Mrs. Geeta Willam VazVsITC Ltd +1 more

Date: 07-12-2020
Business: Advocate Ms. Prajakta Sapkal for plaintiff present and filed affidavit of service along with original writ of summons  showing that writ of summons is served by RPAD on both the Defendants on 13/02/2020.
None present for Defendants.
It seems that due to Corona pandemic, Defendants are absent, hence case is adjourned to 08/03/2021 for exparte orders against Defendants.
Next Purpose: ORDER
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Adv Ms.Prajakta Sakpal for plff present.
None present for deft.
Affidavit of service is already filed on 07.12.2020. Statements made in the said affidavit that both the defts are served on their both addresses given in the title clause of the plait are supported by the postal acknowledgments annexed to the affidavit of service. Despite proper service, defts failed to appear hence, suit to proceed ex-parte against both the defts.
Matter is adjd. for Ex-parte Evidence to 05.05.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Adv Pranav Dhakne for plff present and seeks adjournment
None present for deft.
On request of advocate for plaintiff matter adjourned for evidence to 29.11.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Adv. Ms. Prajakta Sakpal for plff. present and seeks adjournment by submitting that affidavit of PW-1 is ready but the witness is not present today.
None present for deft.
On request of advocate for the plaintiff, matter is adjourned for recording evidence to 16/04/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: Plaintiff present with her advocate Ms. Prajakta Sakpal.
None present for deft.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2 filed with plaint.
Memorandum of address of the plff at Exh.3 filed with plaint.
List of documents at Exh.4 filed with plaint.
Affidavit in lieu of examination of chief of PW-1 Geeta William Vaz
filed at Exh-5.
Plaintiff has produced nine documents with list Exh-6.
Verified the affidavit from PW-1 Geeta.
Advocate for the plaintiff seeks adjournment for production of
certificates u/s.65B of Evidence Act in support of some of the
documents produced with list Exh-6.
Matter is adjd. for Admisson denial of documents to 13.06.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: None present for both sides.
KB
LO at 01.15 pm,
Adv.Gargi Bhagwat for plaintiff present.
Heard on admissibility of documents.
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. The document at Sr.No.1 is letter bearing reference No.017682. It is marked as Exh.7.
2. The document at Sr.No.2 is letter bearing reference No.010041.  It is marked as Exh.8.
3. The document at Sr.No.3 is letter dated 29.08.2012 addressed by defendant No.2 to Sushil Finance Services Private Ltd. It is marked as Exh.9.
4. The document at Sr.No.4 is letter dated 03.09.2018 addressed by defendant  No.2 to the plaintiff. It is marked as Exh.10.
5. The document at Sr.No.5 is letter dated 24.09.2018 addressed by defendant No.2 to the plaintiff. It is marked as Exh.11.
6. The document at Sr.No.6 is copy of complaint dated 20th October 2018 lodged by the plaintiff before the Chunabhatti Police Station, Mumbai.  It is marked as Exh.12.
7. The document at Sr.No.7 is certificate dated 20th October 2018 lodged by the Chunabhatti Police Station regarding lodging of the plaintiff’s complaint.  It is marked as Exh.13.
8. The document at Sr.No.8 is letter dated 28.08.2019 addressed by defendant No.2 to the plaintiff. It is marked as Exh.14.
9. The document at Sr.No.9 is original dividend warrants bearing Nos.15775 and 18879 in respect of the suit shares issued by defendant No.1 Company in favour of the plaintiff. It is marked as Exh.15.
Suit is ex-parte, hence, no cross.
Matter adjd to 01.07.2022 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: None present.
KB
LO at 11.50 am,
Adv.Prajakta Sakpal for plaintiff present.
KB
LO at 12.30 pm,
Adv.Gargi Bhagwat for plaintiff present.
Heard the final argument of Ld.Adv. for the plaintiff. Heard the pltff. on the point of valuation of suit. The Registrar (Civil) is directed to report about the valuation of suit and assessment of Court fee.
Matter adjd to 11.07.2022 for report of Registrar (civil) regarding valuation of suit.
Next Purpose: REPORT
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: Adv.Gargi Bhagwat for plaintiff present.
None present for defendant.
Received report from Additional Registrar (Civil) about assessment of court fees and marked as Exh.16.
KB for order in respect of court fees.
LO at 05.30 pm,
As time is over, hence, matter is adjourned.
Matter adjd to 21.07.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: None present for both sides.
KB
LO at 12.05 pm
None present for both sides.
KB
LO at 02.45 pm
None present for both sides.
KB
LO at 05.45 pm
None present for both sides.
Read the report of Registrar (Civil), matter adjd to 03.08.2022 for argument on the point of Court fees.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: Adv. Apurva karekar for plaintiff present. heard on issue of CF.
None present defendant.
k.b.
later on 4.15 pm.
Matter adjd to 12.08.2022  for order/judgment.
Judge
Next Purpose: ORDER
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv.Gargi Bhagwat for plaintiff present.
KB
LO at 01.50 pm
Adv.Gargi Bhagwat for plaintiff present.
Heard the plaintiff on the point of Court Fees.
Matter adjd to 30.08.2022 for further argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: None present for both sides.
KB
LO at 11.55 am
Adv.Gargi Bhagwat for plaintiff present. She requested for time to consider issue of jurisdiction and Court fees, hence, adjourned.
Matter adjd to 01.10.2022 for further argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: Plaintiff present.
Adv.Gargi Bhagwat for plaintiff present.
KB
LO at 11.15 am
Adv.Gargi Bhagwat for plaintiff present. She filed application for withdrawal of suit t.o.r. and marked as Exh.17.
ORDER
Heard Adv. for the plaintiff. Read the application. The plaintiff wants to approach the defendant company for issuance of duplicate share certificates. Therefore, plaintiff wants to withdraw the suit with liberty to approach proper forum. Hence, I pass the following order.
ORDER
Application Exh.17 is allowed. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
Read application Exh.17 and today\''s order passed thereon. The plaintiff wants to withdraw the suit with liberty to approach proper forum, hence, I pass the following order.
ORDER
1.Suis is dismissed as withdrawn with liberty to approach the proper forum.
2. Plaintiff is permitted to withdraw the document filed by the plaintiff alongwith list Exh.6 by placing certified copies of the same on record.
3. Parties to bear their own costs.
4. Plaintiff is entitled for refund of Court Fees as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 01-10-2022

Registration Number: 100241/2020
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 113914/2019
Filing Date: 16-12-2019
First Hearing Date: 07th December 2020
Decision Date: 01st October 2022
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE