Date: 03-07-2019
Business: Adv. Sunita Bafna for plaintiff present.
None present for defendant.
Issue writ of summons against defendant for settlement of issues and filing WS on payment of process fee within prescribed period of 30 days from the date of receipt of summons.
Adjd. to 01.08.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 01-08-2019
Date: 01-08-2019
Business: Adv. Sandeep Kothari for Plaintiff present.
Deft and Adv absent.
Adv for Plaintiff filed affidavit of service t.o.r.
K.B.
L.O.
Representative of defendant Mr. Minesh, General Manager (Finance) is present.
He filed copy of extract of Minutes of meeting of Board of Directors of the Company dtd.30.07.2019 showing that he is authorised to defend suit by the Board of Directors of the defendant Company. It is t.o.r.
Adj for written statement to 13.08.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-08-2019
Date: 13-08-2019
Business: Plff and Adv absent.
Adv. Ms.Jinal Rathi appeared for defendant and filed undertaking to file V/n t.o.r.
Adj for directions to 28.08.2019.
Next Purpose: DIRECTIONS
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: Adv. Sandip Kothari For Plaintiff present.
Adv. Jinal Rathi h/f Adv. Rahul Karnik appear For Defendant and filed VP. TOR. Marked at Exh. 2.
Written statement not filed by the Defendant within prescribed period of 30 days from the date of writ of summons upon them
therefore suit it proceed without written statement.
The defendants are at liberty to take inspection of documents relied upon by the plaintiff.
Matter adjd to 25/09/2019 for Inspection of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: Adv. Sandip Kothari for Plaintiff present
Adv. Rathi for defendant present.
Defendant tendered draft NM.
O- Leave granted to register it. Copy be served to Plaintiff.
Adv. for defendant made statement that copy of draft NM will be supplied to the adv.of plaintiff today itself. Therefore,
Adjd. for Reply to draft NM to 1.10.2019
Next Purpose: REPLY
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Adv. Sandeep Kothari for Plaintiff present.
Adv. Jinal Rathi for defendant present and tendered original Notice of motion No.3624 of 2019 t.o.r.
KB
LO
Adv. Sandeep Kothari for plaintiff present.
Adv. Anand for defendant present.
Plaintiff filed reply to notice of motion.
Heard respective counsel for parties.
ORDER PASSED BELOW NOTICE OF MOTION NO.3624 OF 2019
Perused notice of motion, affidavit in support of it and reply of plaintiff. Heard respective counsel for parties.
Notice of motion is taken out by the defendants to condone delay caused in filing written statement and tendered written statement on record.
It is contended by defendants that writ of summons has been served upon them on 17.07.2019 but they could not file written statement within period of 30 days from date of service of writ of summons. They assigned reason that due to flood light situation in Gujarat it was extremely difficult to travel to Mumbai and get in touch with advocate and to take necessary steps to file written statement. It is further contended that after improvement of situation authorized representative of defendants had meeting with an advocate at Mumbai. On above count defendants have prayed to allow notice of motion. Accordingly, urged in above terms.
Plaintiff opposed notice of motion on the count that there is inordinate delay in filing of written statement and no sufficient reason assigned to condone delay.
Provisions of Order VIII of CPC has been amended in relation to Commercial Suit instituted before Commercial court and as per proviso to Rule 1 of Order VIII of CPC where the defendant fails to file the written statement within the said period of 30 days, he shall be allowed to file the written statement on such other date, as may be specified by the Court, for reasons to be recorded in writing and on payment of such costs the court deems fit, but, which shall not be later than 120 days from the date of service of summons and on expiry of 120 days from the date of service of summons, the defendant shall forfeit the right to file written statement and the court shall not allow the written statement to be taken on record. Thus, it is clear that court has discretion to take written statement on record for sufficient reason even beyond period of 30 days from date of service of summons upon the defendant but before expiry of period of 120 days from the date of service of summons.
In present suit main reason assigned by the defendant is about the flood situation in the months of July and August, 2019 in the state of Gujarat due to heavy rains where the company is situated. No doubt, representative of company appeared in the matter on 1st August, 2019 in the Court but defendants have not engaged advocate. Even on next date one Ms. Jinal Rathi, advocate appeared for defendants but she has not filed vakalatnama on their behalf and undertakes to file vakalatnama on next date. On 28.08.2019, vakalatnama was filed on behalf of defendant No.2. Possibility cannot be ruled out that due to flood situation defendants could not engage advocate at the earliest and give instruction for drafting written statement. While condoning delay the pragmatic approach is required to be taken. It is not accepted that delay of each date is required to be explained. Further, delay caused is not inordinate and it cannot be said that it is deliberate to delay the proceeding. Present notice of motion is made within period of 120 days of service of writ of summons upon the defendant. Therefore, considering above facts and in the interest of justice and fair trial I am inclined to allow notice of motion. However, keeping in view above provision it is necessary to impose certain costs upon the defendants. Hence, pass following order
ORDER
1. Notice of Motion No.3624 of 2019 is allowed and made absolute in terms of prayer clauses (a) and (b) subject to payment of costs of Rs.2000/- (Rupees Two Thousand only) to plaintiff within period of one week from the date of this order.
Defendants are at liberty to deposit costs payable to plaintiff in Court.
2. After payment of costs defendants should file written statement on record.
3. Accordingly, notice of motion is disposed off.
Adjd for compliance to 09.10.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Adv.Sandeep Kothari for Plaintiff present.
Adv.Jinal Rathi for defendant present.
Adv. For defendant submitted that cost is already paid to plaintiff.
Adv. For plaintiffs does not dispute said fact.
Ex3 W/s filed by defendants. t.o.r
Copy is given to other side.
Matter is adjd. to 6.11.2019 for inspection of documents.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-11-2019
Date: 06-11-2019
Business: Adv. Sandeep Kothari for plaintiff present.
Adv. Jeenal Rathi for defendant present.
Both the counsel sought extension of time for the purpose of inspection of documents.
Time is extended.
Adjourned for inspection of documents to 4.12.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Adv. Sandeep Kothari for plaintiff present.
Adv. Rahul Karnik for defendant present.
Plaintiff tendered draft NM t.o.r.
O- Leave granted to register it.
Copy be served upon other side.
Adjourned for NM reply to 3.01.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: Adv. Sandeep Kothari
Adv. Rahul Karnik for defendant present.
Plaintiff tendered register NM 4781/19 t.o.r.
Defendant filed reply to Notice of motion. t.o.r.
Copy served upon plaintiff.
Adjourned to 13.01.2020 for NM hearing to 11.00 am.
Next Purpose: HEARING
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: As Po is on Leave.
Next Purpose: HEARING
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Adv. Sandeep Kothari for plaintiff present.
None present for defendant.
KB
LO
Adv. Sandeep Kothari for plaintiff present.
Adv. Rahul Karnik for defendant present.
Heard counsel for parties on NM
Matter is adjourned and posted for NM order to 27.01.2020
Next Purpose: NM ORDERS
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Yash Agrawal for defendant present.
KB
LO
FRSR, Following order is passed below Notice of Motion No.4781/19
ORDER
1.Notice of Motion No.4781 of 2019 is allowed and made absolute in terms of prayer clauses (a) to (c) subject to payment of costs of Rs.1000/- (Rupees one thousand only) to the defendants within period of one week from the date of this order.
Plaintiff is at liberty to deposit the costs payable to the defendants in the Court.
2.After payment of costs, documents and statement of truth filed by the plaintiff be taken on record.
3.Accordingly, notice of motion is disposed off.
Adjourned to 4.02.2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv Sangit Kothari for plff present.
Adv Yash Agarwal for deft present.
He submitted that he received cost.
Exh 04 - Statement of truth to support of documents filed by plff. t.o.r.
Exh 05 - List of documents.
Matter stands Adj for admission and denial to 11/02/2020.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: Adv Sandip Kothari for plff present.
Adv Zeenal Rathod for deft present.
She seeks time for admission and denial. Granted.
Matter stands Adj for admission and denial to 15/02/2020.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-02-2020
Date: 15-02-2020
Business: Plff and Adv absent.
Adv Sambita Vinod for deft present.
She seeks time for admission and denial. Granted.
Matter stands Adj for admission and denial to 21/02/2020.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv Sandip Kothari for plff present.
Adv Rahul Karnik for deft present.
He filed reply to admission and denial of documents of plff. t.o.r. Copy served to Adv for plff.
Matter stands Adj for hearing on admission and denial to 27/02/2020.
Next Purpose: HEARING
Next Hearing Date: 27-02-2020
Date: 27-02-2020
Business: Adv Sunita Bafana for plff present.
Chandrakant Suratwala, Representative of deft co present.
He filed reply to documents of plff. t.o.r. Copy served to Adv for plff.
Matter stands Adj for hearing on admission and denial to 04/03/2020.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv Sandip Kothari for plff present.
Adv Anand for deft present.
With consent of both parties, matter stands Adj for admission and denial to 21/03/2020.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-03-2020
Date: 21-03-2020
Business: None present.
As per the circular issued by Hon\''ble High Court. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 06.04.2020 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-04-2020
Date: 06-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Court is relieve for MJA Special online training. Hence, Matter adjd to 23.10.2020 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 06.11.2020 for admission denial
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 26/11/ 2020 for admission denial
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 17.12.2020 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 08.01.2021 for Admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 21.01.2021 for Admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Both parties and their advocate absent.
Matter adjd to 04-02-2021 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: None present for plaintiff.
Adv.Jasprit Anand for defendant present.
Matter adjd to 25.02.2021 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv. Rakshana Karle h/f Adv. Sunita Gaonkar for plaintiff present.
Adv.for defendant absent.
Ld. Adv. Ms. Karle seeks time to take steps.
Matter adjd to 15.03.2021 for steps.
L.O. at 12.00 p.m.
Adv. Ms. Jinal Rathi i/b Adv. Rahul Karnik for defendant present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Plaintiff present.
Adv.Deepali Khatekate i/b.Adv.Sandip for plaintiff present.
Adv.Samhita Vinod i/b. Adv.Rahul Karnik for defendant present.
Admission and denial of documents, Exh.5 already filed by defendant.
The defendant has filed say to the documents filed by the plaintiff on 27.02.2020. The same was not exhibited. It is exhibited today as Exh.6.
Matter adjd to 30.03.2021 for admission and denial of documents by plaintiff as last chance.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: None present for plaintiff.
Adv.Jinal Rathi i/b. Adv.Rahul Karnik for defendant present.
Plaintiff had not filed admission and denial of document.
Adv. of deft. filed draft issues t.o.r.
Matter adjd to 17.04.2021 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-04-2021
Date: 17-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 26.04.2021
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 14.06.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 05.07.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 26.07.2021 for framing issues
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: As Court is on leave, matter is adjd to 18.08.2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Adv.Sandeep Kothari a/w. Adv.Sunita Bafna for plaintiff present.
Adv.Samhita Vinod i/b.Adv.Rahul Karnik for defendant present.
KB for filing draft summary judgment by plaintiff.
LO at 12.58 pm
Adv.Sandeep Kothari a/w. Adv.Sunita Bafna for plaintiff present.
Adv.Samhita Vinod i/b.Adv.Rahul Karnik for defendant present.
Adv. of plaintiff filed draft summary judgment a/w. affidavit in support t.o.r. O-Leave granted to register draft summary judgment.
Copy of same received by the defendant. Endorsement to that effect is made by the defendant.
Matter adjd to 06.10.2021 for reply to summary judgment.
Next Purpose: REPLY
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Adv Deepali Khatkahate for plaintiff present.
Adv. Rahul Karnik for defendant present.
The plaintiff tendered registered application for summary judgment no. 11/21 alongwith affidavit in support. tor.
Matter adjd to 18.10.2021 for reply on summary judgment.
Next Purpose: REPLY
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: As on 18-10-2021 holiday declared.
Next Purpose: REPLY
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: N.O.B.T.O.B./BY PRECIPEE
Adv.Samhita Vinod i/b.Adv.Rahul Karnik for defendant present and filed application for taking matter on board, Exh.7 t.o.r. O-Allowed to take the matter on todays board.
The defendant filed reply to the summary judgment, Exh.8 t.o.r.
True copy of said reply is kept on record for furnishing the same to the plaintiff.
Matter adjd to 11.11.2021 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv.Sandeep Kothari a/w. Adv.Sunita Bafna for plaintiff present.
Adv.Anand h/f.Adv.Rahul Karnik for defendant present.
Matter adjd to 29.11.2021 for Smr. Judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Reason For Adjournment: court time is over
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: None present for plaintiff.
Adv.Rahul Karnik a/w. Adv.Nilesh Patil for defendant present.
ORDER ON SUMMARY JUDGMENT NO.11/2021
The Plaintiff is absent, no argument of plaintiff on summary judgment.
Matter adjd to 07.01.2022 for argument of deft on SJ No.11/21.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Adv.Sandeep Kothari a/w. Adv. Sunita Bafna present for plaintiff.
Adv.Samhita Vinod i/b.Adv.Rahul Karnik present for defendant.
The plaintiff filed application, Exh.9 for setting aside no argument order in SJ. Copy of same is furnished to other side. Endorsement to that effect is made.
Order on Exh.9-Other side to say.
KB
LO at 12.16 pm,
Adv.Sandeep Kothari a/w. Adv. Sunita Bafna present for plaintiff.
Adv.Samhita Vinod i/b.Adv.Rahul Karnik present for defendant.
The defendant filed handwritten say on Exh.9.
Heard both the parties on Exh.9.
Order on Exh.9-Order of no argument of the plaintiff in SJ is set aside.
The plaintiff tendered written notes of argument, Exh.10 t.o.r.
Copy of same is furnished to other side. Endorsement to that effect is made.
On oral request of the plaintiff and defendant time granted as last chance for oral argument.
By consent matter adjd to 25.01.2022 for Argument on Sum. Judg. No.11/21.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Date: 09-02-2022
Business: Adv.Sunita Bafna for plaintiff present.
None present for defendant.
The plaintiff submits that dispute is settled and plaintiff is likely to withdraw the suit subject to clearance of cheque issued by the defendant.
Matter adjd to 04.03.2022 for settlement/withdrawal.
Next Purpose: SETTLEMENT
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: None present for plaintiff.
None present for defendant.
ORDER
Read the last roznama. None present for making submission. On the last date it was submitted that matter is likely to be settled, hence, considering the element of settlement matter is referred for lok-adalat. Issue notice to the parties.
Matter adjd to 12.03.2022 for lok-adalat.
Judge
LO at 12.13 pm,
Adv.Sandeep Kothari for the plaintiff present.
Plaintiff Mr.Dattaram Keshkamat present.
The plaintiff filed application for withdrawal of suit t.o.r. and marked as Exh.11.
Heard the Ld.Adv.for the plaintiff and the plaintiff Mr.Dattaram Keshkamat. It is the contention of the plaintiff that the dispute is settled between the parties and plaintiff wants to withdraw this suit unconditionally. Hence, following order is passed below Exh.11.
ORDER BELOW EXH.11
1. The application (Exh.11) is allowed.
2. The plaintiff is allowed to withdraw this suit unconditionally.
3. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
Read the application, Exh.11 and today\''s order passed thereon. The plaintiff wants to withdraw the suit unconditionally. In view of order below Exh.11, the plaintiff is allowed to withdraw the suit unconditionally. Hence, I pass the following order.
ORDER
1. Suit is dismissed as withdrawn unconditionally.
2. Parties to bear their own costs.
3. The plaintiff is entitled for refund of Court fees as per rules.
ORDER IN APPLICATION FOR SUMMARY JUDGMENT NO.11/2021
Read the application (Exh.11) and today\''s order passed thereon. Heard the plaintiff. The plaintiff submitted the application (Exh.11) for withdrawal of the suit. Same has been allowed. Therefore, the present application No.11/2021 filed under Order 13A of C.P.C. is required to be dismissed. Hence, I pass the following order.
ORDER
1. Application for summary judgment No.11/2021 is dismissed.
2. Parties to bear their own costs.
Nature Of Disposal: WITHDRAWL
Disposal Date: 04-03-2022