Date: 30-03-2021
Business: Adv. Mr. Jay Chhabria a/w adv. Mr. Pratik Pai for plaintiff present.
Adv. Ms. Jaisha Sabhvala for deft no.1 present.
Adv. Mr. Pritesh Rajgor for deft no.2 present.
Rejoinder submitted by plff. on NM no. 1037/20, copy served to other side.
Rejoinder submitted by plff. on Ch/s no. 444/20, copy served to other side.
Affidavit in reply submitted by deft no.1 on NM no. 1037/20, Copy served to other side.
Affidavit in reply submitted by deft no.1 on Ch/s no. 444/20, Copy served to other side.
Exh.4- V/P of adv. Mr. Pritesh Rajgor for deft no.2.
Affidavit in reply submitted by deft no.2 on NM no.902/20, copy served to plff.
Exh.5- Service affidavit of plff. for ch/s no. 444/20.
Exh.6- Service affidavit of plff for NM no. 1037/20.
Adv. Mr. Rajgor for deft no.2, prayed for one week time to submit reply on NM no. 1037/20 and Ch/s no. 444/20- Adjournment is granted.
Matter is adjd.to 15.04.2021 for reply on NM no.
1037/20 and Ch/s no. 444/20.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays, matter is adjourned to 10.06.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: None present for Plff.
Adv. Mr. Jonathan Jose I/b Aigus Partners for Deft.No.1.
None for deft.no.2.
Matter is adjd.to 23.08.2021 for reply of deft.no.2 to
N/m No. 1037/2020 and Ch/s No. 444/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv. Jai Chhabria for plaintiff present.
Adv. Anant Mallya for defendant no. 1 present.
None for defendant no. 2.
Deft no. 2 failed to file reply to NM No. 1037/20 and C/S No 444/20. Hence, no reply order is passed against defendant no. 2 in respect of NM No. 1037/20 and C/S No 444/20. Similarly, added respondents as shown in NM NO. No 1037/20 and C/S No. 444/20 have also been served as per affidavit of service Exh. 6 and Exh. 5 respectively, but none appeared on their behalf. Hence, no reply order is also passed against added respondents in NM No. 1037/20 and C/S No 444/20.
Matter is adjd.to 21-09-2021 for N/M and C/S Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: Adv. Jai Chhabria and Adv. Pratik Pai for plaintiff present.
Adv. Pritesh Rajgur for defendant no. 2 present and submitted that defendant no. 2 may be allowed to file reply to NM No. 1037/20 and C/S No. 444/20. He also placed on record replies to said NM and C/S.
Heard both sides. NM and C/S are pending since long and no reply order passed on previous date of hearing i.e. 23/08/2021. Considering on this aspect replies to NM No. 1037/20 and C/S No. 444/20 are taken on record subject to cost of Rs. 2000/- payable to the plaintiff.
Adv. for plaintiff received cost of Rs. 2000/- from Adv. for defendant no. 2.
Adv. for plaintiff filed registered NM No. 902/2020 t.o.r.
Matter is adjd.to 30-09-2021 for NM and C/S Hrg(2.45pm)
LO
Adv. Pritesh Rajgur for defendant no. 2 present and filed
vakalatnama for respondents Ms. Lubaina Sheerazi and Ms.
Nikita Hingorani (proposed defendants no. 7 and 8
respectively as shown in C/S No. 444/20) t.o.r. and marked as
Exh.7.
He filed affidavits in reply of Ms. Lubaina Sheerazi and Ms.
Nikita Hingorani to C/S No. 444/20 and NM No 1037/20.
Considering order of accepting replies of defendant no. 2
passed in the morning session, replies of Ms. Lubaina Sheerazi
and Ms. Nikita Hingorani are accepted subject to payment of
cost of Rs. 4000/- to the plaintiff on the next date of hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv. Alefiyah S. for plaintiff present.
Adv. Pritesh Rajgur along with Ms. Usha Rahi for defendant no. 2 and proposed defendant no. 7 and 8.
kb LO
Adv. Jai Chhabria along with Adv. Prateek Pai for plaintiff present.
Adv. Pritesh Rajgur along with Ms. Usha Rahi for defendant no. 2 and proposed defendant no. 7 and 8.
None for defendant no. 1.
Heard Ld. Adv. Jai Chhabria for plaintiff partly on NM No.
902/20.
Adv. Jai Chhabria also filed two notes of arguments and one
bunch of citations. t.o.r
Matter is adjd.to 05-10-2021 for Argument P.H. on NM No.
902/20. (3.30pm)
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Adv. Jai Chhabria for plaintiff present.
Adv. Pritesh Rajgur alongwith Ms. Usha Rahi for defendant no. 2 and proposed defendants no. 7 and 8 present.
Cost is paid to the plaintiff on 30-09-2021.
Heard Adv. Jai Chhabria for plaintiff.
Matter is adjd.to 12-10-2021 for hearing of Defts. In
NM No. 902/20(3.00pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv. Jai Chhabria along with Adv. Prateek Pai for plaintiff present.
Adv. Pritesh Rajgur alongwith Ms. Usha Rahi for defendant no. 2 and proposed defendants no. 7 and 8 present.
Heard Adv. Usha Rahi and Adv. Jai Chhabria on NM No. 902/20.
Matter is adjd.to 25-10-2021 for Order on NM No. 902/20
(4.00pm)
Next Purpose: NM ORDERS
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv. Alisha Shipchandler for plaintiff present.
Adv. Usha Rahi for defendant no. 2
F.R.S.R. following order is passed in NM No. 902/2020 -
ORDER
1) Notice of Motion No. 902/2020 is partly allowed in terms of prayer clause (e).
2) Proceeding of N/M No. 902/2020 is closed.
Matter is adjd.to 15-11-2021 for NM Hrg and C/S Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Adv. Alefiyah S. for plaintiff present and requested for short adjournment for hearing. - granted.
None for deft. no. 1 & 2.
Matter is adjd.to 02-12-2021 for NM & C/S Hrg.
(2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Adv. Jai Chhabria along with Adv. Pratik Pai for plaintiff present.
Adv. Pritesh Rajgur alongwith Ms. Usha Rahi for defendant no. 2 and proposed defendants no. 7 and 8 present.
None for defendant no. 1.
Matter is adjd.to 22-12-2021 for NM & C/S Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Adv. Jai Chhabria a/w Adv. Pratik Pai for plaintiff present.
Adv. Pritesh Rajgur alongwith Ms. Usha Rahi for defendant no. 2 and proposed defendants no. 7 and 8 present.
None for defendant no. 1.
Heard Ld. Adv. Jai Chhabria for plaintiff on NM No. 1037/20.
Adv. Jai Chhabria file note- II of written notes of argument t.o.r.
Matter is adjd.to 05-01-2022 for NM hrg. (3.00pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Alefiyah S. for plaintiff present and submitted that Adv. Jai Chabria’s wife is Covid positive and he is not in a position to attend the matter. She prayed for adjournment.
Adv. Pritesh Rajgur for defendant no. 2 and proposed defendants no. 7 and 8 present.
None for defendant no. 1.
Matter is adjd.to 01-02-2022 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: Adv. Alefiyah S. for plaintiff present.
Adv. Pritesh Rajgur for defendant no. 2 and proposed defendants no. 7 and 8 present.
None for defendant no. 1.
With consents of both sides, matter is adjourned to 09-03-2022.
Matter is adjd.to 09-03-2022 for C/S Hrg.
Next Purpose: C/S HEARING
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: Adv. Jai Chhabria a/w Adv. Pratik Pai for plaintiff present.
Adv. Pritesh Rajgur alongwith Ms. Usha Rahi for defendant no. 2 and proposed defendants no. 7 and 8 present.
None for defendant no. 1
Heard Ld. Adv. Jai Chhabria for plaintiff and Ms. Usha Rahi for defendant no. 2 and proposed defendants no. 7 and 8 in NM No. 1037/20
Matter is adjd.to 17-03-2022 for NM No. 1037/20 Order.
Next Purpose: NM ORDERS
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv. Pratik Pai for plaintiff present. Adv. Pritesh Rajgur for defendant no. 2 and proposed defendants no. 7 and 8 present.
None for defendant no. 1
Court busy in hearing argument in NM No. 3191/21.
Matter is adjd.to 21-03-2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: None for plaintiffs.
None for defendants.
None for respondents.
F.R.S.R. following order is passed in NM no.1037/20
ORDER
1. Notice of Motion No.1037/2020 is dismissed.
2. The proceeding of N/m. No. 1037/2020 is closed.
Matter is adjd.to 29-04-2022 for CS hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: Adv. Pratik Pai for plaintiff present.
Adv. Pritesh Rajgur for defendant no. 2 and proposed defendants no. 7 and 8 present.
None for defendant no. 1
Matter is adjd.to 01-07-2022 for C/S Hrg. (2.45pm)
Next Purpose: C/S HEARING
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Court is on leave
Next Purpose: C/S HEARING
Next Hearing Date: 19-07-2022
Date: 19-07-2022
Business: Adv. Jai Chhabria and adv. Pratik Pai for plaintiff present.
Adv. Pritesh Rajgor for defendant No. 2 in suit and respondent No. 5 and 6 in chamber summons present.
Plaintiff is directed to Issue writ of summons to defendants.
Adjd for Chamber summons hearing to 05/08/2022
Next Purpose: C/S HEARING
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. Anusha for plaintiff present.
Adv. Pritesh for Defendant present.
Adv. for plaintiff submitted that plaintiff has challenged the order in Honble High Court.
Adjd for C/S hearing to 24/08/2022.
Next Purpose: C/S HEARING
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Jay Chhabria along with Adv. Pratik Pai for plaintiff present.
Adv. Usha Rane along with adv. Pritesh Rajgor for defendant no. 2 present.
Heard arguments of adv. Mr. Chhabria for plaintiff and adv. Usha Rane along with Adv. Rajgor for deft no.2 (proposed respondent No. 7 and 8 ) to chamber summons no. 444/20
Argument of other defendants not heard. Place for orders.
Adjd for Chs orders to 06/09/2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Court is on leave
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Court is on leave
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. Arunima for plaintiff present.
Court is busy in recording evidence and passing order in other suit hence adjourned.
Adjd for Chs orders to 06/10/2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: Adv. Arunima for plaintiff present.
Court is busy in framing issues and passing order in other suit hence adjourned.
Adjd for Chs orders to 13/10/2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: Adv. Pratik Pai for plaintiff present and tendered draft NM along with affidavit in support. O- Leave granted to register NM.
Adjd for Chs orders to 20/10/2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: Adv. Pratik Pai for plaintiff present.
Adv. Rajbhar for defendant present.
Adv. for defendant tendered original registered NM NO.3844/22. TOR.
Matter ajdj for order on CS no.444/20 on 04/11/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: None present when called.
Court is busy in passing order in other suit hence adjourned.
Adjd for Chs orders to 15/11/2022
L. O
Ad. Arunima Athavale for plaintiff present.
Adv. Pritesh Rajgor for deft No. 2 present and tendered draft NM along with affidavit in support. O- Leave granted to register Notice of motion.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-11-2022
Date: 15-11-2022
Business: Adv. Arunima Athavale for plaintiff present and seeks time to file reply to NM No. 4142/22
Adv. Pritesh Rajgor for defendant No. 2 present and tendered registered NM No. 4142/22 along with affidavit in support. T.O.R
Court is busy in passing order in other suit hence adjourned.
Adjd for Chs Orders/NM reply/NM hearing to 19/11/2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Business: Adv. Arunima Athavale for plaintiff present.
Adv. Pritesh Rajbhor for defendant no.2 present.
Court is busy in passing order in other suit hence adjourned.
Adjd to 19.12.2022 for Chs no. 444/20 orders/ reply on NM No.3844/22 and NM 4142/22 by plaintiff.
Next Purpose: CH/S ORDERS
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: Adv. Arunima Athavale for plaintiff present and sought time for filing reply on NM No.4142/22. O- granted.
Adv. Pritesh Rajbhor for defendant no.2 present and filed reply in NM No.3844/22.
copy served to the plaintiff.
Court is busy in passing order in Commercial Suit no.29/19, Commercial Summary Suit 09/19 and Commercial Summary Suit 260/22.
Adjd for reply of plaintiff on NM No.4142/22 and hearing on NM 3844/22 and Order on CHS 444/20 on 16.01.2023
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-01-2023
Date: 16-01-2023
Business: Adv. Pratik for plaintiff is present.
Adv. Pritesh Rajbhor for defendant no.2 is present.
Exh.08 Ld adv for plaintiff filed affidavit of service t.o.r. O- Seen.
As per affidavit of service the writ of summons is not served to the both defendants.
Issue fresh writ of summons.
Plaintiff is directed to file affidavit of service of NM no. 3844 of 22.
Plaintiff filed affidavit in reply to the NM no.4142 of 22 t.o.r. O- R and R.
Copy of reply is served to the defendant.
Court is busy in hearing on Commercial suit no. 274/22, 245/21, 82/22, 1321/21 and NM 2088/22 and dictating order in Ch/s no. 1935/22.
Case is adjourned for Ch/s order, affidavit of service of NM 3844 of 22 and hearing on NM no.4142 to 02-02-2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: Adv. Anusha h/f Adv. Pratik Pal for plaintiff is present and filed affidavit of service of NM no. 3844/22 t.o.r. marked as Exh.08 O-Seen.
As per affidavit of service NM is served to the defendant through email.
Adv. Ritesh Rajgor for defendant no.2 is present and sought time for filing rejoinder to the NM no. 4142/22. granted time.
Defendant no.1 is absent.
Defendant no.2 is directed to serve the copy of rejoinder in advanced to the plaintiff.
Court is buys in final argument in commercial suit Nos.404/2020, 402/22 and dictating order in Notice of Motion Nos. 3761/22, 3909/22, 2789/22.
Case is adjourned for Ch/s order to 04-02-2023 and for NM hearing to 03-03-2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-02-2023
Date: 04-02-2023
Business: Adv. Prateek Pal i/b Keystone partners for plaintiff is present.
None for defendant.
Court is busy in dictating judgment in Commercial Summary suit no. 163/22, dictating order in NM no. 4987/22, 327/23, 2143/22, 3553/22 and order below Exh.20 and 21 in Commercial Suit No.274/21.
Case is adjourned for Ch/S order to 03-03-2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: By precipice.
Adv. Prateek Pai a/w Adv. Shuvam Agarwal i/b Keystone Partners for plaintiff is present.
Exh.09 - Ld adv for plaintiff filed application for matter taken on todays board. O- Allowed to taken on record. Issue writ of summons to defendant no. 1 and 2 through RPAD.
Case is already adjourned for affidavit of service to 03-03-2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-03-2023
Date: 03-03-2023
Business: Adv. Unisha Guthi i/b Keystone partners for plaintiff is present.
Adv Pritesh Rajbhor for defendant no.2 is present and sought time for filing rejoinder to NM no. 4142 of 2022. Granted.
F.R.S.R. following order is passed in Chamber Summons No. 444 of 2020-
ORDER
1. The Chamber Summons No. 444 of 2020 is allowed.
2. The plaintiff is permitted to carry out amendment in the plaint in terms of Schedule ‘I’ annexed with the Chamber Summons.
3. The plaintiff is also permitted to add proposed defendant nos.3 to 8 in the plaint.
4. After carrying out the necessary amendment in the plaint, the summons be issued to the proposed defendant nos.3 to 8.
5. This amendment shall take into effect from the date of filing of this Chamber Summons.
6. The defendant nos. 1 and 2 are permitted to file additional Written Statement on record, if they desires.
7. Order accordingly.
Case is adjourned for compliance and rejoinder to NM no. 4142 of 22 and hearing of NM No. 3844 of 22 to 27-03-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: NOB TOB by precipe
Adv. Anusha Anand for plaintiff present.
None for defendant.
Exh.10 precipe filed by plaintiff
Exh.11 application filed by plaintiff to extend the time carrying out the amendment O- application is granted. Plaintiff is granted time of 10 days for carrying out amendment.
Case is already adjourned to 27.03.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Adv. Prateek Pai a/w Ms. Arunima Athavale i/b Keystone Partners for plaintiff present.
None for defendant.
Exh.12 Ld advocate for plaintiff filed affidavit of service O- seen.
Exh.13 Ld advocate for plaintiff filed affidavit of service O- seen.
LO at 3.30 pm
Adv. Pritesh Rajbhor for defendant no.2 present.
Exh.14 Adv. for defendant no.2 filed rejoinder in NM 4142/22. O- read and recorded.
Copy served to the plaintiff.
Case is adjourned to 27.04.2023 for NM hearing on NM 4142/22 and 3844/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: Adv Arusha Judhi for plaintiff is present.
Adv Usha Rahi for defendant no.2 is present.
Court is busy in passing order.
Case is adjourned for NM hearing to 13-06-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: Spearhead Destinations Pvt. Ltd. Vs UTS Travel
Adv. Jai Chhabriya present for plaintiff.
Adv. Usha Rahi present for defendant No.2 Brandite Marketing.
Rest all defendants are yet to be served.
Exh.15- Notice of Motion No. 3844/2022.
Exh.16- Reply filed by defendant
Exh.17- Defendant No.2 has preferred Notice Motion for dismissal of claim.
Exh.18-Plaintiff has filed reply at Exh.18.
Exh.19- Affidavit in rejoinder by defendant No.2.
As rest all defendants are yet to be served, plaintiff shall takes appropriate steps for effecting service on the remaining defendant. Else, put for order of deletion of name of those defendants.
Matter adjourned to 07.07.2023 for service report.
Next Purpose: REPORT
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: NOB TOB
By praecipe
Adv. Anusha Guthi present for plaintiff.
Exh.20-Application for matter taking on todays board.
Exh.21- pursis filed by plaintiff for seeking the issuance of a fresh writ of summons to the defendants. O- Allowed.
Matter is already adjourned to 07.07.2023.
Next Purpose: REPORT
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: Spearhead Destinations Pvt. Ltd. Vs UTS Travel
Adv. Jai Chabriya present for plaintiff.
Heard Adv. Usha Rahi and Adv. Pritesh Rajgol for defendant. No.2 on Notice of Motion 4142/2022.
None present for defendant No.1.
Report of service is awaited against defendant Nos. 3 to 8.
Matter adj for arguments of plaintiff on NM No. 4142/2022.
Matter adjourned to 09.08.2023 for NM arguments at 13.00 Hrs.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: Adv. Pratik Pai present for plaintiff.
Adv. Pritesh Rajkot present for defendant No. 2, 7 and 8.
Exh. 17 Compilation filed by defendant No. 2.
Paucity of time with the court. Matter adjourned for argument.
Matter adjourned to 06.09.2023 for Arguments at 13.00 hrs.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: Spearhead Destinations Pvt. Ltd. Vs UTS Travel
Adv. Jai Chharbbria present for plaintiff.
Adv. Pritesh Rajgor present for defendant Nos. 2, 7 and 8.
Paucity of time with Court.
Matter adjourned to 03.10.2023 at 13.00 for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: Spearhead Destinations Pvt. Ltd. Vs UTS Travel
Adv. Jai Chabriya present for plaintiff.
Adv. Usha Rani present for defendant No.2.
Matter is not traceable.
Matter be traced out.
Matter adjourned to 18.10.2023 at 13.00 hrs for NM hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: Spearhead Destination V/s UTS Travel.
Adv. Jai Chabriya present for plaintiff.
Adv. Usha Rani present for defendant No.2.
Heard both sides.
Case adjourned to 22.11.2023 for Citation if any.
Next Purpose: CIATATION
Next Hearing Date: 22-11-2023
Date: 22-11-2023
Business: Spear head Destination V/s UTS Travel
Adv. Shubham Agarwal present for plaintiff.
Adv. Pritesh Rajgor present for defendant No.2, 7 and 8.
Parties have argued Notice of Motion No. 4142 / 2022.
The argument of Notice of Motion No. 3844 / 2022 is pending.
Parties to complete arguments in Notice of Motion No. 3844 / 2022.
Case adjourned to 15.12.2023 for arguments on Notice of Motion 3844 / 2022.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-12-2023
Date: 15-12-2023
Business: Spearhead V/s UTS travel
Adv. Pratik Pae present for plaintiff.
Adv. Pritesh Rajbhor present for defendant No.2.
Case adjourned to 18.01.2024 for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 18-01-2024
Date: 18-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Spearhead Destinations V/s UTS Travel
Adv. Pratik Pai present for plaintiff.
Adv. Pritesh Rajgor Present for defendant No.2, 7 and 8.
Rest all absent.
Plaintiff to file amended copy of plaint.
Matter adjourned for filing of amended copy of plaint and hearing Notice of Motion.
Case adjourned to 25.01.2024 at 13.00 hrs Notice of Motion hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-01-2024
Date: 25-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Spearhead Destinations V/s UTS Travel
Adv. Pratik Pai present for plaintiff.
Adv. Pritesh Rajgor present for defendant No.2.
Exh.23 - Amended copy of plaint filed by plaintiff.
Exh.24 - Affidavit of service filed by plaintiff.
FRSR following order is passed in Notice of Motion No.4142/ 2022 -
ORDER
1. Notice of Motion No. 104142 of 2022, is rejected.
2. Parties be informed about their right to challenge this Order and period of limitation for it.
3. Proceeding of Notice of Motion No. 104142 of 2022 is closed.
4. Order dictated and pronounced in Open Court.
5. Record of Notice of Motion shall be part and parcel of the main Commercial Suit No. 100064 / 2021.
Case adjourned to 06.03.2024 at 13.00 hrs for NM Hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 06-03-2024
Date: 06-03-2024
Business: Spreadhead Destination V/s UTS Travels
Adv. Jayanth B.J. present for plaintiff.
Adv. H.M. Singh present for defendant Nos. 2, 7 and 8.
As Court is on leave, Suit adjourned by consent to 12.04.2024.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-04-2024
Date: 12-04-2024
Business: Spearhead destinations V/s UTS Travel
Adv. Shri Pratik Pai present for plaintiff.
Defendant side called, but absent.
Parties to argue on Notice of Motion No. 3844 / 2022 by next date.
Suit adjourned to 15.06.2024 for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-06-2024
Date: 15-06-2024
Business: Spearhead Destinations V/s UTS Travel
Adv. Pratik Pae present for plaintiff.
Defendant side called, but absent.
Account section to file report regarding compliance of the Order dt. 25.10.2021 from Notice of Motion No. 902 / 2020.
Authenticated copy be provided to the parties.
Suit adjourned to 29.07.2024 for steps.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: Spearhead Destinations Pvt. Ltd. Vs UTS Travel
Adv. Prateek Pai and Adv. Aditya Shetye present for plaintiff.
Defendant side called, but absent.
Suit is not traceable, Suit be traced out.
Suit adjourned to 06.09.2024 for NM hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 06-09-2024
Date: 06-09-2024
Business: Spearhead Destinations Pvt. Ltd. Vs UTS Travel
Adv. Prateek Pai and Aditya Shete present for plaintiff.
Defendant side called, but absent.
Suit is kept back at 15.00 Hrs.
Later on at 15.00 Hrs.
Adv. Prateek Pai and Aditya Shete present for plaintiff.
Later on at 14.13 Hrs.
Report received on 24.06.2024 from PLA Department taken on record today and marked as Exh.25.
Suit adjourned to 20.09.2024 for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 20-09-2024
Date: 20-09-2024
Business: Spearhead Destinations Pvt.Ltd. Vs UTS Travel.
Adv. Aaditya Shete present for plaintiff.
Plaintiff requested that, suit be kept back in second half.
Defendant side called, but absent.
Parties to file brief written arguments on pending Notice of Motion.
Suit adjourned to 07.11.2024 for NM hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-11-2024
Date: 07-11-2024
Business: Spearhead Destinations Pvt. Ltd. Vs UTS Travel
Adv. Prateek Pai and Adv. Aditya Shete present for plaintiff.
Defendant side called, but absent.
Exh.26- Written arguments filed by plaintiff.
Exh.27- Compilation of judgments filed by plaintiff.
Perused affidavit of service filed by plaintiff at Exh.24 on 25.01.2024.
Through said affidavit of service, plaintiff is claiming that, defendants are served as follows -
06.07.2023 - Defendant no.2 is served.
08.08.2023 - Defendant no.2 is served.
12.07.2023 - Defendant no.3 is served.
12.07.2023 - Defendant no.4 is served.
06.07.2023 - Defendant no.7 is served.
08.08.2023 - Defendant no.7 is served.
06.07.2023 - Defendant no.8 is served.
08.08.2023 - Defendant no.8 is served.
Perusal shows that, defendant no.1 has filed Vakilpatra at Exh.03 on 04.03.2020.
Perusal shows that, defendant no.2 has filed Vakilpatra at Exh.02 on 04.03.2020.
Perusal shows that, defendant no.7 and 8 have filed Vakilpatra at Exh.04 on 21.09.2021.
On oral request of plaintiff Suit is kept back.
Later on at 13.48 Hrs.
Adv. Prateek Pai and Adv. Aditya Shete present for plaintiff.
Exh.28- Pursis filed by plaintiff to pass, without Written Statement Order against defendant no.2, 7 and 8.
Exh.29- Pursis filed by plaintiff to pass exparte Order against defendant no.3 and 4.
Considering all the facts, following Order is passed-
Suit to proceed without Written Statement against defendant no.2, 7 and 8.
Suit to proceed exparte against defendant no.3 and 4.
Parties are directed to e-file all their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, its replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 10.12.2024 for NM hearing.
Judge
Next Purpose: NM ARGUMENTS
Next Hearing Date: 10-12-2024
Date: 10-12-2024
Business: Spearhead Destination Vs. UTS Travel
Adv. Aditya Shetye present for plaintiff.
Defendant side called, but absent.
Plaintiff is seeking oral adjournment.
Parties to take steps.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 26.02.2025 for NM hearing.
Judge
Next Purpose: NM ARGUMENTS
Next Hearing Date: 26-02-2025
Date: 26-02-2025
Business: Suit was adjourned for 26.02.2025. 26.02.2025 being holiday, Suit is taken on board on immediate next working day i.e. on 27.02.2025.
None present for plaintiff.
Matter stands Adj to 11-03-2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 11-03-2025
Date: 11-03-2025
Business: Adv. Prateek Pai for plaintiff present.
Matter is not traced.
Office to trace out the matter and place before the court on next date.
Matter stands Adj for NM hearing on 09-04-2025.
Later on
Suit traced out.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-04-2025
Date: 09-04-2025
Business: Adv. Prateek Pai a/w Adv. Aditya Shete for plaintiff present.
None present for defendant.
Matter stands Adj to 16-06-2025 for argument on NM
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-06-2025
Date: 16-06-2025
Business: Matter pertains to C.R. No.31.
Adv. Aditya Shetty for plaintiff present.
None present for defendant.
Adv. for plaintiff filed draft chamber summons alongwith affidavit in support.
O-Leave is granted to register it.
Copy be served to other side.
Matter stands Adj to 17.07.2025 for chamber summons returnable.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 17-07-2025
Date: 17-07-2025
Business: Adv. Aditya Shirke for plaintiff present.
None present for defendant.
Advocate for the plaintiff tendered the registered Chamber Summons No.1445/2025 along with affidavit in support. TOR
Matter stands Adj to 24-09-2025 for Chamber Summons reply and hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-09-2025
Date: 24-09-2025
Business: Adv. Aditya Shetye for plaintiff present.
None present for defendant.
Order on Chamber summons No.1445/2025
Heard advocate for plaintiff. Perused record. Advocate for plaintiff submit that an attempt was made to serve defendant No.1, 5 and 6 i.e. Russian entity and individuals. However, neither the postal parcel nor card ever received back. He further submit that due to war like situation in Russia it is very difficult for plaintiff to serve defendant No.1,5 and 6. Relying on Rule 55 (A) of Bombay City Civil Courts Rules, he submit that permission may be granted to serve defendants No.1,5 and 6 by email. He further submit that email ID of defendants No.1,5 and 6 is available as plaintiff many a times exchanged emails with defendants No.1,5 and 6. Considering fact and circumstances of present suit and difficulty which plaintiff is facing for service to defendants NO.1, 5 and 6 I find it fit to allow this chamber summons. As Rule 55 (A) of Bombay City Civil Courts Rules provides for issuance of Writ of Summons by email. Thus, grounds are satisfactory. Plaintiff is permitted to serve defendant No.1,5 and 6 on their respective emails address. Issue fresh writ of summons and time is extended for its service. Plaintiff to file service affidavit on next date.
Matter stands Adj to 11-11-2025 for filing service affidavit.
Next Purpose: SERVICE
Next Hearing Date: 11-11-2025
Date: 11-11-2025
Business: Adv. Aditya Shetye for plaintiff present.
Exh.30 Service affidavit filed by plaintiff in respect of defendant No.1,5 and 6. As per said service affidavit these defendants served on 18.10.2025.
Advocate for plaintiff submit that all the defendants are duly served with copy of notice of motion 3844/2022. However, none filed reply to said notice of motion.
Matter stands Adj to 09-01-2026 for appearance of defendant No.1,5 and 6/argument on NM No.3844/2022.
Next Purpose: FOR APPERANCE
Next Hearing Date: 09-01-2026
Date: 09-01-2026
Business: Adv. Aditya Shetye for plaintiff plaintiff present.
None present for defendant.
Plaintiff filed service affidavit Exh.30 in respect of defendant No.1, 5 and 6. These defendants served on 18.10.2025. None appeared till this date. Hence, suit shall proceed ex-parte against defendant No.1,5 and 6.
Matter stands Adj to 07-03-2026 for argument on NM.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-03-2026
Date: 07-03-2026
Business: Adv. Aditya Shete for plaintiff is present.
None for defendant.
Advocate for plaintiff submits that on instruction he is withdrawing NM No. 3844/2022. Submission is accepted. NM No. 3844/2022 is disposed-of as withdrawn.
Suit is ex-parte against defendant No. 01, 03 to 06 and without written statement against No.2, 7, 8.
Matter stands Adj to 09.04.2026 for filing evidence affidavit and compilation of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-04-2026
Date: 09-04-2026
Business: Adv. Mrinali Dave i/b Keystone Partners for plaintiff present.
Matter stands Adj to 09-06-2026 for evidence.
Later on at 12.05 pm.
Adv. Shreya Gupte i/b Hedgehog and Fox for defendant present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2026
Date: 09-06-2026
Business: Adv. Aditya Shetye for plaintiff present and prayed time to file chamber summons seeking amendment. O- Time is granted.
Matter stands Adj to 22-07-2026 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-07-2026
Date: 22-07-2026
Business: Adv. Aditya Shete for plaintiff present.
Matter stands Adj to 30-09-2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2026