B.D. Industries (Pune) Pvt. Ltd.VsMr. Mugundhan Iyengar

Date: 09-04-2019
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 16-04-2019

Date: 16-04-2019
Business: Mentioned by pracipe.  NOB. TOB.
Adv. Nabela Gomes I/b Iyers Chambers for plaintiff tendered draft NM with affidavit seeking temporary injunction the defendant from divulging sensitive company information to any competitors and further for a direction to the defendant to hand over assets owned by the company including software, data carriers, work assignments etc.  Leave to register is granted.  According to her the defendant has refused the notice sent through register post.  The plaintiff is directed to file affidavit of service.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
O- Issue writ of summons for settlement of issues.
  Considering the urgency the date is preponed to 07.06.2019.
Adjd for NM reply and report of summons to 07.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-06-2019

Date: 07-06-2019
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: Adv. Tambe for plaintiff present.
None for defendant present.
Service affidavit of NM filed by the plaintiff. O-Seen and filed.
Adjourned for compliance to 19.8.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: Adv. Tambe for plaintiff present.
Plaintiff filed the affidavit of service.
The plaintiff made attempt to serve the defendant by RPAD. The postal envelopes discloses that the defendant refused to accept the same.  Even the copy of acknowledgment is filed whereby the plaintiff has served the Notice of Motion to the advocate for the defendant.  Despite the service to the defendant, the defendant failed to appears in the matter.  Hence the suit is proceeded exparte against the defendant.
Plaintiff to tender registered NM.
Adjourned for NM hearing to 17.10.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: None present for plaintiff.
Adv. Patel for defendant present.
Vakalatnama filed on behalf of defendant.
Draft NM along with supporting affidavit of NM and written statement tendered by the defendant.   Leave is granted to register.
Adjourned for reply to NM 13.12.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: Adv. Sandip Pawar for plaintiff present.
Adv. Adjit Ghodge for deft. present.
Vakalatnama filed on behalf of plaintiff.  T.O.R.
O. - Seen and filed.
Adv. for plaintiff tendered registered N/M no.1724/19. T.O.R.
Inadvertently on last date, N/M of deft. is mentioned as draft N/M although he has tendered registered N/M no.3597/19.
ORDER ON N/M NO.3597/19
This N/M is tendered by deft. for setting aside order dated 19.08.2019 and to allow him to file W/S.  Heard.  Ld. Counsel for the deft. submitted that writ of summons was not served upon to the deft.  The plaintiff made attempt to serve deft. despite having knowledge and information that the deft. is staying at Pune.  Plaintiff served copy of plaint to Adv. Vikram Suryavanshi of Pune through whom the deft. had given reply to the notice.  He would submit that there is no service to the defendant.
Plaintiff has not tendered writ of summons and there is nothing on the record from the side of the plaintiff to suggest that the deft. was duly served.  The matter is at initial stage.  Substantial rights of the parties are involved.  No prejudice would be caused to the plaintiff, if W/S of deft. is taken on record.  Deft. has made out sufficient cause for delay.  Hence, it is expedient to pass following order.
ORDER
1.  N/M No.3597/2019 is made absolute in terms of prayer clause (A).
2.  W/S filed by the defendant is taken on record.
3.  N/M  No.3597/2019 is disposed off accordingly.
Written statement.
O. - Read and recorded.
Copy of N/M is supplied by plaintiff to deft.
The matter is adjd for reply to N/M no.1724/19 to 20.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Adv. Rohit Bhise for plaintiff present.
Adv. Sagar N. for deft. present.
Deft. tendered reply to N/M no.1724/19.  T.O.R.
The matter is adjd for N/M hearing to 13.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Business: As per Office order Nos.74/2020 and 77/2020, due to Lock-down, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to  15.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: None present.
The matter is adjd for N/M hearing to 17.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: None present.
Adjourned as a last chance for hearing on N/M No.1724/19.
The matter is adjd for hearing on N/M to 11.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Adv. Mishra h/f. Adv. Santosh Yadav for plaintiff present.
None for deft.
Adv. for plaintiff submitted that Adv. Santosh Yadav is detected Covid positive and his office is sealed by BMC hence, in view of the same, matter is adjourned.
The matter is adjd for N/M hearing to 04.05.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Business: Due to Covid-19, matter is adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: Adv. Mishra for plaintiff is present.
Adv. Patel for defendant is present.
Adv.for the plaintiff has submitted that he wants to file rejoinder to NM.
Defendant to serve the copy of WS upon the plaintiff.
Matter adjd for filing rejoinder to NM on 14.10.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: None present.
Matter adjd for rejoinder on 04.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: Adv. Rohit Bhise for pltff present.
As per Office Order No. \''07 of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 21/04/2022 for NM Replyrejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: Adv. Mr. Ganesh Vaidhya for plaintiff present.
None present for defendant.
Defendant is directed to serve the copy of written statement.
Matter is adjd for NM reply on 29-07-2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: Adv. Rohit Bhise for plaintiff is present.
Adv.for defendant is present.
Defendant supplied copy of WS to the plaintiff.
On oral request of Adv.for plaintiff matter adjd for NM rejonder.
Matter adjd to 27.09.2022 for NM rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: Adv. Rohit Bhise for plaintiff is present.
None present for defendant.
On oral request of Adv.for plaintiff last chance granted for filing of rejoinder.
Matter adjd to 12.12.2022 for rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. Rohit Bhise for plaintiff is present.
Adv. Ajit Hodage for defendant is present.
Both the Ld.Adv. submitted that there is chances of settlement and considering this aspects the matter is adjourned for settlement.
Matter adjd to 30.01.2023 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Adv. Rohit Bhise for plaintiff is present.
None present for defendant.
Matter adjd to 14.03.2023 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: P.O.is on leave. Matter adjd to
Next Purpose: SETTLEMENT
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Adv. Bhise for plaintiff is present.
None present for defendant.
LO at 3.15 p.m.
Same appearance for plaintiff.
Adv. Ajit Hodage for defendant is present.
On oral request of Ld.Adv.for defendant matter adjourned for filing consent terms.
Matter adjd to 20.04.2023 for filing consent terms.
Next Purpose: CONSENT TERM
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Matter pertained to CR No. 1
Adv. Rohit Bhise for plaintiff present.
Adv. Ajit Hodage i/b Akshay M. Gosavi for defendant present.
Authorized representative Mr. Sanjay Devidas Patil, Sr. Vice president of the company is present.
Defendant present.
Parties are identified by respective advocates before the Court.  Terms of settlement are filed on behalf of the parties. Both the parties have admitted the contents of consent terms when read over to them, hence accepted and recorded.  The consent terms are taken on record and marked as Exh 10.
Suit is decreed in terms of consent terms Exh 10.
Decree be drawn up accordingly. Court fees be return as per rules.
Notice of Motion No. 1724 of 2019 stands disposed off in terms of Exh 10 with no order as to costs.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 20-04-2023

NOTICE OF MOTION/103597/2019
NOTICE OF MOTION/101724/2019

Filing Number: 101996/2019
Filing Date: 16-02-2019
First Hearing Date: 09th April 2019
Decision Date: 20th April 2023
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE