Date: 25-02-2020
Business: Adv. Santosh Budhwani for plaintiff present and submitted that defendant no. 5 has been served and other defendants are being served. He sought time to file affidavit of service and prayed for urgent hearing on NM. He also seeks extension of time to serve writ of summons. Time extended.
None present for defendant.
Matter stands Adj for filing affidavit of service and hearing on NM to 27.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv. Santosh Budhwani for plaintiff present and filed original NM no. 813/20 along with affidavit. He also filed affidavit of service in NM no. 813/20.
None present for defendant.
Heard Ld. counsel for plaintiff on interim relief in NM no. 813/20.
Matter stands Adj for Order on Interim relief to 28.02.2020.
Next Purpose: ORDER
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: None present for plaintiff and defendant.
FRSR following interim order is passed in NM 813/20.
ORDER
1. The interim relief in terms of prayer clause (b) and (c) of the NM is hereby granted.
2. The defendants are hereby directed not to sale, alienate, assign or create encumbrance or third party interest in their movable and immovable properties without permission of this court, till next date.
3. Defendants are also directed to disclose details of their movable and immovable properties on affidavit so as to enable this court to take up the motion for hearing on merits after defendants appear before this court and submit their affidavit in reply to the Motion.
4. Issue notice to the defendants to show cause as to why the ad-interim relief granted in favour of plaintiff should not be continued during pendancy of the Motion/suit.
5. Ld. counsel for plaintiff is directed to communicate this order to the defendants for their information and necessary compliance and submit report of the compliance to this court on or before next date.
Matter stands Adj for return of notice/ reply to the NM on 17.03.2020.
Next Purpose: REPLY
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: Adv. Santosh Budhwani for plaintiff present.
None present for defendants.
Heard Ld. counsel for plaintiff. He submitted that as per order passed by this court on 28.02.2020, necessary compliance has been made and the order has been communicated to the defendant, as per affidavit of service filed with documents vide Exh. A to D. The defendants have been communicated with the orders of this court at their all available addresses/email ids of Mr. Vikas Shewade, Mr. Sandip Rawat and Mr. Rajesh Damani and even the photocopies of certified copy have been communicated to them, but the defendants are absent.
In view of the above, he submitted that the interim order passed by this court on 28.02.2020 may be continued.
After hearing the Ld. counsel for plaintiff and perusal of affidavit of compliance, the interim order passed by this court on 28.02.2020 is hereby continued until further orders.
Matter stands adjn for appearance of defendants/hearing on NM to 21.04.2020 at 4.00 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-05-2020
Date: 12-05-2020
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: NM FOR HEARING
Next Hearing Date: 01-06-2020
Date: 01-06-2020
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: NM FOR HEARING
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Business: Adv. Santosh Budhwani for plaintiff present and submitted that the order dated 28.02.2020, this court has protected the plaintiff and the said order was communicated to the defendants, as per order sheet dated 17.03.2020. However, in the said order the name of defendant no. 6 has been mentioned as Sandip Rawat instead of Mr. S. P. Rao, due to clerical mistake. The said mistake needs to be corrected for sake of record. Hence, this oral request for speaking two minutes.
None present for defendant.
After perusal of the record and order sheet dated 17.03.2020, the oral prayer for correction in the order sheet dated 17.03.2020 is allowed. The order sheet dated 17.03.2020 stands corrected i.e. the name of Mr. S. P. Rao, shall be read in place of Mr. Sandip Rawat.
Earlier interim order dated 28.02.2020 has been already continued until further orders. Ld. counsel for plaintiff pointed out that the defendants have neither appeared before this court nor complied with order/condition no. 03 of the order dated 28.02.2020. hence, the defendants may be called upon to inform the court, whether they have sold out any movable and immovable property inspite of the orders of the court and do the necessary compliance according to the law.
The above oral request of Ld. counsel for plaintiff is also granted and defendants are called upon to furnish the details/report compliance by next date.
After hearing the Ld. counsel for plaintiff, it appears that the defendants are deliberately avoiding appearance before this court and have not reported compliance. Hence, last chance is granted to the defendants to appear before the court and submit their reply to the NM taken out by the plaintiff.
On oral request of Ld. counsel for plaintiff, time is extended to remove the office objections, if any and to get the suit registered.
Matter stands Adj for filing reply to NM and compliance to 11.11.2020.
Next Purpose: REPLY
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Advocate Aaditya Khare for plaintiff present.
None for defendant.
From the record it appears that defendants are absent since prior to the lock down despite service. The affidavit of service is accepted by my predecessor as good service on defendants. In view of this Notice of Motion to proceed without reply.
The case is adjourned to 25.01.2021 for NM hearing.
LO at 02.30pm,
Advocate Rahul Agrawal for defendants present and submits that all the defendants have instructed him to appear on their behalf. He undertakes to file vakalatnama on next date.
Already the case is adjourned to 25.01.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Advocate Santosh Budhwani for plaintiff present.
KB at 2.00pm
LO at 2.30pm
Advocate Santosh Budhwani for plaintiff present.
Advocate Tariq Choudhary i/b adv. Rahul Agrawal for defendants present and filed vakalatnama. TOR and marked as Exh.2.
O- Filed.
Office to notify the office objections. Plaintiffs shall remove the office objections, if any, within three weeks from today failing which further orders will be passed.
The case is adjourned to 18.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Next Purpose: FOR___________________
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: None for plaintiff.
None for defendant
Matter is adjd.to 24-02-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv. Abhinandan Waghmare for plaintiff present.
None for defendant
Heard Ld. Adv. Abhinandan Waghmare for plaintiff partly.
Matter is adjd.to 15-03-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: Adv. Abhinandan Waghmare alongwith constituted attorney of plaintiff namely Muffaddal Lakdawala present and filed application for withdrawal of the suit. t.o.r. and marked as Exh.3
Adv. Abhinandan Waghmare for plaintiff submitted that the plaintiff does not want to continue the suit proceeding because the defendant moved an application u/s 10 of the IB Code for initiating corporate insolvency resolution at NCLT, Kolkatta. Constituted Attorney of plaintiff namely Muffaddal Lakdawala has admitted his signature on the application and expressed desire of withdrawing the suit. Considering contents in Exh.3 and submission of Ld. Adv. Abhinandan Waghmare, I passed the following order -
Order
1. Application Exh.3 is allowed.
2. Com SU 72/21 is disposed off as withdrawn.
3.Court fees be refunded to the Plaintiff as per rules and Refund Certificate be issued accordingly.
4. Parties shall bear their own costs.
5. NM No. 813/20 is disposed of having become infructuous due to disposal of the main matter.
5. Proceeding closed.
Nature Of Disposal: OTHER
Disposal Date: 15-03-2022