Date: 04-02-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: H.H.J. is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-02-2020
Date: 20-02-2020
Business: Adv. Shrinivas Bobade for plaintiff present.
Adv. Ms. Paluck B. for defendant nos. 4 and 5 present.
Ld Adv for plaintiff tendered original registered Notice of motion No. 519/2020 along with affidavit t.o.r.
Ld Adv for defendant nos. 4 and 5 filed reply to the NM t.o.r.
O- R and R.
By consent Matter adjd for NM hearing to 27-02-2020 at 2.45 pm.
L.O. at 4.06 pm
Adv Bamne for defendant no. 1 present.
By consent Matter adjd for NM hearing to 27-02-2020 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv. Shrinivas Bobade a/w Priyanka Dubey for plaintiff present.
Adv. Niyati Merchant a/w Paluck Bengali for defendant no. 4 and 5 present.
Heard ld Adv for plaintiff.
Ld Adv for defendant seeks time to argue. Time granted till next date.
Matter adjd for NM hearing of defendant. to 02-03-2020 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Adv. Megha Gupta for plaintiff present.
Adv. Prakash Shinde a/w Ms. Paluck B. for defendant no.4 and 5 present.
KB. L.O. at 4.30 pm.
Adv Priyanka Dubey for plaintiff present.
Heard both sides.
Ex.05 Ld Adv for plaintiff filed compilation of orders t.o.r. O- Seen.
Matter adjd for NM order to 30-03-2020 at 2.45 pm.
Next Purpose: NM ORDERS
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Next Purpose: NM ORDERS
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Business: Matter pertains to C.R.No.20.
By precipe.
Advocate Priyanka Dubey @ Adv. Karan Bhosle for Plff present.
Advocate for defendant is absent.
Service on the defts by email.
On perusal of the record, it appears that the original stage of this matter is for order on NM No. 519/20 taken out by the plff.
It appears from the precipe and arguments advanced by adv Karan Bhosle on behalf of the plff that the matter is pending for order on NM. The plaintiffs have apprehension that the defendant will proceed and declare them as willful defaulter.
Now a days, admittedly, there is lock down in India as well as in the entire world for epidemic of COVID 19. Therefore atleast status quo may be passed in favour of the plff.
Order.
Considering record, arguments advanced by the Ld. Counsel Mr. Karan Bhosle on behalf of plff and precipe, it appears that considering lock down and epidemic of COVID 19, it is just and proper to pass an order to maintain status quo of both the parties. Hence, both the parties are directed to maintain status quo till the decision of NM No. 519/2020.
Adjd to NM order to 19.06.2020.
Sheristeder is directed to issue authenticated copy.
Next Purpose: NM ORDERS
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: None present.
The suit was posted for NM order on 30-03-2020 due to National Lock Down. Matter adjourned time to time from 30-03-2020 to 07-08-2020.
Court busy in dictating hearing in Stamp no. 4093/2020, 3911/2020 and 4090/2020 and dictating chamber summons order in SU 3021/12.
Matter adj for NM order to 04-09-2020
Next Purpose: NM ORDERS
Next Hearing Date: 04-09-2020
Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Business: Adv Vivek Singh for plaintiff present.
Adv Sunil Kadam for defendant no.2 present.
Ex.06 Adv for defendant no.2 filed V/N t.o.r. O- Seen and filed.
Today matter is posted for order on NM no. 519/2020.
The Ld Adv for defendant no.2 states that defendant no.2 wants to file reply to NM no. 519/2020. He further states he is adopting argument advanced by adv for defendant no. 4 and 5. He further states he doesn\''t want to argue further the NM. Therefore, the reply be taken on record.
The Ld Adv for plaintiff states that he has no objection for taking the reply on record. He further states after going through the reply, if new things comes on record then he wants to file rejoinder to the reply of defendant no.2. He further states the advocate on record is not well therefore, three weeks time be given to file rejoinder, if any.
The reply of defendant no.2 is taken on record. Order passed on it as per today\''s noting and submissions of both sides reply is read and recorded.
By consent matter adj for filing rejoinder if any to the reply of defendant no.2 to 07-10-2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Adv. Paluck Bengal for defendant No. 4 and 5 present.
Adjd for NM reply to 22/04/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: Court is vacant
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Adv. Ms. Astha Thakar for Plaintiff present.
NM 519/20 Adv. Mr. Sunil Kadam for Defendant No. 2 present.
By consent matter adj. to 26/10/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Court is Vacant board discharged
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Matter pertains to C.R.No.59
None present for plaintiff
Adv. Hemant Naik for defendant No.2 present.
Draft Notice of Motion alongwith affidavit in support tendered by defendant No.2.
Order Leave is granted to register the Notice of Motion.
Matter Adjd for tendering original registered NM on 26/04/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: advocate Hemat Naik of Defendant No. present.
None for defendant.
The advocate of defendant filed registered NM 1143.2022. T.O.R
Matter Adjd 03-08-2022 for Reply.
Next Purpose: REPLY
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: Adv Sairuchita Chowdhary for plff present
Adv Divya Bamne I/b M/s. A.R.Bamne and Co. for def No.1 present
Adv Sunil Kadam for Defendant No.2 present
Adv for plff tendered Vakalatnama t.o.r
Adv for def NO.2 tendered service affidavit t.o.r.
Matter is adjd on 24.08.2022 for Reply
Next Purpose: REPLY
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Matter called out at 3.20 pm
Adv Sairuchita Choudhary for plff present
Adv Divya Bamne I/b M/s. A.R.Bamne and Co. for Def No.1 present
Adv for defendant No.2 present
Adv for plff tendered reply to NM 1143/22 t.o.r copies are already served upon adv for defendant.
Adv for defendant No.1 tendered pursis t.o.r marked as Exh 7
Adv for plff tendered draft NM a/w affidavit t.o.r Leave is granted to register NM.
Matter is adjd on 06.09.2022 for NM Argument
Next Purpose: NM ARGUMENTS
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Adv Sairuchita Chowdhary for plff present
Adv Niranjan Wankhede a/w Adv Divya Bamne I/b M/s. A.R.Bamne and Co. for defendant No.1 present
Adv Sunil Kadam for defendant No.2 present
Adv Harsh Sheth for defendant Nos. 4 and 5 present
Adv for defendant No.2 has already tendered registered NM 1143/22 t.o.r
Heard advs for plff and adv for defendant No.2 on NM No. 1143/22
Matter is adjd on 19.09.2022 for NM Order
Next Purpose: NM ORDERS
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Matter called out at 3.12 pm
Adv Sairuchita Chowdhary for plff present
Adv Divya Bamne for defendant No.1 present
Adv Hemant Naik for defendant No.2 present
K.B. for order
L.O. at 4.30 pm
FRSR FOLLOWING ORDER IS PASSED IN NOTICE OF MOTION NO. 1143 OF 2022
Order
1. Notice of Motion No. 1143 of 2022 is made absolute in terms of prayer clause (a) and status quo order dated 27.05.2020 is vacated.
2. Parties to proceed with hearing on Notice of Motion No. 519/2020.
3. Notice of Motion No. 1143 of 2022 is disposed off.
Authenticated copy of the Roznama be given to the parties.
Matter is adjd on 04.10.2022 for NM Reply on 3319/22
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Matter called out at 3.37 pm
Adv Sairuchita Chowdhary for plff present
Adv Divya Bamne for defendant No.1 present
Adv Mitali Devkar for defendant Nos. 4 and 5 present
Adv for plff tendered draft ch/s a/w supporting affidavit t.o.r Leave is granted to register ch/s. Copy served upon the defendants and proposed defendant No.1
Matter is adjd on 14.10.2022 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: Matter called out at 3.25 pm
Adv Sairuchita Chowdhary for plff present
Adv Mitali Devkar for proposed defendant No.1 and defendant Nos. 4 and 5 present
Adv Sunil Kadam for defendant No. 2 present
Adv for plaintiff tendered registered ch/s 1608/22 a/w affidavit t.o.r. She further tendered service affidavit t.o.r
Adv for defendant No. 2 tendered reply to NM 3319/22 t.o.r. Copy be served upon adv for plff and adv for proposed defendant No. 1
Adv for proposed defendant No. 1 tendered Vakalatnama t.o.r. Adv for proposed defendant No. 1 submits that she has no objection to allow the chamber summons 1608/22. Heard adv for plaintiff. Perused chamber summons 1608/2022 and supporting affidavit. Plaintiff has taken out the chamber summons to substitute the correct branch of defendant No.1 bank. The chamber summons is taken out pursuant to the pursis Exh 7 dated 24.08.2022 filed by defendant No. 1 stating that it is incorrectly added as party and the said branch had not sanctioned the credit facilities. It is contended that after merger of Dena Bank into Bank of Baroda, an attempt was made to find out exact branch of Bank of Baroda wherein the account was transferred. The amendment is formal. It is necessary for proper adjudication in the matter. Therefore, following order is passed in chamber summons No. 1608 of 2022
Order
1. Chamber Summons No. 1608 of 2021 is made absolute in terms of prayer clause (a) and (b).
2. Plaintiff to carry out amendment in the plaint within 14 days and shall tender copy of amended plaint on record. Copy of amended plaint be served upon all the defendants.
3. Chamber Summons No. 1608 of 2022 is disposed off.
Matter is adjd on 01.11.2022 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Matter called out at 3.46 pm
Adv Sairuchita Chowdhary for plff present
Adv Hemant Naik for defendant No.2 present
Adv Mitali devkar for defendant Nos. 1,5 and 6 present
Adv for plff tendered registered NM 3319/22
Adv for defendant No.2 tendered reply to NM 3319/22 t.o.r copy served upon adv for plff.
Adv for defendant No.1 seeks time to file reply to NM 519/2020. Short time granted.
Matter is adjd on 17.11.2022 for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: Matter called out at 4.22 p.m.
Adv Shekhar Jagtap a/w Adv Sairuchita R. Chowdhary for plff present.
Adv Mitali Devkar for defendant No.1.5 & 6 present
Adv Hemant Naik I/b Sunil Kadam for defendant No.2 present.
Adv for defendant No. 1 tendered reply to NM 519/2020 t.o.r. copy served upon Adv for plff.
Matter is adjd on 28/11/2022 for NM argument
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: PO is on leave. Hence, Board is discharged.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 22-12-2022
Date: 22-12-2022
Business: Adv Dimple Ashar for plff present
Adv Mitali Devkar for defendant Nos. 1,5 and 6 present
Adv Hemant Naik for defendant No.2 present
Adv for plff tendered Vakalatnama t.o.r marked as Exh 8
Matter is adjd on 08.02.2023 for NM Argument
Next Purpose: NM ARGUMENTS
Next Hearing Date: 08-02-2023
Date: 22-12-2022
Business: Adv Dimple Ashar for plff present
Adv Mitali Devkar for defendant Nos. 1,5 and 6 present
Adv Hemant Naik for defendant No.2 present
Adv for plff tendered Vakalatnama t.o.r marked as Exh 8
Matter is adjd on 08.02.2023 for NM Argument
Next Purpose: NM ARGUMENTS
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: Adv. for defendant no. 2 present and he submits that today\''s date is the regular date in this matter. He submits that he was not informed about the change in dates and he wants to argue in the matter. The record shows that main matter is listed on 14-02-2023.
Both the notice of motion be listed on 14-02-2023 with the main matter.
Matter is adjd on 14-02-2023 for Nm order.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: Adv. Harsh Sheth for defendant no. 1,3,4,5 present.
Matter is adjd on 03-03-2023 for
Reason For Adjournment: court time is over
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-03-2023
Date: 03-03-2023
Business: wrongly on board.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 04-03-2023
Date: 04-03-2023
Business: Adv.Vrinda Sharma for plaintiff present.
Adv. Chande for respondent no. 1 and 2 in Nm present.
Adv. Hemant for defendant no. 2 present.
Court busy in recording evidence in sessions matter SC 1665/19, SC 2119/19.
Matter is adjd on 09-03-2023 for Nm order.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: Adv. Vrinda for plaintiff present.
Adv. Heman Naik for defendant no. 2 present.
KB for order.
LO at 4.17 pm
F.R.S.R. following order is passed on Notice of Motion 519 of 2020
Order
1. Notice of Motion 519 of 2020 is partly allowed.
2. Defendant no. 1, 3 to 5 are restrained from taking any precipitative action in furtherance of declaration of account of plaintiff\''s company as fraud till further order.
3. Prayer against defendant no. 2 is refused.
4. It is made clear that defendants are at liberty to proceed with recovery proceedings as per rules and this order shall not be construed as any restraint on recovery proceedings.
5. Notice of Motion 519 of 2020 is disposed of accordingly.
Matter is adjd on 20-04-2023 for Nm.
Nature Of Disposal: ALLOWED
Disposal Date: 09-03-2023
