Mr. Dharmadev Tengaru GuptaVsMr. Ramkomal R. Gupta

Date: 26-02-2020
Business: Adv. Ameya Kulkarni for plaintiff present.
Adv. for plaintiff filed joint affidavit of service. t.o.r.
Adjd for ex parte orders to 18/04/2020.
Next Purpose: ORDER
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Business: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: ORDER
Next Hearing Date: 11-08-2020

Date: 11-08-2020
Business: Due to lockdown, board is discharged
Next Purpose: ORDER
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: None for plaintiff.
Adv. D.K. Gupta for defendant present.
Today matter is for order.
Ld Adv for defendant submits that defendant is 85 years old and therefore, considering the Corona Virus Pandemic defendant is not in position to attend the Court in person. He further states defendant will file application of condonation delay in filing V/N and file V/N on next date.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for exparte order to 11-02-2021.
Next Purpose: ORDER
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv. Nishit Joshi for plff is present.
None for deft.
KB LO at 05.01 p.m.
Adv. Amey Kulkarni i/b Adv. Vivek Singh for plaintiff is present.
Today matter is for exparte order. None appeared for defendant. Perused noting/roznama dtd. 07.01.2021 on that day Adv.D.K. Gupta had appeared for defendant and made submission that defendant will file application for condonation of delay in fling V/P.
This is summary suit. No steps are taken by defendant today. Hence, suit be proceeded ex-parte against defendant.
Matter adjd for ex-parte evidence on 23.04.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation.  As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded.  As per Clause No. 4  of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Due to Covid-19.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Adv. Vivek Karan singh for plaintiff present.
None for defendant.
Time sought.
Matter adjd for Exparte evidence to 14.12.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: None present.
Matter Adjd for ex-parte evidence on 23/02/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: Adv. Vivek for plaintiff present.
None present for defendant.
Exh.02 - Claim affidavit. O-read and recorded.
Exh.03 - Affidavit of documents. O-be filed.
Exh.04 - List of documents. O-seen.
KB for order.
Order on Admissibility of documents
Exh.05 - Bank passbook.
Exh.06 - Promissory Note dt.26.07.2018.
Exh.07 - Office copy of Letter dt.04.07.2019.
Exh.08 - Office copy of demand notice dt.31.07.2019.
Exh.09 - Evidence closing pursis. O-seen.
Matter Adjd for Ex-parte argument on 05/04/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: Adv. Amey Kulkarni for plaintiff present.
Adv. Rajan for defendant present.
Draft Notice of Motion alongwith affidavit in support tendered by defendant.
Order - Leave is granted to register the Notice of Motion.
Matter Adjd for tendering original registered NM on 24/06/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Adv. Ameya Kulkarni for plaintiff present.
Adv. Rajan for defendant present.
On the oral request by adv. For defendant time is extended to register the NM.
Matter Adjd for tendering original registered NM on 11/08/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Adv. Ameya Kulkarni for plaintiff present.
Adv. Pathak for defendant present.
On the oral request by Ld. Adv. for defendant, time is extended to register the NM.
Matter Adjd for tendering original registered NM on 28/11/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: Adv. Amey Kulkarni for plaintiff present.
None for defendant.
Adv. For plaintiff filed reply to NM 4112/2022. t.o.r.
Matter is adjd for NM hearing on 27-01-2023.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: Adv. Ameya Kulkarni for plaintiff present.
Adv. Balkrushna Pathak for defendant present.
Ld. Adv. for defendant tendered original registered NM No.4112/22.
Ld. Adv. for defendant filed rejoinder to NM.
Ld. Adv. for plaintiff raised objection.
Heard learned advocate for both the sides on NM.
Matter Adjd for NM Order on 07/02/2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: None present.
F.R.S.R. following order in Notice of Motion No.4112 of 2022 in Summary Suit no.10 of 2020 is passed-
ORDER
1. The Notice of Motion No.4112 of 2022 is allowed.
2. The delay in filing Vakalatnama is condoned and ex-parte order dated 11.02.2021 is set a-side.
3. The defendants shall file his vakalatnama on next date without fail.
Matter Adjd for compliance on 28.03.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: None present.
Matter Adjd for compliance on 27/06/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: P. O. is on Training.
Hence, matter is adjourned.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: Plaintiff is present.
Defendant and his counsel are absent.
Adv. Amey Kulkarni i/b Adv. Vivek Karan Singh for plaintiff is present.
Exh.10 -Withdrawal pursis filed by the advocate for the plaintiff. Stating there in that plaintiff do not want to proceed further.          O.-Read and record.
        In view of pursis Exh.10, as plaintiff do not want to proceed further present suit is disposed of as a withdrawan.  Prepared bill of cost. Court fees be refunded as per rule.
Nature Of Disposal: WITHDRAWL
Disposal Date: 18-08-2023

NOTICE OF MOTION/104112/2022

Filing Number: 109366/2019
Filing Date: 23-08-2019
First Hearing Date: 26th February 2020
Decision Date: 18th August 2023
Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE