NOTICE OF MOTION
M/s. Chetan TradersVsM/s. K.S .Group And Ors
CNR MHCC01003560201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 19 Sept 2026
Case Overview
- Registration Number
- 101383/2019
- Registration Date
- 29 Mar 2019
- Next Hearing Date
- 30 Sept 2026
- Case Stage
- COMPLIANCE
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 18-04-2019
Business: Adv. Ruhan Present for the Plff.
None Present for the Deft. no.1.
Adv. Rahul Kapur For Present for the Deft. no. 3 filed undertake to file VP.
Adv. Rahul Kapur For filed VP for Deft no. 2 and 4.
Ld counsel for the plff sought time to file service affidavit. Granted.
Ld counsel for the deft no. 2,3,4 sought time to file reply to NM 1383/19. granted.
Meanwhile earlier order dt. 05/04/2019 to continue till next date.
Adj. for Service affidavit and Reply to NM 1383/19 on 03/06/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-06-2019
Date: 03-06-2019
Business: Adv. Hardik Desai for plaintiff present.
Adv. Rahul Kapoor for D-2 and 4 present.
Exh.4 VP filed by Adv. Rahul Kapoor for D-3. TOR.
Earlier order to continue.
Matter adjd. for NM reply on 15.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-07-2019
Date: 15-07-2019
Business: Adv. Hardik Desai for plaintiff present.
Adv. Rahul Kapoor for D-2 to 4 present.
Earlier order continue till next date.
Matter adjd for NM of 1383/19 on 26/07/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-07-2019
Date: 26-07-2019
Business: Adv. Hardik Desai Present for the Plff.
EOC
As court is busy in final argument of SCTB Suit 7860/04 this matter adjourned.
Adj to 05/08/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: By Praecipe
Adv. Rahul Kapoor for D-2 to 4 present.
Exh.4 Application for taking matter on board. Allowed.
Exh.5 Application for extension of time for filing WS.
ORDER Keep on due date for order.
Matter already adjd on 05/08/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-08-2019
Date: 02-08-2019
Business: By Praecipe
Adv. Rahul Kapoor for D-2 to 4 present.
Exh.4 Application for taking matter on board. Allowed.
Exh.5 Application for extension of time for filing WS.
ORDER Keep on due date for order.
Matter already adjd on 05/08/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: Adv.Hardik Desai for plaintiff present.
Adv.Rahul Kapoor for defendant no.1 to 4 present.
Earlier order to continue till next date.
Adjd.for N/m reply on 21.08.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2019
Date: 05-08-2019
Business: Adv.Hardik Desai for plaintiff present.
Adv.Rahul Kapoor for defendant no.1 to 4 present.
Earlier order to continue till next date.
Adjd.for N/m reply on 21.08.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2019
Date: 21-08-2019
Business: Adv. Hardik Desai for plaintiff present.
Exh.6 VP filed by Adv. Vijay Dubey for D-2 to 4. TOR.
ORDER BELOW EXH.5
On 02.08.2019 by taking matter on board the earlier advocate on record of D-2 to 4 has filed this application for extension of time to file WS. On that day this application was posted today for passing order. Today another advocate appeared for D-2 to 4. In such circumstances application Exh.5 is disposed off for want of hearing.
As per 1st roznama dt.05.04.2019 D-2 to 4 were present in the Court. From that date 120 days are over. They have not filed WS. Suit to proceed without WS against defendant.
Ld. counsel for D-2 to 4 file reply to NM. Copy is given to otherside.
Earlier order to continue.
Matter adjd for NM hearing on 16/09/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Adv. Hardik Desai for plaintiff present.
Adv. Dubey for D-2 to 4 present.
Ld. counsel for plaintiff filed rejoinder. TOR. Copy is given to otherside.
Earlier order to continue till next date.
Matter adjd for NM hearing on 11/10/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Business: H.H.J. is on Leave. Hence Matter Adj. on 23/10/19
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Adv. Hardik Desai for plaintiff present.
Adv. Vijay Dubey for defendant present.
Earlier order continue till next date.
Matter adjd for NM hearing on 14/11/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv. Chawla for plaintiff present.
Adv. Vijay Dubey for defendant present.
Defendant has filed sir rejoinder. TOR. Copy is given to otherside.
Earlier order continue till next date.
Matter adjd for NM hearing on 04/12/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2019
Date: 04-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: HHJIS ON TRANING AT UTTAN
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2020
Date: 06-12-2019
Business: HHJIS ON TRANING AT UTTAN
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: None present till 11.32am.
Adv. Desai for plaintiff present.
Adv. V. G. Dubey for defendant present.
Adv. for deft tendered Original NM 4864/19 alongwith affidavit. t.o.r.
The Ld Adv appearing for plff prayed to continue previous interim order. O- considering the circumstances earlier interim order continue till next date
Matter adjd for NM reply on 20/01/2020 at 11.00 am
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Adv. Hardik J. Desai for plaintiff present.
None present for deft.
Adv. for plff filed reply to NM NO. 4864/19. t.o.r O-read and recorded.
Earlier interim order if any is continued till next date.
Matter adjd for hearing on NM No.4864/19 and NM NO.1383/19 on 27/01/2020 at 11.00 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. P. D. Gandhy for plaintiff present.
Adv. Vijay Dubey for defendant present.
The Ld Adv appearing for defts submits that he received copy of the reply today. Hence he seeks time to file rejoinder and hearing.
Perused roznama dt. 05/04/2019. As per the said roznama interim order was passed. Persued roznama dt.20/01/2020. As per the said roznama earlier interim order is continued till today.
Therefore the earlier interim order is continued till next date.
The Ld Adv appearing for deft states that the matter be adjourned on 14/02/2020. Hence matter is adjourned by consent on 14/02/2020.
Matter adjd for filing rejoinder by deft advocate to NM No.4864/19 and for hearing on both NM\''s on 14/02/2020 at 11.00 am
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: H.H.J. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2020
Date: 14-02-2020
Business: H.H.J. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Adv. Pradeep Gandhi for plaintiff present.
Adv. Dalal for defendant nos. 2 to 4 present.
Ld Adv for defendant filed rejoinder in NM no. 4864/2019 t.o.r.
O- R and R.
Heard Ld Adv for defendants NM no. 4864/2019. He relied upon the citation of Hon''ble Bombay High Court in the Notice of Motion Commercial Division No. 196 of 2018 in Commercial suit no. 159/2017, dated 27-02-2019. He specifically emphasised on para 103 of the said order. He further states writ of summons are mandatorly to be served but the same is not served to the defendant nos. 2 to 4. He further states defendants have not waved service of writ of summons. Therefore, it was mandatory on the part of plaintiff to serve writ of summons. On the contrary the Ld Adv for plaintiff relied upon two citation.
1. The Citation of the Hon''ble Bombay High Court Appeal from order no. 807 of 2011 in Notice of Motion No. 1334 of 2009 in L.C. Suit No. 2802 of 2009 and CAA/1067/2011, dated 23-10-2013, Suresh V/s. Municipal Corporation of Greater Mumbai and Ors.
2. The citation of Hon''ble Delhi High Court CS(COMM) No. 1495/2016, dated 14th December, 2017 t.o.r.
The Ld Adv for defendants submitted that the citation of Bombay High Court citated by plaintiff is not under commercial court Act.
Heard Ld Adv for plaintiff.
Earlier interim order if any is continued till next date.
Matter adjd for hearing of plaintiff advocate on law point in view of citation of the Hon''ble Bombay High Court citated by defendant nos. 2 to 4 to 02-03-2020 at 11.00 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2020
Date: 26-02-2020
Business: Adv. Pradeep Gandhi for plaintiff present.
Adv. Dalal for defendant nos. 2 to 4 present.
Ld Adv for defendant filed rejoinder in NM no. 4864/2019 t.o.r.
O- R and R.
Heard Ld Adv for defendants NM no. 4864/2019. He relied upon the citation of Hon''ble Bombay High Court in the Notice of Motion Commercial Division No. 196 of 2018 in Commercial suit no. 159/2017, dated 27-02-2019. He specifically emphasised on para 103 of the said order. He further states writ of summons are mandatorly to be served but the same is not served to the defendant nos. 2 to 4. He further states defendants have not waved service of writ of summons. Therefore, it was mandatory on the part of plaintiff to serve writ of summons. On the contrary the Ld Adv for plaintiff relied upon two citation.
1. The Citation of the Hon''ble Bombay High Court Appeal from order no. 807 of 2011 in Notice of Motion No. 1334 of 2009 in L.C. Suit No. 2802 of 2009 and CAA/1067/2011, dated 23-10-2013, Suresh V/s. Municipal Corporation of Greater Mumbai and Ors.
2. The citation of Hon''ble Delhi High Court CS(COMM) No. 1495/2016, dated 14th December, 2017 t.o.r.
The Ld Adv for defendants submitted that the citation of Bombay High Court citated by plaintiff is not under commercial court Act.
Heard Ld Adv for plaintiff.
Earlier interim order if any is continued till next date.
Matter adjd for hearing of plaintiff advocate on law point in view of citation of the Hon''ble Bombay High Court citated by defendant nos. 2 to 4 to 02-03-2020 at 11.00 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Adv. P.D. Gandhi for plaintiff present.
Adv. Dalal for defendant present.
Heard both sides on NM no. 4864/2019.
Earlier interim order if any is continued till next date.
KB L.O. at 5.13 pm.
The Ld Adv for plaintiff filed two citations.
1. Hon''ble Andhara Pradesh High Court dated 01-11-1973
2. Hon''ble Bombay High Court dated 01-08-1977.
The Ld Adv for defendant has relied upon rule 55 and 63 of Bombay City Civil Court Rules.
Matter adjd for NM order no. 4864/2019 to 24-03-2020 at 11.00 am.
Next Purpose: NM ORDERS
Next Hearing Date: 24-03-2020
Date: 02-03-2020
Business: Adv. P.D. Gandhi for plaintiff present.
Adv. Dalal for defendant present.
Heard both sides on NM no. 4864/2019.
Earlier interim order if any is continued till next date.
KB L.O. at 5.13 pm.
The Ld Adv for plaintiff filed two citations.
1. Hon''ble Andhara Pradesh High Court dated 01-11-1973
2. Hon''ble Bombay High Court dated 01-08-1977.
The Ld Adv for defendant has relied upon rule 55 and 63 of Bombay City Civil Court Rules.
Matter adjd for NM order no. 4864/2019 to 24-03-2020 at 11.00 am.
Next Purpose: NM ORDERS
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 03-04-2020
Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM ORDERS
Next Hearing Date: 17-04-2020
Date: 03-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM ORDERS
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM ORDERS
Next Hearing Date: 06-05-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM ORDERS
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM ORDERS
Next Hearing Date: 28-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM ORDERS
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 09-07-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM ORDERS
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 18-07-2020
Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ORDERS
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2020
Date: 18-07-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2020
Date: 08-09-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Court is on training.(11.00 a.m. to 01.00 p.m.)
Adjourned for N/M hearing to 21.10.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2020
Date: 06-10-2020
Business: Court is on training.(11.00 a.m. to 01.00 p.m.)
Adjourned for N/M hearing to 21.10.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Business: Both the parties and their advocates are absent.
Adjd. for NM hearing to 07.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2020
Date: 21-10-2020
Business: Both the parties and their advocates are absent.
Adjd. for NM hearing to 07.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: By precipe
Advocate Hardik Desai for plaintiff is present and filed draft C/S. Leave is granted to register the same.
Matter already adjourned to 07.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: Adv. Veer Kankariya for plaintiff present and requested to extend the time for registration of Ch.S. Time granted.
None for Defendants.
Adjourned for NM hearing 09.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2020
Date: 07-11-2020
Business: Adv. Veer Kankariya for plaintiff present and requested to extend the time for registration of Ch.S. Time granted.
None for Defendants.
Adjourned for NM hearing 09.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2020
Date: 09-12-2020
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: Advocate Hardik Desai for plaintiff is present and tendered registered C/S No. 671/20. He also filed service affidavit.
Advocate A. R. Pande for defendant no. 2 and 3 is present.
Earlier order if any, to continue till next date.
Adjourned for NM hearing to 13.01.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2021
Date: 21-12-2020
Business: Advocate Hardik Desai for plaintiff is present and tendered registered C/S No. 671/20. He also filed service affidavit.
Advocate A. R. Pande for defendant no. 2 and 3 is present.
Earlier order if any, to continue till next date.
Adjourned for NM hearing to 13.01.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2021
Date: 13-01-2021
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Adv. Hardik Desai for plaintiff present.
None for defendants no. 1to 4.
Exh. 7 - Affidavit of service of C/S No. 671/20, tendered on last date, marked as Exh. 7. Heard adv. Desai for plaintiff. On perusal of track report vide Exh. 7 , C/S No. 671/20 is duly served on respondents 1, 2 and 4. Respondents 1, 2 and 4 are failed to appear. Hence, C/S No. 671/20 is proceeded (ex-parte) against respondents 1,2 and 4.
Adv. Desai prayed for adjournment to take steps against respondent no. 3.
Earlier order if any, to continue till next date.
Matter is adjd.to 10-02-2021 for Steps and NM Hearing.
LO
Advocate Vijay Dubey for defendant no. 2 to 4 is present.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2021
Date: 29-01-2021
Business: Adv. Hardik Desai for plaintiff present.
None for defendants no. 1to 4.
Exh. 7 - Affidavit of service of C/S No. 671/20, tendered on last date, marked as Exh. 7. Heard adv. Desai for plaintiff. On perusal of track report vide Exh. 7 , C/S No. 671/20 is duly served on respondents 1, 2 and 4. Respondents 1, 2 and 4 are failed to appear. Hence, C/S No. 671/20 is proceeded (ex-parte) against respondents 1,2 and 4.
Adv. Desai prayed for adjournment to take steps against respondent no. 3.
Earlier order if any, to continue till next date.
Matter is adjd.to 10-02-2021 for Steps and NM Hearing.
LO
Advocate Vijay Dubey for defendant no. 2 to 4 is present.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv. Hardik Desai for plaintiff present.
Adv. V. K. Dubey for defendant is present.
Exh.8- Application submitted by plaintiff for Substituted service of summons by publication, heard adv. Desai for plaintiff. Perused report of postal department , in track report, it is mentioned as “left” . Hence, summons by publication in two news papers as prayed is allowed. In addition to same, plaintiff may intimate respondent no. 3 i.e. Eemot Impex Pvt. Ltd. by email.
Earlier order if any, to continue till next date.
Matter is adjd.to 24-03-2021 for Steps, Nm Hrg, reply on
C/S..
Next Purpose: REPLY
Next Hearing Date: 12-03-2021
Date: 10-02-2021
Business: Adv. Hardik Desai for plaintiff present.
Adv. V. K. Dubey for defendant is present.
Exh.8- Application submitted by plaintiff for Substituted service of summons by publication, heard adv. Desai for plaintiff. Perused report of postal department , in track report, it is mentioned as “left” . Hence, summons by publication in two news papers as prayed is allowed. In addition to same, plaintiff may intimate respondent no. 3 i.e. Eemot Impex Pvt. Ltd. by email.
Earlier order if any, to continue till next date.
Matter is adjd.to 24-03-2021 for Steps, Nm Hrg, reply on
C/S..
Next Purpose: REPLY
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: NOB TOB by Precipe.
Adv. Hardik Desai for plaintiff submits clarification in last date roznama in view of application vide exh.8 Submitted by the plaintiff on 10.02.2021.
It is clarified that in view of last roznama and Exh.8 summons for Chamber summons be issued by publication.
Earlier order if any, to continue till next date.
None for defendant.
Matter is already adjd.to 24/03/2021 for steps, Nm,
hrg,reply on CS.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2021
Date: 12-03-2021
Business: NOB TOB by Precipe.
Adv. Hardik Desai for plaintiff submits clarification in last date roznama in view of application vide exh.8 Submitted by the plaintiff on 10.02.2021.
It is clarified that in view of last roznama and Exh.8 summons for Chamber summons be issued by publication.
Earlier order if any, to continue till next date.
None for defendant.
Matter is already adjd.to 24/03/2021 for steps, Nm,
hrg,reply on CS.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv. Mr. Giriraj a/w adv. Mr. Hardik Desai for plff present.
Adv. Mr. Vijay Dubey for defendant nos. 2 to 4, prayed for short time to submit reply of Ch/s.
Exh.9- Application submitted by plff. for extension of time to comply order dtd. 10.02.2021 i.e. to serve the summons by publication to respondent no. 3 in Ch/s no. 671/20- Granted.
Earlier order if any, to continue till next date.
Matter is adjd.to 21.04.2021 for steps, NM hearing,
reply on ch/s.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2021
Date: 24-03-2021
Business: Adv. Mr. Giriraj a/w adv. Mr. Hardik Desai for plff present.
Adv. Mr. Vijay Dubey for defendant nos. 2 to 4, prayed for short time to submit reply of Ch/s.
Exh.9- Application submitted by plff. for extension of time to comply order dtd. 10.02.2021 i.e. to serve the summons by publication to respondent no. 3 in Ch/s no. 671/20- Granted.
Earlier order if any, to continue till next date.
Matter is adjd.to 21.04.2021 for steps, NM hearing,
reply on ch/s.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: None for both side.
Matter is adjd.to 18.06.2021 for n/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2021
Date: 21-04-2021
Business: None for both side.
Matter is adjd.to 18.06.2021 for n/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: Court is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: Adv. Yashvi Panchal h/f Adv. Hardik Desai for plaintiff present and filed pursis not pressing C/S No. 671/20 only in respect of addition of respondent no. 3 as party to the suit – t.o.r. marked as Exh. 11
Adv. Dubey for deft. no. 2 to 4 present and filed reply to C/S No. 671/20.
Matter is adjd.to 06-08-2021 for Hearing on NM and C/S.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2021
Date: 27-07-2021
Business: Adv. Yashvi Panchal h/f Adv. Hardik Desai for plaintiff present and filed pursis not pressing C/S No. 671/20 only in respect of addition of respondent no. 3 as party to the suit – t.o.r. marked as Exh. 11
Adv. Dubey for deft. no. 2 to 4 present and filed reply to C/S No. 671/20.
Matter is adjd.to 06-08-2021 for Hearing on NM and C/S.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: Adv. Yashvi Panchal for plaintiff present.
None for defendant
Matter is adjd.to 27-08-2021 for NM and C/S Hrg.
LO
Adv. Vijay Dubey for defendant no. 2 to 4 present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2021
Date: 06-08-2021
Business: Adv. Yashvi Panchal for plaintiff present.
None for defendant
Matter is adjd.to 27-08-2021 for NM and C/S Hrg.
LO
Adv. Vijay Dubey for defendant no. 2 to 4 present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Adv. Mr. P.D. Gandhi for plaintiff present.
Adv. Mr. Vijay Dubey @ Adv. Dalal for defendant no.2 to 4 present.
Both party argument heard on chamber summons.
Earlier order if any continue till next date.
Matter is adjd.to 31.08.2021 for Ch.S for order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2021
Date: 27-08-2021
Business: Adv. Mr. P.D. Gandhi for plaintiff present.
Adv. Mr. Vijay Dubey @ Adv. Dalal for defendant no.2 to 4 present.
Both party argument heard on chamber summons.
Earlier order if any continue till next date.
Matter is adjd.to 31.08.2021 for Ch.S for order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: Adv. Rashmi Panchal for plaintiff present.
None for defendant
Matter is adjd.to 03-09-2021 for NM Order (2.45pm)
Next Purpose: NM ORDERS
Next Hearing Date: 03-09-2021
Date: 31-08-2021
Business: Adv. Rashmi Panchal for plaintiff present.
None for defendant
Matter is adjd.to 03-09-2021 for NM Order (2.45pm)
Next Purpose: NM ORDERS
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv. Hardik Desai for plaintiff present.
Adv. Dubey for defendant no. 2 to 6 present.
Earlier order to continue till next date.
F.R.S.R. Following order is passed -
1)C/S No. 671/2020 is made absolute in terms of prayer clause (a) excluding the name of respondent no. 3 (proposed defendant no. 7 shown in the schedule).
2) Respondents no. 1,2 and 4 be arrayed as defendants no. 5,6 and 7 Respectively.
3) The plaintiff is directed to carry out amendment in the plaint within 14 days from the date of this order.
4) Costs in cause.
5) C/S No. 671/20 is disposed off accordingly.
Matter is adjd.to 29-09-2021 for NM hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2021
Date: 03-09-2021
Business: Adv. Hardik Desai for plaintiff present.
Adv. Dubey for defendant no. 2 to 6 present.
Earlier order to continue till next date.
F.R.S.R. Following order is passed -
1)C/S No. 671/2020 is made absolute in terms of prayer clause (a) excluding the name of respondent no. 3 (proposed defendant no. 7 shown in the schedule).
2) Respondents no. 1,2 and 4 be arrayed as defendants no. 5,6 and 7 Respectively.
3) The plaintiff is directed to carry out amendment in the plaint within 14 days from the date of this order.
4) Costs in cause.
5) C/S No. 671/20 is disposed off accordingly.
Matter is adjd.to 29-09-2021 for NM hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. Hardik Desai for plaintiff present and submitted that he carried out amendment in the plaint on 28-09-2021 and he seeks time for issuing writ of summons to added defendants no. 5,6 and 7. - Time granted.
None for defendant
Earlier order if any, to continue till next date.
Matter is adjd.to 17-11-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-11-2021
Date: 29-09-2021
Business: Adv. Hardik Desai for plaintiff present and submitted that he carried out amendment in the plaint on 28-09-2021 and he seeks time for issuing writ of summons to added defendants no. 5,6 and 7. - Time granted.
None for defendant
Earlier order if any, to continue till next date.
Matter is adjd.to 17-11-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-01-2022
Date: 17-11-2021
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2022
Date: 07-01-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: Adv. Hardik Desai for plaintiff present and received copy of written statement (Exh. 14).
Adv. Vijay Dubey for defendants no. 2 to 4 present.
Adv. Yash Vora for defendant no.7 present and filed vakalatnama t.o.r. and marked as Exh.13. He also filed written statement t.o.r. and marked as Exh.14.
Adv. for the defendant no. 7 is directed to file statement of
truth in support of written statement and affidavit of
admission and denial of documents on the next date of
hearing.
Adv. Hardik Desai for plaintiff filed application for
continuation of earlier order dtd. 05-04-2019 t.o.r. and
marked as Exh.15
Earlier order if any, to continue till next date on
condition that the plaintiff shall argue NM no. 1383/19
as well as NM No. 4864/19.
Matter is adjd.to 09-02-2022 for filing statement of truth
by defts, admission/denial and NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2022
Date: 28-01-2022
Business: Adv. Hardik Desai for plaintiff present and received copy of written statement (Exh. 14).
Adv. Vijay Dubey for defendants no. 2 to 4 present.
Adv. Yash Vora for defendant no.7 present and filed vakalatnama t.o.r. and marked as Exh.13. He also filed written statement t.o.r. and marked as Exh.14.
Adv. for the defendant no. 7 is directed to file statement of
truth in support of written statement and affidavit of
admission and denial of documents on the next date of
hearing.
Adv. Hardik Desai for plaintiff filed application for
continuation of earlier order dtd. 05-04-2019 t.o.r. and
marked as Exh.15
Earlier order if any, to continue till next date on
condition that the plaintiff shall argue NM no. 1383/19
as well as NM No. 4864/19.
Matter is adjd.to 09-02-2022 for filing statement of truth
by defts, admission/denial and NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: None for plaintiff.
Adv. Vijay Dubey a/w Adv. Zubin Dalal for defendant no. 2 to 4 present.
Adv. Gaurav Gokhale for defendant no. 6 present and filed vakalatnama t.o.r. and marked as Exh.16
Adv. Yash Vora for defendant no. 7 present and filed statement of truth in support of written statement Exh. 14 t.o.r. and marked as Exh.17
Adv. Yash Vora for defendant no. 7 filed affidavit of admission and denial of documents t.o.r. and marked as Exh.18
Adv. Yash Vora for defendant no. 7 placed on record copies of Exh. 17 and 18 for plaintiff.
Adv. Vijay Dubey and Adv. Gaurav Gokhale submitted that
they did not receive the copies of documents annexed with
the plaint and requested that the plaintiff may be directed to
provide the documents.
Considering their submission, the plaintiff is directed to
provide copies of the documents annexed with the plaint to
defendants no. 2 to 4 and 6
On perusal of record, it appears that the plaintiff has not filed
on record affidavit of service regarding writ of summon
issued to defendants no. 1 to 7. Therefore, the plaintiff is
directed either to take steps for effecting service of writ of
summons upon the defendants or to file affidavit of service to
prove service of writ of summons upon the defendants on or
before the next date of hearing.
Matter is adjd.to 23-02-2022 for compliance and NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2022
Date: 09-02-2022
Business: None for plaintiff.
Adv. Vijay Dubey a/w Adv. Zubin Dalal for defendant no. 2 to 4 present.
Adv. Gaurav Gokhale for defendant no. 6 present and filed vakalatnama t.o.r. and marked as Exh.16
Adv. Yash Vora for defendant no. 7 present and filed statement of truth in support of written statement Exh. 14 t.o.r. and marked as Exh.17
Adv. Yash Vora for defendant no. 7 filed affidavit of admission and denial of documents t.o.r. and marked as Exh.18
Adv. Yash Vora for defendant no. 7 placed on record copies of Exh. 17 and 18 for plaintiff.
Adv. Vijay Dubey and Adv. Gaurav Gokhale submitted that
they did not receive the copies of documents annexed with
the plaint and requested that the plaintiff may be directed to
provide the documents.
Considering their submission, the plaintiff is directed to
provide copies of the documents annexed with the plaint to
defendants no. 2 to 4 and 6
On perusal of record, it appears that the plaintiff has not filed
on record affidavit of service regarding writ of summon
issued to defendants no. 1 to 7. Therefore, the plaintiff is
directed either to take steps for effecting service of writ of
summons upon the defendants or to file affidavit of service to
prove service of writ of summons upon the defendants on or
before the next date of hearing.
Matter is adjd.to 23-02-2022 for compliance and NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv. Hardik Desai a/w Adv. P. D. Gandhi for plaintiff present.
Adv. Zubin Dalal a/w Adv. Vijay Dubey for defendants no. 2 to 4 present.
Adv. Anjali Jaiswal for defendant no. 7 present.
Heard Ld. Adv. P. D. Gandhi and Ld. Adv. Zubin Dalal for defendants no. 2 to 4 on NM No. 4864/19.
Matter is adjd.to 28-02-2022 for NM No. 4864/19 Order.
LO
Adv. Gaurav Gokhale for defendant no. 6 present.
Next Purpose: NM ORDERS
Next Hearing Date: 28-02-2022
Date: 23-02-2022
Business: Adv. Hardik Desai a/w Adv. P. D. Gandhi for plaintiff present.
Adv. Zubin Dalal a/w Adv. Vijay Dubey for defendants no. 2 to 4 present.
Adv. Anjali Jaiswal for defendant no. 7 present.
Heard Ld. Adv. P. D. Gandhi and Ld. Adv. Zubin Dalal for defendants no. 2 to 4 on NM No. 4864/19.
Matter is adjd.to 28-02-2022 for NM No. 4864/19 Order.
LO
Adv. Gaurav Gokhale for defendant no. 6 present.
Next Purpose: NM ORDERS
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Adv. Aditya Khan for plaintiff present
Adv. Vijay Dubey for defendants no. 2 to 4 present.
Adv. Salil Dabke for defendant no. 6 present and submitted that he has not received the plaint and documents annexed with the plaint.
F.R.S.R. following order is passed in NM 4864/19-
ORDER
1.Notice of Motion No. 4864/2019 is made absolute in terms of prayer clause (a), (b) and (c).
2. Written statement filed by defendants no. 2 to 4 on record on 07/01/2022 is marked as Exh. 19.
3.The proceeding of N/m No. 4864/19 is closed.
Matter is adjd.to 04-03-2022 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2022
Date: 28-02-2022
Business: Adv. Aditya Khan for plaintiff present
Adv. Vijay Dubey for defendants no. 2 to 4 present.
Adv. Salil Dabke for defendant no. 6 present and submitted that he has not received the plaint and documents annexed with the plaint.
F.R.S.R. following order is passed in NM 4864/19-
ORDER
1.Notice of Motion No. 4864/2019 is made absolute in terms of prayer clause (a), (b) and (c).
2. Written statement filed by defendants no. 2 to 4 on record on 07/01/2022 is marked as Exh. 19.
3.The proceeding of N/m No. 4864/19 is closed.
Matter is adjd.to 04-03-2022 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv. Hardik Desai for plaintiff present
Adv. Vijay Dubey for defendants no. 2 to 4 present and filed statement of truth in support of written statement Exh. 19 t.o.r. and marked as Exh. 20
He also filed affidavit of admission and denial t.o.r. and marked as Exh.21
Adv. Priyanka Rajak for defendant no. 7 present.
Adv. Hardik Desai for plaintiff received copy of Exh. 20 and 21.
Matter is adjd.to 16-03-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2022
Date: 04-03-2022
Business: Adv. Hardik Desai for plaintiff present
Adv. Vijay Dubey for defendants no. 2 to 4 present and filed statement of truth in support of written statement Exh. 19 t.o.r. and marked as Exh. 20
He also filed affidavit of admission and denial t.o.r. and marked as Exh.21
Adv. Priyanka Rajak for defendant no. 7 present.
Adv. Hardik Desai for plaintiff received copy of Exh. 20 and 21.
Matter is adjd.to 16-03-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Tejas Shah for plaintiff present and prayed for adjournment - short date be given.
Adv. Vijay Dubey for defendants no. 2 to 4 present.
Adv. Gaurav Gokhale for defendant no. 6 present.
Matter is adjd.to 06-04-2022 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2022
Date: 16-03-2022
Business: Adv. Tejas Shah for plaintiff present and prayed for adjournment - short date be given.
Adv. Vijay Dubey for defendants no. 2 to 4 present.
Adv. Gaurav Gokhale for defendant no. 6 present.
Matter is adjd.to 06-04-2022 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: None for plaintiff.
Adv. Zubin Dalal a/w Vijay Dubey for defendant no. 2 to 4 present.
Adv. D. G. Gujral for defendant no. 7 present.
None for defendant no. 6.
Matter is adjd.to 21-04-2022 for NM Hrg. (2.45pm)
lo at 3.15 pm
Adv. Hardik Desai for plaintiff present and submitted that matter may be kept on 25-04-2022. He undertook to communicate the changed date of hearing to other side.
Matter is adjd.to 25-04-2022 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2022
Date: 06-04-2022
Business: None for plaintiff.
Adv. Zubin Dalal a/w Vijay Dubey for defendant no. 2 to 4 present.
Adv. D. G. Gujral for defendant no. 7 present.
None for defendant no. 6.
Matter is adjd.to 21-04-2022 for NM Hrg. (2.45pm)
lo at 3.15 pm
Adv. Hardik Desai for plaintiff present and submitted that matter may be kept on 25-04-2022. He undertook to communicate the changed date of hearing to other side.
Matter is adjd.to 25-04-2022 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Adv. Hardik Desai a/w Adv. P. D. Gandhye for plaintiff present.
None for defendants no. 2 to 4
Adv. Yash Vora for defendant no. 7 present.
Matter is adjd.to 17-06-2022 for NM Hrg. (2.45pm)
LO
Adv. Vijay Dubey for defendants no. 2 to 4 present.
Adv. Hetal Chitroda for defendant no. 6 present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2022
Date: 25-04-2022
Business: Adv. Hardik Desai a/w Adv. P. D. Gandhye for plaintiff present.
None for defendants no. 2 to 4
Adv. Yash Vora for defendant no. 7 present.
Matter is adjd.to 17-06-2022 for NM Hrg. (2.45pm)
LO
Adv. Vijay Dubey for defendants no. 2 to 4 present.
Adv. Hetal Chitroda for defendant no. 6 present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Adv. Hardik Desai for plaintiff present and requested for adjournment.
Adv. Vijay Dubey for defendant no. 2 to 4 present.
Adjd for NM hearing to 20/07/2022
L. O
Adv. Yash Vora for defendant No. 7 present.
L. O at (2.45pm)
Adv. Gaurav Gokhale for defendant No. 6 present and tendered draft notice of motion along with affidavit in support. O- Leave granted to register notice of motion.
Adjd for NM hearing to 20/07/2022 at (2.45pm) pm
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2022
Date: 17-06-2022
Business: Adv. Hardik Desai for plaintiff present and requested for adjournment.
Adv. Vijay Dubey for defendant no. 2 to 4 present.
Adjd for NM hearing to 20/07/2022
L. O
Adv. Yash Vora for defendant No. 7 present.
L. O at (2.45pm)
Adv. Gaurav Gokhale for defendant No. 6 present and tendered draft notice of motion along with affidavit in support. O- Leave granted to register notice of motion.
Adjd for NM hearing to 20/07/2022 at (2.45pm) pm
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: Adv. Yash Vora for defendant no. 7 present.
Adv. Tejas Shah for plaintiff present.
Adv. Vijay Dubey for defendant No. 2 to 4 present.
None for defendant no. 6 when called.
Adjd for NM hearing to 12/08/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2022
Date: 20-07-2022
Business: Adv. Yash Vora for defendant no. 7 present.
Adv. Tejas Shah for plaintiff present.
Adv. Vijay Dubey for defendant No. 2 to 4 present.
None for defendant no. 6 when called.
Adjd for NM hearing to 12/08/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2022
Date: 12-08-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Saurabh Gaikwad for defendant No. 7 present.
Adv. Mr. Maaz h/f Adv. Hardik Desai for plaintiff present and seeks time to argue NM.
Granted as last chance.
Adjd for NM hearing to 16/09/2022
L. O
Adv. Pushpa Thapa for deft no. 6 present and tendered registered NM No. 2088/22 along with affidavit in support. T.O.R
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2022
Date: 24-08-2022
Business: Adv. Saurabh Gaikwad for defendant No. 7 present.
Adv. Mr. Maaz h/f Adv. Hardik Desai for plaintiff present and seeks time to argue NM.
Granted as last chance.
Adjd for NM hearing to 16/09/2022
L. O
Adv. Pushpa Thapa for deft no. 6 present and tendered registered NM No. 2088/22 along with affidavit in support. T.O.R
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2022
Date: 16-09-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2022
Date: 21-10-2022
Business: Adv. P. D. Gandhy for plaintiff present.
Adv. Vijay Dubeyfor defendant present.
Adv. Yash Vora for defendant No. 7 present.
Both the advocates by consent are seeking date.
Adjd for NM hearing to 18/11/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2022
Date: 21-10-2022
Business: Adv. P. D. Gandhy for plaintiff present.
Adv. Vijay Dubeyfor defendant present.
Adv. Yash Vora for defendant No. 7 present.
Both the advocates by consent are seeking date.
Adjd for NM hearing to 18/11/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv. P. D. Gandhy for plaintiff present.
Adv. Vijay Dubey for defendant No. 2 to 4 present.
Adv. Gaurav Gokhale for defendant No. 6 present.
Adv. Yash Vora for defendant No. 7 present.
Adjd for NM hearing to 12/12/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022
Date: 18-11-2022
Business: Adv. P. D. Gandhy for plaintiff present.
Adv. Vijay Dubey for defendant No. 2 to 4 present.
Adv. Gaurav Gokhale for defendant No. 6 present.
Adv. Yash Vora for defendant No. 7 present.
Adjd for NM hearing to 12/12/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Adv. Yash Vora for defendant NO. 7 present.
Adv. Vijay Dubey for deft. Nos. 2 to 4 present.
Adv. Sushil Verma for plff. present.
Adv. Rajesh Gupta for deft. no. 6 present.
Affidavit in reply to NM no. 2088/22 filed on behalf of deft. Nos. 2 to 4 -TOR -Read and Recorded.
Copy served to plaintiff and deft. no. 6.
Adjd. for argument to 21.12.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2022
Date: 12-12-2022
Business: Adv. Yash Vora for defendant NO. 7 present.
Adv. Vijay Dubey for deft. Nos. 2 to 4 present.
Adv. Sushil Verma for plff. present.
Adv. Rajesh Gupta for deft. no. 6 present.
Affidavit in reply to NM no. 2088/22 filed on behalf of deft. Nos. 2 to 4 -TOR -Read and Recorded.
Copy served to plaintiff and deft. no. 6.
Adjd. for argument to 21.12.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Adv. Mr. Pradip Gandhy for plaintiff present and sought time for argument. Granted.
Adv. D.G. Gujral for defendant no.7 present.
Case is adjourned for hearing NM to 16.01.2023.
L.O.
Adv. Vijay Dubey for defendant No. 2 to 4 present
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2023
Date: 21-12-2022
Business: Adv. Mr. Pradip Gandhy for plaintiff present and sought time for argument. Granted.
Adv. D.G. Gujral for defendant no.7 present.
Case is adjourned for hearing NM to 16.01.2023.
L.O.
Adv. Vijay Dubey for defendant No. 2 to 4 present
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2023
Date: 16-01-2023
Business: Adv Khushi Varma i/b Hardik Desai for plaintiff is present.
Adv Vijay Dubey for defendant no.2 to 4 is present.
Adv. Rajiv Gupta h/f Gaurav Gokhale for defendant no.6 is present.
Exh.22 - Ld adv for defendant no.2 to 4 filed list of documents. O- Filed.
Copy of list of document is served to the plaintiff.
Heard argument both the side on NM no. 2088 of 22.
Case is adjourned for NM order to 27-01-2023.
Next Purpose: NM ORDERS
Next Hearing Date: 27-01-2023
Date: 16-01-2023
Business: Adv Khushi Varma i/b Hardik Desai for plaintiff is present.
Adv Vijay Dubey for defendant no.2 to 4 is present.
Adv. Rajiv Gupta h/f Gaurav Gokhale for defendant no.6 is present.
Exh.22 - Ld adv for defendant no.2 to 4 filed list of documents. O- Filed.
Copy of list of document is served to the plaintiff.
Heard argument both the side on NM no. 2088 of 22.
Case is adjourned for NM order to 27-01-2023.
Next Purpose: NM ORDERS
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Adv. Priyank Chudasama h/f Adv. Hardik Desai for plaintiff is present.
Adv. Vijay Dubey for defendant no.2 is present.
Adv. Yash Vora for defendant no.7 is present.
Court is busy in dictating judgment in commercial suit 644/22, 420/22 and dictating order in CS no. 1802/22 and 1803/22.
Case is adjourned for NM order to 08-02-2023.
Next Purpose: NM ORDERS
Next Hearing Date: 08-02-2023
Date: 27-01-2023
Business: Adv. Priyank Chudasama h/f Adv. Hardik Desai for plaintiff is present.
Adv. Vijay Dubey for defendant no.2 is present.
Adv. Yash Vora for defendant no.7 is present.
Court is busy in dictating judgment in commercial suit 644/22, 420/22 and dictating order in CS no. 1802/22 and 1803/22.
Case is adjourned for NM order to 08-02-2023.
Next Purpose: NM ORDERS
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: None for plaintiff.
Adv. Vijay Dubey for defendant 2 to 4 present.
Adv. Gaurav Gokhale for defendant no.6 present.
Adv. Yash Vora for defendant no.7 present.
F.R.S.R. following order is passed in NM 2088 of 2022
ORDER
1) The Notice of Motion No. 2088 of 2022 in Commercial Suit No. 2 of 2019 stands dismissed.
2) Cost in cause.
3) The proceedings of Notice of Motion No. 2088 of 2022 is closed.
Case is adjourned for hearing of NM 1383/2019 to 08.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2023
Date: 08-02-2023
Business: None for plaintiff.
Adv. Vijay Dubey for defendant 2 to 4 present.
Adv. Gaurav Gokhale for defendant no.6 present.
Adv. Yash Vora for defendant no.7 present.
F.R.S.R. following order is passed in NM 2088 of 2022
ORDER
1) The Notice of Motion No. 2088 of 2022 in Commercial Suit No. 2 of 2019 stands dismissed.
2) Cost in cause.
3) The proceedings of Notice of Motion No. 2088 of 2022 is closed.
Case is adjourned for hearing of NM 1383/2019 to 08.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv. Khushi Varma for plaintiff present and submitted that her senior advocate is engaged in another court, hence sought time. O - Time granted.
Adv. Priyanka Rajak for defendant No.7 present.
Adv. Vijay Dubey for defendant nos. 2 to 4 present and filed application Exh. 23 for taking on record additional W.S. Defendant also filed additional W.S. with this application. O - Plaintiff to say.
Ld. advocate defendant also sought time for filing reply to Exh.23.
Copy of Exh.23 be served to plaintiff.
Adv. for plaintiff filed application. TOR. Exh.24 for Issue of fresh writ of summons. O - Issue fresh writ of summons to defendant No. 5 as prayed through bailiff.
Case is adjourned for NM hearing and reply on Exh. 23 by plaintiff on 03.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2023
Date: 08-03-2023
Business: Adv. Khushi Varma for plaintiff present and submitted that her senior advocate is engaged in another court, hence sought time. O - Time granted.
Adv. Priyanka Rajak for defendant No.7 present.
Adv. Vijay Dubey for defendant nos. 2 to 4 present and filed application Exh. 23 for taking on record additional W.S. Defendant also filed additional W.S. with this application. O - Plaintiff to say.
Ld. advocate defendant also sought time for filing reply to Exh.23.
Copy of Exh.23 be served to plaintiff.
Adv. for plaintiff filed application. TOR. Exh.24 for Issue of fresh writ of summons. O - Issue fresh writ of summons to defendant No. 5 as prayed through bailiff.
Case is adjourned for NM hearing and reply on Exh. 23 by plaintiff on 03.04.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2023
Date: 03-04-2023
Business: Adv. Khushi Varma for plaintiff is present.
Adv. Khan for defendant nos. 2 to 4 is present.
Adv. Yash Vora for defendant no.7 is present.
Exh.25 - Ld adv for plaintiff filed say on Exh.23 t.o.r. O- R and R.
Copy of Exh.25 is served upon the deft nos.2 to 4.
On the request of ld adv for plaintiff the extension is granted to the plaintiff to serve the writ of summons to the defendant no.5.
Case is adjourned for NM hearing and hearing on Exh.23 to 24-04-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2023
Date: 03-04-2023
Business: Adv. Khushi Varma for plaintiff is present.
Adv. Khan for defendant nos. 2 to 4 is present.
Adv. Yash Vora for defendant no.7 is present.
Exh.25 - Ld adv for plaintiff filed say on Exh.23 t.o.r. O- R and R.
Copy of Exh.25 is served upon the deft nos.2 to 4.
On the request of ld adv for plaintiff the extension is granted to the plaintiff to serve the writ of summons to the defendant no.5.
Case is adjourned for NM hearing and hearing on Exh.23 to 24-04-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: Adv. Khushi Varma for plaintiff is present.
Adv Vijay Dubey for defendant nos.2 to 4 is present.
Adv. Yash Vora for defendant no.7 is present.
Heard ld adv for plaintiff and advocate nos. 2 to 4 on Exh.23.
Case is adjourned for order on Exh.23 to 05-06-2023.
Next Purpose: ORDER
Next Hearing Date: 05-06-2023
Date: 24-04-2023
Business: Adv. Khushi Varma for plaintiff is present.
Adv Vijay Dubey for defendant nos.2 to 4 is present.
Adv. Yash Vora for defendant no.7 is present.
Heard ld adv for plaintiff and advocate nos. 2 to 4 on Exh.23.
Case is adjourned for order on Exh.23 to 05-06-2023.
Next Purpose: ORDER
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: Plaintiff side called, but absent.
Mrs. Priyanka present for defendant no.5 KEC International
Counsel from both side absent.
Parties to argue on pending application at Exh.23.
Matter adjourned to 05.07.2023 for hearing.
Later on 14.46 hrs.
Adv. Dubey present for defendant no. 2 to 4.
Adv. Saurabh Gaikwad present for defendant no.7.
Matter adjourned to 05.07.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-07-2023
Date: 05-06-2023
Business: Plaintiff side called, but absent.
Mrs. Priyanka present for defendant no.5 KEC International
Counsel from both side absent.
Parties to argue on pending application at Exh.23.
Matter adjourned to 05.07.2023 for hearing.
Later on 14.46 hrs.
Adv. Dubey present for defendant no. 2 to 4.
Adv. Saurabh Gaikwad present for defendant no.7.
Matter adjourned to 05.07.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: M/s. Chetan Traders Vs M/s. KS Group
Adv. Hardik Desai present for plaintiff.
Exh.26 - Bailiff report stating that, the summons is served on defendant No.5 KEC International Ltd. On Dt. 01.06.2023.
Defendant No.5 called, but absent.
Adv. Vijay Dubey present for defendant No. 2 to 4.
Adv. Shardha Jadhav present for defendant No.6
Exh.27- Adv. Shardha Jadhav filed Vakalatnama.
Matter adjourned for arguments on Exh.23.
Matter adjourned to 07.08.2023 for arguments/ Orders on Exh.23.
Later on at 14.47 Hrs.
Adv. Saurabh Gaikwad present for defendant No.7.
Matter adjourned to 07.08.2023 for arguments/ Orders on Exh.23.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-08-2023
Date: 05-07-2023
Business: M/s. Chetan Traders Vs M/s. KS Group
Adv. Hardik Desai present for plaintiff.
Exh.26 - Bailiff report stating that, the summons is served on defendant No.5 KEC International Ltd. On Dt. 01.06.2023.
Defendant No.5 called, but absent.
Adv. Vijay Dubey present for defendant No. 2 to 4.
Adv. Shardha Jadhav present for defendant No.6
Exh.27- Adv. Shardha Jadhav filed Vakalatnama.
Matter adjourned for arguments on Exh.23.
Matter adjourned to 07.08.2023 for arguments/ Orders on Exh.23.
Later on at 14.47 Hrs.
Adv. Saurabh Gaikwad present for defendant No.7.
Matter adjourned to 07.08.2023 for arguments/ Orders on Exh.23.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: M/s. Chetan Traders Vs M/s. KS Group
Adv. Shri Hardik Desai a/w Adv. Priyank G Chudasama and Adv. Disha Thakkar present for plaintiff.
Adv. Shri Vijay Desai present for defendant no.2 to 4.
Adv. Ms. Priyanka Lad present for defendant no.5.
Adv. Ms. Shraddha Jadhav h/f Adv. Satish Kumar Soni present for defendant no.6.
Adv. Shri Saurabh Gaikwad present for defendant no.7.
Parties to supply documents to each others without fail.
Matter adjourned to 04.09.2023 for arguments and orders.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-09-2023
Date: 07-08-2023
Business: M/s. Chetan Traders Vs M/s. KS Group
Adv. Shri Hardik Desai a/w Adv. Priyank G Chudasama and Adv. Disha Thakkar present for plaintiff.
Adv. Shri Vijay Desai present for defendant no.2 to 4.
Adv. Ms. Priyanka Lad present for defendant no.5.
Adv. Ms. Shraddha Jadhav h/f Adv. Satish Kumar Soni present for defendant no.6.
Adv. Shri Saurabh Gaikwad present for defendant no.7.
Parties to supply documents to each others without fail.
Matter adjourned to 04.09.2023 for arguments and orders.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: M/s. Chetan Traders Vs M/s. KS Group
Adv. Disha Thakkar present for plaintiff.
Adv. S. R. Soni present for defendant No.6.
Adv. Saurabh Gaikwad present for defendant No.7.
Perusal of roznama Dt. 05.07.2023 shows that, defendant No. 5 is served on 01.06.2023.
Perused roznama Dt. 07.08.2023. Adv. Ms. Priyanka Lad absent. for defendant No.5.
Suit to proceed without Written Statement of defendant no.5
FRSR following order is passed in Exh.23
ORDER
1. Application at Exh. 23, is allowed, subject to Cost of Rs. 5,000/- (Rs. Five Thousand Only).
2. The defendant No. 2 to No. 4 shall pay said Cost by next date.
3. If the defendant No.2 to No. 4 pays the Cost to the plaintiff by next date, then their additional Written Statement shall be considered as part and parcel of Written Statement at Exh. 19.
4. Parties be informed about their right to challenge this Order and period of limitation for it.
5. Application Exh. 23 is disposed off accordingly.
6. Notice of Motion No. 101383 / 2019 is pending. Considering age of Suit, parties to expedite.
7. Order dictated and pronounced in Open Court.
8. The record of Exhibit 23 shall be part and parcel of the main Commercial Suit No. 100002 / 2019.
Notice of Motion 1383 /2019 is pending.
Parties to expedite.
Matter adjourned to 04.10.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-10-2023
Date: 04-09-2023
Business: M/s. Chetan Traders Vs M/s. KS Group
Adv. Disha Thakkar present for plaintiff.
Adv. S. R. Soni present for defendant No.6.
Adv. Saurabh Gaikwad present for defendant No.7.
Perusal of roznama Dt. 05.07.2023 shows that, defendant No. 5 is served on 01.06.2023.
Perused roznama Dt. 07.08.2023. Adv. Ms. Priyanka Lad absent. for defendant No.5.
Suit to proceed without Written Statement of defendant no.5
FRSR following order is passed in Exh.23
ORDER
1. Application at Exh. 23, is allowed, subject to Cost of Rs. 5,000/- (Rs. Five Thousand Only).
2. The defendant No. 2 to No. 4 shall pay said Cost by next date.
3. If the defendant No.2 to No. 4 pays the Cost to the plaintiff by next date, then their additional Written Statement shall be considered as part and parcel of Written Statement at Exh. 19.
4. Parties be informed about their right to challenge this Order and period of limitation for it.
5. Application Exh. 23 is disposed off accordingly.
6. Notice of Motion No. 101383 / 2019 is pending. Considering age of Suit, parties to expedite.
7. Order dictated and pronounced in Open Court.
8. The record of Exhibit 23 shall be part and parcel of the main Commercial Suit No. 100002 / 2019.
Notice of Motion 1383 /2019 is pending.
Parties to expedite.
Matter adjourned to 04.10.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: M/s. Chetan Traders Vs M/s. KS Group
Adv. Disha Thakkar present for plaintiff.
Adv. Zubin Dalal present for defendant Nos. 2 to 4.
Adv. Minal present for defendant No.6.
Parties to complete the pleadings, if any and to argue the pending applications, by next date, without fail. Else, put for necessary Order.
Later on at 13.30 hrs.
Amreen Shaikh Representative of defendant No.5 KEC International Ltd present.
Exh. - Draft Notice of Motion filed by defendant No.5. Leave is granted to register it.
Exh. - Affidavit in support of Notice of Motion.
Matter already adjourned to 30.10.2023 for Notice of Motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-10-2023
Date: 04-10-2023
Business: M/s. Chetan Traders Vs M/s. KS Group
Adv. Disha Thakkar present for plaintiff.
Adv. Zubin Dalal present for defendant Nos. 2 to 4.
Adv. Minal present for defendant No.6.
Parties to complete the pleadings, if any and to argue the pending applications, by next date, without fail. Else, put for necessary Order.
Later on at 13.30 hrs.
Amreen Shaikh Representative of defendant No.5 KEC International Ltd present.
Exh. - Draft Notice of Motion filed by defendant No.5. Leave is granted to register it.
Exh. - Affidavit in support of Notice of Motion.
Matter already adjourned to 30.10.2023 for Notice of Motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: Chetan Traders V/s KS Group
Adv. Hardik Desai present for plaintiff.
Adv. Vijay Dubey present for defendant Nos.2 to 4
Adv. Amrin Shaikh present for defendant No.5
Exh.05 - Registered Notice of Motion filed by Defendant No.5
Exh.06 - Affidavit of service in Registered Notice of Motion filed by Defendant No.5
Adv. S. R. Soni present for defendant No.6
Adv. Saurabh Gaikwad present for defendant No.7
Parties to complete the pleading regarding pending Notice of Motion.
Case adjourned to 10.01.2024 for Notice of Motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-01-2024
Date: 30-10-2023
Business: Chetan Traders V/s KS Group
Adv. Hardik Desai present for plaintiff.
Adv. Vijay Dubey present for defendant Nos.2 to 4
Adv. Amrin Shaikh present for defendant No.5
Exh.05 - Registered Notice of Motion filed by Defendant No.5
Exh.06 - Affidavit of service in Registered Notice of Motion filed by Defendant No.5
Adv. S. R. Soni present for defendant No.6
Adv. Saurabh Gaikwad present for defendant No.7
Parties to complete the pleading regarding pending Notice of Motion.
Case adjourned to 10.01.2024 for Notice of Motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-01-2024
Date: 10-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Chetan traders V/s K S Groups
Adv. Hardik Desai present for plaintiff.
Adv. Vijay Dubey present for defendant Nos.2 to 4.
Adv. S. R. Soni Present for defendant No.6.
Adv. Naziya Shaikh Present for defendant No.7.
Plaintiff filed reply overleaf Notice of Motion No. 3660 / 2023.
Exh.30 - Reply filed by defendant Nos.2 to 4 to Notice of Motion No. 3660 /2023.
Exh.31 - Draft Chamber Summons filed by plaintiff.
Exh.32 - Affidavit in support of Chamber Summons.
Order - leave is granted to register it.
Case adjourned to 24.01.2024 for Chamber Summons
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-01-2024
Date: 10-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Chetan traders V/s K S Groups
Adv. Hardik Desai present for plaintiff.
Adv. Vijay Dubey present for defendant Nos.2 to 4.
Adv. S. R. Soni Present for defendant No.6.
Adv. Naziya Shaikh Present for defendant No.7.
Plaintiff filed reply overleaf Notice of Motion No. 3660 / 2023.
Exh.30 - Reply filed by defendant Nos.2 to 4 to Notice of Motion No. 3660 /2023.
Exh.31 - Draft Chamber Summons filed by plaintiff.
Exh.32 - Affidavit in support of Chamber Summons.
Order - leave is granted to register it.
Case adjourned to 24.01.2024 for Chamber Summons
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Chetan Traders V/s KS Group
Adv. Hardik Desai present for plaintiff.
Registered Chamber Summons No. 100098 / 2024 filed by plaintiff.
Adv. Vijay Dubey present for defendant Nos. 2 to 4.
Adv. Saurabh Gaikwad present for defendant No.7.
Case adjourned to 14.02.2024 for hearing.
Later on at 12.29 Hrs.
Adv. Shradhha Jadhav present for defendant No.6.
Intern Arushi Jahagirdar present for defendant No.5.
Case adjourned to 14.02.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 14-02-2024
Date: 24-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Chetan Traders V/s KS Group
Adv. Hardik Desai present for plaintiff.
Registered Chamber Summons No. 100098 / 2024 filed by plaintiff.
