Deutsche BankVsDream Works and Ors. +1 more

Date: 04-01-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.18 p.m.
None present.
KB
LO at 3.34 p.m.
Plaint
Vakalatnama
Memorandum of registered address
List of documents.
                                    Order below Exh.1
                         Issue suit summons to the defendants.
Matter adjd to 31.01.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-01-2022

Date: 31-01-2022
Business: Adv. Arati Dharamsay present for plaintiff.
Adv. J. R. Mishra   present for both  defendants. He undertakes to file VP for both defendants on next date. Undertaking is accepted.
Matter adjd to 28.02.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Adv. Abhishek Bhaduri present for plaintiff.
Adv. Mr. J. R. Mishra present for defendants and filed Vakalatnama. t.o.r. and marked as Exh.5.
Matter adjd to 25.03.2022 for filing written statement and service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Court  on Leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Adv.Aarti  Dharamsey i/b.Goenka Law Associates for plaintiff present.
None present for defendant.
The plaintiff filed service affidavit a/w. writ of summons, tracking reports, acknowledgement cards t.o.r. and marked as Exh.6 (colly.)
KB
LO at 12.00 noon,
Adv.Aarti  Dharamsey i/b.Goenka Law Associates for plaintiff present.
KB for order
LO at 03.55 pm,
ORDER BELOW EXH.1
Read the service affidavit Exh.6. The defendants have received suit summons on 25.01.2022. They have filed vakalatnama on 28.02.2022 at Exh.5. They have not filed written statement, hence, suit to proceed without written statement of the defendants.
Considering the nature of dispute, suit is referred to lok-adalat. Issue notice to both parties accordingly.
Matter adjd to 07.05.2022 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 07-05-2022

Date: 07-05-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd. to 12.07.2022
Next Purpose: FOR APPERANCE
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: Abhishek Bahaduri for plaintiff present.
Adv. J. R. Mishra for defendants present.
Learned counsel for both the parties requested to keep the Case for Lok Adalat.
Case adjourned to 13.08.2022 for Lok Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: Matter pertaining to C.R. No. 32
Adv. Shri Abhishek Bhaduri present for Deutsche Bank.
He submitted that the matter is not settled.
Defendant side called, but absent.
Matter adjourned to 10.10.2022 before Regular Court.
Next Purpose: FOR___________________
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Adv. Pranil Pawar Present for Plff.
Adv. K. S. Tripathi Present for Deft.
Adv of plff seeks time for adducing evidence. Granted.
Adj. For Evidence without WS on 14/11/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: Adv. Pranil Pawar I/b Goenka Law Associates Present for Plff.
None Present for Deft.
Adv of plff has filed draft CS along with affidavit for replace the name of plff Kotak Mahindra Bank Limited instead of Deutsche Bank A. G. Leave granted to register CS. Copy be served upon otherside.
Adj. For CS Returnable on 07/12/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: court is on Leave.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Adv. Madhura Mulay I/b Goenka Law associates Present for Plff.
None Present for Deft.
Adv of plff has tendered registered CS 1880/22 along with affidavit.
Exh.07-  Adv of plff has filed service affidavit in respect of CS 1880/22. It shows that CS served to adv of defendant on 15/11/2022.  However deft has not filed reply to CS. Hence CS be proceeded without reply.
Adj. For Hearing on CS 1880/22 on 18/01/2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: Court is on leave. Hence adj.to
Next Purpose: C/S  HEARING
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: Adv. Madhura Mulay i/b Goenka Law Associates for plaintiff present.
Adv. Bandana Chourasiya for defendant present.
Heard, Adv of plaintiff on chamber summons 1880/22.
Case adjourned for order on order on ch/s  1880/22 to 24.02.2023.
Judge
LO at 4.15 p.m.
Exh.8 pursis filed by advocate of plaintiff with schedule of amendment to be annexed with Ch/s. No.1880-2022.
Copy be served to other side.
Case already adjourned for hearing/order on Ch/s. to 24/02/2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: Adv. Abhishek Bhaduri I/b Goneka Law Associates Present for Plff.
None Present for Deft.
Today case is for hearing on CS 1880/22. Inspite of service of CS to deft, they failed to file reply. Hence CS proceeded without reply, as per order dt.19/12/2023.
KB. LO 12.30 pm.
Adv of deft R. S. Dubey h/f Adv. Jaykar R. Mishra appeared and seeks adjournment for hearing on CS. Adjournment granted subject to costs of Rs.500/- to be paid to plff.
Adj. For Hearing on CS 1880/22 and Costs Rs.500/- to be paid to plff on 27/03/2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: Adv. Abhishek Bhaduri I/b Goenka Law Associates Present for Plff.
Adv. R. S. Dubey h/f Adv. Jaykar Mishra Present for Deft.
Adv of plff contended that he has received costs of Rs.500/- from adv of deft.
Adv of deft contended that compromise talk going on between the parties. Adv of plff contended that plff has not intimated him about the same.
Adv of plff is ask to keep present the Officer of the Plff before this court to verify whether compromise talk is going on between the parties.
Adj. For Hearing on CS 1880/21 on 12/04/2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Adv. Abhishek Bhaduri i/b Goenka Law Associates Present for Plff.
Mr. Ajay Nirmal Authority Representative present.
Adv. Bandana Chourasiya h/f Adv. Jaykar Mishra Present for Deft.
Heard argument of adv of plff on CS 1880/22.
adv of deft seeks adjournment on the ground that daughter of  advocate on record is not felling well. Adj. Granted.
Adj. For Hearing on CS 1880/22 by deft on 06/06/2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: 06.06.2023
36
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C.R.NO. 32)
Comm Suit 1312/2021 @ Ch/s. 1880/2022
Adv. R. S. Dube I/b Adv. Jaykar R Mishra  for Defendant present .
None present for plaintiff.
Ld. Adv for Deft. prayed for time for filing Consent terms.
Order- Time Granted as prayed for.
Adjd to 01/07/2023 for consent terms.
L.O. at 1.40pm
Adv. Madhura Muloy I/b Goenka Law associates for plaintiff present.
								Judge
Next Purpose: CONSENT TERM
Next Hearing Date: 01-07-2023

