Date: 18-04-2018
Business: Adv. Ganesh Shetty Present for the Plff.
Adv. Jadhav Present for the Deft.
Adv. for the Plff filed Registered SJ 299/17 alongwith affidavit. t.o.r.
Adv. for the Plff filed Service affidavit of the suit alongwith writ of summons and acknowledgement. t.o.r.
Ld counsel for Plff sought time to file reply to the Nm 751/18.
Adj. for Reply of NM 751/18 on 09/08/2018.
Next Purpose: REPLY
Next Hearing Date: 09-08-2018
Date: 09-08-2018
Business: P.O is on Leave
Next Purpose: REPLY
Next Hearing Date: 30-10-2018
Date: 30-10-2018
Business: Matter transferred from Cr. no.28.
Adv. Ganesh Shetty Present for the Plff.
Adv. Vilas Jadhav Present for the Deft.
Ld counsel for the Plff filed reply to NM 754/18. t.o.r. copy served upon otherside.
Adj. For Hearing of NM 754/18 and SJ 299/17 on 14/12/2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2018
Date: 14-12-2018
Business: Adv for plaff Mr.Ganesh Shetty present
He prayed deft will be directed to give status regarding
Case filed in before NCLT against deft
FRSR Order
Deft are directed to give report about status regarding
Case find before NCLT
Matter is Adjd for report by deft on 06/02/2019
Exb-3 Later on Adv for deft filed application to bring on record
proceeding under I and B court in NCLT
Matter is kept for reply on the same
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2019
Date: 06-02-2019
Business: Adv for deff.Mr.Vilas Jadhav present
Exh 3.He has filed List of document along with application
O- It appears that adv has not taken out N/M for making prayer to stay the proceeding therefore, this application is filed
Matter is Adjd for Hearing on S/J 299/17 and N/M 751/18 and on 19/03/2019
Next Purpose: HEARING
Next Hearing Date: 19-03-2019
Date: 06-02-2019
Business: Adv for deff.Mr.Vilas Jadhav present
Exh 3.He has filed List of document along with application
O- It appears that adv has not taken out N/M for making prayer to stay the proceeding therefore, this application is filed
Matter is Adjd for Hearing on S/J 299/17 and N/M 751/18 and on 19/03/2019
Next Purpose: HEARING
Next Hearing Date: 19-03-2019
Date: 06-02-2019
Business: Adv for deff.Mr.Vilas Jadhav present
Exh 3.He has filed List of document along with application
O- It appears that adv has not taken out N/M for making prayer to stay the proceeding therefore, this application is filed
Matter is Adjd for Hearing on S/J 299/17 and N/M 751/18 and on 19/03/2019
Next Purpose: HEARING
Next Hearing Date: 19-03-2019
Date: 19-03-2019
Business: Matter transferred from Cr. no.09.
Both parties and their counsel absent.
Adj. For Hearing of NM 751/18 and SJ 299/17 on 25/06/2019.
Next Purpose: HEARING
Next Hearing Date: 25-06-2019
Date: 25-06-2019
Business: None present.
Adv. For plaintiff absent.
Adv. For defendant absent.
Matter adjd to 02.07.2019 for hearing
Next Purpose: HEARING
Next Hearing Date: 02-07-2019
Date: 25-06-2019
Business: None present.
Adv. For plaintiff absent.
Adv. For defendant absent.
Matter adjd to 02.07.2019 for hearing
Next Purpose: HEARING
Next Hearing Date: 02-07-2019
Date: 25-06-2019
Business: None present.
Adv. For plaintiff absent.
Adv. For defendant absent.
Matter adjd to 02.07.2019 for hearing
Next Purpose: HEARING
Next Hearing Date: 02-07-2019
Date: 02-07-2019
Business: P.O. is on leave Due to heavy rain,
all staff was absent hence matter taken on todays board.
Matter adjd. To 16.08.2019
Next Purpose: HEARING
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: P.O. is on Training, Board is discharged
Next Purpose: HEARING
Next Hearing Date: 10-10-2019
Date: 16-08-2019
Business: P.O. is on Training, Board is discharged
Next Purpose: HEARING
Next Hearing Date: 10-10-2019
Date: 16-08-2019
Business: P.O. is on Training, Board is discharged
Next Purpose: HEARING
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Business: P.O.A. of Plaintiff is present, his advocate is absent, he seeks time for hearing. O-granted.
None for defendant present.
Matter adjd for hearing to 20.11.2019
L.O. at 1.45pm
Adv. Vilas Jadhav for defendant present.
He tendered application for disposing the matter on the basis of order passed MA 1096/2019 in CP(IB) 1319(MB)/2017 before National company Law Tribunal Mumbai Bench.
O-other side to say.
Matter adjd for Say to 20.11.2019
Next Purpose: FILING SAY
Next Hearing Date: 20-11-2019
Date: 10-10-2019
Business: P.O.A. of Plaintiff is present, his advocate is absent, he seeks time for hearing. O-granted.
None for defendant present.
Matter adjd for hearing to 20.11.2019
L.O. at 1.45pm
Adv. Vilas Jadhav for defendant present.
He tendered application for disposing the matter on the basis of order passed MA 1096/2019 in CP(IB) 1319(MB)/2017 before National company Law Tribunal Mumbai Bench.
O-other side to say.
Matter adjd for Say to 20.11.2019
Next Purpose: FILING SAY
Next Hearing Date: 20-11-2019
Date: 10-10-2019
Business: P.O.A. of Plaintiff is present, his advocate is absent, he seeks time for hearing. O-granted.
None for defendant present.
Matter adjd for hearing to 20.11.2019
L.O. at 1.45pm
Adv. Vilas Jadhav for defendant present.
He tendered application for disposing the matter on the basis of order passed MA 1096/2019 in CP(IB) 1319(MB)/2017 before National company Law Tribunal Mumbai Bench.
O-other side to say.
Matter adjd for Say to 20.11.2019
Next Purpose: FILING SAY
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Adv. Ganesh Shetty for plaintiff present.
Adv. Vilas Jadhav for defendant present.
Plff has filed reply on Ex 4.
Matter is adjourned for Hearing to 23/01/2020.
Next Purpose: HEARING
Next Hearing Date: 23-01-2020
Date: 20-11-2019
Business: Adv. Ganesh Shetty for plaintiff present.
Adv. Vilas Jadhav for defendant present.
Plff has filed reply on Ex 4.
Matter is adjourned for Hearing to 23/01/2020.
Next Purpose: HEARING
Next Hearing Date: 23-01-2020
Date: 20-11-2019
Business: Adv. Ganesh Shetty for plaintiff present.
Adv. Vilas Jadhav for defendant present.
Plff has filed reply on Ex 4.
Matter is adjourned for Hearing to 23/01/2020.
Next Purpose: HEARING
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Ganesh Shetty For plff. Present.
Adv. Vilas Jadhav For deft. Present.
Matter is adjd to 30.04.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 30-04-2020
Date: 23-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Ganesh Shetty For plff. Present.
Adv. Vilas Jadhav For deft. Present.
Matter is adjd to 30.04.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 30-04-2020
Date: 23-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Ganesh Shetty For plff. Present.
Adv. Vilas Jadhav For deft. Present.
Matter is adjd to 30.04.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 30-04-2020
Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 21-05-2020
Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 21-05-2020
Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 21-05-2020
Date: 21-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: HEARING
Next Hearing Date: 09-06-2020
Date: 21-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: HEARING
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 29-07-2020
Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 29-07-2020
Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Business: Due to Covid-19 Lockdown
Next Purpose: HEARING
Next Hearing Date: 12-10-2020
Date: 29-07-2020
Business: Due to Covid-19 Lockdown
Next Purpose: HEARING
Next Hearing Date: 12-10-2020
Date: 29-07-2020
Business: Due to Covid-19 Lockdown
Next Purpose: HEARING
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: Due to Covid-19 Lockdown
Next Purpose: HEARING
Next Hearing Date: 25-11-2020
Date: 12-10-2020
Business: Due to Covid-19 Lockdown
Next Purpose: HEARING
Next Hearing Date: 25-11-2020
Date: 12-10-2020
Business: Due to Covid-19 Lockdown
Next Purpose: HEARING
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: P.O. is on Leave.
Due to Covid-19 pandemic none appeared.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 12-02-2021
Date: 25-11-2020
Business: P.O. is on Leave.
Due to Covid-19 pandemic none appeared.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 12-02-2021
Date: 25-11-2020
Business: P.O. is on Leave.
Due to Covid-19 pandemic none appeared.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: P.O. is on leave.
Matter is adjd to 12.04.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 12-04-2021
Date: 12-02-2021
Business: P.O. is on leave.
Matter is adjd to 12.04.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 12-04-2021
Date: 12-02-2021
Business: P.O. is on leave.
Matter is adjd to 12.04.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: Due to Covid-19 pandemic none appeared.
Matter is adjd to 02/07/2021 for Hearing
Next Purpose: HEARING
Next Hearing Date: 02-07-2021
Date: 12-04-2021
Business: Due to Covid-19 pandemic none appeared.
Matter is adjd to 02/07/2021 for Hearing
Next Purpose: HEARING
Next Hearing Date: 02-07-2021
Date: 12-04-2021
Business: Due to Covid-19 pandemic none appeared.
Matter is adjd to 02/07/2021 for Hearing
Next Purpose: HEARING
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 21.08.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-08-2021
Date: 02-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 21.08.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-08-2021
Date: 02-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 21.08.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Ganesh Shetty for the plff present.
Matter is adjd to 14.10.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 14-10-2021
Date: 21-08-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Ganesh Shetty for the plff present.
Matter is adjd to 14.10.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 14-10-2021
Date: 21-08-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Ganesh Shetty for the plff present.
Matter is adjd to 14.10.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Coram H.H.J. SHRI V.B. KAKATKAR C.R. NO. 15
Matter Pertains to C.R. No. 61.
Adv. Ganesh Shetty present for the applicant.
He filed draft Chamber summons a/w affidavit TOR O- Leave is granted register. Chamber summons Serve to other side.
Matter is adjd to 20.12.2021.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 20-12-2021
Date: 14-10-2021
Business: Coram H.H.J. SHRI V.B. KAKATKAR C.R. NO. 15
Matter Pertains to C.R. No. 61.
Adv. Ganesh Shetty present for the applicant.
He filed draft Chamber summons a/w affidavit TOR O- Leave is granted register. Chamber summons Serve to other side.
Matter is adjd to 20.12.2021.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 20-12-2021
Date: 14-10-2021
Business: Coram H.H.J. SHRI V.B. KAKATKAR C.R. NO. 15
Matter Pertains to C.R. No. 61.
Adv. Ganesh Shetty present for the applicant.
He filed draft Chamber summons a/w affidavit TOR O- Leave is granted register. Chamber summons Serve to other side.
Matter is adjd to 20.12.2021.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Court is on leave hence, matter is adjourned.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 04-02-2022
Date: 20-12-2021
Business: Court is on leave hence, matter is adjourned.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 04-02-2022
Date: 20-12-2021
Business: Court is on leave hence, matter is adjourned.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Date: 04-02-2022
Business: None present for Plaintiff.
SJ 299/17 None present for Defendant.
NM 751/18 Matter adj. to 13/04/2022 for Ch/s. Service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 13-04-2022
Date: 04-02-2022
Business: None present for Plaintiff.
SJ 299/17 None present for Defendant.
NM 751/18 Matter adj. to 13/04/2022 for Ch/s. Service.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: P.O. is on training
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 25-07-2022
Date: 13-04-2022
Business: P.O. is on training
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Plaintiff\''s representative – Mr. Mohd. Rafiq present. Plaintiff\''s advocate absent.
None for Defendant.
The NM is pending since long time. So also the Ch/s. and SJ are pending. Parties are directed to workout the matter on next date.
Matter adjourned to 16/09/2022 for Ch/s. Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 16-09-2022
Date: 25-07-2022
Business: Plaintiff\''s representative – Mr. Mohd. Rafiq present. Plaintiff\''s advocate absent.
None for Defendant.
The NM is pending since long time. So also the Ch/s. and SJ are pending. Parties are directed to workout the matter on next date.
Matter adjourned to 16/09/2022 for Ch/s. Hearing.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 16-09-2022
Date: 25-07-2022
Business: Plaintiff\''s representative – Mr. Mohd. Rafiq present. Plaintiff\''s advocate absent.
None for Defendant.
The NM is pending since long time. So also the Ch/s. and SJ are pending. Parties are directed to workout the matter on next date.
Matter adjourned to 16/09/2022 for Ch/s. Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: Adv. Ganesh Shetty for plaintiff present.
None for defendant.
Exh.05-Vakalatnama filed by advocate.
Advocate for applicant tendered registered chamber summons no.1608 of 2021 along with affidavit.
Advocate for applicant filed affidavit of service of chamber summons. The defendant seems to have duly served.
Order on Chamber summons 1608 of 2021-
The present chamber summons is taken out by the LR\''s of plaintiff seeking their substitution as plaintiff. Plaintiff is reported to have died on 07.01.2021. The copy of death certificate is filed on record along with the affidavit.
Heard Mr. Ganesh Shetty for the applicants (proposed plaintiffs). There seems delay of 4 months and 22 days for setting aside the abatement.
Defendant in spite of service has not filed reply. Considering the fact that the sole plaintiff expired during the COVID-19 Pandemic period, the delay in taking out present application deserves to be condoned. Hence, the order-
Order
1. The chamber summons No.1608 of 2021 is allowed.
2. Plaintiff to carry out necessary amendment within two weeks from the date of this Order and file copy of amended plaint.
3. Chamber summons No.1608 of 2021 is disposed of accordingly.
Judge
Matter adjd. to 16.11.2022 for compliance/hearing of notice of motion.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: As Court is busy in argument in SJ 222/16, hence second session board is discharged.
Matter is adj to 11/01/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv.Ganesh Shetty for plaintiff present. He seeks time to file amended copy of plaint.
None for defendant.
ORDER ON NOTICE OF MOTION NO.751/18
This N/M is filed for condonation of delay is 23days in filing reply to Summons for Judgment (SJ).
Plaintiff has objected the N/M by filing reply.
Record reveals long standing absence of defendant. As short question is involved in the N/M, same is taken for hearing.
It has been contended in affidavit in support of N/M owing to the some pending proceedings before the other forum and due to time lapsed in consultation with the lawyer, some delay is occurred. It is also contended that as the defendant was out of station for business purpose. That added some delay.
Heard Ld.Adv.Ganesh Shetty for plaintiff. He submits that as the defendant has suppressed true facts from the court, the N/M is not maintainable in law. He further submits that the amount due is in fact admitted by the defendant and therefore, defendant has come with vague and false application. He submits that delay is not properly explained hence, same be rejected.
Considering the reason for the delay mentioned in N/M and short period of delay, I do not find that the delay is intentional or deliberate. Hence, N/M is deserved to be allowed.
ORDER
1. Notice of Motion No. 751/18 is allowed in terms of prayer clause (a)
2. Reply filed by defendant be taken on record.
Nature Of Disposal: ALLOWED
Disposal Date: 11-01-2023