Mr. Gopal Kisansingh MaliyeVsMr. Mangal Kisansingh Maliye

Date: 22-10-2018
Business: plff. present.
deft. and his adv. absent.
On request of plff. Matter is adjd. to.  25.01.2019 for hearing on N/M No. 3857/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2019

Date: 25-01-2019
Business: Adv. for plff. present.
deft. and his adv. absent.
As court is busy in dictating judgment in old suit No.3696/08 Matter is adjd. to. 15.02.2019 for hearing on N/M No.3857/17
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2019

Date: 15-02-2019
Business: Plff. is present.
deft. and his adv. absent.
On request of plff. Matter is adjd. to. 20.04.2019 for hearing on N/M No.3857/18
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2019

Date: 20-04-2019
Business: Adv. Sandip Singh for pltff present.
Defendant present and has filed application. TOR and marked as Exh.8. Copy served on Adv. of pltff.
Matter is adjd. to 14.06.19 for reply on Exh.8 and hearing on NM 3857/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: As court busy in hearing time bound Misc appeal 114/19 to 130/19. Hence board is discharged.
Matter is adjd. to. 09/08/2019  for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: As court is vacant, hence board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Plff present.
Deft present.
Plff filed reply to application Exh.7. TOR.
Copy served to other side.
Plff is directed to registered N/M on record.
Adjd for NM Reply to 23.01.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-01-2020

Date: 23-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Court is on leave, hence board is discharge.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-04-2020

Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-05-2020

Date: 21-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19)
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-07-2020

Date: 14-07-2020
Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principle Judge, Bombay CIty Civil Court in the back drop of outbreak of Novel Coronavirus (COVID -19) the matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-10-2020

Date: 13-10-2020

Date: 16-01-2021
Business: already adj to 04.02.2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: None present.
Plaintiff has not tendered original NM  3857/18 and has not filed rejoinder.
The case is adjourned to 11.03.2021 for  NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Court is on leave. Board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
The case is adjourned to 24.06.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: Matter called out at 3.28 p.m.
None present.
Matter stands adjourned to 21.10.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: None present.
Matter stands adjourned to 30.11.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Business: Matter called out at 3.30 p.m.
Plaintiff in person present. He is seeking time. Time granted.
None present for defendant.
Matter stands adjourned to 29.01.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 29-01-2022

Date: 29-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: Matter called out at 4.11 p.m.
Adv. I. S. Yadav for plaintiff present. He tendered reg. NM No. 3857/18. TOR.
None present for defendant.
Matter stands adjourned to 24.06.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Plaintiff in person present.
None for defendant.
Matter stands adjourned to 08/08/2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: None present.
Put up for dismissal of NM.
Matter stands adjourned to 13.10.2022 for NM dismissal.
Later on mentioned at 3.54 p.m.
Plaintiff in person present.
Already adjourned to 13.10.2022.
Next Purpose: REPLY
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Adv. I. S. Yadav for plaintiff present.
None present for defendant.
The application (Exh.6 and Exh.7) stands disposed of for non-prosecution.
Heard the advocate of plaintiff on NM No.3857/2018. He is seeking modification and correction of order dated 23.04.2018 whereby the defendants WS was taken on record and marked as Exh.05 and to take action against advocate of defendant.   It appears that the plaintiff want de-exhibit the WS, which is not permissible in law. So also it appears that WS is filed after delay of 5 months. However, without bringing to the notice of court, WS is take on record and exhibited. No doubt, there is a procedural default committed by the defendant. But it is well settled that the procedural aspect should not be an obstacle in the administration of justice. Once the document is exhibited it cannot be de-exhibited.
The prayer regarding the action against the advocate for defendant depends on the proof of intention of the said advocate. Hence, this prayer cannot be considered at this stage. Consequently I proceed to pass the following order.
NM No.3857/2018 is dismissed.
Put up for issues.
Matter stands adjourned to 06.12.2022 for issues.
Nature Of Disposal: OTHERWISE
Disposal Date: 13-10-2022

Main Case No: SUIT/0100895/2017
Main Cnr: MHCC010130362015
Main Filing No: 111447

Registration Number: 103857/2018
Transfer Date: 15-01-2021
From Court: 4 - COURT 04 ADDL SESSIONS JUDGE
To Court: 3 - COURT 03  ADDL SESSIONS JUDGE

Filing Number: 113939/2018
Filing Date: 11-10-2018
First Hearing Date: 22nd October 2018
Decision Date: 13th October 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE