Shrigun Pharmachem Pvt LtdVsCumballa Hill Hospital and Heart Institute

Date: 21-01-2019
Business: None for Plaintiff.
None  for Defendant.
Matter is adjd. to 26/03/2019 for Service report.
Next Purpose: REPORT
Next Hearing Date: 26-03-2019

Date: 26-03-2019
Business: None present
Matter is Adjd for Affidavit of Service to 23/07/2019
L.O
Adv for plaintiff present
Adv for plaintiff submitted Affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: Adv Parkshit Desai for plaintiff.
None for defendant.
Adjd for service on 7/11/2019
Next Purpose: SERVICE
Next Hearing Date: 07-11-2019

Date: 07-11-2019
Next Purpose: SERVICE
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: None present.
Adjd to 22.04.2020 for service
Next Purpose: SERVICE
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Next Purpose: SERVICE
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: National Lockdown
Next Purpose: SERVICE
Next Hearing Date: 15-07-2020

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

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

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

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Business: Court is on leave. Matter adjd to 07.11.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  26/11/ 2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 23.12.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-12-2020

Date: 23-12-2020
Business: Wrongly posted on todays board.
Matter adjd to 04.01.2021 for Service.
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 25.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 23.02.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: In view of notesheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dated 07.02.2019 and notesheet forwarded by the Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit is required to be reverted back to the original Court. Therefore, the suit be removed from the list of Commercial Court matters of this Court.
Next Purpose: SERVICE
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: In view of the office orders the matter be placed before the new allotted Court on 16.04.2021.
Next Purpose: SERVICE
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Due to Covid-19 pandemic none appeared.
Matter is adjd to 06/07/2021 for Service
Next Purpose: SERVICE
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 04.09.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: Court is Vacant
Next Purpose: SERVICE
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: Both parties and advocates are absent.
Adjd.  to. 07.02.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As holiday declared by government to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshker matter adjd to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: PO is on training.  Matter adj. toAdvocate Ms. Saloni Shah for plaintiff preesnt.
None for defendant.
Affidavit of service not filed by plaintiff.
Matter is adjd. for service to 04-08-2022.
Next Purpose: SERVICE
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: As Court busy in admission/denial in Suit Nos.3886/2012, 3932/2012, 3934/2012, 3936/2012 and 3939/2012 and argument of issues in Suit Nos.6868/2001 and 264/2015, hence, board is discharged.
Matter adjourned to 19.10.2022 for taking steps.
Next Purpose: SERVICE
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: None for plaintiff.
Though the suit is originally filed in the year 2018, till date plaintiff failed to serve the writ of summons on the defendant sole and to file service affidavit to that effect.  Therefore plaintiff to take proper steps to serve the defendant, else suit would stand dismissed in default.
Matter is adj to 16/12/2022 for dismissal.
Later on at 12.06pm
Adv.Soloni Shah for plaintiff present and submits that plaintiff has filed affidavit of service on 19/03/2019.
On perusal of roznama it appears that plaintiff has filed affidavit of service on 26/03/2019.  However the copy of affidavit of service is not found on record.
Ld. Advocate for plaintiff tendered photo copy of said affidavit. (Exh-2)
From the said copy it transpires that defendant is served with the writ of summons through bailiff on 07/12/2018. As such service is complete.
In spite of the service of writ of summons defendant failed to cause appearance.  But it appears that the stage of the suit is wrongly mentioned as await service.  No formal order of ex-parte is passed.
In view of the above scenario, suit to proceed ex-parte.
Ld. Advocate for plaintiff has filed affidavit of examination-in-chief of Shri.Jaideep Doshi same is read and recorded (Exh-3).
Adv. for plaintiff also filed list of documents (Exh-4)  Order-Filed.
It needs to be noted that meanwhile suit was transferred to commercial court and later on again suit came to be re-assigned to this court as Summary Suit.  Therefore, plaintiff to serve copy of affidavit-in-chief  to the defendant and filed affidavit of service.
Matter is adj to 16/12/2022 for report.
Next Purpose: REPORT
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: Adv.Saloni Shah for plaintiff present.  She filed affidavit of service of affidavit-in-chief filed by the plaintiff, as per order dated 19/10/2022.
Matter is adj to 13/02/2023 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: None for plaintiff.
None for defendant (Ex-parte).
Matter is adj to 24/04/2023 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
None for plaintiff.
None for defendant (Ex-parte).
Matter is adj to 11/07/2023 for ex-parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-07-2023

Date: 11-07-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Parikshit Desai for plaintiff is present.
Matter is adj to 20.09.2023 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-09-2023

Date: 20-09-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Parikshit Desai for plaintiff is present.
Adv. Advait Raorane i/b Vertices Partners for defendant is present and filed Vakalatnama. He also tendered draft Notice of Motion  for setting aside ex-parte order and filing VP. along with affidavit in support. O-Leave granted to register the draft NM.
Ld. counsel for plaintiff stated to have received the copy of draft  NM.
Matter is adj to 20.11.2023 for tendering registered NM and reply to NM.
Next Purpose: REPLY
Next Hearing Date: 20-11-2023

Date: 20-11-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Parikshit Desai with Adv. Vipin Singh for plaintiff is present.
Adv.Advait Raorane i/b Vertices Partners for defendant is present and tendered registered NM No. 3575/23 along with affidavit in support.
Counsel for plaintiff filed reply to NM No. 3575/23. TOR.
Counsel for defendant stated to have received the copy of reply to NM No.3575/23.
Matter is adj to 22.01.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2024

Date: 22-01-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 1.38 pm
Adv. Prikshit Desai with Adv. Vipin Desai for plaintiff is present.
Heard counsel for the plaintiff on Notice of Motion No.3575/2021.
Keep back.
Later on at 3.10 pm
The defendant and his counsel are absent.
Matter is adj to 06.02.2024 for hearing on notice of Motion No.3575/21 by the defendant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2024

Date: 06-02-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
keep back.
Later on at 1.56 pm
Adv. Aayushi Singh for plaintiff is present.
Adv. Advait Raorane i/b Vertices Partners for defendant is present.
Matter is adj to 18.03.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Parikshit Desai for plaintiff is present.
The defendant and his counsel are absent.
Keep back.
Later on to 3.21 pm
Adv. Advait Raorane i/b Vertices Partners for defendant is present and requested for adjournment. Adjournment is granted as last chance.
Matter is adj to 01.04.2024 for hearing on notice of motion of counsel for the defendant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2024

Date: 01-04-2024
Business: Court is on half day leave(first session).
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-06-2024

Date: 11-06-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Parikshit Desai for plaintiff is present.
The defendant and his counsel are absent.
The defendant was given last chance to argue on the notice of motion. The defendant failed to argue notice of motion. Hence, notice of motion be keep for order.
Matter is adj to 24.06.2024 for Order on notice of motion.
Later on at 1.39 pm
Adv. Advait Raorane i/b Vertices Partners for defendant is present.
Heard counsel for the defendant on Notice of Motion No.3575/23.
Matter is adj to 24.06.2024 for Order on notice of motion.
Next Purpose: NM  ORDERS
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Parikshit Desai for plaintiff is present.
The defendant and his counsel are absent.
FRSR following order is passed on NM No.3575/23
Order
1.Notice of motion  No. 3575 of 2023 is allowed.
2.The delay of 11 months to set aside ex-parte order dated 19/10/2022 is condoned and ex-parte order passed against defendant is set aside subject to costs of Rs. 2,000/- to be  paid to the plaintiff on or before next date.
3.Notice of Motion No. 3575 of 2023 is disposed of  accordingly.
Matter is adj to 20.08.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2024

Date: 20-08-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Riya Shah i/b Adv. Parikshit Desai for plaintiff is present.
The defendant and his counsel are absent.
Keep back.
Later on at 1.37 pm
Adv. Riya Shah i/b Adv. Parikshit Desai for plaintiff is present.
Adv. for defendant is present and submitted that costs of Rs. 2,000/- paid to plaintiff by Demand Draft.
Matter is adj to 14.10.2024 for taking steps by the plaintiff/filing Summons for judgment.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-10-2024

Date: 14-10-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. for plaintiff is present and requested for adjournment to take steps.
The defendant and his counsel are absent.
Matter is adj to 17/12/2024 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-12-2024

Date: 17-12-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Plaintiff  is given last chance to take steps.
Matter is adj to 12.02.2025 for steps.
Later on at 1.20pm
Adv. Parikshit Desai for plaintiff is present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-02-2025

Date: 12-02-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Parikshit Desai for plaintiff is present.
Adv. Divyanshu Gupta for defendant is present.
Matter is adj to 26.03.2025 for
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-03-2025

Date: 26-03-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Parikshit Desai for plaintiff is present through video conferencing
The defendant and his counsel are absent.
Keep back for filing draft NM and SJ
Later on at 3.06 pm
Adv. Vipin Singh i/b Adv. Parikshit Desai for plaintiff is present and filed draft Notice of Motion to condon delay to file Summons for judgment along with affidavit in support and draft Summons for judgment and its . O-Leave is granted to register the draft Notice of Motion.
The defendant and his counsel are absent.
Matter is adj to 06.05.2025 for filing registered notice of motion and affidavit of service of it.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-05-2025

Date: 06-05-2025
Business: P.O. IS ON LEAVE
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-07-2025

Date: 01-07-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Parikshit Yadav for plaintiff is present and filed registered Notice of Motion No.2331/25 along with affidavit in support.
The defendant and his counsel are absent.
Matter is adj to 25.07.2025 for filing affidavit of service and reply to Notice of Motion.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-07-2025

Date: 25-07-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Riya Shah h/f Adv. Parikshit Desai for plaintiff is present through video conferencing
The defendant and his counsel are absent.
Keep back for filing affidavit of service.
Later on at 12.23 pm
Adv. Parkshit Desai for plaintiff is present and filed affidavit of service of notice of motion. Taken on record. On perusing affidavit of service, it appears that notice of motion sent to the defendant through RPAD, is returned with left. Service is incomplete. Hence, plaintiff to take steps to serve notice of motion to defendant.
Matter is adj to 19.08.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-08-2025

Date: 19-08-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Parikshit Desai  for plaintiff is present.
Matter is adj to 19.09.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-09-2025

Date: 19-09-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Parikshit Desai for plaintiff is present and filed draft Chamber Summons for substituted service of summons along with affidavit in support. O-Leave is granted to register the draft Chamber Summons.
The defendant and his counsel are absent.
Matter is adj to 15.10.2025 for filing registered Chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-10-2025

Date: 15-10-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Parikshit Desai for plaintiff is present through video conference  and filed registered Chamber summons No.2385/25  along with affidavit in support.
The defendant and his counsel are absent.
Heard counsel for plaintiff on Chamber summons.
Order below CS No.2385/25
Perused chamber summons and record. Heard Ld. Counsel for the plaintiff. It is submitted on behalf of plaintiff that plaintiff wants to serve notice of motion No. 2331/25 on defendant through email or by alternative mode of service. Further, it is the contention of the plaintiff that notice of motion was sent to the defendant by registered post. However, it is returned with remark left-institute closed now. Therefore, plaintiff wants to serve notice of motion by substitute service i.e. through email of defendant. Plaintiff has filed one correspondence between representative of defendant to the plaintiff vide email dated 16.05.2019(Exh-B). Thus, on perusing record, it appears that plaintiff tried to serve notice of motion for condonation of delay to file Summons for judgment to the defendant. However, it is returned unserved. Therefore, I am of view that it is necessary to allow plaintiff to serve notice of motion 2331/25 to defendant through email i.e. m.yadav@acicancer.com and amit@verticespartnrs.com. Hence, I proceed to pass following order-
Order
1.Chamber summons No.2385/25 is hereby allowed.
2.Plaintiff is directed to serve Notice of Motion No.2331/25 to defendant on email address i.e. m.yadav@acicancer.com and amit@verticespartners.com through Court email.
Matter is adj to 02.12.2025 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-12-2025

Date: 02-12-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Parikshit Desai for plaintiff is present and filed affidavit of service of Notice of Motion. Taken on record.
The defendant and his counsel are absent.
Matter is adj to 12.01.2026 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-01-2026

Date: 12-01-2026
Business: Court is on half day leave(in morning session).
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-02-2026

Date: 24-02-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Plaintiff is given last chance to file registered Chamber summons.
Matter is adj to 09.04.2026 for filing registered Chamber summons.
Later on at 1.36 pm
Adv. Parikshit Desai for plaintiff is present and filed an application for extension of time to register Chamber summons. TOR and marked as Exh-5. O-Time is extended to register Chamber summons.
Matter is adj to 09.04.2026 for filing registered Chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-04-2026

Date: 09-04-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv Darshan Sutar for plaintiff is present and filed affidavit of service of NM no. 2331/2025 for condonation of delay in filing SJ. TOR.
Defendant and his advocate absent.
kept back
later on at 12.47 pm
Adv for plaintiff is present and filed affidavit of service of NM no. 2331/2025 to the defendant. TOR.
Matter is adj to 06-05-2026 for filing reply on NM.
                                                                                              Judge
Next Purpose: REPLY
Next Hearing Date: 06-05-2026

Date: 06-05-2026
Business: Adv. Darshan Sutrar for plaintiff is present through video conferencing
The defendant and his counsel are absent.
Matter is adj to 16-06-2026 for Reply to NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-06-2026

Date: 16-06-2026
Business: Both parties and their advocate are absent.
The defendant is given last chance to file reply on NM.
Matter is already adj to 20-07-2026 for reply on NM.
Later on at 12.10 pm
Adv. Parikshit Desai  for plaintiff is present through video conferencing
Matter is already adj to 20-07-2026 for reply on NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-07-2026

Date: 20-07-2026
Business: P. O. is on leave, so matter is adjourned to.....
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2026

Date: 25-08-2026
Business: P O IS ON LEAVE, So Matter is Adjourn to.....
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2026

CHAMBER SUMMONS/102385/2025
NOTICE OF MOTION/102331/2025
NOTICE OF MOTION/103575/2023

Registration Number: 100176/2021
Transfer Date: 13-03-2020
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 32 -

Registration Number: 100176/2021
Transfer Date: 26-03-2021
From Court: 32 - COURT 32 ADD. SESSIONS JUDGE
To Court: 59 - Court 59 ADDL SESSIONS JUDGE

Registration Number: 100176/2021
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100176/2021
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 104376/2018
Filing Date: 22-03-2018
First Hearing Date: 21st January 2019
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE