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NOTICE OF MOTION

Checkmate Service Private limited - Suit St. No. 3813 of 2020VsLavasa Hotel Limited.

CNR MHCC01003473202032-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 17th November 2021

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101237/2020
Registration Date
25 Jun 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Petitioner

  1. 1Checkmate Service Private limited - Suit St. No. 3813 of 2020

Respondent

  1. 1Lavasa Hotel Limited.

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec 09

Case History / Proceedings

Case History
Date: 15-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: Adv.Vedanshi Shaha for plaintiff present..
None for defendant.
Advocate for plff. tender register Notice of Motion No.1237/2020 today in Court t.o.r.
Matter adjd to 17/12/2020  for reply on notice of motion.
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: Adv.Sahil Ansari for plaintiff present.
None for defendant.
Advocate for plaintiff tendered affidavit of service. t.o.r. it is marked at Exh-2.
Matter adjd to 08.01.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: Adv.Vedanshi Shaha for plaintiff present.
None present for defendant.
Suit not register, notice of motion adjourned.
Matter adjd to 21.01.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
None for defendant.
Adv. Vedanshi Shah for plaintiff present.
Issue suit summons to the defendant.
Matter adjd to 17-02-2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Adv.Ankita Jain for plaintiff present.
Adv.Kriti Kalyani i/b. Shardul Amarchand Mangaldas and Co. for defendant present.
Affidavit of service, Exh.3 filed by Adv. of plaintiff t.o.r. O-filed.
Matter adjd to 02.03.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Adv.Ankita Jain i/b. Adv. Bipin Joshi for plaintiff present.
None present for defendant.
KB
LO
Adv.Ankita Jain i/b. Adv. Bipin Joshi for plaintiff present.
Adv.Kriti Kalyani i/b. Shardul Amarchand Mangaldas and Co. present.
KB
LO
Adv.Ankita Jain i/b. Adv. Bipin Joshi for plaintiff present.
Adv.Kriti Kalyani i/b. Shardul Amarchand Mangaldas and Co. present.
Adjournment application, Exh.4 filed by Adv. Kriti Kalyani t.o.r.
O-Other side to say.
Say given by Adv. of plaintiff on the application itself.
Order-put up for order.
Matter adjd to 23.03.2021 for order on Exh.4.
Next Purpose: ORDER
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: Adv.Vedanshi Shah for plaintiff present.
Order below Exh.4-filed.
Adv.Kriti Kalyani i/b. Shardul Amarchand Mangaldas and Co. present and filed vakalatnama on behalf of proposed defendant No.2, Exh.5 t.o.r.
Adv. of proposed defendant No.2, Shailesh Varma filed draft chamber summons a/w. affidavit in support of draft chamber summons t.o.r.
O-Leave granted to register draft chamber summons. The plaintiff to seek to file say to the chamber summons.
Matter adjd to 07.04.2021 for say on chamber summons.
Next Purpose: REPLY
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: None present for plaintiff
None present for defendant.
Matter adjd to 03.05.2021 for say on Ch/s.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Business: Adv.Ankita Jain for plaintiff present.
None present for defendant.
Due to rise in Covid cases, matter adjd to 22.06.2021 for filing say on Ch/s. No.668/21.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 14.07.2021 for filing say.
Next Purpose: FILING SAY
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Business: PO is on Leave
Next Purpose: FILING SAY
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Business: Adv.Vedanshi Shah for plaintiff present. She filed affidavit in reply to chamber summons No.668/2021 a/w. copy of reply, t.o.r.
None present for defendant.
Matter adjd to 12.08.2021 for hearing of Chs.No.668/21.
Next Purpose: HEARING
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: Adv. P.V.Joshi for plaintiff present.
None present for defendant.
The defendant has not tendered registered original Ch/s No.668/2021.
The plaintiff to file service affidavit regarding service of notice of NM No.1237/2020.
Matter adjd to 21.08.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: PO is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Adv.P.B.Joshi h/f.Adv.Bipin Joshi for plaintiff present.
None present for defendant.
Adv.Ms.Bency Ramakrishnan i/b.Shardul Amarchand Mangaldas and Co. present for applicant Mr.Shailesh Verma in Chs.668/2021.
     The Adv. for applicant Shailesh Verma tendered registered chamber summons No.668/2021 a/w. affidavit in support to which reply is already filed by the plaintiff.
KB for argument on chamber summons.
LO at 12.56 pm
Same appearance.
Heard the applicant of Chamber Summons No.668/2021 and the plaintiff.
Matter adjd to 21.09.2021 for order on Chs.668/21.
Next Purpose: ORDER
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.13 pm
Adv.Sanjana Pandey i/b.Shardul Amarchand Mangaldas for applicant in chamber summons present.
KB for order on chamber summons No.668/2021.
LO at 04.24 pm
F.R.S.R. the following order is passed
ORDER ON CHAMBER SUMMONS NO.668/2021
1.Chamber Summons No.668/2021 is rejected.
2.Costs in cause.
3.Chamber Summons No.668/2021 is disposed off accordingly.
Matter adjd to 14.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.07 pm,
Adv.Sakshi Agarwal h/f.Adv.Bipin Joshi for plaintiff present.
KB
LO at 03.22 pm,
Adv.Sakshi Agarwal h/f.Adv.Bipin Joshi for plaintiff present.
      Plaintiff submits that writ of summons has been served on the defendants but the defendants has not appeared.
ORDER
Read the service affidavit, Exh.3 and bailiff report dated 02.02.2021. The suit summons have been duly served on the defendants. The defendants failed to appear, hence, suit to proceed ex-parte against defendants.
Matter adjd to 17.11.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: Adv.Prayag Joshi i/b.Adv.Bipin Joshi for plaintiff present.
None present for defendant.
The Ld. Adv.for the plaintiff made endorsement on Notice of Motion No.1237/2020 contending that the plaintiff do not want to proceed with this notice of motion and this notice of motion be disposed off, hence, following order is passed.
ORDER
Notice of Motion No.1237/2020 is dismissed as not pressed with liberty to file fresh notice of motion, if circumstances require.
          On perusal of operative part of the disposed off chamber summon NO.668/2021, it is noticed that in clause No.1 and clause No.3 of the operative part of the order, number of chamber summons is wrongly typed, hence, by detailed order passed. Same is corrected and clause No.1 and clause No.3 shall be read as follows -
Clause No.1 - Chamber Summons No.668/2021 is rejected.
Clause No.3 - Chamber Summons No.668/2021 is disposed off accordingly.
Nature Of Disposal: OTHER
Disposal Date: 17-11-2021

Additional Case Details

Additional Case Details
Filing Number: 103843/2020
Filing Date: 25-06-2020
First Hearing Date: 15th July 2020
Decision Date: 17th November 2021
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

Orders

1
Final Order 1
17 Nov 2021
Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 32 ADD. SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101237/2020
Checkmate Service Private limited - Suit St. No. 3813 of 2020 Vs Lavasa Hotel Limited.
Date : 17-11-2021
Business : Adv.Prayag Joshi i/b.Adv.Bipin Joshi for plaintiff present.
None present for defendant. The Ld. Adv.for the plaintiff
made endorsement on Notice of Motion No.1237/2020
contending that the plaintiff do not want to proceed with
this notice of motion and this notice of motion be disposed
off, hence, following order is passed. ORDER Notice of
Motion No.1237/2020 is dismissed as not pressed with
liberty to file fresh notice of motion, if circumstances
require. On perusal of operative part of the disposed off
chamber summon NO.668/2021, it is noticed that in clause
No.1 and clause No.3 of the operative part of the order,
number of chamber summons is wrongly typed, hence, by
detailed order passed. Same is corrected and clause No.1
and clause No.3 shall be read as follows - Clause No.1 -
Chamber Summons No.668/2021 is rejected. Clause No.3 -
Chamber Summons No.668/2021 is disposed off
accordingly.
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