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Commercial Suit

Syntel International Private LimitedVsKnight Frank Property Services +1 more

CNR MHCC01000074202014-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
100570/2023
Registration Date
14 Jan 2020

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 04-02-2020
    Business: Adv. Amit Kherwal for plaintiff present.
    Adv. Shah for defendant present and filed VP.
    Vakalatnama filed on behalf of defendant.
    Matter stands Adj for filing WS to 27.02.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: Adv. Shahajad Irani for plaintiff present and submitted that the defendant has written to them for taking inspection of documents. The plaintiff has no objection to give inspection of documents and plaintiff is in the process of replying the said letter of the defendant. Ld. counsel for plaintiff also requested to adjourned the matter to the same date, when another matter involving the same defendant is pending in CR. No. 1.
    Adv. Arjun Sawant for defendant present and seeks time to file WS. Time granted.
    On oral request of parties, Matter stands Adj for written statement to 26.03.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    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
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    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 pandemic 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
    Reason For Adjournment: National Lock Down
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Advocate Ms.Kamini Suhas for plaintiff present.
    None for defendant.
    Defendant shall file written statement on or before next date.
    The case is adjourned to 16.02.2021 for Written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: Advocate Ms. Kamini Suhas  for plaintiff present.
    Advocate Choudhari i/b M/s. Hariani and Co. for defendant present and tendered draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion. R/o 25.02.2021.
    Copy of draft NM served on advocate for Plaintiff.
    The case is adjourned to 25.02.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Advocate Amit Kherwar for plaintiff present.
    Advocate Chaudhary i/b M/s Hariani and Co. for defendant present and tendered registered Notice of Motion No. 523/21 along with affidavit in support of Notice of Motion. T.O.R.
    Advocate for Plaintiff sought time to file reply.
    The case is adjourned to 08.04.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Business: Adv. Kamin Suhas for plaintiff present and filed reply on N/M no. 523/21 t.o.r.
    None for defendant.
    In view of office order No. 120/2021 dtd. 27.06.2021 r/w  Office Order No.106/2021 dtd 14.06.2021 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 09.06.2021 of 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.
    Adjd. 27.08.2021 for N/M Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: Matter called out at 03.15 p.m.
    None present.
    Matter stands adjourned to 21.10.2021 for NM reply.
    Later on at 03.23 p.m.
    Adv. Kaamini Suhar for Plaintiff.
    Adv. Samarth Chowdhary I/b M/s. Hariani & Co. for Defendant
    present.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Adv. Kaamini Suhas for plaintiff present.
    Adv. Diya Bharma for defendant present.
    Matter stands adjourned to 10.12.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Matter called out at 4.11 p.m.
    Intern, Mahee Vohra of Advocate for plaintiff present.
    Adv. Diya Sharma for defendant present.
    Matter stands adjourned to 23.02.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Matter called out at 3.17 p.m.
    Adv. Oindrila Mukherjee for plaintiff present. She informed that she wanted to file transfer application of the matter to Court Room No.14 as similar connected matter is pending in Court Room No.14. Granted.
    Adv. Diya Bharma for defendant present.
    Matter stands adjourned to 06.05.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-05-2022
    
    Date: 06-05-2022
    Business: Adv. Kaamini Suhas for plaintiff present.
    Adv. Samarth Chowdhary I/b M/s. Indus Law for defendant present. He tendered VP. TOR. Exh.5.
    As court is busy in administrative inquiry.
    Matter stands adjourned to 26.07.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: Adv. Kamini Suhas for plaintiff present.
    None present for defendant.
    Reply already filed by plaintiff to NM No.523/2021. TOR.
    As per transfer application no.119/2022 and order dated 07.07.2022. Suit No.173/2020 a/w NM No.523/2021 is transferred to CR No.14.
    Matter stands adjourned to 11.08.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: (R and P is received from Court No.3.)
    Adv. Kamini Suhas for plaintiff present.
    Adv. S. Chaudhary for deft. present.
    The matter is adjd for hearing on N/M to 30.08.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2022
    
    Date: 30-08-2022
    Business: Adv. Kamini Suhas for plaintiff present.
    Adv. S. Chaudhary for deft. present.
    Adv. For deft. not pressed N/M No.523/2021.  Deft. has not pressed the N/M No.523/21. Therefore, N/M No.523/2021 is disposed of.  No order as to costs regarding N/M No.523/21.
    Adv. For plaintiff submits that plaintiff would file Ch/sum for addition of parties.
    The matter is adjd for steps to 08.09.2022.
    Next Purpose: FOR TAKING STEPS
    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. present.
    Adv. For plaintiff tendered draft Ch/sum.  Leave to register Ch/sum is granted.
    Copy of draft Ch/sum is supplied to Adv. For deft.
    The matter is adjd for reply to Ch/sum to 29.09.2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: C/S REPLY
    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.
    Adv of plff has tendered registered CS 1473/22 along with affidavit. Its copy already served to the deft.
    Adj. for Reply on CS 1473/22 on 07/12/2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: The Court is Vacant.
    Hence, The Matter is adjourned.
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: The court is vacant. Hence, Matter is adj.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-02-2023
    
    Date: 08-02-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: C/S REPLY
    Next Hearing Date: 02-03-2023
    
    Date: 02-03-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: The court is vacant. Hence, matter is adjd to
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: As court is vacant. Hence, matter is adjd to
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: As court is vacant. Hence, matter is adjd to
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-07-2023
    
    Date: 12-07-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: C/S REPLY
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: Syntel International Private Limited Vs Knight Frank
    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 and C/S reply.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-09-2023
    
    Date: 15-09-2023
    Business: Syntel International Private Limited Vs Knight Frank
    Adv. Amit Khairwal present for plaintiff.
    Adv. Samarth Choudhari present for defendant and third party.
    Heard both side on Chamber Summons No 1473 / 2022, wherein the plaintiff is seeking addition of third party Knight Frank (India) Pvt. Ltd as defendant No.2.
    The defendant and third party have submitted for suitable order.
    Considering the facts the Chamber Summons No.1473 / 2022 is allowed.
    Plaintiff to carry out the necessary amendment by next date.
    Notice to newly added defendant No.2 is waived.
    Matter adjourned to 29.09.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-09-2023
    
    Date: 29-09-2023
    Business: Syntel International Vs Knight Frank Property Services
    Adv. Amit Kairwar present for plaintiff.
    Adv. Aayu Saxena present for defendants.
    Exh.6 -Vakilpatra filed by defendant.
    Exh.7 - Written statement filed by defendant Nos. 1 and 2.
    Exh.8-  Application filed by plaintiff  for converting regular Suit to Commercial Suit.
    Exh.9 - Reply to Exh.8 filed by defendants.
    Heard both sides.
    FRSR following order is passed below Exh.8 -
    ORDER
        1. Application at Exh. 8, is allowed, subject to Cost of Rs. 5,000/- (Rs. Five Thousand Only).
    
        2. Plaintiff shall pay cost of Rs. 5,000/- to defendant, by next date.
    
        3. Thereafter, Registry of this Court shall re-register the Suit in appropriate category and shall assign the Suit to appropriate Court, as per Rules.
    
        4. Plaintiff shall comply Order by 13.10.2023.
    
        5. It is made clear to both plaintiff and defendant that, their pleading, which they have filed before this Court shall be part and parcel of the proceeding before Transferee Court, irrespective of stage and nature of new Suit. After transfer, the Suit shall be subjected to the stage, which is decided by the Transferee Court.
    
        6. Parties be informed about their right to challenge this Order and period of limitation for it.
    
        7. Application Exh. 8 is disposed off, accordingly.
    
        8. Order dictated and pronounced in Open Court.
    
        9. Record of Exhibit 8 shall be part and parcel of the S.C. Suit No. 100173 / 2020.
    
    Matter adjourned to 13.10.2023 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: Syntel International V/s Knight Frank Property
    Adv. Amit Khairwal present for plaintiff.
    Adv. Ranjeev Carvalho present for defendant.
    Defendant is seeking time to take appropriate steps in view of conversion of the suit from regular Suit to Commercial Suit.
    Matter adjourned to 04.11.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: Syntel International V/s Knight Frank
    Adv. Amit Khairwal present for plaintiff.
    Plaintiff witness absent.
    Adv. Ranjeev Carvalho present for defendant.
    Exh.10 - Application filed by defendant to take on record the additional written statement.
    Plaintiff submitted that, they want time to file reply to this application.
    Perused record.
    The plaintiff has got his Suit No. 100173 / 2020 converted into Commercial Suit No. 100570 / 2023, vide Order Dt. 29.09.2023.
    This conversion of this Suit and considering clause 5 of Order Dt. 29.09.2023, the defendant had got his right to make additional submissions. Hence, Exh.10 is allowed and it is considered as part and parcel of this application.
    Case adjourned to 20.12.2023 for admission /denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 20-12-2023
    
    Date: 20-12-2023
    Business: Syntel Internation 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 29/04/2024
    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: By Precipe
    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. 11.  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. 11, 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: 16-04-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100089/2020
    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

    3
    Final Order 2
    16 Apr 2024
    Order Details: Other
    Pdf Text: 16.04.2024
    51
    CORAM : H. H. J. Shri. V. D. KEDAR,
    JUDGE (C. R. No. 14)
    Com Suit 570/2023
    Exh. 11
    By Precipe
    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. 11. 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. 11, 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 --
    Interim Order 1Full order available
    29 Sept 2023

    Order Details: Order below exhibit Pdf Text: CS No.100173 / 2020, Syntel – Knight Order (Exh.8) 1 of 2 Commercial Suit No. 100173 / 2020 Syntel International Vs Knight Frank Property Order below Exhibit 8 (Delivered on this 29th Day of September, 2023) Plaintiff has prayed for conversion of his Regular Suit No.100173 of 2020, into Commercial Suit. 2) Heard Learned counsels, Shri Amit Khairvar, Smt. Swati Chandan, Smt. Divya Patil for Plaintiff and Shri R. U. Saxsena for defendant.…

    Read Full Order
    Order 1Full order available
    29 Sept 2023

    Order Details: Order below exhibit Pdf Text: CS No.100173 / 2020, Syntel – Knight Order (Exh.8) 1 of 2 Commercial Suit No. 100173 / 2020 Syntel International Vs Knight Frank Property Order below Exhibit 8 (Delivered on this 29th Day of September, 2023) Plaintiff has prayed for conversion of his Regular Suit No.100173 of 2020, into Commercial Suit. 2) Heard Learned counsels, Shri Amit Khairvar, Smt. Swati Chandan, Smt. Divya Patil for Plaintiff and Shri R. U. Saxsena for defendant.…

    Read Full Order

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