Date: 24-04-2019
Business: None present
Issue suit summons to defendant
L.O.
Adv for plaintiff present
Adv for plaintiff filed extension of time for affidavit of service
O-Time extended as prayed
Matter is Adjd for Affidavit of Service to 22/08/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: Adv. Ravat for plaintiff present.
On oral request adjd. to 14.11.2019 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv. Rawal for plaintiff present.
Defendant absent.
Matter is adjd. to 02/12/2019 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: HHJ is on Training at Uttan
Matter is adjd to 20/12/2019 for Affidavit of Services
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: PO is on leave.
Matter is adjd to 03.01.2020 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: As court is on Leave.
Matter is adjd to 04.02.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Bhargavi for plff. Present
Adv. For deft. Absent.
Matter is adjd to 12.03.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Plaintiff Present.
Defendant absent.
Adv. Rekha Shukala for plff. Present.
Adv. For deft. Absent.
Adv. For the plff. Filed affidavit in service. Order- Seen and filed. Service not completed.
Adv. For the plff. Filed application for substitute of service @ affidavit. Order- application is allowed issue summons to defendant by paper publication as prayed.
Adv. For the plff. Filed application for issue fresh writ of summons.
Matter is adjd to 23.04.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 23-04-2020
Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 14-05-2020
Date: 14-05-2020
Next Purpose: REPORT
Next Hearing Date: 03-06-2020
Date: 03-06-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 20-06-2020
Date: 20-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 08.03.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Plaintiff absent.
Adv. Bhargavi Raval I/B Rekha Shukla For plaintiff present
Defendant and his advocate are absent.
Adv for plaintiff filed application for Extension of Time of publication as per order dated 12.03.20
O – Granted extension as prayed.
Adv. For plaintiff filed Application for Issue of Fresh Writ of Summons for Defendants
O – Issue Fresh Summons as prayed
Matter is adjd to 28.04.2021 for Report
Next Purpose: REPORT
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 31/07/2021 for Report
Next Purpose: REPORT
Next Hearing Date: 31-07-2021
Date: 31-07-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is discharged.
The matter is adjd to 17.08.2021.
Next Purpose: REPORT
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv. Yojana Gandhi for plaintiff present.
Exh.2 - Adv. For plaintiff filed application seeking time for compliance of order dated 12.03.2020.
O. - Time to comply order dated 12.03.2020 is granted.
The matter is adjd for compliance to 06.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Adv. Bhargavi for plaintiff present.
Exh.3 - Adv. For plaintiff filed application for serving writ of summons through substituted service.
O. - It is submitted that deft. is avoiding service of summons. Therefore, issue writ of summons for serving it in accordance with Order 5 Rule 17 of C.P.C.
The matter is adjd for filing service affidavit to 10.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: P.O. is on leave. Matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv. Falguni Rawal for plaintiff present. She prayed for extension of time for service of writ of summons as per order dated 06.10.2021. Extension of time as prayed for is granted.
The matter is adjd for filing service affidavit to 01.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv. Bhargavi Raval for plaintiff present.
Exh.4- Service report along with original writ of summons received from Civil Court, Vashi, Navi Mumbai. T.O.R.
As per service report (Exh.4), deft. nos.1 to 3 are deemed to be served with writ of summons. But, they failed to tender their appearance. Therefore, suit to proceed ex-parte against deft. nos.1 to 3.
The matter is adjd for ex-parte evidence to 10.01.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: P.O. is on half day leave (First Session). Hence, matter is adjourned.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: None present.
In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for ex-parte evidence to 04.03.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv. Bhargavi Raval for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 23.03.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv. Yojana Gandhi for plaintiff present.
Adv. Kanchi K. Joshi i/b. Adv. Vivek Rana for defts. present. She submits that defendants instructed her to appear before the Court and she will take necessary steps for setting aside ex-parte order.
The matter is adjd for ex-parte evidence to 19.04.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv. Yojana Gandhi for plaintiff present.
None appeared on behalf of defendants.
Already ex-parte order is passed on 01.12.2021. Therefore, the matter is adjd for ex-parte evidence to 13.06.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adv. Yojana Gandhi for plaintiff present. She sought time for adducing evidence. Time as prayed for is granted.
The matter is adjd for ex-parte evidence to 30.06.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: Adv. Bhargavi Raval i/b. Adv. Rekha Shukla for plaintiff present.
Exh.5 - Adv. For plaintiff filed claim affidavit of PW-1 Dilipkumar Atmaram Nagpal. T.O.R.
Witness is present. Contents in the affidavit are verified, read and recorded.
Exh.6 - List of documents. T.O.R.
The matter is adjd for arguments to 02.07.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-07-2022
Date: 02-07-2022
Business: Adv. Rekha Shukla for Plff present. Deft absent. Advocate Vikram Jakhadi for deft present. Heard arguments of Adv. Rekha Sukla for plff.LO at 1.20 pm. Same appearance.Advocate Vikram Jakhadi appeared before the Court and submitted that Deft no.1 instructed him to appear before the Court.Matter already proceeded without appearance of Deft no. 1 to 3. Therefore, without taking appropriate steps for setting aside Ex-parte order, deft no. 1 can not be permitted to appear before the Court. Deft no. 1 is at liberty to take appropriate steps. Matter adjd for Judgement on 07.07.22LO at 3.05 pm. Adv. Vikram tendered appearance memo. TOR. Already adjd to 7.7.22.
Next Purpose: JUDGMENT
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: None for plaintiff.
Adv. Arun Nile for deft. nos.2 and 3 present.
Exh.7 - Vakalatnama tendered by Adv. Arun Nile for deft. nos.2 and 3. T.O.R.
As per order dated 01.12.2021, suit proceeded without appearance of defendants. Therefore, defendants have to take appropriate steps.
The matter is adjd for judgment to 13.07.2022.
L.O. at 01.05 pm.
Adv. Yojana Gandhi for plaintiff present.
The matter is already adjd for judgment to 13.07.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: None for plaintiff.
Adv. Arun Nile for deft. nos.2 and 3 present.
Adv. For deft. nos.2 and 3 tendered draft N/M. Leave to register and serve N/M is granted.
The matter is adjd for service of N/M to 28.07.2022.
L.O. at 01.15 pm.
Adv. Yojana Gandhi for plaintiff present.
The matter is already adjd for service of N/M to 28.07.2022.
Next Purpose: SERVICE
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: Adv. Yojana Gandhi for plaintiff present.
Adv. Vinod Gupta for deft. nos.2 and 3 present.
Adv. For deft. nos.2 and 3 tendered registered N/M No.2503/22. T.O.R.
Adv. For deft. nos.2 and 3 tendered service affidavit regarding service of N/M. T.O.R.
Adv. For plaintiff filed reply to N/M. T.O.R.
Copy thereof is served to Adv. For deft. nos.2 and 3.
The matter is adjd for hearing on N/M to 05.08.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. Rekha Shukla for plaintiff present.
Adv. Arun Nile for deft. nos.2 and 3 present.
Heard arguments of both sides on N/M No.2503/22.
The matter is adjd for order on N/M No.2503/22 to 12.08.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: None for plaintiff.
Adv. Vinod Gupta for deft. nos.2 and 3 present.
K.B.
L.O.
Court is busy in recording evidence in Comm. Suit No.604/21 and Comm. Suit No.935/21
The matter is adjd for order on N/M No.2503/22 to 19.08.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: None present.
F.R.S.R. following order is passed below N/M No.2503/22 -
ORDER
1. Notice of Motion No.2503 of 2022 is dismissed.
2. No order as to costs.
3. Notice of Motion No.2503 of 2022 is disposed of accordingly.
As per order of Hon\''ble NCLT bench, Mumbai in C.P. (IB) No.2684/NCLT/MB/2019 dated 03.03.2020, suit as against defendant No.1 cannot be continued. Therefore, suit as against defendant No.1 is stayed. Suit to proceed as against defendant Nos.2 and 3.
The matter is adjd for arguments to 30.08.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv. Bhargavi Rawal for plaintiff present. She sought time for arguments. Time as prayed for is granted.
The matter is adjd for arguments to 08.09.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Adv. Bhargavi Rawal for plaintiff present.
CA of plaintiff by name Dilipkumar Nagpal present.
Exh.8 - Adv. For plaintiff filed application for withdrawal of suit as against deft. no.1.
O. - Contents in the application are verified from CA of plaintiff. It is verified, read and recorded. Plaintiff wants to withdraw the suit unconditionally as against deft. no.1 as NCLT, Mumbai admitted petition against deft. no.1 company. Therefore, plaintiff is permitted to withdraw the suit unconditionally as against deft. no.1.
Suit to proceed against deft. nos.2 and 3.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 12.09.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Adv. Bhargavi Rawal for plaintiff present.
Exh.9 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No.334 of 2021 is partly decreed with costs.
2. Defendant Nos.2 and 3 shall pay an amount of Rs.9,54,000/- (Rupees Nine Lacs Fifty Four Thousand only) along with interest @ 12percent p.a. on the principal amount of Rs.9,00,000/- to plaintiff from the date of the suit till its realization within two months.
3. Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
4. Decree thus follow.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 12-09-2022
