Date: 20-03-2020
Business: By precipe
Advocate Priyanka Dubey for plaintiff is present and filed draft NM.
On oral request of plaintiffs advocate matter adjourned to 27.03.2020 for service and NM reply.
Judge
Next Purpose: SERVICE
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Business: National lockdown due to Covid 19
Next Purpose: SERVICE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National Lockdown due to Covid 19.
Next Purpose: SERVICE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: SERVICE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Business: By precipe.
Advocate Priyanka Dubey a/w. Adv. Karan Bhosle for Plff present.
Advocate for defendant is absent.
Service on the defts by email.
On perusal of the record, it appears that the original stage of this matter is tendering regd NM and reply.
Adv Shri Karan Bhosle for the plff submitted that the plff filed NM No. 1220/2020 for stay. But due to considering lockdown and epidemic COVID 19, the plaintiffs have apprehension that the defendant will proceed and declare them as willful defaulter. Therefore, atleast status quo may be passed in favour of the plff.
Order.
Considering record, arguments advanced by the Ld. Counsel Mr. Karan Bhosle on behalf of plff and precipe, it appears that considering lock down and epidemic of COVID 19, it is just and proper to pass an order to maintain status quo of both the parties. Hence, both the parties are directed to maintain status quo till the decision of NM No.1220/2020.
It is hereby directed to the plff and its adv to comply Order 39 Rule 3 of C.P.C. .
Adjd to NM order to 19.06.2020. for compliance and filing reply and written statement.
Sheristeder is directed to issue authenticated copy.
Next Purpose: REPLY
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Business: Adv Sanjay Thakur for Plff is present.
Adv Anamika for deft is present and she filed vakalatnama on behalf of deft. and marked as Exh.5.
Reply to NM No. 1220/2020 filed by deft. and its copy served on deft.
Written statement filed by deft. and marked as Exh.6.
Draft NM tendered by deft. Leave is granted for registration. Its copy served on the plaintiff.
Draft NM filed by deft. Leave is granted for registration. Its copy served on the plaintiff.
Adjmnt appln filed by the plff containing mother of advocate of the plff is found positive of corona and marked as Exh. 7.
The advocate for deft has strongly opposed for granting adjmnt.
Considering reason mentioned in the application that the mother of plffs advocate is found positive Corona. Therefore, adjmnt appln is granted.
Earlier order, if any, is continued till next date.
Matter is adjd for args on NM to 07/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2020
Date: 17-08-2020
Business: Adv Vivek Singh for plff and Adv Ms. Prapti Kediya for deft are present and requested for extension of time for registration of NM. Request is allowed.
Matter is adjd for compliance to 05/09/2020
Next Purpose: COMPLIANCE
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Adv Nimay Dave a/w. Adv. Megha S. Gupta for plff. present.
Adv Ms.Anamika i/b. Induslaw for deft present.
Registered NM No. 1305/2020 and NM.No. 1306/20 tendered by the deft.
Adv for plff filed reply on NM taken out by the deft. Its copy served on the deft.
Adv for plff filed rejoinder to his NM.
Earlier order, if any, is continued till next date.
Matter adjd for hearing on NM to 14/09/2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2020
Date: 12-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
By precipe.
Adv Nimay Dave a/w. Adv. Megha Gupta for plff. present and filed NM No.1220/20 .
Adv Ms.Anamika i/b. Induslaw for deft present.
Heard arguments of both sides on notice of motion.
Earlier order, if any, is continued till next date.
Both advs for both the parties are requested time granted to them for giving notes of arguments. Request is allowed.
Matter adjd for filing notes of arguments on 16/09/2020.
Judge
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Plff and adv are absent.
Adv.Ms. Prapti Kediya for deft present and requested short adjmnt. for filing written notes of arguments. Allowed subject to last chance.
Earlier order, if any, is continued till next date.
Adjd for filing written notes of arguments to 19/09/2020
Next Purpose: NM ARGUMENTS
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Business: Adv Vivek Singh for plff present and filed written notes of arguments. Its copy served on deft.
Adv Ms. Anamika for deft. present and filed written notes of arguments.
Earlier order, if any, is continued till next date.
Matter adjd for order on NM No. 1220/2020 to 29/09/2020.
Next Purpose: ORDER
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Advocate Vivek Singh for plaintiff is present.
Advocate Ms. Prapti for defendant is present.
F.R.S.R the following order is passed on N/M No. 1220/2020
ORDER
1. The Notice of Motion No. 1220/2020 is allowed.
2. The defendant personally or through its agents, servants or representatives, officers and/or any person or authorities claiming through them are hereby temporarily restrained from taking any coercive action upon notice dated 12.12.2019 issued by the defendant bank and from branding the plaintiffs as willful defaulters and taking any coercive action including publication of names of plaintiffs as willful defaulter till final disposal of the suit.
3. It is needless to say that defendant is at liberty to proceed against the plaintiffs regarding recovery proceedings, attachment, sale of attachment property to recover the defaulted loan.
4. Cost in cause.
5. Notice of Motion No. 1220/20 is disposed off accordingly.
Adjourned for filing reply on NM No. 1305/20 and 1306/20 to 20.10.2020.
Next Purpose: REPLY
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Business: Adv. Vivek Singh for plaintiff present.
Adv. Prapti Kedia for defendant present.
Adjd. for NM hearing to 06.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: Advocate Priyanka Dubey for plaintiff present.
Advocate Anamika for Defendant present.
Court is busy in other matters.
Adjourned for NM hearing on 03.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: None present for plaintiff.
Advocate Ms.Anamika for defendant is present and requested short adjournment. Request is allowed.
Adjourned for NM hearing to 11.01.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv. Megha Gupta along with Priyanka Dubey for plaintiff present.
Adv. Anamika for defendant is present.
At the request of both side adjournment is granted.
Matter is adjd.to 02-02-2021(1.00 pm)for argument
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv. Megha Gupta for plaintiff is present.
Adv. Anamika for defendant present.
Heard both sides NM No. 1306/20 is filed to vacate order on N/M 1220/20 dtd. 27-05-2020 i.e. status quo order. However, NM No. 1220/20 is decided on merit by ld. Predecessor on 29-09-2020. Therefore, no question of vacating status quo would arise. Hence, NM No. - 1306/20 become infructuous. Hence, NM No. 1306/20 stands disposed off.
In 2nd session -
Heard argument of Adv. Anamika Singh for defendant on NM no. 1306/20.
Adv. Ambrin Malik for plaintiff prayed for adjournment as Adv. Gupta is not feeling well.
Matter is adjd.to 05-02-2021 for Arguments.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Amrin Malik for plaintiff, submits that arguing counsel Megha Gupa (AOR) Suffering from food poisoning, prayed for adjournment.
Adv Anamika for defendant is present.
Matter is adjd.to 15-02-2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv Mr. Mayang a/w Ms. Megha Gupta for plff. present.
Adv. Ms. Prapti Kedia a/w Adv. Ms. Anamika for defendant, prayed for adjd to submit rejoinder argument.
Heard argument of adv. Ms. Gupta for plff.
Matter is adjd.to 16.02.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv. Ms. Aamrin Mallik a/w Adv. Ms. Megha Gupta for plaintiff present.
Adv. Ms. Anamika for defendant present.
Heard rejoinder argument of Adv. Ms. Anamika for deft. Both side learned advs. requested for adjourn to file written notes of argument.
Matter is adjd.to 26.02.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. Ms. Megha Gupta for plaintiff present.
Adv. Ms. Meiyl for defendant present.
Exh.8- Written notes of argument submitted by plff.
Exh.9- Written notes of argument submitted by deft.
(Copies are served to opposite side).
Matter is adjd.to 12.03.2021 on NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Ms. Amrin Malik a/w Megha Gupta for plff. present.
Adv. Ms. Meryl Quadeos h/f Ms. Anamika Singh for deft., present.
Court time is over.
Matter is adjd.to 17.03.2021 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv. Ms.Megha Gupta for plaintiff present.
Adv. Ms. Anamika for defendant present.
F.R.S.R the following order is passed on NM no. 1305/20.
ORDER
1. Notice of Motion No. 1305/20 stands dismissed.
2. Parties to complete the pleading and submit draft issues to expedite hearing.
3.Notice of Motion no.1305/20 is disposed off accordingly.
Matter is adjd.to 20.04.2021 for draft issues and case management hearing.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: Adv. Amrin Malik for plaintiff present.
None for defendant
Matter is adjd.to 17-08-2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv. Amrin Malik for plaintiff present.
Adv. Meryl for defendant present.
Matter is adjd.to 09-09-2021 for case management hrg.
Next Purpose: HEARING
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: None for the plaintiff.
Adv. Ms. Meryl Quadros i/b Indus Law for the defendant.
Heard Advocate Ms. Meryl Quadros i/b Indus Law for the defendant on the point of Case Management Hearing.
Schedule of Trial Determined after Case Management Hearing - Exh.11
L.O. at 12.05pm
Adv.Mayank Tripathi for the plaintiff present.
Matter is adjd.to 28.09.2021 for filing list of witness.
Next Purpose: FOR___________________
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: None for plaintiff.
Adv. Prapti Kedia h/f Indus Law for defendant no. 1 present.
Matter is adjd.to 30-09-2021 for filing list of witness
Next Purpose: FOR___________________
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv. Mayank Tripathi for plaintiff present.
Adv. Anamika for defendant present.
Adv. for plaintiff filed list of witness t.o.r. and marked as Exh. 12
Adv. for defendant filed list of witness t.o.r. and marked as Exh. 13
Matter is adjd.to 14-10-2021 for filing evidence affidavit
by plaintiff.
Next Purpose: FOR___________________
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv. Priyanka Chumbhalefor plaintiff present and prayed for adjournment to file evidence affidavit -Considering Exh. 11, short date be given.
None for defendant
Matter is adjd.to 23-10-2021 for evidence affidavit.
LO
Adv. Prapti Kedia for defendant present.
Next Purpose: FOR___________________
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: Adv. Dhurva Gandhi and Adv. Mayank Tripathi for plaintiff alongwith PW -1 Kunal Jiwarajka present and filed his evidence affidavit t.o.r. and marked as Exh.14
Adv. Anamika Singh for defendant present.
Matter is adjd.to 12-11-2021 for cross examination of PW
– 1 Kunal Jiwarajka on Exh. 14.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Adv. Dhruva Gandhi i/b Priyanka Dubey for plaintiff present.
Adv. Aayu Saxena i/b Indus Law for defendant present.
Kb LO
Adv. Anamika Singh for defendant present and submitted that as there is difficult in appearance of the advocate who is going to conduct cross examination and therefore, short date may be given in the matter.
On the contrary, Adv. Dhruva Gandhi submitted that further examination in chief may be recorded today and documents may be exhibited and matter may be deferred cross examination.
On perusal of record, it appears that the defendant filed written statement Exh. 6 along with copies of the documents, but statement of truth as per Order 6 Rule 15-A of the C.P.C. is not annexed with it. Statement of truth is also not annexed with the plaint. Similarly, both sides have not filed statement of admission/denial of documents in consonants with Order 11 Rule 4 (1) & (5) of the C.P.C.. As these aspects are materially affecting to both sides, they are directed to file statement of truth in support of their respective pleadings as well as statement of admission/denial of documents regarding the documents of each other on the next date of hearing. Case management hearing can be conducted again as per Order XV-A Rule 5 of the C.P.C..
Matter is adjd.to 02-12-2021 for filing statements of truth
and statement of admission/denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Adv. Mayank Tripathi for plaintiff present and filed statement of admission/denial of documents t.o.r. and marked as Exh. 15
Adv. Ayush Saxsena for defendant present and received copy of Exh. 15.
Kb LO 3.00 pm
Adv. Ayush Saxsena for defendant filed statement of truth in
support of written statement Exh.6 t.o.r. and marked as
Exh.16
He also filed statement of admission/denial of documents of
defendant t.o.r. and marked as Exh.17
Copies of of Exh. 16 & 17 are provided to the Adv. Mayank
Tripathi for plaintiff .
Matter is adjd.to 20-12-2021 for R/E cross examination.
(12.00 noon)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Mayank Tripathi for plaintiff present.
Adv. Aayu Saxena for defendant present and submitted that Adv. Aaditya Mehta has symptoms of Covid-19 and he prayed for adjournment.
Matter is adjd.to 20-01-2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2022
Date: 20-01-2022
Business: Adv. Mayak Tripathi for plaintiff present.
None for defendant.
Matter is adjd.to 02-02-2022 for R/E (Cross examination)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: Adv. Dimple Ashar for plaintiff present.
Adv. Anamika for defendant present.
Matter is adjd.to 25-02-2022 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Adv. Mayank Tripathi for plaintiff present and submitted that mother of the witness is suffering with lungs cancer and she is admitted in ICU. He submitted that the witness is not able to attend the Court today and prayed for adjournment.
Adv. Guadrcs for defendant present.
Considering submission of Adv. Mayank Tripathi, adjournment is granted.
Matter is adjd.to 11-03-2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv. Amrin Malik for plaintiff present and filed adjournment application t.o.r. and marked as Exh.18 - Considering the grounds mentioned in the application and xerox copies of the medical papers of witnesss mother, adjournment is granted.
Adv. Aditya Mehta a/w Adv. Ms. Anamika Singh for defendant present.
Matter is adjd.to 04-04-2022 for R/E (plaintiff)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Adv. Dhruv Gandhi a/w Adv. Mayank Tripathi for plaintiff present
Adv. Aditya Mehta a/w Adv. Prapti Kedia for defendant present
Heard both sides on the point of exhibition of documents.
Matter is adjd.to 28-04-2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-04-2022
Date: 04-04-2022
Business: Adv. Dhruva Gandhi a/w Adv. Mayank Tripathi for plaintiff present
Adv. Aditya Mehta a/w Adv. Prapti Kedia for defendant present
Heard both sides on the point of exhibition of documents.
On perusal of statement of admission and denial filed by the defendant (Exh. 17), it appears that the defendant as admitted all documents except list of debtors of the JSKML and contract between JSK and amazon dtd. 20-07-2017. The 1st objected document is a list and it can be exhibited. So far as the 2nd document is concerned, the plaintiff has not annexed its copy with the plaint as well as with the evidence affidavit. In absence of the document, question of exhibition does non arise. Hence, the documents annexed with the plaint are exhibited as under,
Exh. 19 - Corporation identity number of JSK
Exh. 20 - Certificate of incorporation
Exh. 21 - memorandum of association.
Exh. 22 - Article of association.
Exh. 23 - facility letter dtd. 23-05-2007.
Exh. 24 - letter dtd. 28-12-2018 issued by JSKML to the defendant.
Exh. 25 - letter dtd. 08-01-2019 issued by defendant to JSKML .
Exh. 26 - letter dtd. 14-02-2019 issued by defendant to the JSKML .
Exh. 27 - Order of NCLT, Mumbai in CP No. (IB)- 1545/MB/2019 dtd. 23-09-2019.
Exh. 28- List of the plaintiffs debtors.
Exh. 29 - Letter/notice dtd. 18-06-2019 written by the defendant to JSKML.
Exh. 30 - Notice dtd. 13-09-2019 issued by the defendant under the SARFAESRI Act.
Exh. 31 - Show cause notice dtd. 12-12-2019 issued by the defendant.
Exh. 32 - letter dtd. 07-01-2020 written by the plaintiff in reply to Exh. 31.
Exh. 33 - Notice dtd. 30-01-2020 issued by the defendant.
Exh. 34 - RBI master circular dtd. 01-07-2015.
Matter is adjd.to 28-04-2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: Adv. Dhruva Gandhi a/w Adv. Mayank Tripathi for plaintiff along with witness PW - 1 Kunal Krishnakumar Jiwarajka present
Adv. Aditya Mehta for defendant present
Chief-Examination by Advocate Dhruva Gandhi for plaintiff commenced and completed after administering oath to the witness PW - 1 Kunal Krishnakumar Jiwarajka on evidence affidavit Exh. 14.