Adv. Vijay Dubey present for defendant Nos. 2 to 4.
Adv. Saurabh Gaikwad present for defendant No.7.
Case adjourned to 14.02.2024 for hearing.
Later on at 12.29 Hrs.
Adv. Shradhha Jadhav present for defendant No.6.
Intern Arushi Jahagirdar present for defendant No.5.
Case adjourned to 14.02.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 14-02-2024
Date: 14-02-2024
Business: Chetan Traders V/s K. S. Groups
Adv. Rajeshree Mishra present for plaintiff.
Adv. Vijay Dubey present for defendant Nos. 2 to 4.
Adv. Naziya Shaikh present for defendant No.7.
Defendant representative Aarushi J. present for defendant No.5.
Exh.33 - Reply filed by defendant Nos. 2 to 4 to Chamber Summons No.100098 / 2024.
Defendant No. 5 is seeking oral adjournment to file reply to Chamber Summons.
Suit is filed on 26.03.2019. Parties to expedite.
Suit adjourned to 13.03.2024 for Hearing.
Later on at 12.04 Hrs.
Adv. S. R. Soni present for defendant No.6.
Exh.34 - Draft Notice of motion by defendant No.6.
Exh.35 - Affidavit in support of Notice of motion.
Order - Leave is granted to register Notice of motion.
Parties to complete pleadings and to supply documents to each other. Parties shall argue pending applications, by next date, without fail. Else, put for necessary Order.
Suit adjourned to 13.03.2024 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 13-03-2024
Date: 13-03-2024
Business: M/s. Chetan Traders Vs M/s. KS Group
Adv. Rajeshri Meshram present for plaintiff.
Defendant no.5 representative Aarushi Jahagirdar present.
Adv. Naziya Shaikh present for defendant no.7.
Exh.36 Adjournemt application filed by defendant no.7.
Defendant no.5 is also seeking oral adjournment.
Not objected by plaintiff, allowed for today.
Parties to take steps.
Suit adjourned to 19.06.2024 for hearing.
Later on at 12.13 Hrs.
Adv. Vijay Dubey present for defendant no.2 to 4.
Suit adjourned to 19.06.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 19-06-2024
Date: 13-03-2024
Business: M/s. Chetan Traders Vs M/s. KS Group
Adv. Rajeshri Meshram present for plaintiff.
Defendant no.5 representative Aarushi Jahagirdar present.
Adv. Naziya Shaikh present for defendant no.7.
Exh.36 Adjournemt application filed by defendant no.7.
Defendant no.5 is also seeking oral adjournment.
Not objected by plaintiff, allowed for today.
Parties to take steps.
Suit adjourned to 19.06.2024 for hearing.
Later on at 12.13 Hrs.
Adv. Vijay Dubey present for defendant no.2 to 4.
Suit adjourned to 19.06.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 19-06-2024
Date: 19-06-2024
Business: PO is on training Programmes, Uttan, Thane
Chetan Traders V/s KS Group
Adv. Kamlesh Varma present for plaintiff.
Adv. Vijay Dubey present for defendant No.2 to No.4.
Authorized representative Arushi Jahagirdar present for Defendant No.3.
Adv. S. R. Soni present for defendant No.6.
By consent Suit adjourned to 26.07.2024.
Next Purpose: HEARING
Next Hearing Date: 26-07-2024
Date: 19-06-2024
Business: PO is on training Programmes, Uttan, Thane
Chetan Traders V/s KS Group
Adv. Kamlesh Varma present for plaintiff.
Adv. Vijay Dubey present for defendant No.2 to No.4.
Authorized representative Arushi Jahagirdar present for Defendant No.3.
Adv. S. R. Soni present for defendant No.6.
By consent Suit adjourned to 26.07.2024.
Next Purpose: HEARING
Next Hearing Date: 26-07-2024
Date: 26-07-2024
Business: Chetan Traders V/s KS Group
Adv. Hardik Desai present for plaintiff.
Adv. Vijay Dubey present for defendant No. 2 to No. 4.
Representative Arushi Jahagirdar present for defendant No.5.
Adv. S. R. Soni present through video conference for defendant No.6.
Adv. Saurabh Gaikwad present for defendant No.7.
Exh.37 - Reply filed by defendant No.5 to Chamber Summons No. 98 / 2024.
Two Notice of Motions and one Chamber Summons are pending for reply / arguments.
Defendant No.6 submitted that, they have also submitted another Notice of motion for dismissal of the Suit.
Parties to complete pleadings and to supply documents to each other. Parties shall file reply and should argue pending applications, by next date, without fail. Else, put for necessary Order.
Suit adjourned to 04.09.2024 for arguments.
Next Purpose: HEARING
Next Hearing Date: 04-09-2024
Date: 26-07-2024
Business: Chetan Traders V/s KS Group
Adv. Hardik Desai present for plaintiff.
Adv. Vijay Dubey present for defendant No. 2 to No. 4.
Representative Arushi Jahagirdar present for defendant No.5.
Adv. S. R. Soni present through video conference for defendant No.6.
Adv. Saurabh Gaikwad present for defendant No.7.
Exh.37 - Reply filed by defendant No.5 to Chamber Summons No. 98 / 2024.
Two Notice of Motions and one Chamber Summons are pending for reply / arguments.
Defendant No.6 submitted that, they have also submitted another Notice of motion for dismissal of the Suit.
Parties to complete pleadings and to supply documents to each other. Parties shall file reply and should argue pending applications, by next date, without fail. Else, put for necessary Order.
Suit adjourned to 04.09.2024 for arguments.
Next Purpose: HEARING
Next Hearing Date: 04-09-2024
Date: 04-09-2024
Business: Adv. Hardik Desai present for plaintiff.
Adv. S.R. Soni present through V.C. for defendant no.6.
Adv. Vijay Dubey present for defendant nos. 2 to 4.
Adv. Saurabh Gaikwad present for defendant no. 7
Representative Ms.Aarushi Jahangirdar present for defendant no. 5.
Later on at 12.50 hrs.
Heard Adv. Hardik Desai on NM No. 103660/2023.
Heard Adv. Vijay Dubey on NM No. 103660/2023.
Defendant No. 5 to argue the Notice of Motion no. 103660/2023 by next date.
Suit adjourned to 10.10.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-10-2024
Date: 04-09-2024
Business: Adv. Hardik Desai present for plaintiff.
Adv. S.R. Soni present through V.C. for defendant no.6.
Adv. Vijay Dubey present for defendant nos. 2 to 4.
Adv. Saurabh Gaikwad present for defendant no. 7
Representative Ms.Aarushi Jahangirdar present for defendant no. 5.
Later on at 12.50 hrs.
Heard Adv. Hardik Desai on NM No. 103660/2023.
Heard Adv. Vijay Dubey on NM No. 103660/2023.
Defendant No. 5 to argue the Notice of Motion no. 103660/2023 by next date.
Suit adjourned to 10.10.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-10-2024
Date: 10-10-2024
Business: M/s. Chetan Traders Vs M/s. KS Group
Adv. Dipti Shah present for plaintiff.
Defendant no.5. representative Aarushi Jahagirdar present.
Defendant no.5 failed to argue Notice of Motion.
Suit is adjourned for Orders.
Suit adjourned to 04.12.2024 for NM Order.
Later on at 13.11 Hrs.
Adv. Dipti Shah present for plaintiff.
Adv. Vijay Dubey present for defendant no.2 to 4.
Adv. Annapurna Gaud present for defendant no.6.
Adv. Saurabh Gaikwad present for defendant no.7.
Suit adjourned to 04.12.2024 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 04-12-2024
Date: 10-10-2024
Business: M/s. Chetan Traders Vs M/s. KS Group
Adv. Dipti Shah present for plaintiff.
Defendant no.5. representative Aarushi Jahagirdar present.
Defendant no.5 failed to argue Notice of Motion.
Suit is adjourned for Orders.
Suit adjourned to 04.12.2024 for NM Order.
Later on at 13.11 Hrs.
Adv. Dipti Shah present for plaintiff.
Adv. Vijay Dubey present for defendant no.2 to 4.
Adv. Annapurna Gaud present for defendant no.6.
Adv. Saurabh Gaikwad present for defendant no.7.
Suit adjourned to 04.12.2024 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 04-12-2024
Date: 04-12-2024
Business: M/s. Chetan Traders Vs. M/s. KS Group
Adv. Rijul Khandare present for plaintiff.
Adv. Vijay Dubey present for defendant No. 2 to No. 4.
Adv. Saurabh Gaikwad present for defendant No. 7.
Exh. 38 - Reply to Notice of Motion No. 3565/24 filed by plaintiff.
As per submissions of the parties, arguments for Notice of Motion No. 103660 is over.
Order in Notice of Motion No. 103660 / 2023 :
Through Notice of Motion No. 103660 / 2023, defendant No. 5 is seeking condonation of delay of 95 days in filing Written Statement.
Perused Record.
Relevant dates for the purpose of adjudication of Notice of Motion No. 103660 / 2023, are as follows :
26.03.2019 - Suit is filed.
03.09.2021 - Against Chamber Summons No. 100671 / 2020, filed by plaintiff, defendant No. 5 is added in the Suit.
01.06.2023 - Defendant No. 5 is served with Suit Summons.
05.06.2023 - Defendant No. 5 appeared in the Suit.
04.10.2023 - Defendant No. 5 filed present Notice of Motion No. 103660 / 2023 for condonation of delay of 95 days in filing Written Statement.
10.01.2024 - Defendant No. 2 to No. 4 opposed said Notice of Motion.
04.09.2024 - Heard Adv. Hardik Desai for plaintiff and Adv. Vijay Dubey for defendant No. 2 to No. 4.
Defendant No. 5 failed to argue the Notice of Motion.
10.10.2024 - As defendant No. 5 failed to argue the Notice of Motion, Suit was adjourned for Orders on Notice of Motion.
Above dates goes to show that, after service of summons on 01.06.2023, defendant No. 5 filed Notice of Motion on 04.10.2023 i.e. after 95 days. Thus, the delay is of 95 days.
Peculiar facts of suit is that, plaintiff has submitted for suitable orders.
Amended First Schedule / Order 5 Rule 1 (1) of the Code of Civil Procedure provides that, defendant is required to file Written Statement within 30 days. In case he fails to file Written Statement, then for reasons to be recorded in writing and on payment of such cost as deems fit, the Court may allow him to file Written Statement, but within 120 days from date of service.
If any party, for technical reasons, is deprived of raising its case, then it may result in improper adjudication. That may lead to complexity in the dispute and may also lead to multiplicity of litigation. If that happens, then it drags the parties into further litigation, causing serious prejudices to them. Hence, it is always in the interest of justice that, both contesting parties are provided sufficient opportunities to raise their contentions and to prove their case.
Considering aforesaid discussion, then in the interest of justice, the Notice of Motion deserves to be allowed, but subject to cost. Considering the fact that, claim amount of Rs. 86,86,847.24/- and delay is of 95 days, then in given facts and circumstances, cost of Rs. 15,000/- (Rs. Fifteen Thousand) would be just, legal and proper. Accordingly, following Order is passed :
ORDER
1. Notice of Motion No. 103660 / 2023 is allowed, subject to payment of Cost of ₹. 15,000/- (₹. Fifteen Thousand Only).
Out of said cost of, ₹. 10,000/- (Rs. Ten Thousand) be paid to plaintiff and ₹. 5000/- (Rs. Five Thousand) be paid to DLSA, Mumbai.
2. Defendant No. 5 shall pay said Cost by next date.
3. If defendant No. 5 pays the Cost by next date, then the delay caused to defendant No. 5, in filing their Written Statement shall stand condoned. Then, Written Statement of defendant No. 5 be taken on record, forthwith.
4. If defendant No. 5 fails to pay the Cost, then the Suit shall proceed further.
5. Parties be informed about their right to challenge this Order and period of limitation for it.
6. Order pronounced in Open Court.
7. Record of Notice of Motion No. 103660 / 2023 shall be part of Commercial Suit No. 100002 / 2019.
8. For convenience of the Lawyers and parties, this Order is also being uploaded in PDF format.
Suit adjourned to 08.01.2025 for Compliance by defendant No 5.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-01-2025
Date: 08-01-2025
Business: M/s. Chetan Traders Vs M/s. KS Group
Adv. Hardik Desai present for plaintiff.
Adv. M B Babu present for defendant no.2 to no.4.
Adv. Aarushi Jahagirdar present for defendant no.5.
Parties to take appropriate steps regarding pending applications.
Suit is of 2019. Parties to expedite.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 12.02.2025 for steps.
Later on at 11.55 Hrs.
Adv. S R Soni present for defendant no.6.
Suit adjourned to 12.02.2025 for steps.
Later on at 14.12 Hrs.
Adv. D S Bavdhane present for defendant no.7.
Exh.39- Reply filed by defendant no.7.
Suit adjourned to 12.02.2025 for steps.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-02-2025
Date: 08-01-2025
Business: M/s. Chetan Traders Vs M/s. KS Group
Adv. Hardik Desai present for plaintiff.
Adv. M B Babu present for defendant no.2 to no.4.
Adv. Aarushi Jahagirdar present for defendant no.5.
Parties to take appropriate steps regarding pending applications.
Suit is of 2019. Parties to expedite.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 12.02.2025 for steps.
Later on at 11.55 Hrs.
Adv. S R Soni present for defendant no.6.
Suit adjourned to 12.02.2025 for steps.
Later on at 14.12 Hrs.
Adv. D S Bavdhane present for defendant no.7.
Exh.39- Reply filed by defendant no.7.
Suit adjourned to 12.02.2025 for steps.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-02-2025
Date: 12-02-2025
Business: Adv. Hardik Desai present for plaintiff.
Adv. Vijay Dubey present for defendant no.2 to no.4.
Adv. S R Soni present for defendant no.6.
Adv. Saurabh Gaikwad present for defendant no.7.
Defendant no.5 representative Aarushi Jahagirdar present.
Exh.40- Authority letter filed by defendant no.5.
O- seen.
Exh.41- Pursis filed by defendant no.5 regarding compliance.
O- seen.
Parties to the Suit to comply Roznama Order dt. 08.01.2025 and proceed further in the matter.
Suit adjourned to 16.04.2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-04-2025
Date: 16-04-2025
Business: Adv. Malcolm Vaz for plaintiff present.
Adv. Babu M. B. for defendants No.2 to 4 present.
Adv. S. R. Soni for defendant No.6 present.
Adv. Saurabh Gaikwad for defendant No.7 present.
The plaintiff to file compliance till 2.45 pm and parties to argue the NM No.1383/2019 at 03.00 pm sharp. It is made clear to all the parties that no adjournment will be granted on any ground at 03.00 pm.
KB, Later on at 04.15 pm
Adv. Jayesh Gawade for plaintiff present.
Adv. Babu M. B. for defendants No.2 to 4 present.
Exh.42 Application for adjournment filed by the plaintiff.
O. Other side to say.
Perused application and say. Heard the Ld Advovates. For the reasons, as and by way of last chance, application (Exh.42) stands allowed with specific direction on the adjoruned date, parties to argue the matter, failing which the Notice of Motion will be dismissed.
Matter stands Adj to for argument on NM on 11-06-2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 11-06-2025
Date: 11-06-2025
Business: Matter pertains to C.R. No.31
Adv. Niyati Parekh for plaintiff present and undertake to file VP on or before next date
Adv. Vijay Dubey for defendant No.D2 to D4 present.
Authorised representative of the deft No.5 Aarushi Jhagindar present.
Adv. S. R. Soni for defendant No.6 present.
Authorised representative of the defendant No.5 presented written statement on behalf of defendant No.5.
Copy be served to other sides.
Matter stands Adj to 07-07-2025 for NM argument.
Later on
Adv. Saurabh Gaikwad for defendant No.7 present.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 07-07-2025
Date: 07-07-2025
Business: Adv. Pradeep Dubey for plaintiff present.
Adv. Vijay Dubey for defendant No.2 to 4 present.
Adv. Saurabh Gaikwad for defendant No.7 present.
Adv. Satish Kumar Soni for defendant No.6 present through VC.
Exh.43 VP filed by advocate for plaintiff.
O. Seen.
Record reveals that plaintiff has not filed reply on NM No.3565/2024. Plaintiff is directed to file reply on NM which defendant No.6 has taken out.
Advocate for the plaintiff is directed to supply/serve the copy of NM No.1383/2019.
In view of Special Mediation Campaign Mediation for Nation dispute is referred for mediation.
Matter stands Adj to 19-08-2025 for mediation report.
Next Purpose: REPORT
Next Hearing Date: 19-08-2025
Date: 19-08-2025
Business: Adv Pratibha Mishra for plaintiff present through VC.
Adv Vijay Dube for defendant no. 2 to 4 present.
Yet mediation report is not received.
Hence, matter stands Adj for awaited mediation report on 01/10/2025.
Next Purpose: REPORT
Next Hearing Date: 17-09-2025
Date: 19-08-2025
Business: Adv Pratibha Mishra for plaintiff present through VC.
Adv Vijay Dube for defendant no. 2 to 4 present.
Yet mediation report is not received.
Hence, matter stands Adj for awaited mediation report on 01/10/2025.
Next Purpose: REPORT
Next Hearing Date: 17-09-2025
Date: 17-09-2025
Business: NOB/TOB
Exh. Mediation forwarding letter received from Mediation Centre.
O. Seen.
Exh. Mediation report. O-Seen.
Matter already adjd to 01-10-2025.
Next Purpose: REPORT
Next Hearing Date: 01-10-2025
Date: 01-10-2025
Business: Adv. Pradeep Dube for plaintiff present.
Adv. Vijay Dubey for defendants No.2 to 4 present.
Adv. S. R. Soni for defendant No.6 present through VC.
Adv. Afreen Shaikh for defendant No.7 present.
Advocate for defendant No.6 submit that he has not received copy of reply filed by plaintiff on Nm No.3565/2024. He further defendant No.6 not even received copy of Notice of Motion 1383/2019. Per Contra, advocate for plaintiff submit reply on NM 3565/2024 was sent by registered Post and defendant No.6 will be getting it. So far as NM No.1383/2019 is concern Advocate for plaintiff submit it was served by previous advocate.
Considering said scenario advocate for plaintiff is directed to serve copy of NM 1383/2019 and plaintiff’s reply on NM 3565/2024 to advocate for defendant No.6 by email.
Plaintiff is directed to file compliance pursis in this regard.
Matter stands Adj to 18-11-2025 for filing compliance pursis.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-11-2025
Date: 18-11-2025
Business: Adv. Pradeep Dubey for plaintiff present through VC.
Adv. Vijay Dubey for defendant No.2 to 4 present.
Adv. S. R. Soni for defendant No.6 present.
Adv. Saurabh Gaikwad for defendant No.7 present.
Advocate for defendant No.6 submit that he received copy of reply filed by plaintiff on NM No.3565/2024
On oral request of advocate for plaintiff, matter stands Adj to 05-12-2025 for argument NM No.3565/2024
Next Purpose: NM ARGUMENTS
Next Hearing Date: 05-12-2025
Date: 18-11-2025
Business: Adv. Pradeep Dubey for plaintiff present through VC.
Adv. Vijay Dubey for defendant No.2 to 4 present.
Adv. S. R. Soni for defendant No.6 present.
Adv. Saurabh Gaikwad for defendant No.7 present.
Advocate for defendant No.6 submit that he received copy of reply filed by plaintiff on NM No.3565/2024
On oral request of advocate for plaintiff, matter stands Adj to 05-12-2025 for argument NM No.3565/2024
Next Purpose: NM ARGUMENTS
Next Hearing Date: 05-12-2025
Date: 05-12-2025
Business: Adv. Pradeep Dube for plaintiff present.
Adv. Nitesh Pandey i/b Vijay Dubey for defendant No.2 to 4 present.
Adv. Hemangi Jadhav h/f Adv. S. R. Soni for defendant No.6 present.
Court is busy in Judgment of time bound matters Com Suit 1202/2021 and 1203/2021.
Matter stands Adj to 28-01-2026 for argument on NM No.3565/2024.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-01-2026
Date: 05-12-2025
Business: Adv. Pradeep Dube for plaintiff present.
Adv. Nitesh Pandey i/b Vijay Dubey for defendant No.2 to 4 present.
Adv. Hemangi Jadhav h/f Adv. S. R. Soni for defendant No.6 present.
Court is busy in Judgment of time bound matters Com Suit 1202/2021 and 1203/2021.
Matter stands Adj to 28-01-2026 for argument on NM No.3565/2024.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-01-2026
Date: 28-01-2026
Business: Adv. Pradeep Dube for plaintiff present.
Adv. Nitesh Pandey i/b Vijay Dubey for defendant No.2 to 4 present.
Adv. S. R. Soni for defendant No.6 present through VC.
Adv. Afrin Shaikh h/f Adv D. G. Gujar for defendant No.7 present through VC.
Kept back for argument on NM 3565/2024.
Later on at 01.10 pm.
Adv. Pradeep Dube for plaintiff present.
Adv. S. R. Soni for defendant No.6 present through VC.
Heard Ld. Advcoate for defendant No.6 and Ld. Advocate for plaintiff on NM 3565/2024.
FRSR following order is passed on NM 3565/2024
ORDER
1. Notice of Motion No. 3565 of 2024 is dismissed.
2. No order as to cost.
3. Order is dictated and pronounced in Open Court.
4. Notice of Motion No. 3565/2024 shall form part of Commercial Suit 2 / 2019.
Matter stands Adj to 24-02-2026 for argument on Ch/Sum No.98/2024.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 24-02-2026
Date: 24-02-2026
Business: Adv. Pradeep Dube for plaintiff present.
Adv. Vijay Dubey for defendant No.2 to 4 present.
None for defendant No.5.
Adv. Afreen Shaikh for defendant No.7 present through VC.
Kept back for argument on Ch/Sum.
Later on at 01.10 pm
Adv. Pradeep Dube for plaintiff present.
Adv. Vijay Dubey for defendant No.2 to 4 present.
None for defendant No.5 and 7.
Adv. G. B. Bharani h/f Adv. S. R. Soni for defendant No.6 present.
Reply filed by defendant No.6 on Chamber Summons. Defendant No.6 strongly objected chamber summons. Along with reply defendant No.7 produced relevant documents which includes ledger account of defendant No.7 with defendant No.1 for a period 01.04.2017 to 31.03.2018 and 01.04.2018 to 31.03.2019. Even prior to argument on chamber summons defendant No.7 produced these documents on record. It is a sufficient compliance of prayer to direct defendant No.7 to grant inspection of documents. In such circumstances, Chamber Summons doesn’t survive against defendant No.7.
Heard Ld. Advocate for plaintiff, Ld. Advocate for defendant No.2 to 4 and Ld. Advocate for defendant No.6 on chamber summons. Reply filed by defendant No.5 vide Exh.37 and reply filed by defendant No.7 vide Exh.39 will be considered as argument on behalf of these defendants.
Order on Chamber Summons No.98/2024
Heard Ld. Advocate for plaintiff, defendant No.2 to 4 and 6. Reply filed by defendant No.5 and 7 is considered as argument on behalf of these defendants by this chamber summons. Plaintiff is seeking direction of this Court to defendant No.5,6, and 7 to grant inspection, production of documents as per schedule annexed with chamber summons. Though there is no relief sought against defendant No.2 to 4, still defendant No.2 to 4 filed reply affidavit.
At the time of filing reply affidavit, defendant No.7 filed all relevant documents including ledger. So Chamber Summons doesn’t survive against defendant No.7. Defendant No.5 objected chamber summons on ground of maintainability of suit and plaintiff failed to follow due process of law. Defendant No.5 denied that plaintiff has rendered service to defendant No.5 through defendant No.1. It is contended that defendant No.5 did not have any contractual of business relation with plaintiff.
Ld. Advocate for plaintiff submit that plaintiff and defendant No.1 are freight forwarding agent and defendant No.5 to 7 are beneficiaries as through defendant No.1 they have availed services of plaintiff. In that context present chamber summons is moved with a request to direct defendant No.5 to 7 to produce all documents relating to business transactions, whereby plaintiff has rendered services to defendant No.5 to 7. Per contra, Ld. Advocate for defendant No.2 to 4 strongly objected chamber summons on ground that it is not within ambit of order 11 Rule 18 of CPC.
Considering rival submissions, contents of affidavit annexed with chamber summons and reply affidavit, I have gone through record and proceeding. As a matter of fact defendant No.1 passed away. Legal heirs of defendant No.1 arrayed as defendants in the suit. It is contention of plaintiff that defendant No.5 to 7 are beneficiaries as they have availed services of plaintiff through defendant No.1. In that context plaintiff is seeking inspection, production of documents.
So far as schedule annexed to chamber summons is concern the documents mentioned in Sr. No.1 to 3 are not specified. Merely it is contended that “all documents relating to business transactions”. So in clause No.1 to 3 of schedule there is no specification of documents of which plaintiff want inspection. Hence, the so called documents mentioned at point No.1 to 3 of schedule can not be ordered to produce.
However, in point No.4 plaintiff contended that defendant No.5 to 7 may be directed to offer inspection or production of ledger account of defendant No.1 in defendant No.5 to 7 books of account for the period from 2017 till date. Considering the specific document, chamber summons can be allowed only to that extent. No prejudice will be caused to defendant No.5 and 6 if they produce such account books on record. Rather for comprehensive decision of suit ledger account/books of account would be helpful. Hence, chamber summons is partly allowed as against defendant No.5 and 6 with a direction that these defendants shall produce on record document mentioned in point No.4 of a schedule attached with chamber summons. Defendant No.5 and 6 are directed to produce said documents on record on or before next date. Hence, Chamber Summons is partly allowed as per above observation and it is disposed off.
Matter stands Adj to 01-04-2026 for compliance by defendant No.5 and 6.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2026
Date: 24-02-2026
Business: Adv. Pradeep Dube for plaintiff present.
Adv. Vijay Dubey for defendant No.2 to 4 present.
None for defendant No.5.
Adv. Afreen Shaikh for defendant No.7 present through VC.
Kept back for argument on Ch/Sum.
Later on at 01.10 pm
Adv. Pradeep Dube for plaintiff present.
Adv. Vijay Dubey for defendant No.2 to 4 present.
None for defendant No.5 and 7.
Adv. G. B. Bharani h/f Adv. S. R. Soni for defendant No.6 present.
Reply filed by defendant No.6 on Chamber Summons. Defendant No.6 strongly objected chamber summons. Along with reply defendant No.7 produced relevant documents which includes ledger account of defendant No.7 with defendant No.1 for a period 01.04.2017 to 31.03.2018 and 01.04.2018 to 31.03.2019. Even prior to argument on chamber summons defendant No.7 produced these documents on record. It is a sufficient compliance of prayer to direct defendant No.7 to grant inspection of documents. In such circumstances, Chamber Summons doesn’t survive against defendant No.7.
Heard Ld. Advocate for plaintiff, Ld. Advocate for defendant No.2 to 4 and Ld. Advocate for defendant No.6 on chamber summons. Reply filed by defendant No.5 vide Exh.37 and reply filed by defendant No.7 vide Exh.39 will be considered as argument on behalf of these defendants.
Order on Chamber Summons No.98/2024
Heard Ld. Advocate for plaintiff, defendant No.2 to 4 and 6. Reply filed by defendant No.5 and 7 is considered as argument on behalf of these defendants by this chamber summons. Plaintiff is seeking direction of this Court to defendant No.5,6, and 7 to grant inspection, production of documents as per schedule annexed with chamber summons. Though there is no relief sought against defendant No.2 to 4, still defendant No.2 to 4 filed reply affidavit.
At the time of filing reply affidavit, defendant No.7 filed all relevant documents including ledger. So Chamber Summons doesn’t survive against defendant No.7. Defendant No.5 objected chamber summons on ground of maintainability of suit and plaintiff failed to follow due process of law. Defendant No.5 denied that plaintiff has rendered service to defendant No.5 through defendant No.1. It is contended that defendant No.5 did not have any contractual of business relation with plaintiff.
Ld. Advocate for plaintiff submit that plaintiff and defendant No.1 are freight forwarding agent and defendant No.5 to 7 are beneficiaries as through defendant No.1 they have availed services of plaintiff. In that context present chamber summons is moved with a request to direct defendant No.5 to 7 to produce all documents relating to business transactions, whereby plaintiff has rendered services to defendant No.5 to 7. Per contra, Ld. Advocate for defendant No.2 to 4 strongly objected chamber summons on ground that it is not within ambit of order 11 Rule 18 of CPC.
Considering rival submissions, contents of affidavit annexed with chamber summons and reply affidavit, I have gone through record and proceeding. As a matter of fact defendant No.1 passed away. Legal heirs of defendant No.1 arrayed as defendants in the suit. It is contention of plaintiff that defendant No.5 to 7 are beneficiaries as they have availed services of plaintiff through defendant No.1. In that context plaintiff is seeking inspection, production of documents.
So far as schedule annexed to chamber summons is concern the documents mentioned in Sr. No.1 to 3 are not specified. Merely it is contended that “all documents relating to business transactions”. So in clause No.1 to 3 of schedule there is no specification of documents of which plaintiff want inspection. Hence, the so called documents mentioned at point No.1 to 3 of schedule can not be ordered to produce.
However, in point No.4 plaintiff contended that defendant No.5 to 7 may be directed to offer inspection or production of ledger account of defendant No.1 in defendant No.5 to 7 books of account for the period from 2017 till date. Considering the specific document, chamber summons can be allowed only to that extent. No prejudice will be caused to defendant No.5 and 6 if they produce such account books on record. Rather for comprehensive decision of suit ledger account/books of account would be helpful. Hence, chamber summons is partly allowed as against defendant No.5 and 6 with a direction that these defendants shall produce on record document mentioned in point No.4 of a schedule attached with chamber summons. Defendant No.5 and 6 are directed to produce said documents on record on or before next date. Hence, Chamber Summons is partly allowed as per above observation and it is disposed off.
Matter stands Adj to 01-04-2026 for compliance by defendant No.5 and 6.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2026
Date: 01-04-2026
Business: None present for plaintiff.
Adv. Vijay Dubey for defendant No.2 to 4 present.
None for defendant No.5.
Adv. Jitender Mehta h/f Adv. Satish Soni for defendant No.6 present.
Adv. Afrin Shaikh for defendant No.7 present through VC.
Matter stands Adj to 05-05-2026 for compliance by defendant no.5 and 6 as per order on Ch/Sum 98/2024.
Later on at 11.25 am
Adv. Pradeep Dube for plaintiff present
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2026
Date: 05-05-2026
Business: Adv. Pradeep Dube for plaintiff present.
Adv. Vijay Dubey for defendant No.2 to 4 present.
Adv. Satish Kumar Soni for defendant No.6 present through VC.
Adv. Afrin Shaikh for defendant No.7 present through VC.
Advocate for defendant No.6 requested to keep back the matter as defendant No.6 will be filing some documents in compliance of order passed on chamber summons 98/2024 on 24.02.2026.
Later on at 02.50 pm.
Adv. Shamli Gaikwad h/f Adv. Satish Soni for defendant No.6 present.
Exh.46 List of documents filed by defendant No.6. O-Seen
Copy be served on other side.
Matter stands Adj to 22-06-2026 for service of NM.
Next Purpose: SERVICE
Next Hearing Date: 22-06-2026
Date: 22-06-2026
Business: Adv. Pratibha Mishra for plaintiff present.
Adv. Vijay Dubey for defendant No.2 to 4 present.
Adv. Satish Soni for defendant No.6 present through VC.
Adv. Afreen Shaikh for defendant No.7 present through VC.
O- Compliance of order dated 05.05.2026 is not complied with by defendant No.6 as the copies of documents at Exh.46 are not supplied to the other side. If not supplied on next date, appropriate order will be passed.
Matter stands Adj to 24-07-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-07-2026
Date: 24-07-2026
Business: None present for plaintiff.
Adv. S. R. Soni for defendant No.6 present through VC and submitted that he made compliance of order dated 05.05.2026 through email.
Adv. Jana Solanke for defendant No.7 present
Matter stands Adj to 04-08-2026 for argument on NM.
Later on at 12.25 pm.
Adv. Pradeep Dube for plaintiff present.
Adv. Vijay Dubey for defendant No.2 to 4 present.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 04-08-2026
Date: 04-08-2026
Business: Adv. Pradeep Dubey for plaintiff present through VC.
Adv. Hemangi Jadhav h/f Satish Kumar Soni for defendant No.6 present through VC.
Adv. Vijay Dubey a/w Adv. A. R. Pandey for defendant No.2 to 4 present.
Matter stands Adj to 30-09-2026 for compliance by defendant No.5.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2026Additional Case Details
Additional Case Details
Filing Number: 103852/2019 Filing Date: 29-03-2019 First Hearing Date: 18th April 2019 Court Number And Judge: 31-COURT 31 ADDL SESSIONS JUDGE
Orders
0No order text is available in this record.
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