M/s. NDT Systems Pvt LtdVsM/s. ESSAR Projects (I) Ltd

Date: 28-02-2019
Business: Shri. Virendra Tripathi, advocate for plaintiff present. As today is the first date in the matter, on request of Shri. Tripathi, for taking further steps, adjourned to 07/03/2019.
Next Purpose: FOR___________________
Next Hearing Date: 07-03-2019

Date: 07-03-2019
Business: Shri. Virendra Tripathi, advocate for plaintiff present. Shri. Tripathi, prays for issue of warrant of attachment u/o. XXI Rule 54 of CPC, without issue of notice stating that the exe.application has been filed within two years of passing decree. He further states that the properties sought to be attached belongs to the defendant and free from all the encumbrances. Hence, issue warrant as prayed for returnable on 13/06/2019.
Next Purpose: FOR___________________
Next Hearing Date: 13-06-2019

Date: 13-06-2019
Business: Parties and Advocate absent, adjd to  15/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: Shri. Virendra Tripathi, advocate for the Plaintiff present. On request of Shri. Tripathi, awaiting inventory, adjd to 31/07/2019.
Next Purpose: FOR___________________
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: Mr. Tripathi, Advocate for Plaintiff, present.  Mr. Rugved More I/b L and L Partners, Advocate for Defendant, present.  Execution Application marked as Exh.A colly.  Sheriff\''s reports bearing No.VNT/A-66490/1074/2019 AND No.VNT/A-66490/1075/2019, dated 18/07/2019, under this office Inward No.7929 and 7928, dated 23/07/2019, t.o.r. and marked as Exh.B and C respectively.  Shri More states that in view of order dated 20/04/2018 passed in Company Petition No.1832 of 2017, this Execution Application has become infructuous and undertakes to file Vakalatnama and reply in the matter on next date.  Hence, by consent, adjd to 13/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 13-08-2019

Date: 13-08-2019
Business: Shri Rugved More, Advocate for Defendant present.  None for Plaintiff.  Shri More has tendered Vakalatnama for Defendan, taken on record, marked as Exh-D.  Shri More has also tendered Affidavit in Reply of Defendant, taken on record, marked as Exh-E.  As the matter has become contested, upon filing of reply by defendant, on request of Shri More, matter is hereby submitted to Honourable Court as per assignment, on 16/09/2019.  Office to take steps to assign this matter to Honourable Court.  Parties and Advocates to appear before the Court, as may be assigned on 16/09/2019.
Next Purpose: FOR___________________
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Fresh matter assigned to this Court.
Adv. Tripathi for DH present.
Adv. Mode for JD present.
Exh.2 Rejoinder affidavit filed by DH. TOR.
Matter adjd for argument on 21/10/2019 at 02.45 p.m.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-10-2019

Date: 21-10-2019
Business: NOB TOB
On 21/10/2019 declared holiday on account of State election.
Matter adjd for argument on 18/12/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Adv. Tripathi for plaintiff present.
Adv. Akhil Mayesh for defendant present.
By consent matter adjourned to 06/02/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: H.H.J. is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: Due to Covid-19 matter is adjd time to time on 02-04-2020,    24-04-2020, 04-06-2020, 22-06-2020, 31-08-2020 and today this matter is posted for argument.
None present.
Matter adjd for argument on 11-01-2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: At 11. am
Adv. Akhil Mahesh I/b L and L Partners filed vakalatnama on behalf of JD. t.o.r. O- Read and recorded.
K.B. L.O. at 11.15 am
Adv. Virendra Tripathi for Decree holder present.
Adv. for DH stated that JD have filed reply to execution application.
Adjd for hearing to 05//04/2021
Next Purpose: HEARING
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: court is vacant
Next Purpose: HEARING
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Business: None present.
Next Purpose: HEARING
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: Due to COVID-19 matter adj. to
Next Purpose: HEARING
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Board is discharged.  Matter adj. to
Next Purpose: HEARING
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: Court is vacant
Next Purpose: HEARING
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Court is Vacant.
Next Purpose: HEARING
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: Court is Vacant.
Next Purpose: HEARING
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: As court is Vacant Board discharged Adj. to
Next Purpose: HEARING
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
Next Purpose: HEARING
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv  Mukesh Tiwari I/b L.K.Tripathi for plff DH present
None for Defendant
Adv for DH submits that resolution professionals under IBC is appointed for Judgment Debtor and therefore appropriate order may be passed in the decree and it may be disposed of.  Put up for order on next date.
Matter is adjd on 06.08.2022 for Order
Later on at 3.52 pm
Adv Shriraj Khambete I/b Saraf and Partners for JD present.
He submits that now liquidator has been appointed for Judgment Debtor and the DH can continue its claim before liquidator.
Already adjd to 06.08.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: Matter called out at 11.17 am
Adv Virendra Tripathi for plff DH present
Adv Shriraj Khambete I/b Saraf and Partner for Defendant JD present
Adv for Judgment Debtor tendered copy of order dated 07.05.2021 passed by NCLT, Mumbai Bench.
It is submitted on last date that liquidator has been appointed for Judgment debtor.  The order tendered today supports the said submission.  On the last date adv for Decree Holder also submitted that appropriate order may  be passed and the execution application may be disposed off. Accordingly Execution Application No. 37 of 2019 stands disposed off with liberty to Decree Holder to file application for executing of decree subject to limitation.
Nature Of Disposal: OTHERWISE
Disposal Date: 06-08-2022

Main Case No: SUIT/0101666/2017
Main Cnr: MHCC010055292017
Main Filing No: 111447

Registration Number: 100037/2019
Transfer Date: 19-08-2019
From Court: 966 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 20 - COURT 20 ADDL SESSIONS JUDGE

Registration Number: 100037/2019
Transfer Date: 11-06-2021
From Court: 20 - Court 59 ADDL SESSIONS JUDGE
To Court: 59 - Court 59 ADDL SESSIONS JUDGE

Filing Number: 101234/2019
Filing Date: 05-02-2019
First Hearing Date: 28th February 2019
Decision Date: 06th August 2022
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE