Date: 15-02-2019
Business: Adv. Mamta Ranga for plaintiff tendered registered N/M No.488/18 and C/S No.233/19.
Adv. Amin for defendant no.1 tendered reply motion and chamber summons.
Adv. Kumbhar for defendant no.2(official liquidator)present.
Defendant no.1 has served copy of their reply of motion and C/S on plaintiff and defendant no.2.
Matter adj for reply of def.no.2 on N/M and C/S on 15/03/19.
Next Purpose: C/S REPLY
Next Hearing Date: 15-03-2019
Date: 15-03-2019
Business: Adv. Mamta Ranga for plaintiff present.
Adv. Amin for Defendant No.1 present.
Adv. Kumbhar for Defendant No.2 present.
Matter adj for reply on Chamber Summons, Notice of Motion and Misc. Application on 30.03.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 30-03-2019
Date: 30-03-2019
Business: Adv.Mamta Ranga for plaintiff present.
Adv.Amin for defendant no.1 present.
Adv.Rekha Chavan for defendant no.2 present.
Matter adj for reply on Chamber Summons, Notice of Motion and Misc. Application on 18/04/19 as a last chance.
Next Purpose: C/S REPLY
Next Hearing Date: 18-04-2019
Date: 18-04-2019
Business: Adv.Nupur Avasati for plaintiff present.
Adv.Amim for defendant no.1 present.
Adv.Kumbhar for defendant no.2 present.
Matter adj for reply on MA on 19/06/19.
Next Purpose: REPLY
Next Hearing Date: 19-06-2019
Date: 19-06-2019
Business: Matter called out (03.01 pm)
Adv.Mamta Ranga for plaintiff present.
Adv.Rekha Jaiswar h/f Sandeep Bhagwat (official liquidator) present.
None appearing defendant no.1. Defendant no.2 (official liquidator) filed reply to N/M No.488/19. T.O.R.
Matter adj for hearing on N/M No.488/19 on 28/06/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2019
Date: 28-06-2019
Business: SECOND HALF COURT IS ON LEAVE
Matter adj for hearing on N/M on 10/07/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2019
Date: 10-07-2019
Date: 25-07-2019
Date: 29-08-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Usha Srivastava for plaintiff present.
Adv. Amin for defendant no. 1 present.
Matter adjd to 11.09.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 11-09-2019
Date: 11-09-2019
Next Purpose: ORDER
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Usha Srivastava for plaintiff present. And tender copy of suit no. 3367/2008 and notice of motion 1362/2019 which the order of Hon\''ble High court was passed.
Adv. for defendant no. 1 present.
Adv. for defendant no. 2 present.
Heard, Advocate for defendant no.1.
Advocate to represent to the liquidator tender list of material dates and events to the court. Heard, Ld. Counsel for liquidator.
Matter adjd to 05.11.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 05-11-2019
Date: 05-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv. for plaintiff present.
Adv. for defendant no. 1 present.
By consent matter is adjourned on next date.
Matter adjd to 17.12.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Plaintiff absent.
Defendant present.
Adv.for plaintiff absent.
Adv.for defendant absent.
Advocate for plaintiff absent. Advocate for defendant is absent representative of official is present before the court, matter is adjourned on order on notice of motion on next date.
Matter adjd to 22.01.2020 for order on notice of motion.
Next Purpose: ORDER
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.Nupur Awasti for plaintiff present.
Adv.for defendant no. 1 present.
Ld. counsel for defendant filed Judgment of Hon\''ble Bombay High court in Civil Application no 436/2018.
Matter adjd to 29.01.2020 for order.
Next Purpose: ORDER
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Adv.Sakina for plaintiff present.
Adv.for defendant absent.
As court is busy in dictating order in Commercial Suit No. 33/2019.
Matter adjd to 24.02.2020 for order on notice of motion.
Next Purpose: ORDER
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Next Purpose: ORDER
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: As per office order no. 66/2020 Board is Discharge
Matter Adjd to 03-08-2020
Next Purpose: ORDER
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: ORDER
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: PO is on leave.
Next Purpose: ORDER
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv. Sakina for plaintiff present
Adjd to re-argument to 08-06-2021
Next Purpose: ARGUMENTS
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: None present for both parties.
KB
LO
None present.
Applicant and his Ld. Adv are directed to remain present before the Court on next date failing which further order will be passed.
Matter is adjd to 09.08.2021 order.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: None present for both parties.
KB
LO
None present.
Matter is adjd to 18.08.2021 for order.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Business: None present for both parties.
KB
LO
None present.
Matter is adjd to 16.09.2021 for order.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: None present for the plaintiff.
Adv M/s Amin and co. present for the defendant no.1
Matter is adjd to 05.10.2021 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: None present.KB Adv Anjal Amin for defendant present.
Matter is adjd for NM Hearing to 12.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Date: 10-12-2021
Business: Applicant absent.
Adv. Ms. Sangita for plaintiff present.
Respondent is present.
Adv. for the plaintiff filed adjournment application. O-Adjournment granted lastly.
Matter is adjd. to 17/01/2022 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: The suit is posted for argument, in view of SOP dated 07/01/2022, Order No.07/22. Both parties to attend arguments through VC on next date or otherwise filed written notes of argument.
Matter is adjd. to. 11-04-2022 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Advocate Mr. Amin for defendant no. 1 present.
None for applicant.
He requested short date.
Matter is adjd. for argument to 30-06-2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: Adv. Skina Rohawal for Plaintiff present.
None present for defendant.
At the request of adv. For Plaintiff adjd to 02/08/2022 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Date: 26-09-2022
Date: 25-11-2022
Business: As court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: As court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 20-03-2023
Date: 20-03-2023
Business: As court is vacant.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Date: 31-07-2023
Business: Adv.Shaikh Sameer present for Applicant, in NM and CS seeking time. Times is granted.
Adv.Anjal Amin present for defendant No.1.
Matter stands adjourned for further argument on 21-08-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-08-2023
Date: 21-08-2023
Business: None present for plaintiff.
Adv. Amin present for Applicant in M.A and defendant No.1.
KB
L.O. at 12.45 pm.
Adv. Amin present for Applicant in M.A and defendant No.1.
Plaintiff/Applicant in NM and CS absent.
Put up for CS and NM dismissal on next date.
Matter stands adjourned NM and CS dismissal on 05-10-2023.
L.O. at 12.51 pm.
Adv. Ujwala present for plaintiff.
Matter is already stands adjourned NM and CS dismissal on
05-10-2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-10-2023
Date: 05-10-2023
Date: 03-11-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: ARGUMENTS
Next Hearing Date: 02-12-2023
Date: 02-12-2023
Business: P. O . is on Leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-01-2024
Date: 17-01-2024
Date: 20-03-2024
Business: Adv. Sakina Ruhawala present for plaintiff, tendered written notes of argument on Notice of Motion No.488/19 TOR.
Adv. Anjala Amin present for defendant No.1.
Matter stands adjourned for Notice of Motion hearing
on 09-05-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-05-2024
Date: 09-05-2024
Business: None present.
Kept back.
L.O. at 12.20 pm.
None present for plaintiff.
Adv.Anjal Amin present for defendant No.1, tendered written notes of argument to Notice of Motion No.488/2019 TOR.
Matter stands adjourned for Notice of Motion hearing P.H.
on 05-07-2024.
Next Purpose: NM P.H.
Next Hearing Date: 05-07-2024
Date: 05-07-2024
Business: None present for petitioner.
Adv. Pathak for Respondent No.1.
Matter stands adjourned to for Notice of Motion hearing P.H.
on 30-08-2024.
Next Purpose: NM P.H.
Next Hearing Date: 30-08-2024
Date: 30-08-2024
Business: None present for applicant.
Adv. Amin for respondent No.1 present.
It appears from the record that the Suit No.7720/02 was dismissed in default on 18-02-2014 and as per order in Notice of Motion No.958/14, the suit came to be restored subject to payment of costs of Rs. 6,000/- to the defendant and carrying amendment as per order in roznama dated 02-11-2018. In consequent to failure to comply the order in Notice of Motion No. 958/14, the court has directed that the order dated 02-11-2018 will not effect, thenafter, the plaintiff has taken out Notice of Motion No.488/2019 and Chamber Summons No.233/2019.
The counsel of respondent No.1 in Notice of Motion No.488/2019 submitted that the Petitioner has not complied the order of 02-11-2018 yet and has not paid costs to respondent No.1.
Matter stands adjourned for Notice of Motion order on 04-09-2024.
Next Purpose: NM ORDERS
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: None present for Petitioner.
Adv. Anjal Amin present for Respondent No.1.
Heard.
F.R.S.R. following order is passed on Notice of Motion No.488/19-
ORDER
1.Notice of Motion No.488 of 2019 in Suit No.7720 of 2002 (Disposed of), is hereby allowed subject to payment of costs of Rs.10,000/- to be paid to defendant No.1 within one month from the date of this order.
2.Plaintiff is also permitted to pay the costs of Rs.3,000/- to defendant No.1 as per the order in notice of motion No.958 of 2014, within one month from the date of this Order.
3.Delay stands condoned after payment of costs of Rs.10,000 and Rs.3,000/- i.e. Rs.13,000/- and Suit No.7720 of 2002 stands restored.
4.In case of failure to pay the costs within stipulated period, the instant notice of motion shall be treated as dismissed without reference to this Court.
5.Notice of motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
Matter stands adjourned for Chamber Summons hearing/compliance
on 04-10-2024.
Next Purpose: C/S HEARING
Next Hearing Date: 04-10-2024
Date: 04-10-2024
Business: None present.
Kept back.
Later On at 12.12 pm.
Adv. Sakina Ruhawala present for plaintiff, tendered pursis TOR and submitted that order in Notice of Motion No.488/19 is duly complied.
Plaintiff is directed to file affidavit.
None present for respondent.
Matter stands adjourned for filing affidavit on 04-12-2024.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 04-12-2024
Date: 04-12-2024
Business: None present.
Matter stands adjourned for filing affidavit of documents
on 03-02-2025.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 03-02-2025
Date: 03-02-2025
Business: As court is vacant. Hence, matter is ajd to.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 02-04-2025
Date: 02-04-2025
Business: Adv Sakkina D present for plaintiff.
She is seeking oral adjournment.
Misc. Application is of 2017.
Parties to expedite.
Else, put for order against defaulting parties.
Suit adjourned to 02-09-2025 for filing affidavit of documents .
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 02-09-2025
Date: 02-09-2025
Business: Adv. Sakina Ruhawala present for plaintiff.
Adv. Amin present for defendant no. 1 through VC.
Original suit which was dismissed for default has been order to be restored subject to cost. Plaintiff has paid cost. Hence, Suit No. 7720/02 be restored.
Matter stands adjourned to 03.11.2025 for Chs Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 03-11-2025
Date: 03-11-2025
Business: As the presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: C/S HEARING
Next Hearing Date: 14-01-2026
Date: 14-01-2026
Business: Adv. Sakina Ruhawala i/b M/s Consulta Juris present for plaintiff and appraised is taken out for amendment of the plaint as per schedule supported by affidavit of Ram Jhaluka alongwith fresh certificate of incorporation and consequent on change of name of defendant No.1 Alpic Security Ltd. to Allanzers Security Ltd.
Director of the defendant No.1 Murlidharan Pazhaya Pisharam resisted vide reply dated 15-02-2019 the Chamber Summons for the reasons that plaintiff have not sought extension of time to carry out amendment as per order dated 02-11-2018 which cease to be operate.
Points-
1. Whether Chamber Summons as per schedule deserves to be allowed Ans. Yes.
2. What order Ans. Chamber Summons is allowed
Reasons-
Heard Sakin Ruhawala for plaintiff. None present for defendant.
Gone thorough to the schedule and supporting affidavit with certificate of incorporation, hence, I am inclined to allow Chamber Summons pending since 2019. Hence, plaintiff to carry out amending within 3 days from the date passing of order.
Judge
Order in M.A. No. 86/2017
The present M.A. strangely pending in the city Civil Court despite
the order passed by Honble Bombay High Court in Anandrao
Vithoba Powar v/s Mumbai Repair and Reconstruction Board and
Ors. W.P. 9357/13 dated 19-10-2013 hence, application is not maintainable in the BCCC, 1948 hence, disposed off for want of appropriate proceeding with liberty to file appropriate proceeding.
Matter stands adjourned to 17-01-2026 for compliance of the
Chamber Summons order.
Nature Of Disposal: ALLOWED
Disposal Date: 14-01-2026