms were not taken on record as there was no signature of counsel for plaintiff. Today, counsel for plaintiff filed consent terms after signing on it. The parties have admitted and agreed the contents in the consent terms at Exh-10. It is read and recorded. The representative of defendant has filed copy of resolution along with consent terms. The matter is settled between the parties. Therefore, it is necessary to dispose of the suit as settled, in view of consent terms at Exh-10. Hence, I proceed to pass following order-
Order
1. Summary suit No. 34 of 2020 is disposed off as settled in view of consent terms at Exh-10.
2. The consent terms at Exh-10 shall form part of the decree.
3. The plaintiff is entitled to withdraw an amount of Rs.2,13,500/- along with accrued interest, if any.
4. Plaintiff is entitled to refund of court fees, if provided for, in rules.
5. Parties to bear their own costs.
6. Decree be drawn up accordingly.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 04-04-2025