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Commercial Suit

Amarnath Bhaskar Yadav +3 moreVsIrfan Akramullah Mailk +2 more

CNR MHCC01012388201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th June 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100549/2021
Registration Date
28 Nov 2019

Advocates

2

For Respondent

    Not available

    Parties

    7

    Acts & Sections

    1
    Hindu Marriage Act · Sec 38 · 39

    Case History / Proceedings

    Case History
    Date: 30-11-2019
    Business: Adv. Madhvi Mahadik for plff present.
    Adv. Chaudhari for defts present.
    Adv. Pisal for applicant present.
    Advocate for plff tendered registered N/M No.4544/19  alongwith affidavit in support. TOR.
    Copies served to other side.
    On oral request of advocate for plaintiff, last chance is granted for reply on Ch/s No. 2039/19 to 06.12.2019.
    Earlier Order, if any, to continue till the next date.
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: Adv. Donde for plff present.
    Adv. Chaudhari for deft present.
    Adv. Mishra for applicant present.
    Advocate for plff filed reply to Ch/s No. 2039/19. TOR.
    Advocate for deft filed reply to Ch/s No. 2039/19. TOR.
    Copies served to advocate for applicant.
    Advocate for deft tendered registered N/M No.4587/19  alongwith affidavit in support. TOR.
    Copy already served to other side.
    Adjd for N/M reply and Ch/s hearing to 19.12.2019.
    Earlier Order, if any, to continue till the next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: As court is vacant, hence board is discharge.
    Matter is adjd. 03.01.2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-01-2020
    
    Date: 03-01-2020
    Business: Adv. Donde for plaintiff present and tendered reply to NM No. 4587/19 and rejoinder  in NM No. 4544/19. Copy served to other side.
    Adv. Nayan Chipale for defendant present.
    Adv.  Bhagavan Mishra for applicant present.
    KB LO
    Heard both side in on  NM No. 4587/19.
    Earlier order, if any, to continue till next date.
    Adjd to 10-01-2020 for NM No. 4587/19 order and C/S Hearing .
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Adv. Sarita Donde for plaintiff present.
    Adv. Nayan Chiple for deft present.
    Adv. Shailendra Mishra for applicant present.
    Earlier Order, if any, to continue till the next date.
    Adjd to 15.01.2020 for Order on NM No.4587/19 and Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: Adv. Dondhe for plaintiff present.
    Adv.  Chiple   for defendant no. 1 present.
    Adv.  Mishra   for applicant present.
    F.R.S.R. following order on N/M No. 4587/19  is passed -
    Order -
    1) Notice of Motion No. 4587of 2019 is dismissed.
    2) Costs in cause.
    Earlier order, if any, to continue till next date.
    Adjd to  05-02-2020 for C/S Hearing .
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv. Donde   for plaintiff present.
    Adv.   Chipade  for defendant present.
    None for applicant.
    On oral request of Ld. Adv. for plaintiff adjournment granted.
    Earlier order, if any, to continue till next date.
    Adjd to 19-03-2020 for NM and C/S Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Adv.Vidya Bhosale for plaintiff present
    None for defendant
    In view of the advisory and guidelines issued by Hon\''ble High Court related to Corona virus, matter is adjourned to 12 /06/2020 at 2.45 pm for hearing on ch/s and notice of motion. Earlier order if any to continue till the next date.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjd to 11.12.2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-12-2020
    
    Date: 11-12-2020
    Business: None present.
    The matter is adjd for hearing on Ch/sum and N/M to 10.02.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: None for plaintiffs.
    Adv. Tripathi for deft. nos.1 and 2 present.
    Adjourned as a last chance for plaintiff for hearing on N/M and also last chance for applicant in Ch/sum for hearing on Ch/sum.
    The matter is adjd for hearing on N/M and Ch/sum to 09.03.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Adv. Mahadik h/f. Adv. Sarita Donde for plaintiff present.
    Adv. Shamshad Ahmed for defts. present.
    Plaint.
    Vakalatnama.
    Memorandum of address.
    List of documents.
    Vakalatnama filed by counsel for deft. on 20.11.19.
    Vakalatnama filed on behalf of applicant on 13.11.19.
    Application for continuation of earlier order.
    O. - Read application.  Heard.  Considering the reason, the order dated 25.10.2019 is extended till next date.
    Last chance is granted to applicant to argue on Ch/sum.
    The matter is adjd for hearing on Ch/sum to 26.04.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-08-2021
    
    Date: 03-08-2021
    Business: P.O. is on leave. The matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Adv. Sarita Donde for plaintiff present.
    Adv. Farooq Chaudhary for deft. present.
    Applicant in Ch/sum no.2039/19 is absent.  Matter is pending for hearing on Ch/sum since last so many dates. Last chance is granted to the applicant in Ch/sum no.2039/19 for hearing on Ch/sum.
    Earlier order, if any, to continue till next date.
    The matter is adjd for hearing on Ch/sum to 24.09.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Adv. Madhavi Mahadik i/b. Adv. Sarita Donde for plaintiff present.
    Adv. Farooq Chaudhari for defts. present.
    Earlier order, if any, to continue till next date.
    On oral request of Adv. For plaintiff, the matter is adjd for hearing on N/M and Ch/sum to 25.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Adv. Sarita Donde for plaintiff present.
    None for deft.
    None for applicant in Ch/sum no.2039/19.
    Earlier order, if any, to continue till next date.
    Parties are directed to argue on Ch/sum, otherwise, Court shall proceed to decide it on merits.
    The matter is adjd for hearing on N/M and Ch/sum to 12.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Adv. Sarita Donde for plaintiff present.
    Adv. Farooq Chaudhary for deft. nos.1 and 2 present.
    Heard Adv. For plaintiff and Adv. For deft. nos.1 and 2 on Ch/sum no.2039/19.
    Adv. For applicant in Ch/sum no.2039/19 is absent.
    Earlier order, if any, to continue till next date.
    The matter is adjd for order on Ch/sum no.2039/19 to 16.11.2021.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Adv. Madhavi Mahadik h/f. Adv. Sarita Donde for plaintiff present.
    Adv. Farooq Chowdhary for deft. nos.1 and 2 present.
    F.R.S.R. following order is passed below Ch/sum no.2039/19 -
    ORDER
    1.  Ch/sum no.2039/19 is made absolute in terms of prayer clause (a).
    2.   Plaintiffs are directed to carry out amendment within 14 days from today.
    3.    No order as to costs.
    4.    Ch/sum no.2039/19 is disposed of accordingly.
    
    Earlier order, if any, to continue till next date.
    The matter is adjd for compliance and N/M hearing to 30.11.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-11-2021
    
    Date: 30-11-2021
    Business: Adv. Sarita Donde for plaintiff present.
    Adv. For plaintiff sought time for compliance of order dated 16.11.2021. O. - Time is granted for compliance of order dated 16.11.2021 till next date.
    Earlier order, if any, to continue till next date.
    The matter is adjd for compliance to 17.12.2021.
    L.O. at 03.05 pm.
    Adv. Farooq Chaudhary for deft. nos.1 and 2 present.
    The matter is already adjd for compliance to 17.12.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: Adv. Sarita Donde for plaintiff present.
    Plaintiff has complied order dated 16.11.2021.
    Earlier order, if any, to continue till next date.
    The matter is adjd for N/M hearing to 14.01.2022.
    L.O. at 02.55 pm.
    Adv. Farooq Chaudhary for deft. nos.1 and 2 present.
    The matter is already adjd for N/M hearing to 14.01.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2022
    
    Date: 14-01-2022
    Business: Adv. Sarita Donde for plaintiff present.
    Adv. Shamshad Ahmed for deft. nos.1 and 2 present.
    Earlier order, if any, to continue till next date.
    In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for N/M hearing to 11.02.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: Adv. Sarita Donde for plaintiff present.
    Earlier order, if any, to continue till next date.
    In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for N/M hearing to 11.03.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: Adv. Sarita Donde for plaintiff present.
    Adv. Farooq Chaudhary for defts. present.
    Earlier order, if any, to continue till next date.
    By consent, the matter is adjd for N/M hearing to 28.03.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Adv. Sarita Donde for plaintiff present.
    Adv. Farooq Chaudhary for deft. nos.1 and 2 present.
    Adv. For defts. sought adjournment for hearing on N/M. Adjournment as prayed for is granted.
    Earlier order, if any, to continue till next date.
    The matter is adjd for N/M hearing to 28.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: Adv. Vidya Bhosle h/f. Adv. Sarita Donde for plaintiff present.
    None for deft.
    Deft. is absent, therefore, matter is adjourned for hearing on N/M.
    Earlier order, if any, to continue till next date.
    The matter is adjd for N/M hearing to 13.06.2022.
    L.O. at 03.50 pm.
    Adv. Krishnaprasad h/f. Adv. Farooq Chawdhary for deft. nos.1 and 2 present.
    The matter is already adjd for N/M hearing to 13.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: None for plaintiff.
    Adv. Farooq Chaudhary for defts. present.
    Ld. counsel for defts. submit that defendants have challenged order of this Court passed in N/M No.4587/2019 dated 15.01.2020.  Said N/M was taken out as per Order 7 Rule 11 of C.P.C.  Order-sheet shows that Predecessor of this Court passed interim order on N/M No.4544/19 on 25.10.2019.  Since then, matter is pending for hearing of N/M No.4544/19.  Parties are directed to argue N/M No.4544/19 on next date without fail.
    Earlier order, if any, to continue till next date.
    The matter is adjd for hearing on N/M No.4544/19 to 24.06.2022.
    L.O. at 03.20 pm.
    Adv. Sarita Donde for plaintiff present.
    The matter is already adjd for hearing on N/M No.4544/19 to 24.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: Adv. Vidya Bhosle i/b. Adv. Sarita Donde for plaintiffs  present.
    Adv. Farooq Chaudhary for defts. present.
    Adv. For plaintiffs submits that senior advocate went to her native place to attend last rites of her relative.  She prayed for an adjournment.  Considering the reason stated by Adv. appearing on behalf of plaintiffs, an adjournment is granted for today as a last chance.
    Earlier order, if any, to continue till next date.
    By consent, the matter is adjd for N/M hearing to 28.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: Adv. Sarita Donde for plaintiff present.
    Power of attorney holder of plaintiff present.
    Adv. Madhav Suryawanshi for deft. no.3 present.
    Exh.8 - Vakalatnama of Adv. Madhav Suryawanshi is filed on behalf of deft. no.3.  T.O.R.
    Adv. For deft. no.3 submits that copies of the plaint and documents annexed with plaint are not served upon him.  Plaintiff is directed to serve copy of the plaint and documents annexed with the plaint to Adv. For deft. no.3.
    Adv. For plaintiff submits that there is element of settlement. She prayed for referring the matter to        Lok-Adalat.  Matter be kept before ensuing Lok-Adalat.
    Earlier order to continue till 23.08.2022.
    The matter is adjd for Lok-Adalat to 13.08.2022.
    L.O. at 03.10 pm.
    Adv. Farooq Chaudhary for deft. nos.1 and 2 present.
    The matter is already adjd for Lok-Adalat to 13.08.2022.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: NATIONAL LOK-ADALAT HELD ON 13/08/2022 (Panel-12)
    Matter pertains to C.R.No.14
    None present for plaintiff.
    None present for defendant.
    Matter Adjd to 21/09/2022 in regular court.
    Adv. Sachin Kamble-Panel Member
    Adv. Jating Jamkhandi-Panel Member
    H.H.J. Shri S. M. Tapkire-Panel Head
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: By preceipe.  O. - Be taken on today\''s board.
    Adv. Sarita Donde for plaintiffs present.
    Adv. For plaintiffs prayed for continuing earlier order till next date.
    Earlier order is in force till today.  Therefore, earlier order is continued till 21.09.2022.
    The matter is already adjd to 21.09.2022 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: CORAM - H.H.J. SHRI N. P. TRIBHUVAN, JUDGE, CITY CIVIL COURT (C. R. NO. 32)
    ( Matter pertains to Court No.14. )
    Adv. Sarita D. Donde for plaintiff present.
    Adv. Farooq Choudhary for deft. Nos.1 and 2 present.
    Adv. for plaintiffs prayed for continuing earlier order till next date.
    Earlier order is in force till today.  Therefore, earlier order in continued till 19.10.2022
    The matter is adjd for N/M hearing to 19.10.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: CORAM - H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
    (COURT ROOM NO. 31)
    Matter pertains to court room no. 14
    Adv. Sarita Donde for plaintiff present.
    Adv. Shajat Puri h/f Farooq Choudhary for defendant NO. 1 and 2 present.
    Adv for plaintiff prayed for continuing earlier order till next date.
    Earlier order is in force till today. Therefore, Earlier order is continued till 17.11.2022
    Adj for N/M Hearing to 17.11.2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: CORAM - H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
    (COURT ROOM NO. 31)
    Matter pertains to court room no. 14
    Adv. Sarita Donde for plaintiff present.
    Adv. Farooq Choudhary for defendant no. 1 and 2 present.
    Both parties submitted that earlier order be continued till next date.
    Earlier order is in force till today. Hence Earlier order , to continue till next date.
    Adjd for NM hearing to 20/12/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: CORAM : H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
    (COURT ROOM NO. 31)
    Matter pertains to C. R no. 14
    Adv. Sarita Donde for plaintiff present and submitted for earlier order to be continued.
    Adv. Farooq Choudhary for defendant no. 1 and 2 present and has no objection for continuation for earlier order.
    Earlier order is in force till today. Hence Earlier order to continue till next date.
    Adjd for NM hearing to 05/01/2023 in morning session
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2023
    
    Date: 05-01-2023
    Business: CORAM - H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
    (COURT ROOM NO. 31)
    Matter pertains to Court Room No. 14
    Adv. Sarita Donde for plaintiff present.
    None for defendant when called.
    Earlier order is in force hence earlier order is continued till next date.
    Adjd for NM hearing to 24/01/2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2023
    
    Date: 24-01-2023
    Business: Coram: H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
    Matter pertaining to CR No.14.
    Adv. Aqsa siddique h/f Sarita Donde Present for Plff.
    Adv. Faruq Choudhary Present for Deft no.1 and 2.
    Earlier order is in force till today. Hence it is continued till next date.
    Adj. For Hearing on NM 4544/19 on 22/02/2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: Matter pertains to C.R. No. 14.
    Adv Kedar Prabhu h/f Adv. Sarita Donde for plaintiff is present.
    None for defendants.
    The earlier order is in force hence, it is continued till next date. Parties are directed to argue the interim application on next date as matter is pending for hearing from 2019.
    Case adjourned for NM hearing to 20-03-2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2023
    
    Date: 20-03-2023
    Business: Matter pertains to C.R. No.14
    Adv. Sarita Dhonde for plaintiff present.
    Adv. Farooq Chaudhari for defendant no.1 and 2 present.
    Both parties are directed to argue the NM on next date. Interim order is passed in 25.10.2019 and since then it is pending.
    Earlier order is in force till today. Hence it is continued till next date.
    Case is adjourned to 27.03.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: Matter pertains to C.R. No.14
    Adv. Kedar Prabhu h/f Sarita Gonde for plaintiff present.
    Adv. Shamshad Ahmad a/w Adv. Farooq A Chaudhary for defendant no.1 and 2 present.
    LO at 5.00 pm
    Both parties sought time for argument on NM. Both parties are directed to argue the matter tommorrow. Other wise further order will be passed.
    Case is adjourned to 28.03.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: Adv.Saritha Donde for plaintiff present.
    Adv. Farukh Choudhari for defendant 1 & 2present.
    Heard argument of ld advocate plaintiff. Ld. Adv. for defendant sough time to argue the matter time granted.
     Earlier order is in force till today. Hence it is continued till next date.
    Case is adjourned to 29.03.2023 for argument on behalf of defendant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-03-2023
    
    Date: 29-03-2023
    Business: Matter pertains to C.R. No.14
    Adv. Sarita Dhonde for plaintiff present.
    Adv. Farooq Chaudhary for defendant for defendant no.1 and 2 present.
    Heard arguments of both sides on NM No. 4544/19
    Earlier order is in force till today. Hence it is continued till next date.
    Case is adjourned to 03.04.2023 for order on N/m.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: Matter pertains to C.R. No. 14.
    Adv. Kedar Prabhu h/f Adv. Sarita Dhonde for plaintiff is present.
    Adv. Subhas Mishra h/f Adv. Farukh Choudhari for defendant nos. 1 and 2 is present.
    Court is buys in dictating judgement in Commercial summary 441 of 22 and dictating order in CS no. 401 of 2023.
    Earlier order is in force till today. Hence it is continued till next date.
    Case is adjourned for NM order to 13-04-2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: Matter pertains to CR-14.
    Adv. Kedar Prabhu h/f Adv. Sarita Donde for plaintiff present.
    Adv.Farooq Choudhary for defendant No.1 and 2 present.
    Earlier order is in force till today.
    Hence it is continued till next date.
    Case adjourned to 20.04.2023 for order on NM No.4544/22.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: Matter pertains to C.R. No. 14.
    Adv. Kedar Prabhu for plaintiff is present.
    Adv. Nidhi Nair h/f Adv. Farooq Chowdhary for defendant nos. 1 and 2 is present.
    Court is busy in dictating order in NM No. 1105/23 and 2600/22 and hearing in CS 630/23.
    Earlier order if any continued till next date.
    Case is adjourned for NM order to 25-04-2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: Matter pertains to C.R. No. 14.
    Adv. Sarita Donde for plaintiff is present.
    Adv. Shamshad Ahmed h/f Farooq A. Chowdhary for defendant nos. 1 and 2 is present.
    Court busy in hearing in NM 1603/23, dictating NM order in NM 1603/23, dictating judgment in commercial suit 181/22, commercial summary 280/22.
    Earlier order if any is continued till next date.
    Case is adjourned for NM order to 28-04-2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: Matter pertains to C.R. No. 14.
    Adv. Sarita Donde for plaintiff is present.
    Adv. Chandrakant Tiwari h/f Farooq A. Choudhary for defendant nos. 1 and 2 is present.
    Court busy in passing order.
    Earlier order if any continued till next date.
    Case is adjourned for NM order to 02-05-2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: Matter pertains to C.R. No. 14.
    Adv. Sarita Donde for plaintiff is present.
    Adv. Nidhi Nair h/f Adv Farooq Chowdhary for defendant nos. 1 and 2 is present.
    Court is busy in passing order and judgments.
    Earlier order if any is continued.
    Case is adjourned for NM order to 03-05-2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: Matter pertains to C.R. No. 14.
    None for plaintiff.
    Defendant no.1 is present.
    Adv Nidhi Nair h/f Adv.Faroq Chowdhary for defendant no.1 and 2 is present.
    Court is busy in passing order and judgement.
    Earlier order if any continued till next date.
    Case is adjourned for NM order to 04-05-2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-05-2023
    
    Date: 04-05-2023
    Business: Matter pertains to C.R. No. 14.
    Adv. Kedar Prabhu for plaintiff is present.
    Adv. Nidhi Nair h/f adv Farooq Chowdhary for defendant nos. 1 and 2 is present.
    Earlier order if any continued till next date.
    Court is buys in passing order and judgement.
    Case is adjourned for NM order to 06-06-2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: CORAM :- H.H. THE ADDL.SESSIONS JUDGE SHRI. A.S. SALGAR
    (Court Room No. 24)
    As per order of Hon\''ble Principal Judge, matter is assigned to this Court.
    Matter pertaining to Court Room No.14.
    Advocate Ms.Sarita Donde for plaintiff present.
    Advocate Mr.Shamshad Ahmad for defendant nos.1 and 2 present.
    KB
    Later on
    As Court is busy in dictating Judgment in Commercial Summery    No. 449/2022 and 59/2022. Due to paucity of time. Hence, matter is adjourned.
    Earlier order, if any, to continue till next date.
    Matter is adjourned for NM Order to 08-06-2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-06-2023
    
    Date: 08-06-2023
    Business: CORAM :- H.H. THE ADDL.SESSIONS JUDGE SHRI. A.S. SALGAR
    (Court Room No. 24)
    None for plaintiff.
    Advocate Mr.Shamshad Ahmad for advocate Farooq A. Chowdhary for defendant nos.1 and 2 present.
    KB
    Later on
    As Court is busy in dictating Judgment in NM No.876/2023 in  Commercial Suit No.129/202 and dictating order in                                  SC No.128/2022. Due to paucity of time.
    Earlier order, if any, to continue till next date.
    Matter is adjourned for NM Order to 09-06-2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-06-2023
    
    Date: 09-06-2023
    Business: Advocate Kedar Prabhu h/f advocate Sarita Donde for plaintiff present.
    Advocate Nidhi Nair h/f advocate Farooq A. Chowdhary for defendant nos.1 and 2 present.
    KB
    Later on
    As Court is busy in recording evidence in SC 361/2017, and other matter. Due to paucity of time.
    Earlier order, if any, to continue till next date.
    Matter is adjourned for NM Order to 13-06-2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: Matter pertaining to Court Room No.14.
    Advocate Sarita Donde for plaintiff present.
    Advocate Divesh Tripathi for defendant present.
    Court is busy in recording statement of Accused in Session Case no.797/2014. Due to paucity of time.
    Earlier order, if any, to continue till next date.
    Matter is adjourned for NM orders to 15-06-2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: Matter pertaining to Court Room No.14
    Advocate Sarita Donde for plaintiff present.
    Advocate Kedar Prabhu h/f advocate Sarita Donde for plaintiff present.
    Advocate Farookh Chowdhary for defendant no.2 present.
    Court is busy in hearing argument in SC 704/2020 and CRI REV APP 1219/2017. Due to paucity of time. Earlier order, if any, to continue till next date.
    Matter is adjourned for NM orders to 17-06-2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-06-2023
    
    Date: 17-06-2023
    Business: Advocate Kedar Prabhu h/f advocate Sarita Donde for plaintiff present.
    Advocate Mr.Farooq Chowdhary for defendant nos.1 and 2 present.
    KB
    Later on at 05:00 pm
    As Court is busy in dictating Judgment in Session Case no.1073/2019, etc. Due to paucity of time.
    Earlier order, if any, to continue till next date.
    Matter is adjourned for NM orders to 21-06-2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: Advocate Kedar Prabhu h/f advocate Sarita Donde for plaintiff present.
    Advocate Mr.Farooq Chowdhary for defendant nos.1 and 2 present.
    As Court is busy in recording accused statement u/s 313 of Cr.P.C. in Session Case No. 616/2017 and dictating order in                              NM No. 4692/2022 and NM No. 4993/2022. Due to paucity of time.
    Earlier order, if any, to continue till next date.
    Matter is adjourned for NM Order to 23-06-2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: None for plaintiff.
    Advocate Mr.Farooq Chowdhary for defendant nos.1 and 2 present.
    As Court is busy in dictating order in NM 4859/2022 and recording evidence in Session Case No.639/2012. Due to paucity of time.
    Earlier order, if any, to continue till next date.
    Matter is adjourned for NM Order to 27-06-2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: Advocate Mrs. Sarita Donde for plaintiff present.
    Advocate Mr. Farooq Chowdhary @ Adv. Samshad Ahemad for defendant nos.1 and 2 present.
    F.R.S.R. Following order is passed in
    Notice of Motion No.4544/2019
    ORDER
    1. Notice of Motion No.4544/2019 in Commercial Suit No.549/2021 is allowed in terms of prayer clause (a) and (b).
    2.  The defendants or their servants or their agents are hereby temporarily restrained from causing any obstruction to the possession of plaintiff over the suit premises till disposal of suit.
    3.  The defendants are directed not to enter the suit premises and not to evict the plaintiff from the suit premises without following the due process of law till disposal of the suit.
    4.  Proceeding of Notice of Motion No.4544/2019 in Commercial Suit No.549/2021 is closed.
    Entire R and P of Commercial Suit No.549/2021 be sent back to Court Room No.14 alongwith                        NM No.4544/2019 and Separate Order passed in NM No. 4544/2019, dated  27-06-2023.
    Matter is adjourned for framing issues to 28.07.2023.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 28-07-2023
    
    Date: 28-07-2023
    Business: Amarnath Bhaskar Yadav Vs Irfan Akramullah Mailk
    Matter received under transfer from Court Room No. 14
    All called, but absent.
    Perused roznama Dt. 27.06.2023.
    It mentions that, the suit is adjourned for framing of issues. However, perusal shows that till date the defendant have not filed their Written Statement. Hence, suit to proceed without Written Statement of defendant.
    Parties to take appropriate steps.
    Matter adjourned to 27.10.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-10-2023
    
    Date: 27-10-2023
    Business: Amarnath Yadav V/s Irfan Malik
    Plaintiff side called, but absent.
    Defendant side called, but absent.
    In view roznama Dt. 28.07.2023, plaintiff to take further appropriate steps regarding evidence.
    Later on at 12.40 Hrs.
    Adv. Sarita Donde present for plaintiff.
    Case adjourned to 08.11.2023 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-11-2023
    
    Date: 08-11-2023
    Business: Amarnath Bhaskar Yadav Vs Irfan Akramullah Mailk
    All called, but absent.
    Plaintiff granted last opportunity to take steps
    Put for dismissal order
    Case adjourned to 04.12.2023 for dismissal.
    Later on at 12:00 Hrs.
    Adv. Sarita Donde present for plaintiff.
    She submitted that matter is undergoing settlement.
    Case adjourned to 04.12.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-12-2023
    
    Date: 04-12-2023
    Business: Amarnath Bhaskar Yadav Vs Irfan Akramullah Mailk
    Adv. Ms. Sarita Donde present for plaintiff.
    She submitted that compromise talks are going on.
    Case adjourned to 09.12.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 09-12-2023
    
    Date: 09-12-2023
    Business: Ld.Adv. Kedar Prabhu for plaintiff present.
    None present for defendant.
    Matter adjd to 20.02.2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: None present for plaintiff and defendant.
    Previously it was kept in lok adalat, thus it be referred to lok adalat to be held on 03/03/2024.
    O- Issue notices to both the parties.
    Matter stands Adj for Lok-adalat on 03/03/2024.
    LO at 1.22 pm
    Adv Kedar Prabhu for plaintiff present.
    Matter already Adj on 03/03/2024.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 03-03-2024
    
    Date: 03-03-2024
    Business: NATIONAL LOK-ADALAT HELD ON 03/03/2024 (Panel-XIII)
    Matter pertaining to C.R. No. 14
    Both parties and their advocates are absent.
    Matter Adjd to 16/04/2024.
    Prof. Ms. Vanita Agarwal                            H.H.J. S.P. Pingle
           Panel Member                                          Panel Head
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: None present for plaintiff.
    Matter be kept for dismissal order.
    Matter stands Adj for Dismissal Order on 15/06/2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-06-2024
    
    Date: 15-06-2024
    Business: None present for plaintiff.
    Today the matter is under the caption of dismissal order.  Record shows that since 04/12/2023 none present for the plaintiff.  Today also none present for the plaintiff when called repeatedly.  It seems that the plaintiff has lost interest in the matter.  Hence, the suit stands dismissed for default.
    LO at 15.18 pm
    Adv Kedar Prabhu for plaintiff present.
    He filed an application for restoration of suit. t.o.r. marked as Exh. 09.  O- Seen.
    It is submitted that the Ld. Adv for the plaintiff was under the bonafide belief that the matter is in afternoon session. When he reached at 2.45 pm, it was learnt that the suit was dismissed in the morning session.  It is further submitted that the advocate on record is unable to attend the matter as she is suffering from Acute Sciatica.  It was bonafide mistake and thus suit may kindly be restored to its original number. Heard.
    It is to be noted that there is no notice of motion or any urgent application pending in the matter therefore, question of keeping the matter in afternoon session does not arise.  So far as illness of Ld. Advocate on record is concerned, the application is not supported by any certificate.  Herein it is to be seen that since 04/12/2023, no steps taken by the plaintiff with the matter.  It is a Commercial Suit which is pending since 2021, thus, needs to be disposed of expeditiously.  Now in such circumstances and considering the fact the application moved today itself, thus for interest of justice, I am of the view that the application needs to be allowed by imposing some costs.  Thus the following order -
    1. The application (Exh. 09) stands allowed subject to cost of Rs. 5000/- to be paid to DLSA, Mumbai within 15 days from the date of order.
    2. Upon payment of cost suit be restored to its original number.
    3. Needless to say payment of cost is a condition precedent, failing which order stands automatically vacated.
    4. Application (Exh. 09) stands disposed of.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 15-06-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 111780/2019
    Filing Date: 25-10-2019
    First Hearing Date: 30th November 2019
    Decision Date: 15th June 2024
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    15 Jun 2024

    Order Details: Other Pdf Text: 15.06.2024 05 CORAM : H. H. J. Shri. V. D. KEDAR, JUDGE (C. R. No. 14) Com Suit 549/2021 Exh. 09 None present for plaintiff. Today the matter is under the caption of dismissal order. Record shows that since 04/12/2023 none present for the plaintiff. Today also none present for the plaintiff when called repeatedly. It seems that the plaintiff has lost interest in the matter. Hence, the suit stands dismissed for default. LO at…

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