Date: 16-12-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. for plaintiff filed additional affidavit in support of NM. t.o.r.
Adjd for hearing to 03.01.2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: Nobody present when called at 11.03 am
kb
Later on
Adv. for plaintiff present at 11.45 am.
Adv. for plaintiff requested to keep back the matter in afternoon session for argument stating that her senior will appear in afternoon.
Later on at 3.00 pm
Adv. Smt. Snehal Modi for plaintiff present.
Adv. Pawan Mishra for defendant present and filed vakalatnama on behalf of defendant. t.o.r.
The additional document is filed by plaintiff on 16/12/2019. However the same is not recorded in roznama dt. 16/12/2019. The documents are taken on record. It is marked as Exh-2.
Adv. for plaintiff stated that on 19/12/2019 she filed affidavit of service to the defendant. the interpreter has placed the said affidavit of service from the file. The affidavit of service filed by plaintiff on 19/12/2019 is not reflected in roznama dt. 19/12/2019. Hence the same is taken on record today.
Exh- 3 Affidavit of service.
The defendant are directed to file reply to notice of motion on 08/01/2020 failing which the notice of motion will proceed and will be heard without reply of defendant.
Adjd for hearing to 08/01/2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Adv. Pradeep More for plaintiff present.
Adv. Pawan Mishra for defendant present.
Adv. for defendant filed reply to notice of motion. t.o.r.
Adjd for hearing to 13/02/2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv. Snehal Modi for plaintiff present when called at 11.00 am.
Adv. for defendant No. 2 is present at 11.15 am.
Adv. for plaintiff filed affidavit in rejoinder. t.o.r.
Adv. for defendant No. 2 filed Written Statement. O- Read and recorded
Adv. for defendant No. 2 stated that the copy is served to the registered clerk of the Adv. for plaintiff
Adjd for arguments of notice of motion to 27/02/2020
Next Purpose: NM ARGUMENTS
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Called at 11 am
Adv. Snehal Modi for plaintiff present.
Kb
L.O. at 11.20 am
Adv. Anand Pandey for defendant present.
Adv. for plaintiff filed application cum affidavit in support of summary judgment. t.o.r
Adv. for plaintiff filed list of original documents.
Adjd for NM arguments to 12/03/2020.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Called at 11.07 am
Adv. Snehal Modi along with Adv. Pradeep More for plaintiff present.
None present on behalf of defendant.
Adv. for plaintiff filed draft chamber summons along with affidavit in support. O- Leave granted to register chamber summons.
Adv. for plaintiff stated that the application of summary judgment is received by Adv. for defendant fifteen days back
The defendant has to file reply to application for summary judgment within 30 days. Defendant absent. Hence kept back for some time.
L. O at 12.25 pm
Adv. Preeti Rawat for plaintiff present.
Adv. Anand M. Pandey for defendant present.
Adv. for defendant has shown the acknowledgment in application for summary judgment that he has received the copy on 27.02.2020.
Adjd for reply to application for summary judgment to 26/03/2020.
Next Purpose: REPLY
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: REPLY
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-07-2020
Date: 16-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: National Lockdown
Next Purpose: REPLY
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Court is on training.(11.00 a.m. to 01.00 p.m.)
Adjourned for Reply to 22.10.2020.
Judge
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Business: Suit is already adjd to 6/11/2020
Next Purpose: REPLY
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: Both parties and their Advocates are absent when called out.
Adjourned for reply to application for summary judgment on 11.12.2020.
Next Purpose: REPLY
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Next Purpose: REPLY
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv. Pradeep More for plaintiff prayed for time to file postal track report of deft. no. 3.
None for defendant.
Matter is adjd.to 11-02-2021 for steps.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv. Priti Rawat for plaintiff present.
None for defendant.
On perusal of Roznama, it is noticed that NM 4432/19 is not tendered by the plaintiff after registration. Plaintiff to produce the same.
Exh.5 – Service affidavit submitted by plaintiff wherein in view of RPAD acknowledgment, it is duly served on defendants 1 and 2. In view of postal track report, summons is delivered to defendant no.3, Hence suit to proceed (ex-parte) against defendants no. 1 and 3.
(W.S. of defendant no.2 is already marked Exh.4)
Matter is adjd.to 25.02.2021 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Nehal Modi for plaintiff present.
None for defendant.
Exh.5- Application submitted by plff for extension of two weeks to register draft ch/s delivered on 12.03.2020- Leave to register is extended for two weeks.
Exh.6- Application cum affidavit in support of summary Judgment submitted by plff. on 27.02.2020 is marked as Exh.6, copy is already served on Deft. no2 on same date.
Matter is adjd.to 11.03.2021 for steps and reply on
Exh.6.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv. Snehal Modi for plaintiff, submitted register Ch/s no. 431/21.
None for defendant.
Deft. to file reply on ch/s positively on next date.
Matter is adjd.to 25.03.2021 for reply on Ch/s and NM
hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 22.04.2021 for ch/s reply and NM
hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 14-07-2021 for CS Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 18.08.2021 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: Adv. Snehal Modi along with Pradeep More for plaintiff present and submitted that copy of C/S, Notice of Motion and Exh. 6 have been provided to defendant no. 2 on 12-03-2020, 13-03-2020 and 27-02-2020 Respectively and Adv. for defendant no. 2 made received signature at the back side of C/S, NM and Exh. 6. Adv. Pradeep More submitted that defendant no. 2 has not filed reply to any of these three proceedings.
On perusal of record, it appears that ex parte order is passed against defendant no. 1 and 2 on 11-02-2021. Defendant no. 2 has already filed written statement Exh. 4 on 04-01-2021. Defendant no. 2 has not filed the reply to C/S and Exh. 6. As defendant no. 2 failed to file reply within reasonable period to above referred C/S, C/S No. 431/21 is heard today without reply of defendant no. 2.
Heard Adv. Snehal Modi on C/S No. 431/2021.
None for defendant
On perusal of C/S, it appears that defendant no. 1 is unregistered partnership firm and defendants no. 2 and 3 are partners of the said firm. Contents in affidavit in support revels that proposed defendants no. 3 and 4 are also partners of the said firm. Therefore, they are necessary parties to the proceeding in view of their joint and several liability as per section 25 of the Indian Partnership Act, 1932. Hence, C/S No. 431/21 is made absolute in terms of prayer clause (a). The plaintiff is directed to carry out amendment as per schedule annexed with C/S within 14 days from today.
C/S No. 431/21 is disposed off.
Matter is adjd.to 25-11-2021 for Compliance (2.45pm)
LO
Adv. Nilima Mangaonkar for defendant present.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv. Pradeep More for plaintiff present and prayed for adjournment for filing affidavit of service - short date be given.
Adv. Atul Pande h/f Adv. Pawan Mishra for defendant no. 2 present.
Matter is adjd.to 10-03-2022 for affidavit of service
regarding defendants no. 4 and 5
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: None for plaintiff.
Adv. Nitesh Dubey for defendant no. 2 present.
KB LO
Adv. Pradeep More for plaintiff present and filed service
affidavit in respect of writ of summon t.o.r. and marked as
Exh. 8
Matter is adjd.to 11-04-2022 for order on Exh.8
Next Purpose: ORDER
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Adv. Priti Rawat for plaintiff present.
None for defendant no.2.
The plaintiff has already filed application for Summary Judgment (Exh.6) on 25/02/2021, but it has remained to be registered. Hence, application for Summary Judgment (Exh.6) filed on 25/02/2021 is directed to be registered in the relevant register and placed before this Court after registration.
Leave is granted to register Exh.6 as Application for Summary Judgment.
Matter is adjd.to 07-07-2022 for registration of Exh.6 as
Application for Summary Judgment and NM hearing
(2.45pm).
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Preeti Rawal for plaintiff present and filed registered summary judgment No 17/2022. T.O.R
None for defendant when called.
Adjd for reply to 04/08/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Pradeepkumar Vishwakarma for defendant no. 1 to 3 present.
Adv. Pradeep more for plaintiff present.
Both the advocates stated that settlement talks are going on. Hence seek adjournment.
Adjd for NM hearing to 25/08/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv. Atul Pandey for defendant NO. 1 to 3 present.
Adv. Pradeep More for plaintiff present.
Adjd for NM hearing to 15/09/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: Adv. Nitesh Dubey for defendant present.
L.O.
Adv. Raval for plff. present.
None for deft.
Adjd. to 03.11.2022 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: Adv. Pradeep More along with adv. Snehal Modi for plaintiff present and sough time for NM arguments. Granted as last chance.
Adv. Mitesh Dubey for defendant present.
Adjd for NM arguments to 17/11/2022
Next Purpose: NM ARGUMENTS
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: Adv. Priti Rawat for plaintiff present.
Adv. Pradeep Vishwakarma for defendant present and seeks time to argue NM.
Adjd for NM arguments to 01/12/2022
Next Purpose: NM ARGUMENTS
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Adv. Snehal Modi for plaintiff present.
None for defendant.
Court busy in hearing arguments on NM 3884/22
Adjd to 15.12.2022 for argument
LO
Adv. Atul Pande for defendant no.2 present
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: Adv. Aditi Dave for deft. Present.
Adv. Pradip More for plff. present.
Adv. for deft. Sought time for argument.
Granted as a last chance.
Adjd. to 05.01.2023 for argument on NM No. 4432/2019 and Summary Judgment 17/2022.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Adv. Snehal Modi for plaintiff present.
Adv. Aditi Dave defendant present
Heard arguments of adv. Snehal Modi for plaintiff on NM No. 432/19
Adjd for NM arguments of defendant to 11/01/2023
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv. Pradeep More for plaintiff is present.
None for defendant.
Defendant not argue the NM. Defendant is directed to argue the NM on next date otherwise further order will be passed.
Case is adjourned for argument of defendant on NM to 02-02-2023.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: Adv. Pradeep More for plaintiff is present.
Adv Ajay Pal h/f Adv. Atul Pandey for defendant is present and sought time for hearing. Plaintiff objected for adjournment. Last chance granted for NM hearing.
Case is adjourned for NM hearing to 23-02-2023.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: Adv. Pradeep More for plaintiff is present.
None for defendant.
KB L.O. at 3.17 am
None for defendant.
Plaintiff has argue the matter on 05-01-2023. Since then matter is pending for argument of defendant on NM. Sufficient opportunity already given to the defendant to argue the NM. Hence, NM proceeded further without argument of defendant.
Case is adjourned for NM order to 06-03-2023.
Next Purpose: NM ORDERS
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Adv. Pradip More for plaintiff present.
None for defendant.
PO is busy in dictating order in Commercial Summary Suit 49/2021, Commercial Suit 147/2022 and dictating Ex-parte Judgment in Commercial Summary Suit 30/2021.
Case is adjourned on 13.03.2023 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: Adv. Pradeep More for plaintiff is present.
None for defendant.
Court is busy in NM hearing on NM 4198 of 22, 166 of 22, 4985 of 22 and 4986 of 22 and dictating judgment in Commercial Suit No. 95 of 22.
Case is adjourned for NM order to 21-03-2023.
Next Purpose: NM ORDERS
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: Adv. Pradip More for plaintiff present.
None for defendant.
Court is busy in passing order in Commercial Suit 129/23 and Hearing arguments in NM 1097/23 in Commercial Suit 113/23. Hence adjourned.
Case is adjourned to 27.03.2023 for NM orders.
Next Purpose: NM ORDERS
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Adv. Pradip More for plaintiff present.
None for defendant.
Court is busy in hearing arguments in NM 4692/22 and passing orders in NM 1939/22. Hence adjourned.
Case is adjourned to 28.03.2023 for NM orders.
Next Purpose: NM ORDERS
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: None for defendant.
Adv. Pradeep More for plaintiff present.
F.R.S.R. Following order is passed in NM No. 4432 of 2019.
ORDER
1. The Notice of Motion No. 4432 of 2019 in Commercial Suit. No. 191 of 2019 stands dismissed.
2. Parties to bear their respective costs.
3. The proceeding of Notice of Motion No. 4432 of 2019 is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 28-03-2023