Date: 24-04-2019
Business: adv for plff present.
deft. and his adv. absent.
Issue writ of summons.
Matter is adjd. to. 01/08/2019 for Report of service.
Next Purpose: REPORT
Next Hearing Date: 01-08-2019
Date: 01-08-2019
Business: As Court is vacant. Hence board is discharged.
Next Purpose: REPORT
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Next Purpose: REPORT
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Adv. Sharma for plff present.
Representative of D/1 present.
None for D/ 2.
Plaint
VP
Address Memo
List of documents.
Adv. for plff tendered affidavit of service along with acknowledge receipt and unclaimed cover.
It appears that d/2 despite intimation failed to claim writ of summons through RPAD , hence he is deemed to be served. Since D/2 remained absent he is marked exparte.
Adjd. for filling w/s by D/1. to 30.01.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv. Mr. Ganesh Lamhade for plaintiff present.
Adv. Mr. Vaibhav Kamble for defendant no. 1 present.
Defendant no. 2 Ex-parte
K.B.
Adv. for defendant no. 1 tendered Written Statement. t.o.r. at Exh.06. Copy already served to other side.
Adjd to 02.04.2020 for Framing Issues .
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-04-2020
Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Business: Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Business: Due to Covid-19, the matter is adjourned to 08.01.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: None present.
The matter is adjd for issues to 12.04.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: As it was declared holiday by Hon''ble High Court due to Covid-19, the matter is adjd
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-07-2021
Date: 17-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 18.09.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-09-2021
Date: 18-09-2021
Business: Adv. Laxmikant Patil for plaintiff is present.
None for defendant.
Adv.for plaintiff tendered draft issues. T.O.R.
Heard Adv.for plaintiff.
Perused the pleadings on record. Also perused the draft issues. In view of the pleadings the issues are framed at Exh.7.
Matter adjd for R/E on 04.01.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: In view of Office Order No. 290/21, PO is attending 40hrs Mediation Training Programme, as a Trainer at JOTI, Nagpur, therefore matter is adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1)
Adv.Achala Hatode For plaintiff present.
None for defendant.
On behalf of plaintiff Witness Pavankumar Dhoot is present.
Oath is administered to the witness. He has filed affidavit in lieu of examination in chief. He has admitted the contents of affidavit and the signature thereon. Therefore this affidavit evidence is taken on record and marked as Exh.8. alongwith the affidavit is compilation of documents.t.o.r. marked as Exh.9.
Plaintiff to serve the copy of Exh.8 and 9 to defendant.
Matter is adjd to 15.07.2022 for Admission and denial of documents.
Judge
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Adv.Achala Hatode for the plff present.
None for the deft
Plff.witness is present.
k.b.
Later on at 01.00 pm
Same Appearance.
Exh.8-- PW.1 Pawan Kumar Dhoot on SA, further examined by Advocate for the Plaintiff.
Exh.10-- Original power of attorney dated 15.03.2022.
Exh.11- Original Dividend Warrant dated 30.07.1994.
Exh.12-- Original Certificate of Police Complaint dated 15.04.1996
Exh.13-- Photocopy of letter dated 26.07.1996
Exh.14-- Photocopy of letter dated 12.08.1996
Exh.15-- Second copy of letter dated 20.04.2017
Exh.16-- Original letter dated 27.04.2017.
Exh.17-- Photocopy of letter dated 28.04.2017
Exh.18-- Original letter dated 09.05.2017
Exh.19Colly-- Original five letter dated 23.05.2017
Exh.20-- Second copy of letter dated 03.05.2017.
Exh.21-- Original letter dated 06.06.2017.
Exh.22-- Photocopy of letter dated 29.09.2017
Exh.23-- Second copy of letter dated 26.12.2017
Exh.24--Original letter dated 02.01.2018
Exh.25-- Original letter dated 17.01.2018
Exh.26-- Second copy of letter dated 05.04.2018
Exh.27--Original letter dated 07.04.2018
Exh.28-- Second copy of letter dated 23.04.2018
Exh.29-- Second copy of letter dated 25.04.2018
Exh.30-- Original letter dated 12.05.2018
Exh.31--Duplicate letter dated 03.08.2018
Exh.32--Original letter dated 11.08.2018
Exh.33-- Office copy of notice dated 10.10.2018
Exh.34Colly--Two letters each dated 27.10.2018 alongwith respective enclosures.
Exh.35-- Original letter dated 26.12.2018
Exh.36-- Original counterfoil dated 04.08.2021
Exh.37-- Second copy of letter dated 18.08.2021
Exh.38-- Postal Ballot for the year 2015-2016
Exh.39-- Postal Ballot for the year 2015-2016.
Exh.40-- Evidence Closure pursis filed by the Advocate for the Plaintiff.
None present for the defendant when called repeatedly. Matter is proceeded without Cross Examination of Defendant. Witness PW.1 discharged.
Matter adjd for Argument on 07.09.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Adv. Achala for plaintiff is present.
None present for defendant.
It reveals the defendant no.1 has filed his WS at Exh.6. Hence, the matter is kept for evidence of defendant no.1 by removing the matter from the caption of argument.
Matter adjd to 19.09.2022 for evidence of defendant no.1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Adv. Achala Hatode for plaintiff is present.
None present for defendant no.1.
The evidence of defendant no.1 is close. The matter is fixed for final argument.
Defendant no.2 ex-parte.
Matter adjd to 11.10.2022 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-10-2022
Date: 11-10-2022
Business: CA of Plaintiff present.
Advocate Achala Hatode for plaintiff present.
Advocate Jadhav for defendant present.
On oral request of both parties.
Matter adjd to 20/10/2022 for final Argument .
Next Purpose: ARGUMENTS
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: P.O. is one leave. Hence matter is ajdj to
Next Purpose: ARGUMENTS
Next Hearing Date: 06-01-2023
Date: 06-01-2023
Business: Adv. Achala Hatode for plaintiff is present.
Adv. Shukla H/f Adv. Shah for defendant no.1 is present.
As Court is busy in dictating judgment in SU No. 219/88 and SU No. 17/89. Hence, matter adjourned.
Matter adjd to 07.02.2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Plaintiff is present.
Adv. Achala Hatode for plaintiff is present.
None present for defendant.
Matter adjd to 10.03.2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: P.O. is on leave matter adjd.to
Next Purpose: ARGUMENTS
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: Husband of the plaintiff is present in person.
Adv. Ms. Achala Hatode for the plaintiff is present.
None present for the defendant.
The Court is busy in hearing urgent notice of motion taken by praecipe.
Matter adjd to 12.06.2023 for final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: Adv. Achala Hatode for plaintiff is present.
None present for defendant.
Matter adjd to 01.07.2023 for final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-07-2023
Date: 01-07-2023
Business: P.O. is on leave hence matter adjd.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-08-2023
Date: 02-08-2023
Business: Adv. Achala Hatode for plaintiff is present.
None present for defendant.
Court is busy in passing judgment in suit no. 7485/83. Hence adjourned.
Matter adjd to 13.09.2023 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: Adv. Achala Hatode for plaintiff is present.
None present for defendant.
Matter adjd to 07.11.2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: Adv. Hrishikesh Bandekar h/f Archana Hathode for plaintiff is present.
None present for defendant.
Matter adjd to 19.12.2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-12-2023
Date: 19-12-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: ARGUMENTS
Next Hearing Date: 07-02-2024
Date: 07-02-2024
Business: P. O is on official duty at Small Causes Court in 1st session.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-03-2024
Date: 13-03-2024
Business: Adv. Archana Hatode for plaintiff is present.
None present for defendant.
Matter adjd to 30.03.2024 for argument on the request of Adv. for plaintiff.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-03-2024
Date: 30-03-2024
Business: Adv. Achala Hatode for plaintiff is present.
None present for defendant.