Date: 01-07-2023
Business: 01.07.2023
7
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 1312/2021 Ch/s. 1880/2022
None present for plaintiff.
Adv.  R.S. Dubey i/b Adv. J. R. Mishra for defendant present.
Ld. Adv. for defendant orally prayed for last chance for filing consent terms.
Order- Time Granted as prayed for as last chance.
Adjd. to 25/07/2023 for consent terms.
L.O.at 12.10pm
None present for defendant.
Adv. Abhishek Bhaduri for plaintiff present.
Ld. Adv. for plaintiff submitted that, no information has been received from the plaintiff regarding any settlement talks between the parties. The plaintiff has moved ch/s. for substituting name of plaintiff. The defendant did not file reply to the ch/s. nor any submissions were made on his behalf. Therefore Court may kindly post the matter for re- hearing the plaintiff on ch/s.
Adjd. to 25/07/2023 for hearing on Ch/s. 1880/2022.
										Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 25-07-2023

Date: 25-07-2023
Business: Adv. Abhishek Bhaduri along with Madhura Mulaye for plaintiff is present.
Adv. K.S.Dubey for defendant is present.
As court is busy in passing order in other matters hence for want of time matter is adjourned.
Matter is adj for Hearing on Ch/s to 11.08.2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-08-2023

Date: 11-08-2023
Business: None present for plaintiff.
Adv. R.S.Dubey for def. is present.
Heard ld. adv for defendant on Ch/S No. 1880/2022. He opposed the Ch/S and prayed for its rejection.
KB for hearing of plaintiff.
L.O at 01.20 p.m.
Adv. Abhishek Bhaduri for plaintiff is present.
Heard Ld. adv. of plaintiff on Ch/S No. 1880/2022.
Matter is adj for order on Ch/S No. 1880/2022 to 22/08/2023
Next Purpose: CH/S ORDERS
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Business: Adv. Devangi Mehta i/b Goenka Law Associates for plaintiff is present.
None present for defendant.
F.R.S.R. Following order is passed.
ORDER
1.Chamber Summons No.1880 of 2022 is hereby allowed.
2.Applicant Bank i.e. Kotak Mahindra Bank Ltd. transpose/appear on record in the place of original plaintiff Deutsche Bank A.G. and continue with the litigation.
3.The Applicant Bank is also permitted to carry out the necessary consequential amendments in the body and the title cause of the plaint, particularly stated in Schedule ‘A’ annexed to the present Chamber Summons.
4.No order as to costs.
5.Chamber Summons No.1880 of 2022 is disposed off accordingly.
Matter is adj for compliance to 26/09/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: COMPLIANCE
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: Adv. Kaushal Ameta i/b Goenka Law Associates for plaintiff is present.
Adv. R. S. Dubey for def. is present.
Matter is adj for steps to 09-11-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-11-2023

Date: 09-11-2023
Business: Adv. Abhishek Bhaduri for plaintiff is present and submitted that, on the next date plaintiff shall take steps for extension of time to carry out amendment in the plaint.
None present for def.
Matter is adj. for steps to 10/01/2024.
Later on at 01.45 p.m.
Adv. R.S. Dubey h/f Adv. Jaikar Mishra for def. is present.
None present for plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
None present.
Matter is adj. for taking steps to 23/02/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
None Present.
Order – Matter is pending for steps and none appears for plaintiff since last date hence put up the matter for dismissal order.
Matter is adj. for dismissal order to 22-03-2024.
L.O.  at 1.30 pm.
Adv. Vinit Pathak h/f Jaikar Mishra for deft. present.
L.O. At 2:45pm. Adv. Shri. Abhisek Bhaduri for plaintiff present and filed draft N/M alongwith affidavit in support. O-Leave to register is granted. Copy be served to other side.
Matter is adjd. for NM returnable to 22-03-2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-03-2024

Date: 22-03-2024
Business: Court is on half day leave in first session.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Business: Adv. Madhura Mulay i/b Goenka Law Associates for plaintiff is present and tendered registered NM No.1144/2024 along with affidavit in support.
Exh.-9 Colly. - Pursis alongwith copy of letter issued by advocate of plaintiff to the advocate of defendant on 19.03.2024.
Adv. Sushila Gupta i/b Adv. Jaykar Mishra for def. is present and orally requested time for filing NM reply. O-Oral request for time for filing reply to NM No. 1144/2024 is hereby rejected and the NM will be heard today without the reply.
Heard ld. Adv of plaintiff on NM No. 1144/2024.
Ld. adv of defendant submitted that she has no copy of Notice of Motion therefore, not able to make her submissions on the said NM.
ORDER : The ld. Adv of plaintiff has filed pursis Exh.9 alongwith letter dt. 19.03.2024 which shows that the ld. Adv of other side had received copy of NM No. 1144/2024 on 21.03.2024. Despite of that submission is made today on behalf of defendant that they have not received copy of said NM. Hence, as the ld. Adv. of plaintiff has made her submissions today on the said NM therefore, put up the matter for order on NM.
Matter is adj. for order on NM No. 1144/2024 to 30/04/2024.
Next Purpose: NM  ORDERS
Next Hearing Date: 30-04-2024

Date: 30-04-2024
Business: Adv. Madhura More for plaintiff is present.
Adv. Avnendra Kumar h/f Rajivkumar Shukla for def. is present.
Following order is passed in NM No. 1144/2024.
For the reason separately recorded.
Operative part of order.
1.	Notice of Motion No.1144 of 2024 is hereby allowed.
2.	The delay occurred in carrying out amendment as per Order dated 22.08.2023 passed in Chamber Summons No.1880 of 2023 is hereby condoned.
3.	Plaintiff is hereby granted a further period of 30 days to carry out the permitted amendments in the plaint.
4.	The presence of authorised officer of the plaintiff bank at the time of amendments and the fresh verification of amended plaint is hereby dispensed with.
5.	The Notice of Motion is disposed off accordingly.
Matter is adj. for compliance to 10/07/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-07-2024

Date: 10-07-2024
Business: Adv. Abhayjeet Khairwar for plaintiff is present.
Adv. Ajay Dubey h/f Adv. Jaykar Mishra for def. is present.
The ld. Advocates of both the sides submitted that, the matter is settled between the parties.
ORDER : Keep the matter in Lok-Adalat.
A.R. of plaintiff’s Bank is present.
Matter is adj. for Lok-Adalat to 27/07/2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 27-07-2024

Date: 27-07-2024
Business: Mr. Yogesh Palkar, authorized representative of plaintiff Bank present.
Adv Abhayjeet Khairwar for plaintiff present.
He filed withdrwal application. t.o.r. marked as Exh. 10.
O- Seen.
Award form marked as Exh. 11.
The plaintiff through authorized representative appeared and filed application for withdrawing the suit.  In view application and contention of the authorized agent, the following order is passed -
The Suit stands withdrawn.
Court fees be refunded as per rules.
No order to costs.
Case paper be sent to record room.
Nature Of Disposal: LOKADALAT
Disposal Date: 27-07-2024

CHAMBER SUMMONS/101880/2022
NOTICE OF MOTION/101144/2024

Filing Number: 101995/2020
Filing Date: 12-02-2020
First Hearing Date: 04th January 2022
Decision Date: 27th July 2024
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE