M/s. Balasinor Trading CorporationVsRoha Carbonates Private Limited +2 more

Date: 12-06-2019
Business: Adv. for Plaintiff present.
Adv. for Plaintiff filed reply of NM. t.o. r.
K.B.
Plaintiff in person present.
He argued that decree is passed. The decree is not satisfied the defendant is objecting the execution of decree.
Adv. Mr. Guru Shamujam stated that he is intervener in the execution petition. The execution petition is not pending before me. Therefore the argument in this motion of intervener can not be considered.
The Ch/sum. is filed by the defendant to set aside the ex-party decree. The Defendant The NM is filed by Adv. Bhaibhav Pathankar on 02/02/19 but it is not file today as per the noting on 02/02/19 in the roznama.
The defendant if he is so desire to proceed with Chs/sum to remain present personally or through advocate to argue ch/sum failing which the ch/sum will be dismissed. Adjd for hearing ch/sum to 28/06/19.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-06-2019

Date: 28-06-2019
Business: DH present
Adv. Rohan Sathaye along with Adv. Guru  Shanmugam and Adv. Aniket Katre for applicant present.
Adv. for plaintiff present.
Adv. for defendant No. 1 filed registered Notice of Motion No. 618/19. t.or.
Adv. Mahesh Chitnis for defendant present.
JD to remain present on next date in the court.
Adjd for CS hearing to 07/08/2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Business: P.O is on training programme hence board is adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: JD is present.
Adv. Mitesh Jain for DH present.
Adv. Mahesh Chitnis for JD present.
Adv. for applicant/intervener present.
Representative of Saraswat bank present.
Exh- M Pursis filed by Adv. for intervener/applicant for withdraw of application regarding flat No. B/23, second floor, Yuwan Apartment, Bandra (West). O- Heard Adv. for intervener. The intervener desires to withdraw the application with liberty to file fresh application. Chamber summons to seek appropriate relief. The pursis  at Exh- M is filed to that effect. Hence allowed to withdraw the application is to be granted Hence pass following order.
ORDER
1. Allowed to withdraw the application with liberty to file chamber summons.
2. Accordingly, application is disposed of.
Adv. for applicant filed draft Chamber summons along with affidavit in support. O- Leave granted to register Chamber summons.
Adjd for hearing to 09/01/2020
Next Purpose: C/S  HEARING
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Adv. Jalaluddin Shaikh I/b Adv. Chetan Pawar for plaintiff present.
Mr. Milind C. Hawarde intervenor Saraswat Bank is present.
Adv.  Aniket Katre for intervenor in execution application present.
Adjd for CS hearing to 11/03/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Adv. Guru Shanmugam for applicant in chamber summons present.
Adjd for CS hearing to 07/04/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Next Purpose: C/S  HEARING
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Business: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S  HEARING
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: Holiday declared on account of heavy rains. Hence matter is adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: Nobody present.
Adjd for Ch/s hearing to 30/03/2021
Next Purpose: C/S  HEARING
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: P.O. is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: P.O. is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: Adv. Guru Shanmugam for intervenor applicant present.
Adv. Ganesh Kale for intervenor for Saraswat Bank present.
Adv for applicant sought time for filing registered CS. Time granted.
Matter adjd for tendering original registered CS along with affidavit to 20-10-2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Adv. Vaibhav Patankar for JD/applicant present.
Adv. Gurushanmugam for intervenor is present.
Adv. for intervenor tendered original CS No.1059/21.
Matter adjd for service affidavit of CS to 08/12/2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Adv. Guru for Applicant  in CS No.1059/21 present.
Representative of Decree Holder/plaintiff is present
Copy of CS NO.1059/21 served to Plaintiff/DH today in court.
Matter Adjd for service affidavit to other parties and for CS Reply on 22/02/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: None present for plaintiff /DH.
None present for defendant/JD.
Adv. Guru for applicant in CS No.1059/21 present.
Matter Adjd for service affidavit to other party and for CS reply on 05/04/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 05-04-2022

Date: 22-02-2022
Business: None present for plaintiff /DH.
None present for defendant/JD.
Adv. Guru for applicant in CS No.1059/21 present.
Matter Adjd for service affidavit to other party and for CS reply on 05/04/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Business: Adv. Rajesh Patil for plaintiff/DH present.
None present for defendant/JD.
Harshad Virkar for applicant/Intervener present.
Exh. 02 - Vakalatnama on behalf of plaintiff/DH with no objection.
Time sought by ld. Adv. for plaintiff/DH for filing reply to CS.
Matter Adjd for CS reply on 23/06/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: Adv. Rajesh Patil for plaintiff present.
Adv. Atul for defendant present.
Adv. Guru for applicant in CS 1059/21 present.
Ld. Adv. for defendant sought time to argue.
Matter Adjd for NM Hearing as a last chance on 05/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Adv. Rajesh Patil  for plaintiff/DH present.
None present for defendant/JD.
Defendant failed to argue on motion. Hence put up for dismissal of NM.
Matter Adjd for dismissal of NM on 17/09/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2022

Date: 05-08-2022
Business: Adv. Rajesh Patil  for plaintiff/DH present.
None present for defendant/JD.
Defendant failed to argue on motion. Hence put up for dismissal of NM.
Matter Adjd for dismissal of NM on 17/09/2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-09-2022

Date: 05-08-2022
Business: Adv. Rajesh Patil  for plaintiff/DH present.
None present for defendant/JD.
Defendant failed to argue on motion. Hence put up for dismissal of NM.
Matter Adjd for dismissal of NM on 17/09/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Adv. Rajesh Patil for plaintiff/DH present.
Adv. Sarvesh Deshpande for defendant/JD present.
Ld. Adv. for defendant sought time as the advocate on record is busy in another court. It seems that, adjournment cannot be granted on this ground. Already several chances were given for NM/CS Hearing but defendant failed to argue on motion and therefore it is fixed for dismissal of NM and hence further time cannot be granted.
The Ld. Adv. for defendant is not ready to argue on motion and chamber summons. Hence the CS No.650 of 2017 and NM No.618 of 2019 is dismissed. No order as to costs.
Matter Adjd for reply to CS No.1059/21 on 16/11/2022.
Nature Of Disposal: DISMISSED
Disposal Date: 17-09-2022

Main Case No: SUMMARY CIVIL SUIT/0100288/2016
Main Cnr: MHCC010011622016
Main Filing No: 113080

Filing Number: 101732/2019
Filing Date: 11-02-2019
First Hearing Date: 12th June 2019
Decision Date: 17th September 2022
Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE