Gaurav Ashok Adukia-Applicant-/Linesh Ravindra Devalia-PlffVsBasab Biraja Paul

Date: 25-02-2020
Business: Adv. Vaishnav for plaintiff present and mentioned the matter in the morning that he will not available in the second session.
Called out at 3.45 pm.
Adv. Nidhi Singh with Adv. Kirti Vagal for intervener Mr. Gaurav Adukia present and original CS no. 332/20 and NM no. 774/20 along with affidavit.  She also filed common affidavit of service on the plaintiff and also separate affidavit of service on defendant in CS no. 332/20
Heard Ld. counsel for intervener on CS no. 332/20.
None present for plaintiff and defendants. As per affidavit of service, the plaintiff and defendant have been served with Chamber summons no. 332/20  which seeks to add the applicant Mr. Gaurav Adukia as defendant no. 2, as per schedule I annexed with the CS by condoning the delay. After perusal of the affidavit in support of the CS, I find that as per section 7 of insolvency of Bankruptcy code 2016, proceedings have been initiated against the defendant and the same are admitted and pending before National Company Law Tribunal, Mumbai (W). Applicant has been appointed as interim resolution professional(IRP) and he is in possession of suit property. The moratorium period has expired on 30/12/19 and same has been extended for a period of 90 days i.e. till end of the March, 2020. Under the above circumstances the presence of applicant/proposed defendant no. 2 appears to be necessary before this court.
Hence, the CS no. 332/20 is hereby allowed and plaintiff is directed to carry out the amendment within two weeks from today and file on record the amended copy of plaint as per procedure.
Ld. counsel for intervener submitted that there is an urgency in the matter for hearing on interim order passed and continued by this court.
In view of the above, Matter stands Adj for NM hearing to 02.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Adv. Vishnav for plaintiff present and seeks time for reply to N/M No.774/20
Adv. Nidhi Singh for intervener present and oppose the request of grant of time to file reply.
Heard both sides.
Ld. counsel for the intervener filed affidavit of service alongwith Exh. A to E. Considering the urgency pressed by ld. counsel for the intervener, two weeks time granted to file reply to the N/M with a direction to serve the copy of reply in advance to the intervener on 16.03.2020. No further adjournment will be granted.
Matter stands Adj for reply on 18.03.2020 in the afternoon
Next Purpose: REPLY
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: None present for plaintiff and defendant.
As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Matter stands Adj for Reply to 07.04.2020
Next Purpose: REPLY
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: REPLY
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 07-07-2020

Date: 07-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: None for plaintiff.
Advocate Ms. Kirti Wagal for intervener present and submitted that the Plaintiff has not carried out amendment and has not filed reply to the NM filed by her.
She undertakes to inform the plaintiff about the next date.
The case is adjourned to 16.01.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: Advocate Vaishnav for plaintiff present and submits that the amendment will be carried out on or before 22.01.2021 and reply to NM will also be filed on same day by serving its copy on other side well in advance.
Advocate Ms. Saroj Ghatge i/b India Law LLP  for intervener present.
With consent the case is adjourned to 22.01.2021 for NM reply/hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: Advocate Vaishnawa for plaintiff present and seeks time as he is unwell.  Time is granted.
None for intervener.
The case is adjourned to 03.03.2021 for NM reply/ hearing.
LO at 02.05pm
Advocate Ms.Kirti Wagal  for intervener present.
Already the case is adjourned to 03.03.2021 for NM reply/ hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Advocate Vaishnawa for plaintiff present and seeks time.
He undertakes to serve the copy of reply on other side well in advance.
Advocate Ms.Kirti Wagal for defendant no. 2 present and objects for adjournment.
The case is adjourned to 15.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Advocate Vaishnawa for plaintiff present and seeks time to carry out the amendment.
Time is granted till next date.
Advocate Ms.Nidhi Singh for applicant present.
The case is adjourned to 22.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Advocate Vaishnawa for plaintiff present.
Advocate Ms.Nidhi Singh for defendant no. 2 present.
the case is adjourned to 28.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: Representative of plaintiff Mrs. Kalpita Nikumbh present.
Adv. Bharat Vishnawa for plaintiff present and tendered withdrawal application. t.o.r. and marked Exh -3.
Adv. Kirti Vagal for deft.No.2 present.
Order-
The deft. No.2 has given no objection for withdrawal of the suit. The plaintiff is permitted to withdraw the suit with liberty to institute a fresh suit for the subject matter of this suit.  In view of this, Suit is disposed of as withdrawn.  Consequently, all interim applications are disposed off.
Nature Of Disposal: WITHDRAWL
Disposal Date: 28-04-2021

Main Case No: SUIT/0102967/2019
Main Cnr: MHCC010116832019
Main Filing No: 111447

Filing Number: 102207/2020
Filing Date: 18-02-2020
First Hearing Date: 25th February 2020
Decision Date: 28th April 2021
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE