Mazgaon Dock Shipbuildes Limited - Suit Stamp No.05 of 2018VsDharmaraiya Kamgar Karmachari Mahasangh

Date: 05-01-2018
Business: Adv. Vishal Talsania a/w Adv. Yasmin Sarang for pltff tendered regd Nm No. 56 of 2018 along with affidavit in service.
Affidavit of service filed. TOR
Exh 2  Vakalatnama of Adv. Jane Cox for defts present.
Ld Adv appearing for deft given undertaking that deft will not demonstrate and create violence within the premises of plaintiff and they will not obstruct ingress and egress of the employees and visitors of pltff.  In view of undertaking given by deft matter is directly posted for filing reply to NM.
Adjd to 16.01.2018 for NM reply.
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-01-2018

Date: 16-01-2018
Business: Adv. Sarang for Plaintiff
Adv. Jane Cox for Defendant
Deft filed affidavit in reply to NM and filed w/stmt. TOR marked as exh.
Exh 3   Written statement
         Present suit for order of permanent injunction restraining defendant from conducting any hesitation by violent means or disturbing or obstructing regular business of the plaintiff and for preventing ingress and egress of its staff. Perusal of body of the plaint, plaintiff sought relief against the defendant worker union, prima facie it appears that there is a relation between plaintiff and defendant as employer and employee. Defendant filed their written statement at Exh 3 on record therein contended that the plaintiff has an alternate remedy under the provisions of The Industrial Dispute Act, 1947 and Industrial Laws which they have not exhausted, as such defendant raised objection as to the jurisdiction of this court. In the circumstances following preliminary issues is framed suo motu.
ISSUES
1.  Does plaintiff pr
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2018

Date: 14-02-2018
Business: Adv. Yasmin Sarang   for Plaintiff
Adv. Jane Cox for Defendant
Matter Adjd for  NM reply to 18.04.2018.
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2018

Date: 18-04-2018
Reason For Adjournment: court time is over
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 02-07-2018

Date: 02-07-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2018

Date: 04-09-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2018

Date: 07-12-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2019

Date: 13-02-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2019

Date: 26-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2019

Date: 06-08-2019
Business: Adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: Adv. Talsania for the Plaintiff present.
Adv. Jane Cocks for Defendant present.
Matter is adjd. to 11/10/2019.
Earlier order to continue till then.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2019

Date: 11-10-2019
Business: Matter pertains to C. R. No. 12
Adv. Ms. Yasmin Sarang for the Plaintiff present.
None present  for the Defendant.
Earlier ad interim order be continued till next date.
Matter is adjd. to 6.02.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Adv. Yasmin Saranag for Plaintiff is present.  She seeks time for hearing of N/M. O-Granted.
Adv.  Karishma Rao for defendant is present.
Earlier Ad-interim order, if any be continued till next date.
Matter is adjd.  for N/M hearing to 13/04/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2020

Date: 13-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
Matter is adjd. to 26.2.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: Adv.Yasmin Sarang for plaintiff.
None for defendant.
Ld. advocate for the plaintiff has sought extension of ad-interim relief which was in existence till 13.04.2020.  Today, the ad-interim relief is not in existence. It seems that the plaintiffs have not complied with the provisions of Order 39 Rule 3 of CPC. Hence, the question of extension of ad-interim relief does not arise.
Plaintiff has filed the present suit for injunction restraining the defendant Kamgar Sanghatna from obstructing the employees of the plaintiff and holding gherao. Hence, keep the matter for argument on the point of jurisdiction
Matter is adjd. to 15.03.2021 for argument on the point of jurisdiction.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Adv. Yasmin Sarang for the plaintiff.
None for defendant.
KB
L.O.
Adv. Galsaniya for the plaintiff.
None for defendant.
On oral request of the ld. advocate for the plaintiff, matter is adjd. to 08/04/2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
discharged.
Matter is adjd. to 16.06.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: None present.
Matter is adjd. to 06/10/2021 for argument on the point of jurisdiction.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: Adv Yasmin Sarang present for the plaintiff.
Matter is adjd. to 07.02.2022 for NM argument/ hearing.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per Office Order No.27 of 2022  dtd.06/02/2022 due to mourn the sad demise of Veteran Singer Bharat Ratna Lata Mangeshkar and High Court, Bombay, vide letter dtd. 06/02/2022 bearing No. RG/1611/09/2022 has declared Holiday on Monday i.e. 07/02/2022. therefore, matter is adjourned on next date.
Matter is adjd. to 16.04.2022 N/M for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: Adv. Yasmeen Sarang present for plaintiff. None present for defendant. Matter adjourned for NM Hearing to 30.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: Adv. Yasmin Khan for plaintiff present. She tendered application for keeping suit on sine die list. TOR marked at exh. 04.
None present for defendant.
Matter adjourned for say and hearing on exh. 04 and n/m to 03/09/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: As per Office Order No. 178/2022, Special holiday declared. Hence matter is adjd. to 03/10/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Adv. Yasmin sarang present for plaintiff and sought adjournment.
None present for defendants.
As per request of advocate for plaintiff, Matter adjourned for hearing on exh. 04 and nm to 02/12/22.
Next Purpose: HEARING
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: Adv. Yasmin Sarang present for plaintiff and sought adjournment.
None present for defendants.
Matter adjourned for hearing on exh. 04 and nm to 16/02/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: Adv Yasmeen Sarang present for plaintiff and submitted that Writ Petition is filed in present suit and sought adjournment.
None present for defendant.
Matter adjourned hearing on Exh-04 and NM for 03.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2023

Date: 03-04-2023
Business: Adv. Yasmin sarang present for plaintiff and sought adjournment for hearing on application.
None present for defendants.
Matter adjourned for hearing to 07-06-23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2023

Date: 07-06-2023
Business: Adv. Yasmin Sarang present for plaintiff.
None present for defendant.
Matter adjourned for NM Hearing to 13.07.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2023

Date: 13-07-2023
Business: Adv. Yasmin Sarang present for plaintiff.
None present for defendant.
On oral request of advocate for plaintiff, Matter adjourned for NM Hearing to 11.09.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2023

Date: 30-11-2023
Business: Adv. Yasmin Sarang present for plaintiff.
None present for defendant.
Matter adjourned for NM Hearing to 14.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2024

Date: 14-02-2024
Business: Adv. Yasmin Sarang present for plaintiff and submitted that connected matter is pending before Honble High Court, Mumbai on same issue and it is stayed.
None present for defendants.
Matter adjourned for NM Hearing to 08.07.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2024

Date: 08-07-2024
Business: Adv. P.S. Bankar present for plaintiff.
None present for defendants.
Matter adjourned for NM Hearing to 23.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: As Court is on leave. Board is discharged. Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2024

Date: 11-10-2024
Business: Adv. Kalyani Pate i/b. M.V. Kini and company present for plaintiff.
None present for defendants.
Matter adjourned for NM Hearing to 16.11.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2024

Date: 16-11-2024
Business: Adv. P. S. Bankar Adv. Maya Dave i/b M. V. Kini and Co. present for plaintiff. He submits that same matter is pending before Hon\''ble High Court also. He prays for an adjournment.
None present for defendant.
Matter adjourned for NM Hearing to 05.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2025

Date: 05-02-2025
Business: Adv. Pradnya Lade i/b M. V. Kini and Co. for plaintiff present.
None present for defendant.
Ld. Adv. for plaintiff submit that, the issue involved in the matter is pending for consideration before Honble High Court. The Honble High Court granted stay with respect to said issues.
In view of the above, time granted.
Matter adjourned for NM Hearing to 30.04.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2025

Date: 30-04-2025
Business: Adv. Pradnya Lade a/w. Adv. Maya Dave i/b M. V. Kini and Co. for plaintiff present.
Adv. Puranik present for defendant/SRA.
As Court is busy in hearing on MA in ABA 91/2025. Hence, matter adjourned.
Matter adjourned for NM Hearing to 18.07.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2025

Date: 18-07-2025
Business: Adv. Pradnya Lade  i/b M. V. Kini and Co. for plaintiff present and seek time. Time granted. She seek longer date.
None present for defendant.
Matter adjourned for NM Hearing to 26.09.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2025

Date: 26-09-2025
Business: None present for plaintiff and defendants.
Matter adjourned for NM Hearing to 05.12.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2025

Date: 05-12-2025
Business: Exh.1- Plaint.
Exh.2- Vakalatnama.
Exh.3- Address Memo.
Exh.4- List of document.
Adv. Pradnya Lade i/b. M.V. Kini and Co. for plaintiff present and filed application Exh.5  for withdrawal of suit. Taken on record.
Mrs. Sharandeep Garcha, Manager of legal department of Plaintiff present.
Common order below Exh.1 and Exh.5
     The plaintiff wants to withdraw the suit unconditionally. Hence, plaintiff is allowed to withdraw the suit unconditionally. Court fees be refunded to plaintiff according to law. Pending Notice of Motion No.56/2018 is disposed off.
Nature Of Disposal: OTHER
Disposal Date: 05-12-2025

Registration Number: 100056/2018
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100056/2018
Transfer Date: 28-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 100153/2018
Filing Date: 05-01-2018
First Hearing Date: 05th January 2018
Decision Date: 05th December 2025
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE