M/s. SGS India Pvt LtdVsM/s. B. S. Ispat Ltd +5 more

Date: 01-07-2019
Business: None present.
Matter is Adjd for Affidavit of Service to 25/09/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: None present.
Adjd. to 08.01.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Shinde for plaintiff present.
Plaint
Vakalatnama
Memorandum of address
List of document.
He filed application for issuance of fresh summons.
Order- issue fresh summons as prayed.
Matter is adjd to 07.02.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. P.B. Shinde for plff. Present.
Adv. For deft. Absent.
Adv. For the plff. Filed application for issuance of fresh writ of  summons. t.o.r. Exh-6 Order- issue fresh suit summons.
Matter is adjd to 18.03.2020 for service report.
Next Purpose: SERVICE
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: As per Corona Virus Circular dated on 16.03.2020.
Hence matter is adjd to 05.08.2020 for Service
Next Purpose: SERVICE
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: Due to Covid-19 Lockdown
Next Purpose: SERVICE
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Court is on Leave.
Matter is adjd to 15.03.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: P.O. IS ON LEAVE
Matter is adjd to 23.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 05/08/2021 for Service
Next Purpose: SERVICE
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: P.O. on leave, hence adjd to
Next Purpose: SERVICE
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: None present.
The matter is adjd for filing service affidavit to 22.09.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: CORAM : H.H.J. SHRI S.U. HAKE, JUDGE, CITY CIVIL COURT (C. R. NO. 14)
None present
The matter is adjd for filing service affidavit to
28-10-2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Adv. Sanket Padvekar for plaintiff present.  He sought time for filing service affidavit.  Time as prayed for is granted.
The matter is adjd for filing service affidavit to 24.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Adv. Sanket Padavekar for plaintiff present. He prayed for issuance of fresh writ of summons. O.- Issue fresh writ of summons to defendant.
The matter is adjd for affidavit of service to 04.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: Adv. Sanket Padavekar for plaintiff present.
Exh.7 - Adv. For plaintiff filed application for issuance of fresh writ of summons to defendants.
O. - Issue fresh writ of summons to defendants on the address mentioned in the application.
The matter is adjd for affidavit of service to 03.02.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: Adv. Aditya Kataggam for plaintiff present.  He sought time for filing service affidavit.  Time as prayed for is granted.
The matter is adjd for filing service affidavit to 17.03.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: None present.
The matter is adjd for filing affidavit of service to 21.04.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: None for plaintiff.
Adv. Mahant for deft. nos.1 and 6 present.
Exh.8 - Vakalatnama of Adv. Vinod Mahant and Adv. Aniket Waghdhare is filed on behalf of deft. nos.1 and 6 along with registered address. Taken on record subject to confirmation.
Adv. For deft. nos.1 and 6 submits that plaintiff has not served documents annexed with the plaint.
Plaintiff is directed to serve copies of the documents annexed with the plaint to Adv. For deft. nos.1 and 6.
The matter is adjd for affidavit of service to 10.06.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: None for plaintiff.
Adv. Aniket Wagdhare for deft. nos.1 and 6 present.
Adv. For deft. nos.1 and 6 tendered draft N/M.  Leave to register N/M is granted.
The matter is adjd for service of N/M to 01.07.2022.
Next Purpose: SERVICE
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: None for plaintiff.
Adv. Mahant for deft. nos.1 to 6 present.
Adv. For deft. nos.1 to 6 tendered registered N/M No.2025/22 along with service affidavit of N/M.  T.O.R.
K.B.
L.O. at 03.00 pm.
Adv. Vinod Mahant for deft. nos.1 to 6 present.
The matter is adjd for reply to N/M to 22.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv. Sanket Padvekar for plaintiff present.
None for defts.
Exh.9 - Adv. For plaintiff filed service affidavit.  T.O.R.
Adv. For plaintiff sought time to file reply to N/M.  Time as prayed for is granted.
The matter is adjd for reply to N/M to 12.08.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv. Sanket Padvekar for plaintiff present.  He sought time for filing reply to N/M. Other side is absent.  Therefore, time as prayed for is granted.
The matter is adjd for reply to N/M to 24.08.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Adv. Sanket Padvekar for plaintiff present.  He sought time for filing reply to N/M.  Other side is absent.  Therefore, time as prayed for is granted.
The matter is adjd for reply to N/M to 08.09.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: None present.
The matter is adjd for reply to N/M to 21.09.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2022

Date: 14-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: The Court is Vacant.
Hence. The Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-01-2023

Date: 02-01-2023
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: The court is vacant.Hence, Matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: The Court is vacant. Hence,matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: The court is vacant. Hence, matter is adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Court is vacant. Matter adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-04-2023

Date: 28-04-2023
Business: As court is vacant. Hence, matter is adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: As court is vacant. Hence, matter is adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Matter received from C.R.No. 14.
None present for parties.
O- it appears from the roznama that NM No. 2025/2022
was filed on 01.07.2022  by defendant nos. 1 to 6.  The
plaintiff was served with the copy of NM and since
22.07.2022 the Ld. Adv. for plaintiff has sought
adjournments on 3 different occasions for filing reply to  the
said NM.  Therefore, last chance is granted to the plaintiff to
file reply on or before next date to NM No. 2025/2022.
Matter is adj for NM reply by plaintiff to 10/08/2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: Adv. Vijay Chavan  for plaintiff is present and prayed for time to file reply on NM No. 2025/2022.
O- Heard the Ld. adv for plaintiff.  The ld. adv. for def. nos 1 to 6 had tendered registered NM No. 2025/2022 on 01.07.2022.  Thereafter, on 22.07.2022 ld. adv. for plaintiff sought time to file reply to the said NM.  Again on 12.08.2022 and 24.08.2022 he sought time to file reply to the said NM.  On 08.09.2022 None was present for the plaintiff and no reply was filed.  Thereafter, the Court Room No. 14 was vacant till 19.06.2023 and the matter was transferred to this Court.  On 20.07.2023 Ld. adv for the plaintiff for the 4th time in last one year sought time to file reply to NM No. 2025/2022.  He was granted last chance on the previous date.  Therefore, in this circumstances, it appears that the hearing on NM No. 2025/2022 did not proceed due to the fault of plaintiff.  Hence, the said NM shall be heard and decided without the say of plaintiff.  The ld. adv for def. nos. 1 to 6 shall take note of today’s order.
None present for defendant.
Matter is adj for hearing on NM to 25/08/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2023

Date: 25-08-2023
Business: None present for plaintiff.
Adv. Gajanan Shinde h/f  Aniket Vaghdare for def.nos. 1 and 6 is present and orally prayed for time for hearing on NM.
O- Time granted.
Matter is adj for NM hearing  to 15/09/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Adv. Vijay Chavan for plaintiff is present.
Adv. Aniket Waghmare for def.nos. 1 and 6  is present.
Heard both sides on NM No. 2025/2022.
By consent of both the parties, matter is adj for filing citations to 27/10/2023.
Next Purpose: FOR___________________
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: None present.
Matter is adj for  order on NM No. 2025/2022 to 03/11/2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: Adv. Vijay Chavan for plff present.
Keep back for order
Court busy in recording evidence and passing orders in other matters hence, matter adjourned for order on NM NO.2025 of 2022.
Adjd. to  20.11.2023 for Order on NM 2025 of 2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-11-2023

Date: 20-11-2023
Business: None present.
For The Reason Separately Recorded in NM No. 2025/2022
Operative Part of Order
1.	Notice of Motion No.2025 of 2022 is hereby allowed.
2.	The plaint in Commercial Suit No.342 of 2021 is hereby returned to the plaintiff and as per Section 8 of the Arbitration and Conciliation Act, 1996, the parties are hereby referred for arbitration in view of arbitration Clause in the Work Order dtd.02/06/2014 bearing reference No.W.O: BSIL/WARORA/2014-15/059 and (ii) Work Order dtd.02/06/2014 bearing reference No.W.O:BSIL/MINES/ 2014-15/016 entered between the plaintiff and the defendant No.1 and filed herewith as Exh.A and Exh.B.
Order below Exh 01
1.	Suit stands disposed off as the plaint is returned in view of order passed on NM No. 2025/2022.
Nature Of Disposal: PLAINT RETURN
Disposal Date: 20-11-2023

NOTICE OF MOTION/102025/2022

Registration Number: 100342/2021
Transfer Date: 15-11-2019
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100342/2021
Transfer Date: 28-05-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Registration Number: 100342/2021
Transfer Date: 20-07-2021
From Court: 32 - COURT 32 ADD. SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Registration Number: 100342/2021
Transfer Date: 17-07-2023
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Filing Number: 103410/2018
Filing Date: 01-03-2018
First Hearing Date: 01st July 2019
Decision Date: 20th November 2023
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE