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NOTICE OF MOTION

Industrial Refrigeration +1 moreVsSeafood Park India Ltd. - Applicant

CNR MHCC01002370201815-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 30th June 2022

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100614/2018
Registration Date
15 Feb 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    3

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 22-03-2018
    Business: Both parties and Adv absent.
    Later on at 1.15pm.
    Adv. Ms. Kavita Sharma for defendant present.
    Later on at 3.00pm.
    Adv. Deepak Jamsandkar for plaintiff present.
    Adv. for plaintiff files reply on NM.
    Matter is adj. to 28/06/2018 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 28-06-2018
    
    Date: 28-06-2018
    Business: Adv. Deepak Jamsandekar for Plaintiff present.
    None for Defendant.
    Matter is adjd. to 27/07/2018  for Hearing on N/M as last chance.
    Next Purpose: HEARING
    Next Hearing Date: 27-07-2018
    
    Date: 27-07-2018
    Business: Adv. Deepak Jamsandekar for Plaintiff present.
    None for Defendant.
    Last chance is granted to the defendant for making submission on Notice of Motion if, the defendant fails necessary order will be passed on notice of motion.
    Matter is adjd. to 18/08/2018 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 18-08-2018
    
    Date: 18-08-2018
    Business: Adv. Deepak Jamsandekar for Plaintiff present.
    Adv. Kavita Sharma for Defendant present.
    The ld. Advocate for defendant has submitted that her senior advocate is out of town, hence she requested for short adjournment hence last chance is granted.
    Matter is adjd. to 11/09/2018 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-09-2018
    
    Date: 11-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: REJOINDER
    Next Hearing Date: 18-09-2018
    
    Date: 18-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: REJOINDER
    Next Hearing Date: 03-10-2018
    
    Date: 03-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: REJOINDER
    Next Hearing Date: 30-10-2018
    
    Date: 30-10-2018
    Business: Adv. Karishma Ahuja for Plaintiff present.
    Adv. Kavita Sharma for Defendant present.
    Advocate for defendant has filed rejoinder, TOR,
    Matter is adjd. to 10/12/2018 for Hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2018
    
    Date: 10-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-01-2019
    
    Date: 09-01-2019
    Business: PO is on mediation training at Utthan.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2019
    
    Date: 15-02-2019
    Business: H.H.J. is on Leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-02-2019
    
    Date: 26-02-2019
    Business: Adv. Jamsandekar Present for the Plff.
    Adv. Ms. Kavita Sharma Present for the Deft.
    Ld counsel for the deft sought adj. As nearest relative i.e. father of the counsel expired. Hence granted as strictly last chance as matter is High Court time bound.
    Hence adj. For hearing of NM 1385/16 and 614/18 on 07/03/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2019
    
    Date: 07-03-2019
    Business: Adv. Ashish Metha a/w Adv. Jamsandekar Present for the Plff.
    Adv. Kavita Sharma Present for the Deft.
    Ld counsel for the deft filed application for adj. t.o.r.
    Order- Heard, due to the reason mentioned adj. Granted as strictly last chance as matter time bound by Hon\''ble High Court.
    Adj. For Hearing of NM 614/18, 1385/16 on 27/03/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2019
    
    Date: 27-03-2019
    Business: Adv. Deepak jamsandekar Present for the Plff.
    Adv. Ashish Agarwal Present for the Deft.
    On the oral request of the Ld counsel for the plff. Adj. Granted strictly last chance as matter is time bound.
    Adj. For Hearing of NM 614/18, 1385/16 on 03/04/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2019
    
    Date: 03-04-2019
    Business: Adv. Ashish Metha a/w Adv Deepak Jamsandkar Present for the Plff.
    Adv. Aashish Agrawal Present for the Deft.
    Heard both sides at length on NM 1385/16.
    Adj. For Order of NM 1385/16 and Hearing of NM 614/18 on 16/04/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-04-2019
    
    Date: 16-04-2019
    Business: Adv. Deepak Jamsandekar Present for the Plff.
    Adv. Ashish Agarwal Present for the Deft.
    Adj. for Order of NM 1385/16 and Hearing on 614/18 on 23/04/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-04-2019
    
    Date: 23-04-2019
    Business: Adv. Ms. Almeda Present for the Plff.
    Adv. Ashsish Agarwal Present for the Deft.
    Adj. for order of NM on 25/04/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-04-2019
    
    Date: 25-04-2019
    Business: Adv. Ms. Almeda Present for the Plff.
    Adv. Kavita Sharama Present for the Deft.
    Order of NM 1385/16 and Hearing on 614/18 on 30/04/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-04-2019
    
    Date: 30-04-2019
    Business: Adv. Almeda Present for the Plff.
    Adv. Ms. Neelema Kirve Present for the Deft.
    F.R.S.R. following order of NM 1385/16.
    1. Notice of Motion 1385 of 2016 in Suit no.3675 of 2009 in High Court Summary Suit no.1389 of 2009 is allowed thereby delay is condon subject to payment of costs of Rs.5,000/- to the defendant on or before 08/07/2019 as condition precedent for hearing of SJ 272/2011.
    Adj. for Compliance and  Hearing of NM 614/18 on 08/07/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-07-2019
    
    Date: 08-07-2019
    Business: Adv. Almeda for plaintiff present.
    Adv. Kavita Sharma for defendant present.
    Matter adjd by consent for hearing of NM 614/18 on 26/08/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2019
    
    Date: 26-08-2019
    Business: Adv. Almeda for plaintiff present.
    Adv. Kavita Sharma for defendant present.
    Matter adjd by consent for NM hearing on 17/10/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Business: Adv. Deepak Jamsandekar for plaintiff present.
    Adv. Kavita Sharma for defendant present.
    Matter adjd by consent for NM hearing on 29/11/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: Adv. Deepak Jamsandekar for plaintiff present.
    Adv. Ashish Agarwal for defendant present.
    Adv. for plff filed an undated application to the registrar of this court. The said application is put-up before the court. t.o.r.
    Order passed on it. Seen. The R and P be returned to the C.R.No.28 immediately.
    Board dept is directed to takes required steps.
    Both adv. are ready to appear before the C.R.No.28 on 09/12/2019.
    Matter adjd to 09/12/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: Matter transferred from C. R. No. 20
    Adv Deepak jamgudekar for plaintiff present.
    Adv Kavita Sharma for defendant present.
    Matter stands Adj for NM hearing to 16/01/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Adv. Almeda for plaintiff.
    Adv. Kavita sharma for defendant.
    Adjd on the request of plaintiff to 28.02.2020 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-02-2020
    
    Date: 16-01-2020
    Business: Adv. Almeda for plaintiff.
    Adv. Kavita sharma for defendant.
    Adjd on the request of plaintiff to 28.02.2020 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Adv. Jamsandekar for plaintiff.
    Adv. Kavita sharma for defendant.
    Adv. for defendant filed written notes of argument.
    Heard argument on NM on behalf of defendant
    Adjd for filing written notes of argument on behalf of plaintiff to 18-03-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 18-03-2020
    
    Date: 28-02-2020
    Business: Adv. Jamsandekar for plaintiff.
    Adv. Kavita sharma for defendant.
    Adv. for defendant filed written notes of argument.
    Heard argument on NM on behalf of defendant
    Adjd for filing written notes of argument on behalf of plaintiff to 18-03-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: As per office order no. 66/2020 Board is Discharge
    Matter Adjd to 20/07/2020  for directions.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-07-2020
    
    Date: 18-03-2020
    Business: As per office order no. 66/2020 Board is Discharge
    Matter Adjd to 20/07/2020  for directions.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-07-2020
    
    Date: 20-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 08-10-2020
    
    Date: 20-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 13-01-2021
    
    Date: 08-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: PO is on leave
    Next Purpose: FOR___________________
    Next Hearing Date: 05-04-2021
    
    Date: 13-01-2021
    Business: PO is on leave
    Next Purpose: FOR___________________
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: As per office order 64/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-05-2021
    
    Date: 05-04-2021
    Business: As per office order 64/2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-05-2021
    
    Date: 07-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 20-10-2021
    
    Date: 07-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Adv Shivali Khadke present for the plaintiff.
    Adv Kavita Sharma I/b Ganesh and co. present for the defendant.
    Matter is adjd to 16.12.2021 for steps.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-12-2021
    
    Date: 20-10-2021
    Business: Adv Shivali Khadke present for the plaintiff.
    Adv Kavita Sharma I/b Ganesh and co. present for the defendant.
    Matter is adjd to 16.12.2021 for steps.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Adv. Fadke for the plaintiff present.
    None for defendants.
    Matter is adjd. to 10/02/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2022
    
    Date: 16-12-2021
    Business: Adv. Fadke for the plaintiff present.
    None for defendants.
    Matter is adjd. to 10/02/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2022
    
    Date: 10-02-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
    Matter is adjd. to  01-03-2022 NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2022
    
    Date: 10-02-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
    Matter is adjd. to  01-03-2022 NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: Adv. Shivali for plaintiff present.
    None for defendant.
    On the request of Adv. of plaintiff.
    Matter is adjd for NM  Hearing to 11-04-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2022
    
    Date: 01-03-2022
    Business: Adv. Shivali for plaintiff present.
    None for defendant.
    On the request of Adv. of plaintiff.
    Matter is adjd for NM  Hearing to 11-04-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: Advocate Mrs. Khadke for plaintiff present.
    None for defendant.
    Since long the Notice of Motion is pending for hearing. The Notice of Motion is tendered by defendant, but he absent. Therefore, Notice of Motion be kept for dismissal order.
    Matter is adjd. for NM Dismissal  to 30-06-2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 30-06-2022
    
    Date: 11-04-2022
    Business: Advocate Mrs. Khadke for plaintiff present.
    None for defendant.
    Since long the Notice of Motion is pending for hearing. The Notice of Motion is tendered by defendant, but he absent. Therefore, Notice of Motion be kept for dismissal order.
    Matter is adjd. for NM Dismissal  to 30-06-2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-06-2022
    
    Date: 30-06-2022
    Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
    Adv. Shivali Khadke h/f Adv. Deepak Jamsandekar for Plaintiff present.
    Adv. Ashish Agarwal for defendant present.
    Heard arguments of both sides on N.M.
    ORDER ON N.M. 614/18.
    	The is N.M. by the defendant challenging the Jurisdiction of this court  on the ground that, the defendant has a placed of Business at Kerala. The goods were to be supplied at Kerala and no cause of action has approved in the Jurisdiction of City Civil Court. Further the permission granted by the Hon\''ble High Court Under Clause 12 of Letters Patent would not confirmed on Jurisdiction on this court. The reason being which are transferred to the City Civil Court from the Hon\''ble High Court are being to have been instituted in this court originally.
    	The Counsel for Plaintiff has submitted that, the leave has been granted by the Hon\''ble High court in letters patent.
    	I have gone through the clause no. 16 of the plaint which sets out the Jurisdiction. The Clause refers to the world Contract which contents a stipulation that the money is paid at Mumbai and on the disputes are subject to Mumbai Jurisdiction.
    	A perusal of the work orders collectively and Exhibit E” (Colly) would show that, the payment was to be made at Mumbai or Silvasa Bank at that all the disputes are subject to Mumbai Jurisdiction only. This shows that, both parties had agreed that the dispute should be referred to court at Mumbai. This court has jurisdiction to decide the suit. N.M. No. 614/2018 stands disposed off accordingly.
    Adjd to 14/09/2022 for hearing on S.J.
                                                                                          Judge
    Nature Of Disposal: OTHER
    Disposal Date: 30-06-2022
    
    Date: 30-06-2022
    Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
    Adv. Shivali Khadke h/f Adv. Deepak Jamsandekar for Plaintiff present.
    Adv. Ashish Agarwal for defendant present.
    Heard arguments of both sides on N.M.
    ORDER ON N.M. 614/18.
    	The is N.M. by the defendant challenging the Jurisdiction of this court  on the ground that, the defendant has a placed of Business at Kerala. The goods were to be supplied at Kerala and no cause of action has approved in the Jurisdiction of City Civil Court. Further the permission granted by the Hon\''ble High Court Under Clause 12 of Letters Patent would not confirmed on Jurisdiction on this court. The reason being which are transferred to the City Civil Court from the Hon\''ble High Court are being to have been instituted in this court originally.
    	The Counsel for Plaintiff has submitted that, the leave has been granted by the Hon\''ble High court in letters patent.
    	I have gone through the clause no. 16 of the plaint which sets out the Jurisdiction. The Clause refers to the world Contract which contents a stipulation that the money is paid at Mumbai and on the disputes are subject to Mumbai Jurisdiction.
    	A perusal of the work orders collectively and Exhibit E” (Colly) would show that, the payment was to be made at Mumbai or Silvasa Bank at that all the disputes are subject to Mumbai Jurisdiction only. This shows that, both parties had agreed that the dispute should be referred to court at Mumbai. This court has jurisdiction to decide the suit. N.M. No. 614/2018 stands disposed off accordingly.
    Adjd to 14/09/2022 for hearing on S.J.
                                                                                          Judge
    Nature Of Disposal: OTHER
    Disposal Date: 30-06-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102633/2018
    Filing Date: 15-02-2018
    First Hearing Date: 22nd March 2018
    Decision Date: 30th June 2022
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    30 Jun 2022

    Order Details: Other Pdf Text: CORAM : H. H. J. SHRI. A. V. KHARKAR (C.R. No.15) Adv. Shivali Khadke h/f Adv. Deepak Jamsandekar for Plaintiff present. Adv. Ashish Agarwal for defendant present. Heard arguments of both sides on N.M. ORDER ON N.M. 614/18. The is N.M. by the defendant challenging the Jurisdiction of this court on the ground that, the defendant has a placed of Business at Kerala. The goods were to be supplied at Kerala and no cause of…

    Read Full Order
    Order 1Full order available
    30 Jun 2022

    Order Details: Other Pdf Text: CORAM : H. H. J. SHRI. A. V. KHARKAR (C.R. No.15) Adv. Shivali Khadke h/f Adv. Deepak Jamsandekar for Plaintiff present. Adv. Ashish Agarwal for defendant present. Heard arguments of both sides on N.M. ORDER ON N.M. 614/18. The is N.M. by the defendant challenging the Jurisdiction of this court on the ground that, the defendant has a placed of Business at Kerala. The goods were to be supplied at Kerala and no cause of…

    Read Full Order

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