Commercial Suit
State Street Syntel Services Private LimitedVsKnight Frank Property Services +1 more
CNR MHCC01000071202014-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--CONSENT DECREE
Decision Date: 16th April 2024
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 100561/2021
- Registration Date
- 14 Jan 2020
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Acts & Sections
1Hindu Marriage Act · Sec 10
Case History / Proceedings
Case History
Date: 04-02-2020
Business: Adv. Amit Khairwal for plaintiff present.
Adv. Jash Shah for defendant present
Exh. 1 Plaint
Exh. 2 Vakalatnama of adv. of plaintiff.
Exh. 3 Address memorandum.
Exh. 4 List of documents.
Adv. Jash Shah for defendant present and tendered vakalatnama t.o.r. Its marked at Exh.5
On oral request of Ld. Adv. for defendant adjournment granted .
Adjd to 26-03-2020 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Business: adjourned
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 07.01.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv. Kamini Suhas for plaintiff present.
None for Deft. present.
The Defendant has not filed written statement which they were suppose to file on 26.03.2020 but due to pandemic there was no regular court working. In the interest of justice last chance is granted to defendant to file written statement on or before next date. The counsel for the plaintiff to communicate this order to the defendant or their advocate.
The matter is adjd for written statement to 02.02.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv. P. Suhas for plaintiff present.
Adv. Diya Bharma for deft. present.
Ld. counsel for deft. seeks time to file written statement and the same is opposed by counsel for plaintiff. No doubt, due to pandemic, deft. could not file the written statement but thereafter deft. has not taken any effort to file written statement. On previous date, last chance was granted to deft. to file written statement and said order was communicated by the plaintiff to the deft. As the deft. failed to file written statement, suit to proceed without written statement of deft.
The matter is adjd for evidence of plaintiff to 25.03.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: By preceipe.
Adv. S. Chaudhary i/b. Hariani and Co. for deft. present.
Draft N/M tendered by counsel for deft. Leave is granted to register.
The matter is already adjd for evidence of plaintiff to 25.03.2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Adv. Kamini for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time to file reply to N/M. Granted.
Deft. to tender registered N/M.
The matter is adjd for N/M reply and compliance to 08.06.2021.
L.O.
Adv. Diya Bharma for deft. present. She tendered registered N/M No.510/21. T.O.R.
The matter is now adjd for N/M reply to 08.06.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Both parties and their advocates are absent when called out.
As per order of Hon\''ble Principal Judge, City Civil Court, Mumbai, Office Order No. 128/2021 dated 02/07/2021 and approved case transfer list, the case is transferred to Court Room No.14.
Matter is adjd.to 13.08.2021 for n/m reply/rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: None for plaintiff.
Adv. Diya Bharma for deft. present.
N/M No.510/2021 is posted on 23.08.2021, therefore, present matter is adjourned to 23.08.2021 for N/M reply.
The matter is adjd for N/M reply to 23.08.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: None for plaintiff.
Adv. Diya Bharma for deft. present.
K.B.
L.O.
Adv. Kamini for plaintiff present.
Adv. Diya Bharma for deft. present.
Adv. For plaintiff filed reply to N/M no.510/21. T.O.R.
Copy of reply is served to the Adv. For deft.
The matter is adjd for N/M hearing to 27.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Adv. Kamini Suhas for plaintiff present.
Adv. Samarth Choudhary along with Adv. Diya Bharma for deft. present.
Heard arguments of both the sides on N/M No.510/21.
The matter is adjd for order on N/M no.510/21 to 01.09.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv. Kamini Suhas for plaintiff present.
Adv. Diya Bharma for deft. present.
F.R.S.R. following order is passed on N/M no.510/21 -
ORDER
1. N/M No.510/2021 is dismissed.
2. Costs of the application will be costs in the suit.
3. N/M No.510/2021 is disposed of accordingly.
Adv. For plaintiff submitted that she will take out Ch/sum for addition of parties on next date.
The matter is adjd for steps to 29.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. Kamini Suhas for plaintiff present.
Adv. Diya Bharma for deft. present.
Plaintiff\''s advocate sought time for taking out Ch/sum. Adjournment is granted on oral request of plaintiff\''s advocate.
The matter is adjd for steps to 13.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Shivani Nandanwala, intern of Adv. For plaintiff present.
Adv. Diya Bharma for deft. present.
Adv. For deft. filed draft N/M. Leave to register N/M is granted.
Copy of draft N/M is served upon intern appearing on behalf of plaintiff.
The matter is adjd for reply to N/M to 09.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: P.O. is on leave. Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Adv. Kamini Suhas for plaintiff present.
Adv. Diya Bharma for deft. present.
Adv. For deft. tendered registered N/M No.2602/21. T.O.R.
Adv. For plaintiff filed reply affidavit to N/M No.2602/21. T.O.R.
Copy of reply affidavit is supplied to Adv. For deft.
Adv. For plaintiff tendered draft Ch/sum. Leave to register Ch/sum is granted.
Copy of draft Ch/sum is served to Adv. For deft.
The matter is adjd for hearing on N/M, tendering registered Ch/sum and reply to Ch/sum to 06.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv. Kamini Suhas for plaintiff present.
Adv. Diya Bharma for deft. present.
Adv. For plaintiff tendered registered Ch/sum No.1687/21. T.O.R.
Adv. For deft. filed reply to Ch/sum no.1687/21. T.O.R.
Adv. For deft. also filed affidavit in reply on behalf of proposed deft. no.2. T.O.R. She undertakes to file vakalatnama on behalf of proposed deft. no.2 on next date.
Copies of reply affidavits are served to Adv. For plaintiff.
Adv. For plaintiff filed annexure to reply to N/M No.2602/21. T.O.R.
The matter is adjd for hearing on N/M to 15.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Adv. Kamini Suhas for plaintiff present.
Adv. Samarth Chaudhary along with Adv. Diya Bharma for deft. present.
Vakalatnama of proposed deft. no.2 is filed by Adv. Samarth Chaudhary. T.O.R.
Heard arguments of both sides on N/M No.2602/21.
The matter is adjd for order on N/M no.2602/21 to 17.12.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv. Kamini Suhas for plaintiff present.
Adv. Diya Bharma for deft. present.
ORDER BELOW N/M NO.2602/21
Perused the N/M and reply affidavit.
Heard both sides.
This N/M is taken out by deft. praying to set aside no written statement order dated 02.02.2021 and to condone delay of 254 days in filing written statement.
It is submitted on behalf of deft. that writ of summons was served upon deft. on 28.01.2020. Deft. appeared before the Court on 04.02.2020. Court granted time for filing written statement till 26.03.2020. Thereafter, due to pandemic, deft. could not give instructions to his advocate for filing written statement. In the meantime, matter was taken on board on 07.01.2021 and deft. was directed to file its written statement till 02.02.2021. Court thereafter passed no written statement order on 02.02.2021. In the meantime, deft. has taken out N/M for dismissal of suit. Said N/M was dismissed on 01.09.2021. Deft. could not file written statement due to pandemic and pendency of N/M. By making all these submissions, deft. prayed to set aside no written statement order dated 02.02.2021 and to condone the delay in filing written statement.
It is submitted on behalf of plaintiff that order dated 02.02.2021 was passed in presence of advocate for deft. Therefore, it was incumbent upon deft. to take appropriate steps within reasonable time to file its written statement. There is inordinate delay of 254 days in filing written statement. Present suit is registered as a commercial dispute. Therefore, Court cannot allow deft. to file written statement after the stipulated period. Deft. was appearing before the Court in pandemic and therefore, deft. cannot take benefit of declaration of lock-down. By making all these submissions, plaintiff prayed to dismiss the N/M.
Plaintiff relied upon case of Sagufa Ahmed and Ors. V/s. Upper Assam Polywood Products Pvt. Ltd. and Ors., (2021) 2 Supreme Court Cases 317. In this case, Hon\''ble Apex Court pleased to hold that by the order of Hon\''ble Supreme Court dated 23.03.2020, the period of limitation is extended and not the period upto which delay can be condoned in exercise of discretion conferred by the statute.
Considered the submissions advanced on behalf of both the sides. Record shows that writ of summons was served upon deft. on 28.01.2020. Deft. appeared before the Court on 04.02.2020. Thereafter, matter was adjourned for filing written statement to 26.03.2020. In the meantime, due to outbreak of Covid-19 pandemic, lock-down was declared. Hon\''ble Supreme Court in MA No.665/2021 (SMW(C) No.3 of 2020), by order dated 23.09.2021, pleased to dispose of MA No.665/2021 with following directions,
''I. ---
II. In cases where the limitation would have expired during the period between 15.03.2020 till 02.10.2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 03.10.2021. In the event the actual balance period of limitation remaining, with effect from 03.10.2021, is greater than 90 days, that longer period shall apply.''
On perusal of order-sheet, it is manifestly clear that the period of limitation for filing written statement expired during the period from 15.03.2020 to 02.10.2021 and as per order of Hon\''ble Supreme Court, deft. can file written statement within 90 days from 03.10.2021. Present N/M is taken out on 13.10.2021 i.e. well within limitation of the directions of Hon\''ble Supreme Court. Therefore, as per order of Hon\''ble Supreme Court, deft. is entitled to file its written statement. Hence, following order.
ORDER
1. N/M No.2602/21 is made absolute in terms of prayer clauses (a), (b) and (c).
2. No order as to costs.
3. N/M No.2602/21 is disposed of accordingly.
Exh.6 - Adv. For deft. tendered written statement. T.O.R.
O. - Read and recorded.
Copy of written statement is served to Adv. For plaintiff.
The matter is adjd for Ch/sum hearing to 11.01.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv. Choudhary for plaintiff present.
Adv. for deft. absent
The matter is adjd for chamber summons hearing to 16.02.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv. Kamini Suhas for plaintiff present.
Heard arguments of Adv. For plaintiff on Ch/sum no.1687/21.
The matter is adjd for hearing of deft. on Ch/sum to 22.02.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: Adv. Amit Khairwar for plaintiff present.
Adv. Diya Bharma for deft. present.
On oral request of Adv. For deft., the matter is adjourned as a last chance.
The matter is adjd for Ch/sum hearing to 04.03.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv. Kamini Suhas for plaintiff present.
Adv. Sourasubha Ghosh along with Adv. Samarth Chowdhary i/b. M/s. Indus Law for deft. present.
Exh.7 - Vakalatnama of M/s. Indus Law is filed on behalf of deft. T.O.R.
Heard arguments of Adv. For deft. and reply arguments of Adv. For plaintiff on Ch/sum No.1687/21.
The matter is adjd for order on Ch/sum No.1687/21 to 08.03.2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Adv. Kamini Suhas for plaintiff present.
Adv. Samarth Chaudhary for deft. present.
ORDER BELOW CH/SUM NO.1687/21
Ch/sum is taken out by plaintiff seeking leave to amend the plaint and to add Knight Frank (India) Pvt. Ltd. as party defendant no.2.
Plaintiff submits that suit is for the declaration that defendant is liable to make payments of gratuity and other statutory dues of the employees. Plaintiff entered into a service agreement with defendant on 22.11.2013. Same was extended on 12.07.2016. Defendant, by taking out N/M No.510/21, contended that suit claim would be maintainable against Knight Frank (India) Pvt. Ltd. and not against present defendant. After receiving letter dated 02.07.2017, plaintiff acknowledged the change of assignment of the facility management services business from the present defendant to Knight Frank (India) Pvt. Ltd. However, said change of assignment formed as part of same contractual transactions making present defendant and Knight Frank (India) Pvt. Ltd. jointly and severally liable towards plaintiff. By making these submissions, plaintiff prayed to allow it to make amendment in the plaint and to add Knight Frank (India) Pvt. Ltd. as party defendant no.2.
Defendant, by filing reply affidavit, strongly resisted the Ch/sum. It is submitted that plaintiff was well aware about the assignment of rights and liabilities in favor of Knight Frank (India) Pvt. Ltd. Plaintiff has confirmed and acknowledged the assignment. Therefore, present defendant cannot be held jointly and severally liable with proposed defendant no.2 towards plaintiff. Plaintiff cannot add Knight Frank (India) Pvt. Ltd. as party to the suit without deleting present defendant. By making these submissions, defendant prayed to dismiss the Ch/sum.
Proposed defendant no.2 Knight Frank (India) Pvt. Ltd. appeared and filed reply affidavit. It has adopted reply affidavit of defendant.
