Date: 16-12-2019
Business: Court is vacant, board is discharge.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: None present.
As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
Matter adjd for service affidavit to 10-07-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Already adjd to 04/02/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2021
Date: 28-01-2021
Business: Already adjd to 04/02/2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv. Shradha Agrawal for plaintiff present.
Adjd for compliance to 01/03/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Wrongly on board
Already adjd to 03-05-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Wrongly on board. already adjd to 07.10.2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv.Shraddha Agarwal for plaintiff present.
None present for defendant.
Adv. of plaintiff filed draft chamber summons a/w. affidavit in support. O-Leave granted to register draft chamber summons.
Heard Adv. of plaintiff on draft chamber summons.
ORDER ON DRAFT CHAMBER SUMMONS
This chamber summons is taken out by the plaintiff requesting to pass order permitting the plaintiff to serve the suit summons by way of substituted service on defendant No.1 and 2 by publishing the same in the newspaper. Heard the Ld. advocate for the plaintiff. Gone through the affidavit of service Exh.5. Read the endorsement on envelopes. It mentioned that addresses are not correct. Read the documents in the suit which shows the same address of the defendants. Therefore, it is the last known address of the defendants. There is no likelyhood that the defendants will be found at their addresses within reasonable time. Hence, on the said addresses of the defendants the service of summons can be effected by pasting in addition to the paper publication. Hence, I passed the following order.
ORDER
1. Draft chamber summons is allowed as follows -
(a) Suit summons be served on the defendants by affixing the copy thereof on the outer door or some other conspicuous part of the house where the defendants reside, carry their business or work for the gain. The suit summons shall also be served by publishing the same in the leading newspapers (one English and one Marathi) having vide circulations in the area of the addresses of the defendants.
(b) Liberty is granted to select the newspapers in terms of order clause No. (a) for effective service through publication.
2. Draft chamber summons is disposed off accordingly. It be registered for statistical purpose.
Matter adjd to 12.11.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Adv.Saraswati Purohit i/b.Adv.Rajkumar Shukla for plaintiff present.
None present for defendant.
Application for extension of time for service of suit summons by paper publication, Exh.6. O-Time is extended for service of suit summons by paper publication.
Matter adjd to 16.12.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.24 p.m.
Adv.Saraswati Purohit for plaintiff present.
Plaintiff filed service affidavit in respect of paper publication t.o.r. marked as Exh.7.
The plaintiff filed original suit summons marked as Exh.08
The plaintiff submits that report of pasting is awaited. Matter adjd to 20.01.2022 for filing service affidavit in respect of service of pasting.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Adv.Mugdha Sawant i/b.Rajkumar K. Shukla Law Firm for plaintiff present.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 18.02.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Order passed on 16.12.2019
Adv.Mugdha Sawant for plaintiff present.
By this notice of motion No.4775/19 the plaintiff is seeking for restoration of suit which was dismissed on stamp number for non removal of office objection.
By filing of affidavit in support of NM the plaintiff has contended that due to oversight of the advocate of plaintiff the objection could not be removed and therefore the suit came to be dismissed. It is further contented that the mistake is not intentional and it is prayed that the suit be restored to be filed.
My predecessor already relaxed the plaintiff from service of NM to other side since it was dismissed at the lodging stage.
Ld.Advocate for plaintiff submitted that the plaintiff is ready to comply office objection.
It is settled position that substantial justice cannot be denied for technical reason. The plaintiff cannot be non suited at this stage and the matter should be decided on merit. The case is made out for restoration. In view of this the following order is passed.
ORDER
1.Notice of Motion No.4775/19 is allowed. Suit Stamp No.8309/18 is restored to the file.
2. Plaintiff to remove office objection within 4 weeks.
3. Accordingly, Notice of Motion No.4775/19 is disposed off.
Order on 18.02.2022
Adv.Saraswati Rajpurohit i/b.Adv.Rajkumar Shukla for plaintiff present.
None present for defendant.
The report of service of summons by pasting is received through post. It is taken on record and marked as Exh.9.
ORDER BELOW EXH.1
Read the service affidavit Exh.5 and Exh.7. Read the bailiff report Exh.9. The summons attempted to be served by post was returned with remark \''incorrect address\''. Thereafter the summons is served by pasting and paper publication. The defendant is absent. Hence, Suit to proceed ex-parte against defendant.
Record shows that notice of motion No.4775/2019 has been disposed of vide order dated 16.12.2019. Hence, it be disposed of from CIS.
Nature Of Disposal: ALLOWED
Disposal Date: 18-02-2022