Matter adjd to 04.05.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-05-2024
Date: 04-05-2024
Business: None present for plaintiff and defendant.
Matter adjd to 06.07.2024 for argument.
L.O at 12.00 p.m
Adv. Achala Hatode for plaintiff is present.
Matter already adjd to 06.07.2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-07-2024
Date: 06-07-2024
Business: Adv. Achala Hatode for plaintiff is present and seek time. O- Time granted.
None present for dejmfendant.
Matter adjd to 31.07.2024 for argument at 2.45 p.m.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-07-2024
Date: 31-07-2024
Business: Adv. Achala Hatode for plaintiff is present and seek time. O- Time granted.
None present for defendant.
Matter adjd to 17.08.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-08-2024
Date: 17-08-2024
Business: Adv. Achala Hatode for plaintiff is present.
None present for defendant.
Argument of Adv. for plaintiff is partly heard. She requested time for further argument. O- Time granted.
Matter adjd to 31.08.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-08-2024
Date: 31-08-2024
Business: Adv. Achala Hatode for plaintiff is present and seek time. O- Time granted.
None present for defendant.
Matter adjd to 21.09.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-09-2024
Date: 21-09-2024
Business: Adv. Achala Hatode for plaintiff is present and seek time. O- Time granted.
None present for defendant.
Matter adjd to 08.10.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-10-2024
Date: 08-10-2024
Business: Adv. Achala Hatode for plaintiff is present she seek time. Time granted.
None for defendant
Matter adjd to 07/11/2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-11-2024
Date: 07-11-2024
Business: Adv. Achala Hatode for plaintiff is present and seek time. O- Time granted as last chance.
None present for defendant.
Matter adjd to 30.11.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-11-2024
Date: 30-11-2024
Business: P.O. is on mediation training hence matter adjd. to 20/01/2025
Next Purpose: ARGUMENTS
Next Hearing Date: 20-01-2025
Date: 20-01-2025
Business: Adv. Achala Hatode for plaintiff is present and seek time. O- Time granted.
None present for defendant.
Matter adjd to 30.01.2025 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-01-2025
Date: 30-01-2025
Business: Adv. Achala Hatode for plaintiff is present and seek time. O- Time granted.
None present for defendant.
Matter adjd to 25.02.2025 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-02-2025
Date: 25-02-2025
Business: Adv. Achala Hatode for plaintiff is present and seek time on the ground of ill health of plaintiff. O- Time granted as a last chance. She requested for longer date.
None present for defendant.
Matter adjd to 27.03.2025 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-03-2025
Date: 27-03-2025
Business: Plaintiff present.
Adv. Achala Hatode for plaintiff is present and filed application Exh.41 TOR.
None present for defendant.
Section 56 and 58 of Companies Act deals with transfer of share. Procedure for transfer of share is provided u/s 56 of the Act. Section 58 impower the company to refuse to register transfer. The transferee within 30 days of the refusal is entitled to prefer appeal before the tribunal. Section 58 of Act also provides a mechanism for appeal. The Ld. advocate requested for directions to the tribunal to decide appeal of present plaintiff within stipulated period. The plaintiff is present in the Court. The request is made on behalf of plaintiff through advocate for disposal of suit with direction to the tribunal to entertain the appeal. It is settled that, the Civil Court has got jurisdiction in respect of all civil matters except those for which tribunal are constituted under special statute. In the case on hand mechanism is provided u/s 58 of Companies Act for filing appeal after refusal to register transfers. In the above circumstances, it is just and necessary to grant liberty to the plaintiff to approach tribunal for the reliefs sought in the present suit. The tribunal will consider the time consumed for the decision of present suit and will decide the appeal within stipulated period. At this stage, advocate for plaintiff seek permission for withdrawal of suit with liberty to file appeal before the tribunal. Permission granted for withdrawal of suit with liberty to file appeal before the tribunal. Suit stands withdrawn with liberty to file appeal with no order as to costs. Court fees be return as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 27-03-2025