Ld. Counsel for deft. submits that plaintiff was well aware about the assignment of rights and liabilities in favor of proposed deft. no.2. By filing N/M no.510/2021 also, present defendant asked plaintiff to add proposed defendant no.2. However, plaintiff opposed said N/M. In para no.6 of the written statement, defendant has specifically pleaded that present defendant and proposed defendant are two separate legal entities. All contracts of facility management services of the present defendant are transferred to proposed defendant including contract with plaintiff. Therefore, no cause of action survives against present defendant. Suit is liable to be dismissed against present defendant for want of cause of action. However, by way of proposed amendment, plaintiff wants to take away defence set out by the defendant.
Ld. Counsel for defendant further submits that Court has to exercise discretionary powers under Order 6 Rule 17 of C.P.C. judiciously and with great care. He relied upon the case of Revajeetu Builders and Developers V/s. Narayanaswamy and Sons and Others., (2009) 10 SCC 84. In this case, Hon\''ble Supreme Court pleased to discuss principles governing discretion to be used by the Court under Order 6 Rule 17 of C.P.C.
Ld. Counsel for plaintiff submits that proposed amendment is necessary to find out the real question in controversy.
Considered the submissions advanced on behalf of both sides. It is well settled that while deciding application under Order 6 Rule 17 of C.P.C., Court is not required to go into the merits of the claim made in the application. It is not in dispute that present defendant transferred its facility management services business on a going concern basis to proposed defendant no.2 Knight Frank (India) Pvt. Ltd. during continuation of agreement with plaintiff. Defendant itself has filed N/M No.510/21 and prayed to direct plaintiff for impleading Knight Frank (India) Pvt. Ltd. as party to the suit. Thus, presence of proposed defendant is necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. Trial is yet to commence. Therefore, plaintiff is entitled to carry out amendments proposed in the Ch/sum and to add Knight Frank (India) Pvt. Ltd. as proposed defendant no.2. In the result, following order.
ORDER
1. Ch/sum No.1687/2021 is made absolute in terms of prayer clause (a).
2. Plaintiff is directed to carry out necessary amendments proposed in the schedule annexed with Ch/sum within 14 days.
3. Plaintiff is directed to file amended plaint after carrying out the amendments.
4. No order as to costs.
5. Ch/sum No.1687/2021 is disposed of accordingly.
The matter is adjd for compliance to 22.03.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: None for plaintiff.
Adv. S. Chaudhary for deft. present.
K.B.
L.O. at 03.05 pm.
Adv. Amit Khairwar for plaintiff present. He prayed to grant one week time for compliance of order dated 08.03.2022. Plaintiff is permitted to carry out the amendment as per order dated 08.03.2022 within one week.
The matter is adjd for compliance to 19.04.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv. Kamini Suhas for plaintiff present.
Adv. Sanaya Patel for deft. nos.1 and 2 present.
Adv. For plaintiff tendered amended plaint. Copy of amended plaint along with compilation of documents is taken on record.
Copy thereof is served to Adv. For deft. nos.1 and 2.
Exh.8 - Vakalatnama of M/s. Indus Law is filed on behalf of deft. no.2 by Adv. Patel. T.O.R.
Deft. no.2 shall file his written statement within 30 days from today. Deft. no.1 has already filed its written statement. However, due to amendment in the plaint, deft. no.1 is at liberty to file additional written statement, if any, within 30 days from today.
The matter is adjd for written statement to 06.06.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Business: Adv. Kamini Suhas for plaintiff present.
Adv. S. Chaudhary for defts. present.
Exh.6/2 - Adv. For deft. nos.1 and 2 tendered additional written statement of deft. no.1. T.O.R.
O. - Read and recorded.
Exh.9 - Adv. For deft. nos.1 and 2 tendered written statement of deft. no.2. T.O.R.
O. - Read and recorded.
Copies of above documents are served to Adv. For plaintiff.
The matter is adjd for case management hearing to 22.06.2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Adv. Kamini Suhas for plaintiff present.
Adv. Sanaya Patel for deft. nos.1 and 2 present.
Adv. For plaintiff filed draft issues. T.O.R.
Heard Adv. For plaintiff and Adv. For deft. nos.1 and 2 on case management hearing.
K.B.
L.O. at 12.45 pm.
Exh.10 - Issues settled.
Issues are settled today. Considering the nature of suit, issues of facts and law involved in suit and reliefs claimed in the suit, following order regarding case management hearing is passed.
ORDER
1. Parties are directed to submit list of witnesses within 30 days.
2. After submitting list of witnesses, parties are directed to file affidavits of evidence of all the witnesses within 45 days.
3. After submitting evidence affidavits, cross examination of plaintiff and plaintiff\''s witnesses shall be completed within 45 days and thereafter, cross examination of defendants and defendants\'' witnesses shall be completed within next 45 days.
4. After conclusion of evidence, parties shall conclude their arguments within two weeks.
5. Both the parties to note if they failed to comply with this order of case management hearing, consequences of non-compliance of order provided in Order XV-A Rule (8) will follow.
The matter is adjd for filing list of witnesses to 14.07.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Adv. Kamini Suhas for plaintiff present.
Adv. Sanaya Patel for deft. nos.1 and 2 present.
Exh.11 - Adv. For plaintiff tendered list of witnesses. T.O.R. Copy is supplied to other side.
Exh.12 - Adv. For deft. nos.1 and 2 tendered list of witnesses. T.O.R. Copy is supplied to other side.
The matter is adjd for filing evidence affidavit to 11.08.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Adv. Kamini Suhas for plaintiff present.
Adv. S. Chaudhary for deft. nos.1 and 2 present.
Both parties sought time for filing evidence affidavit of their witnesses. Time as prayed for is granted.
The matter is adjd for evidence to 30.08.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv. Kamini Suhas for plaintiff present.
Adv. S. Chaudhary for deft. nos.1 and 2 present.
Both parties sought time for filing evidence affidavit. Time as prayed for is granted as a last chance.
The matter is adjd for evidence to 08.09.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Adv. Amit Khairwal along with Adv. Kamini Suhas for plaintiff present.
Adv. S. Chaudhary for deft. nos.1 and 2 present.
Exh.13 - Adv. For plaintiff tendered evidence affidavit of PW-1 Sanjay Ghungrud. T.O.R.
Exh.14 - Adv. For plaintiff tendered evidence affidavit of PW-2 Subhash Valse. T.O.R.
Exh.15 - List of documents filed by Adv. For plaintiff. T.O.R.
Copies of above documents are supplied to Adv. For deft. nos.1 and 2.
Exh.16 - Adv. For deft. nos.1 and 2 tendered evidence affidavit of DW-1 Milind Pimpalkhare. T.O.R.
Exh.17 - List of documents filed by Adv. For deft. nos.1 and 2. T.O.R.
Copies of above documents are supplied to Adv. For plaintiff.
Perused the order-sheet. As per Order 11 Rule 4 of C.P.C. as applicable to the commercial disputes, parties were required to submit affidavit of admission and denial before settlement of issues. Both parties have not submitted affidavit of admission and denial. Parties are directed to submit affidavit of admission and denial.
The matter is adjd for filing affidavit of admission and denial to 29.09.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: Coram- H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
Matter pertaining to CR No.14
Adv. Ms. O. Mukharje for plaintiff present.
Adv. Mr. S. Choudhary Present for Deft.
Ex.18,19 - Adv of plff has filed Statement of admission and denial along with affidavit. Copy served to otherside.
Ex.20 - Adv of defts has filed affidavit of admission and denial. Copy served to otherside.
Adj. For Marking of document and further chief examination of PW-1 on 07/12/2022.
Next Purpose: FOR___________________
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: The Court is Vacant.
Hence, The Matter is adjourned.
Next Purpose: FOR___________________
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: The court is vacant. Hence, Matter is adj.
Next Purpose: FOR___________________
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: FOR___________________
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: FOR___________________
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: The court is vacant. Hence, matter is adjd to
Next Purpose: FOR___________________
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: As court is vacant. Hence, matter is adjd to
Next Purpose: FOR___________________
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: As court is vacant. Hence, matter is adjd to
Next Purpose: FOR___________________
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: FOR___________________
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: Matter received under transfer from Court Room No. 14
State Street Syntel Services Vs Knight Frank Property Services
Adv. Amit Khairwal present for plaintiff.
Plaintiff witness absent.
Adv. S. Chougule present for defendant.
Parties to take steps regarding evidence and pending application. Else, put for necessary order.
Matter adjourned to 15.09.2023 for marking of documents and cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: State Street Syntel Services Vs Knight Frank
Adv. Amit Khairwal present for plaintiff.
Adv. Samarth Choudhari present for defendant.
Matter adjourned to 29.09.2023 for marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-09-2023
Date: 29-09-2023
Business: State Street Syntel ServicesVs Knight Frank Property
Adv. Amit Kairwal present for plaintiff.
Adv. Aayu Saxena present for defendants.
Matter adjourned to 13.10.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: State Street V/s Knight Frank Property
Adv. Amit Khairwal present for plaintiff.
Adv. Ranjeev Carvalho present for defendant.
Plaintiff to take steps regarding evidence.
Matter adjourned to 04.11.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-11-2023
Date: 04-11-2023
Business: State Street V/s Knight Frank
Adv. Amit Khairwal present for plaintiff.
Plaintiff witness absent.
Adv. Ranjeev Carvalho present for defendant.
Case adjourned to 20.12.2023 for admission /denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-12-2023
Date: 20-12-2023
Business: State street V/s Knight Frank Property
Adv. Amit Khairwal present present for plaintiff.
Plaintiff witness Sanjay Ghoghare present.
Adv. S. Choudhary present for defendant.
Case adjourned to 14.02.2024 for admission / denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 14-02-2024
Date: 14-02-2024
Business: Adv Swati Chandan i/b Link Legal India Law services for plaintiff present.
Adv S. Choudhari i/b Indus Law for defendant present.
It is submitted that there is chances of amicable settlement in between the parties, hence matter be refer for lok-adalat to be held on 03/03/2024.
O- Issue notices to parties.
Matter stands Adj for Lok-adalat 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.
LO at 1.13 pm
Mr. Prakash Mishra, Representative of plaintiff Co. present.
Adv Swati Chandan for plaintiff present.
Mr. Milind Pimpalkhare, Director Commercial of defendant nos. 1 and 2 present.
Adv Samarth Chowdhary for defendant nos. 1 and 2 present.
The plaintiff and defendant filed consent terms. t.o.r. marked as Exh. 21. O- Seen.
It is submitted that the matter is amicably settled in between the plaintiff and defendant as per terms and conditions mentioned in the consent terms. Hence the parties do not want to proceed with the matter. Upon personal verification with the concerned person from the plaintiff and defendants, they stated that the matter to be disposed of in view of consent terms. Hence considering the submission and consent terms at Exh. 21, the matter stands disposed of.
Consent decree in view of consent terms at Exh. 21 be drawn up accordingly.
Court fees, if any, be refunded as per rules.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 16-04-2024Additional Case Details
Additional Case Details
Filing Number: 100091/2020 Filing Date: 02-01-2020 First Hearing Date: 04th February 2020 Decision Date: 16th April 2024 Court Number And Judge: 14-COURT 14 ADDL SESSIONS JUDGE
Orders
1Final Order 116 Apr 2024
16 Apr 2024
Order Details: Other Pdf Text: 16.04.2024 18 CORAM : H. H. J. Shri. V. D. KEDAR, JUDGE (C. R. No. 14) Com Suit 561/2021 Exh. 21 None present for plaintiff. Matter be kept for dismissal order. Matter stands Adj for Dismissal Order on 15/06/2024. LO at 1.13 pm Mr. Prakash Mishra, Representative of plaintiff Co. present. Adv Swati Chandan for plaintiff present. Mr. Milind Pimpalkhare, Director Commercial of defendant nos. 1 and 2 present. Adv Samarth Chowdhary for defendant nos. 1 and 2 present. The plaintiff and defendant filed consent terms. t.o.r. marked as Exh. 21. O- Seen. It is submitted that the matter is amicably settled in between the plaintiff and defendant as per terms and conditions mentioned in the consent terms. Hence the parties do not want to proceed with the matter. Upon personal verification with the concerned person from the plaintiff and defendants, they stated that the matter to be disposed of in view of consent terms. Hence considering the submission and consent terms at Exh. 21, the matter stands disposed of. Consent decree in view of consent terms at Exh. 21 be drawn up accordingly. Court fees, if any, be refunded as per rules. Judge -- 1 of 1 --
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