Letter of Yes Bank dtd. 23-01-2019 with the plaint at page no. 85 - Exh. 35
Cross Examination of PW - 1 Kunal Krishnakumar Jiwarajka (Exh. 14) by Advocate Aditya Mehta for Defendant commenced.
On request of Advocate Aditya Mehta for deft, cross examination is deferred till next date.
Matter is adjd.to 18-06-2022 for R/E P.H. (cross
examination of PW - 1 at Exh. 14)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: Adv. Dhruv Gandhi for plaintiff present.
Adv. Aditya Mehta a/w Ms. Anamika Singh a/w Ms. Nidhi Chauhan i/b Indus Law for defendant present.
Further cross-examination of plaintiff recorded on behalf of defendant below Exh.14.
Following documents were marked as Exhibit during cross-examination of plaintiff.
Exh.36 - Exh.E Memorandum of entry dated 29-06-2017.
Exh.37 - Exh.F. Declaration dated 29-06-2017.
Exh 38- Secutarization application.
Exh.39 - List of document filed by defendant. - Filed.
Article 1 – Letter dated 20.07.2018.
Exh.40 – Copy of the Indenture of Mortgage dated 26 December, 2018.
Exh41 – Copy of email dated 25 February, 2020.
Adjourned to 16-07-2022 for further cross-examination on oral request of defendant.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-07-2022
Date: 16-07-2022
Business: Court on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: Adv. Aditya Mehta and adv. Nidhi Chauhan for defendant present.
Adv. Aamrin Malik for plaintiff present. Plaintiff absent.
Exh-41 Application for adjournment filed by adv. for plaintiff. O- Other side to say.
Adv. for defendant tendered handwritten written reply on application Exh.41 itself.
Order passed below Exh. 41
Heard both side. Plaintiff is absent. It is submitted by adv. for plaintiff than on next date the plaintiff will proceed with matter. Considering submission adjournment granted with direction to plaintiff to proceed with matter on next date.
Plaintiff is directed to keep witness present on next date.
Adjd for evidence part heard to 18/08/2022 at 3 pm
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Nidhi Chauhan along with adv. Prapti kedia for defendant present.
Adv. Mayank Tripathi for plaintiff present.
Plaintiffs witness absent.
Adv. for plaintiff seeks time as witness is unwell.
Exh- 42 Application for adjournment filed by adv. for plaintiff. O- other side to say.
Adv. for defendant filed handwritten reply on application Exh.42 itself.
Order passed below Exh.42
Heard both sides. Plaintiff sought adjournment on ground that he is tested covid positive. Considering documents filed on behalf of plaintiff. In my view adjournment needs to be granted with direction to plaintiff to proceed with matter.
Adjd for recording evidence part heard to 30/08/2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv. Dhruva Gandhi and adv. Mayank Tripathi for plaintiff present.
Adv. Aditya Mehta and adv. Nidhi Chauhan for defendant present.
Witness of plaintiff present.
Further cross-examination on solemn affirmation of PW-1 commenced and concluded.
Exh-43 Evidence closing pursis filed by plaintiff. O-R and R.
Adjd for evidence of defendant to 30/09/2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: None present for plaintiff.
Adv. Nidhi Chauhan for defendant present.
KB..
Later on at 11.36 am.
Adv. Dimple for plaintiff present.
The defendant sought time for leading evidence.
Defendant have no objection. Hence adjournment granted.
Matter adjd for recording evidence on 18/11/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv. Mayank Tripathi for plaintiff present.
Adv. Aditya Mehta along with adv. Nidhi Chauhan for defendant present.
Exh- 44 Application filed by defendant for leading secondary evidence. O- Plaintiff to say. Copy be served to other side.
Exh- 45 Affidavit of evidence of Ashish Halder filed. O- Read and recorded in evidence.
Exh- 46 compilation of document. O- Filed.
Adjd for say on Exh.44 to 30/11/2022
Next Purpose: REPLY
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Adv. Mayank Tripathi for plaintiff present.
Adv. Nidhi Chauhan for defendant present.
Exh.47 reply filed on behalf of plaintiff to the application of defendant at Exh.44
copy served to other side.
Adjd to 02.12.2022 for argument on Exh.44.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Adv. Dhruva Gandhi along with adv. Dimple Ashar for plaintiff present.
Adv. Aditya Mehta for defendant present.
Adjd. for arguments to 20/12/2022
Next Purpose: ARGUMENTS
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: Adv. Dimple Ashar for plaintiff present.
Adv. Nidhi Chauhan for defendant present and seeks time to argue. Granted.
Adjd for arguments to 12/01/2023
Next Purpose: ARGUMENTS
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Adv. Mayank Tripathi h/f Adv. Priyanka Dubey for plaintiff is present.
Adv. Nidi Chauhan for defendant is present and sought adjournment for argument. O- Granted.
Case is adjourned for argument to 21-02-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: Adv. Sraddha Sakpal i/b Adv. Priyanka Dubey for plaintiff is present.
Adv. Nidhi Chavan for defendant is present and sought time for argument. Granted.
Case is adjourned for argument to 20-03-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-03-2023
Date: 20-03-2023
Business: None Vrunda Sharma h/f Priyanka Dubey for plaintiff.
Adv. Ms. Anamika Singh a/w Adv. Nidhi Chauhan i/b Indus Law for defendant present.
The Ld advocate for the defendant submitted that the Bank has withdrawn the notice.
The Ld advocate for the plaintiff submitted that she will sought the information from concern bank and thereafter she will make the statement.
Hence with consent of both sides case is adjourned.
Case is adjourned to 31.03.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: Adv. Mayank Tripathi for plaintiff present.
Adv. Nidhi Chauhan for defendant present.
Case is adjourned to 17.04.2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: Adv. Vrinda i/b Priyanka Dubey for plaintiff is present.
Adv Ms. Anamika Singh a/w Ms. Nidhi Chauhan i/b Indus Law for defendant is present.
Ld adv for defendant submitted that the bank has withdrawn the notice. Ld adv for plaintiff submitted that at let the bank submit the letter and thereafter plaintiff make submission.
Case is adjourned for argument to 06-06-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: Mr. Kunal Jiwarajka Vs Yes Bank Ltd
Adv. Shardha Sakpal present for plaintiff.
She submitted that compromise talks are going on.
Defendant side absent.
Matter adjourned to 28.07.2023 for settlement.
Later on at 15:11 Hrs
Adv. Dhruva Gandhi present for plaintiff Kunal.
Adv. Niddhi Chavan present for defendant Yes Bank. She submitted that they are likely to file the application stating that they are withdrawing the Notice of default. There after the Suit will become infructuous.
Parties is take to appropriate steps.
Matter adjourned to 28.07.2023 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: Mr. Kunal Jiwarajka Vs Yes Bank Ltd
Intern Sayali Dabhade present for plaintiff.
Adv.Girishma Dalvi and Adv. Nidhi Chavan present for defendant.
Both submitted that, settlement talks are going on.
Matter adjourned to 19.08.2023 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: Mr. Kunal Jiwarajka Vs Yes Bank Ltd
Adv. Vrinda Sharma present for plaintiff.
Adv. Girishma Dalvi present for defendant.
Exh.48 – Affidavit filed by defendant Yes Bank stating that, the suit has become infructuous.
Exh.49 – Application filed by plaintiff for withdrawal of suit.
Plaintiff submitted for full refund of court fees. Matter referred to Lok-Adalat.
Matter adjourned to 09.09.2023 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-09-2023
Date: 09-09-2023
Business: Adv. Ms Vrinda Sharma present with plaintiff Kunal Jiwarjka
Adv. Ms Grishma Dalvi instructed by Indus Law present for defendant.
ORDER
In view of Exh. 49, the present matter is disposed off as withdrawn in Lok Adalat.
Court fees if any be refunded as per rules.
Exh. 50 : Award.
Nature Of Disposal: WITHDRAWL
Disposal Date: 09-09-2023