SWAL Corporation Ltd.VsVasundhara Fertilizers and Seeds Pvt. Ltd. +2 more

Date: 07-09-2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-10-2019

Date: 11-10-2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff present.
Adv.for defendant present.
Advocate for plaintiff tender original writ of summons.
Advocate for defendant tender vakalatnama.
Ld. counsel for plaintiff tender additional copy of plaint and document to the counsel for defendant.
Matter adjd to 18.12.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Mihir Shah for plaintiff present.
Adv.R.P.Singh for defendant present.
KB.
LO at 2.55p.m.
Advocate for defendant tender draft notice of motion @ affidavit - Leave is granted to register notice of motion.
Advocate for plaintiff filed written say to the notice of motion.
KB.
LO at 3.45p.m.
Advocate for defendant tender register Notice of Motion No. 4869/2019 @ affidavit.
Matter adjd to 19.12.2019  for order on notice of motion.
Next Purpose: NM  ORDERS
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Daily Board
Adv. Mir Shah for plaintiff present.
Adv. R.P.Singh for defendant present.
Matter adjd to 03.01.2020 for hearing in notice of motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: Plaintiff  absent.
Defendant absent.
Adv.Mihir Shah for plaintiff present.
Adv.R.P.Singh for defendant present.
FRSR- Order below in Notice of Motion No. 4869/2019
ORDER
1) Notice of motion no.4869/2019 is made absolute of prayer clause no. a and b.
2) Defendant is permitted to tender written statement.
Advocate for defendant tender written statement.
Copy delivered to the plaintiff.
Matter adjd to 03.03.2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Adv.More for plaintiff present.
Adv.for defendant absent.
K.B.
Adv. R. P. Singh for defendant present.
Issues are framed.
Matter adjd to  07.04.2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2020

Date: 15-07-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 14.10.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Business: Court is on leave. Matter adjd to 02.11.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 09/11/ 2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  23/11/ 2020 for  recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  07/12/2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None for palintiff.
None for defendant.
Matter adjd to 14.12.2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: Adv.Basavaraj Mule for plaintiff present.
None for defendant.
Issues are framed before lockdown. As per the procedure of Commercial Court Act after framing issues it was upon plaintiff to tender program as per Case Managment. However,  plaintiff fail to tender programme of case management. Plaintiff also fail to file statement of truth along with document. Hence the Suit is kept for order.
Adjd to 16.12.2020 for Order.
Next Purpose: ORDER
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Adv.Anirudh Ganu for plaintiff present.
None for defendant.
Adv. for plaintiff submitted that, matter is settle between plaintiff and defendant . However defendant is suffering from Corona and because of that he is unable to come before the Court.
He requested to adjourned matter - Request is accepted.
Adjd to 11.01.2021 for settlement/ Order.
Next Purpose: ORDER
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Adv.Anirudh Ganu a/w. Adv.Basavaraj for plaintiff present.
None present for defendants.
KB
LO
Mr.Prakash Shetty authorised signatory for the plaintiff present.
Adv.Anirudh Ganu for plaintiff present.
Defendant nos.1 and 2 absent.
Adv.Shailendra Khollam, representative of defendants present.
Adv.Mr.Sudhakar Mishra for defendants present.
Consent terms, Exh.7 filed by both the parties.
Both the advocates seek to pledge the matter on 28.01.2021.
Matter adjd to 28.01.2021 for Order on Exh.7.
Next Purpose: ORDER
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Authorised signatory for the plaintiff present.
Adv.Anirudh Ganu for plaintiff present.
Defendant no.2 present.
Adv.Mr.Sudhakar Mishra for defendants present.
With consent the matter posted on 10.02.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Adv.Anirudh Ganu for plaintiff present.
Adv.Mr.Sudhakar Mishra for defendant present.
Ld.Adv.for the plaintiff submit that there are chances of settlement in the suit. He seeks to put up the matter in Lok-adalat.
Matter adjd to 10.04.2021 for Lok-adalat.
Next Purpose: FOR___________________
Next Hearing Date: 10-04-2021

Date: 10-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions  Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 26.04.2021
Next Purpose: FOR___________________
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 11.06.2021.
Next Purpose: FOR___________________
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 08.07.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 12.07.2021 for order on Exh.07
Next Purpose: ORDER
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: As Court is busy in dictating Order in Commercial Suit No.1075/2021.  Hence, Matter is adjd to 02.08.2021 order on exparte.
Next Purpose: ORDER
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 21/08/2021 for order.
Next Purpose: ORDER
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.05 pm
None present. Read the roznama dated 11.01.2021. Parties have filed the consent terms but the defendants were absent. There is no order that consent terms are read and recorded by the Court. Matter is already settled. It is pending for recording of the consent term, hence, matter is referred to lok-adalat. Notice be issued to the parties.
Matter adjd to 25.09.2021 for lok-adalat.
Next Purpose: SETTLEMENT
Next Hearing Date: 25-09-2021

Date: 25-09-2021
Business: Matter pertaining to C.R. No.32
Adv. For plff present.
None present for deft.
Matter Adjd to 04/10/2021.
Adv. Rujuta Lokare       Prof. Vanita Agarwal      H.H.J. Shri D. L. Bhagwat
    Panel Member            Panel Member                    Panel Head
Next Purpose: FOR___________________
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: None present for plaintiff.
None present for defendant.
L.O.
None present.
Keep for order on Exh.07
Matter adjd to 08.11.2021 for order on Exh.07.
Next Purpose: ORDER
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: Adv.Anirudh Ganu for plaintiff present.
None present for defendant.
The Adv.for the plaintiff filed application for withdrawal of suit, Exh.8 t.o.r. He submits that the dispute between the parties is settled and accordingly the plaintiff wants to withdraw the suit. Order on Exh.8-Read the application. Heard the Ld.Adv.for the plaintiff. It appears that the plaintiff has received the due amount as per the settlement. The plaintiff wants to withdraw the suit unconditionally. Hence, permission to unconditionally withdraw the suit is granted. I proceed to pass the order below Exh.1.
ORDER BELOW EXH.1
Read the application, Exh.8 and today\''s order passed thereon. As the plaintiff wants to withdraw the suit  unconditionally, following order is passed.
ORDER
1. Suit is dismissed as withdrawn.
2. Court fee be refunded to the plaintiff as per rules.
3. Application, Exh.7 is disposed off accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 08-11-2021

NOTICE OF MOTION/104869/2019

Filing Number: 103812/2019
Filing Date: 28-03-2019
First Hearing Date: 07th September 2019
Decision Date: 08th November 2021
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE