Date: 02-04-2020
Business: Adjd to 13.04.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Business: Lockdown Court
Adv Mr.Bhadang for deft no1 present.
Adv. Priyanka Dubey for plff present.
Limited reply page no.1 to 125 submitted by deft no.1. copy supplied to plff.
Ld adv Mr.Bhadang for deft no.1 requested to peruse notice on page no.29 of reply dtd.23.03.2020, specifically para no.9 whereby in view of Sec.254 ( 2) of the Companies Act of Singapore, deft no.1 has the urgency. In view of the said notice, it is submitted that prayer clause (A) of NM become infructuous .
Ld. adv Dubey for plff submits that there is no urgency as recovery of loan is in question.
Deft no.1 bank intents to initiate appropriate proceeding before the Singapore Court, however in view of order of this Court dtd.2.04.20, deft bank cannot initiate any proceeding.
At the request of deft no.1 plff to supply copy of plaint alongwith all documents to deft no.1.
Considering submissions of both sides and urgency in the matter, it is placed for argument on 15.4.2020. Both sides to argue on 15.4.2020 at 12 noon.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Business: Lockdown Court
Adv Mr.Karan Bhosle for plff, submits that today only he received the brief and he could not prepare the matter due to paucity of time, prayed for adjmnt. R/o. 17.4.2020
Adv Mr.Bhadang for deft.no.1 Bank, submits that Bank has an urgency as he wants to file appropriate proceeding before the Singapore Court.Bank also intent to file appropriate proceeding of winding up. However, it is consented to fix the matter on 17.4.2020.
Matter adjd for NM hearing r/o. 17.04.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: Lockdown C.R.No.3 sitting in C.R.No.41
Both advs are present. Heard argument of adv Mr.Karan Bhosle on behalf of the plff. and Mr.N.B.Bhadang on behalf of deft no.1.
Both advs have requested to adjd the matter for filing notes of arguments. Oral args on notice of motion are over.
Request is granted.
Adjd to 20.04.2020 for filing notes of args. and documents, if any, parties want to produce.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: Lockdown Court Room No. 3 Holiday Court.
Ld. adv Priyanka Dubey for plff present.
None for deft.
Written Notes of arguments page nos. 1 to 123 submitted by plff. It is assured to supply the copy to deft no.1.
Ld. adv Priyanka Dueby for plff submitted that on 17.04.2020, then P.O. heard the arguments on NM No. 1224/20 and it was instructed to fix the matter on 2.5.2020, as per roster of sitting.
Hence, adjd for order r/o. 2.05.2020.
deft no.1 is at liberty to file written notes of arguments and documents, if any, ( by supplying one copy to plff) as per roznama dtd. 17.4.2020. Matter adjd to 2.5.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: Lockdown C.R.No.3 Sitting in C.R.No.7
Ld adv Mr. Vividh Tandon instructed by Tri Legal for the deft no.1/Bank present, submitted that he could not come to the court on 20.04.2020 due to traffic difficulty on account of lockdown.
Deft no.1/Bank has submitted the list of documents taken on record and marked as Exhibit-2.
Deft no.1/Bank has submitted the written notes of arguments on NM (page no. 1 to 69).
Ld. Adv Vividh Tandon undertakes to supply copies of the plff.
As directed by then P.O.on 17.04.2020, as mentioned by adv. Mr.Vividh Tandon that both sides arguments were heard before then P.O. It is posted for order on 2.5.2020.
Adjd for order on NM 1224/2020 r/w. 2.05.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2020
Date: 02-05-2020
Business: Lockdown Court No.3
Adv Ms.Priyanka Dubey for plff is present.
Adv.Mr.Vividh Tandon for deft no.1 is present.
Today this matter posted for order on NM bearing no. 1224/2020. But till this date not produced entire record of this matter before me. Today also the original plaint is not produced before me.
On 18.4.2020 I heard oral argument of advocates for both the parties on 20.04.2020, the adv for plff filed written notes of argument.
On 21.04.2020, the adv for deft no.1 filed written notes of args. Adv. Priyanka Dubey for plff is requested that the deft no.1 filed written notes of args which is filed after the notes of arguments of the plff. In the written notes of arguments of deft no.1 some points mentioned which are not argued. Therefore she requested short time be granted to her to file addl.written notes of argument. On the request of adv for plff short time is granted for filing addl written notes of arguments. It is directed to the advocate for plff to supply copy of addl. written notes to the advocate for deft no.1 well in advance.
The adv for deft no.1 be at liberty to file addl. written notes of args. if it is required.
Adjd for filing addl written notes of args. of the plff.
Matter is adjd to 7.5.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-05-2020
Date: 07-05-2020
Business: Lockdown court Room No. 3 (Holiday Court)
Adv Priyanka Dubey for Plff present.
Adv. Tandon for deft no.1 Bank present.
It is submitted by both the side that matter was at length heard by then P.O.(Shri Kokare Saheb) and NM No. 1224/2020 was posted for order. It is informed by the Sheristedar Mr. Deoolkar that on last date i.e. 2.05.2020 compete file has been taken by P.O. to his home.
Joint pursis filed by both sides to fix the matter for order on 15.05.2020 as per schedule of duty list , then P.O. (Shri Kokare Saheb) will be on duty on 15.05.2020. Hence, adjdmnt is granted as prayed r/o. 15.5.2020.
Matter adjd for order on NM No.1224/2020 to 15.05.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-05-2020
Date: 15-05-2020
Business: Lockdown Court Room No. 3
Adv. Priyanka Dubey for plff present.
Adv.Tandon for deft no.1/Bank present.
Adv. for plff and deft no.1 filed their addl. written notes of arguments on NM No. 1224/2020. Adv for plff filed draft chamber summons . Leave is granted to register chamber summons.
Matter adjd for filing reply on ch/s. to 22.05.2020
Next Purpose: REPLY
Next Hearing Date: 22-05-2020
Date: 22-05-2020
Business: CORAM HHJ.SHRI R.V. KOKARE, LOCKDOWN C.R. NO.03
Adv Karan Bhosle aw. Adv. Priyanka Dubey for plaintiff present.
Adv.Bhadang for defendant no.1 present.
Draft NM is tendered by defendant no.1. Copy of NM is served to the plaintiff. Leave is granted to register the NM.
Today, this matter is fixed for filing reply and argument on chamber summons taken out by the plaintiff.
Adv for deft no.1 requested that there is no urgency to decide chamber summons taken out by the plff., therefore short time granted for filing reply and submitted that argument of both the parties are completed on notice of motion. Therefore order be passed on notice of motion taken out by the plaintiff. Request of defendant no.1 for filing reply on ch/sum. is granted.
Adv for the plff has submitted that after completion of the arguments on notice of motion, the plff taken out the chamber summons for making amendment in the plaint as well as in notice of motion for taking subsequent changes happen after filing the suit. Therefore, the chamber summons be decided before notice of motion taken out by the plaintiff.
Arguments of both the advocates are already completed. They have also filed their written notes of arguments and addl. written notes of arguments also. The ad-interim order is passed on 2nd April 2020. Therefore, it requires to decide notice of motion taken out by the plaintiff and thereafter, chamber summons taken out by the plff as well as notice of motion taken out by the defendant no.1 today ie. on 22.05.2020, will be decided after Lock down period.
Adjd for filing reply by the defendant no.1 on chamber summons taken out by the plff and for filing reply of the plff on NM taken out by the deft no.1 and order on notice of motion taken out by the plaintiff to 27.05.2020.
Next Purpose: REPLY
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Business: Adv. Priyanka Dubey for plaintiff present.
Adv. Vividh Tandon i/b. Trilegal for defendant no.1 present.
Regd NM No. 1226/2020 tendered by defendant no.1 and requested for filing reply on chamber summons. Request is allowed.
Advocate for plaintiff requested short adjournment for filing reply on notice of motion taken out by the deft no.1. Request is allowed. Adjd for passing order on NM taken out by the plff and for filing reply by the deft no.1 on chamber summons taken out by the plaintiff and for filing reply of the plff on notice of motion taken out by the deft no.1.
Earlier order, if any, to continue till next day.
Matter adjd. to 06.06.2020.
Next Purpose: NM ORDERS
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Business: Adv. Priyanka Dubey for plaintiff is present.
Adv. Vividh Tandon i/b. Trilegal for defendant no.1 is present.
Advocate for defendant no. 1 requested short adjournment for filing reply on chamber summons. Request is allowed.
Advocate for plaintiff requested short adjournment for filing reply on N/M taken out by the defendant. Request is allowed.
Earlier order, if any, to continue till next day.
Matter adjd. for order on N/M No. 1224/20 and filing reply to 08.06.2020.
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Business: Adv. Megha Gupta for plaintiff present.
Adv. Vividh Tandon i/b. Trilegal for defendant no.1 present.
Advocate for defendant no. 1 requested short adjournment for filing reply on chamber summons filed by the plaintiff. Request is allowed.
Advocate for plaintiff requested that short adjournment for filing reply on NM filed by the defendant no. 1. Request is allowed.
F.R.S.R. the following order is passed on NM No. 1224/2020
ORDER
1. The Notice of Motion No. 1224/2020 is hereby allowed as per prayer clause (B).
2. The Defendant No.1- ICICI Bank is hereby temporarily restrained from taking coercive action against the plaintiff on the basis of the corporate Guarantee dated 9/10/2015 through its agents, servants, officers, or any person claiming through the defendant No. 1 Bank till final disposal of this suit.
3. Defendant No. 1- Bank may submit written statement in details to expedite the hearing.
4. Costs in cause.
5. Notice of Motion No. 1224/2020 is hereby disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 08-06-2020