Date: 05-12-2019
Business: Adv. Joshi for plaintiff/applicant present and filed original Nm no. 4342/19 along with affidavit. He also filed affidavit of service in Nm no. 4342/19.
Adv. Dube for defendant/respondent no. 3 present.
Reply is not filed.
Heard both sides on NM no.4342/19.
Matter stands Adj for Order on NM no. 4342/19 to 12.12.2019.
Next Purpose: ORDER
Next Hearing Date: 12-12-2019
Date: 12-12-2019
Business: None present for plaintiff.
Adv. Gole for defendant no. 1, 2, 4 to 6 present and submitted that he has been served with original registered NM. With reference to proceeding in S. C. 2418/12, which already disposed of. Therefore, the engagement of the counsel terminates after disposal of the suit. Hence, the service the is not proper and the affidavit filed by Vishal Piran Tapal dated 05.12.2019 may be rejected.
None present for plaintiff to explain how the service is duly effected on defendants. Hence, I hereby reject the affidavit filed by Vishal Piran Tapal dated 05.12.2019.
Matter stands Adj for taking steps by plaintiff/compliance to 28.01.2020.
Later on at 4.30 pm.
Adv. Siddharth Joshi for plaintiff present and submitted that the defendant no. 1 and 4 to 6 have been served through their earlier advocate Mr. Gole and also through defendant no. 1, who is CA of Defendant no. 4 to 6, as per annexure 1 and 2 filed with the affidavit of service. He further submitted that even if the service on advocate Gole is not considered proper, Service on defendant no. 1 through security personnel of defendant no. 1 is good service. Hence, order passed today to reject the entire affidavit of service may be recalled. I find substance in the above submissions, because as per annexure 2 with the affidavit of service. Advocate\''s notice dated 29.11.2019 has been received on 30.11.2019 by V. K. Pande.
In view of the above, the order passed today to reject the affidavit of service is called back and modified. The partial service to defendant no. 1 as CA on defendant no. 4 to 6 is accepted.
Hence, matter stands adjn for Order on NM no. 4342/19 to 28.01.2020.
Next Purpose: ORDER
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv. Pai for plaintiff present.
Adv. Gole for defendant present and filed reply to NM no. 4342/19. Copy served on other side.
Heard both sides on NM no. 4342/19.
Matter stands Adj for order on NM no. 4342/19 to 06.02.2020.
Next Purpose: ORDER
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: None present for plaintiff and defendant.
FRSR following order is passed on NM no. 4342/12
ORDER
1. Notice of Motion No. 4342/19 is hereby allowed and made absolute subject to plaintiff paying costs of Rs. 5,000/- to the defendants n. 1, 2 and 4 to 6/depositing the same in the court within four weeks from today.
2. If the above directions are complied with by the plaintiff, Suit no. 2418/12 along with Notice of Motion No. 2599/12 and order passed thereon shall stands restored.
NM stands disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 06-02-2020