Armour Polymers Limited - Applicant - Gopika Santosh GulwadiVsMs Salpra Pharmaceuticals And Chemicals And Ors

Date: 04-04-2018
Business: Adv. Gidwani for applicant in C/s present and tendered original C/s 559/18 t.o.r.
Adv. M.H. Raval for plff. tendered reply in C/s
Adv. Priyanka Fadiya present for defendant.
Matter is adjd for C/s hearing on 19/04/2018
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 19-04-2018

Date: 19-04-2018
Business: Adv Gidwani for applicant present.
Adv. Rawal for plaintiff present.
Adv. Fariya for defendant no.01 and 02 present.
Matter is adjd to 06/06/2018 for C/s hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 06-06-2018

Date: 06-06-2018
Business: Both the parties and advs are absent.
Adjd to 3/07/2018 for hearing on chamber summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-07-2018

Date: 03-07-2018
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 17-09-2018

Date: 17-09-2018
Business: Court is vacant.
Next Purpose: C/S  HEARING
Next Hearing Date: 13-12-2018

Date: 13-12-2018
Business: Advocate for both the parties present.
Adv. prem Gidwani for applicant present
Adv. M.S ravat for plaintiff present.
Adjd for hearing to 24/01/2019
Next Purpose: C/S  HEARING
Next Hearing Date: 24-01-2019

Date: 24-01-2019
Business: Adv. Shashank Fadia for defendant No. 1 and 2 present
Minal Bhosle company secretary of plaintiff company present and states that the advocate is not able to come.
Adjd for hearing to 03/05/2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 03-05-2019

Date: 03-05-2019
Business: Adv. M. S. Rawal for plaintiff present.
Adv. Shashank N. Fadia for defendant No. 1 and 2 present.
Adv. for defendant stated that the Notice of Motion is filed to set aside the ex-parte decree. The suit is for recovery of money therefore there is possibility of settlement between the parties as the amount involved is around Rs. 9 lacs as per contents of the plaint. Hence referred to mediation.
Adjd for NM for hearing/mediation report  to 04/07/2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: Adv. for plaintiff present.
Adv. for defendant present.
Adjd for CS hearing to 16/07/2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-07-2019

Date: 16-07-2019
Business: Court is on leave
Next Purpose: C/S  HEARING
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: Adv. M. S. Rawal for plaintiff present.
Adv. Shashank Fadia for defendant present.
Adv. Ganesh Lambade I/b Prem Gidwani for applicant present.
Adjd for NM arguments to 20/08/2019
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: Adv. M. H. Rawal for plaintiff present.
Adv. for applicant present.
Adv. Fadia for JD present.
Adv. for DH and JD are present before the court. On perusal of roznama and history of the execution proceeding is disposed of by the concerned clerk but the roznama dt. 17/02/2018 has no order of disposal. On the contrary the DH has tendered the warrant for movable property under Order 21 Rule 64 of CPC. The execution proceeding is not concluded on perusal of the record and the earlier roznama. Hence concerned clerk is directed to take Execution proceeding No. 324/17 by correcting the CIS entry.
Heard Adv. Fadia for JD and Adv. M. H. Rawal for plaintiff.
Call record and proceeding of summary suit No. 203/1998 to effectively decide the notice of motion filed by the defendant No. 1 and 2 to set aside the ex-parte decree.
Adjd for CS argument to 30/08/2019.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 30-08-2019

Date: 30-08-2019
Business: Adv. Rawal for DH present.
Adv. Fadia for defendant present.
Adjd for orders to 31/08/2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 31-08-2019

Date: 31-08-2019
Business: Adv. Rawal for plaintiff present.
Adv. Fadia for defendant present.
Order in NM No. 1074/18 is declared at 1.45 pm
FRSR the following order is passed in NM No. 1074/18 in SC No. 7609/98
                                       ORDER
1. The Notice of Motion is allowed on payment of cost of Rs. 20,000/- to the plaintiff.
2. The decree dated 10/06/2015 against defendant No. 1 and 2 is set aside on deposit of the decreetal amount alongwith interest till date in the court within one month from the date of the order failing which Notice of motion stands dismissed.
3. On payment of the above cost within the above period the defendant is allowed to file written statement within one month.
4. On deposit of the decreetal amount by the defendant the same be kept in fixed deposit of Nationalised bank.
5. Accordingly, Notice of motion is disposed of.
Adjd for hearing to 30/09/2019
Next Purpose: HEARING
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: Adv. Mr. Rawal for DH present
Adv. Mr. Fadia for JD present.
Exh- 2 Consent terms.
Both the advocates stated that the execution proceeding is settled between the parties as per the consent terms.
When asked whether the persons who have signed the consent terms are having authority to sign and execute the consent terms on behalf of the company. The authority letter is not available today with the parties.
Adjd for compliance to 04/11/2019
Next Purpose: COMPLIANCE
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: FRSR the following order is passed in CS No. 559/18
                                     ORDER
The execution petition is satisfied and disposed of. Hence, the attachment of movable property i.e. (i) one General Window AC laying in the Bed room No. 1, (ii) one LG Washing Machine and one Samsung double door refrigerator both lying in the kitchen and (iii) one Sharp LCD Tv LD 32L400M lying in the bedroom No. 1, all lying in 5, Hirak Society, S. V. Road, Irla Bridge, Mumbai 400056 is removed and accordingly Chamber summons is disposed of.
Nature Of Disposal: ALLOWED
Disposal Date: 04-11-2019

Main Case No: EXECUTION APPLN/0100324/2017
Main Cnr: MHCC010080622017
Main Filing No: -

Filing Number: 104353/2018
Filing Date: 22-03-2018
First Hearing Date: 04th April 2018
Decision Date: 04th November 2019
Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE