Date: 12-02-2021
Business: Adv.Ms. Sonal Darbar for plaintiff present.
Adv. Ms. Miloni Gala for defendant present.
Exh-2- Affidavit of service submitted by plff.
Exh.3- V/P of Adv. Mr. Dhiren Shah for deft nos. 1 and 2.
Matter is adjd.to 26.02.2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. Ms. Sonal Darbar for plaintiff present.
Adv. Ms. Miloni Gala for deft. nos. 1 and 2, undertake to serve the copy to the plff. Submitted copy of draft issues.
Exh.4- W.S. submitted by deft nos. 1 and 2, copy supplied to plff.
Exh.5- Issues framed.
Matter is adjd.to 18.03.2021 for List of witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv. Ms. Smita Durve h/f adv. Gada for plff., prayed for adjd.
Adv. Ms. Mittal Gada I/b adv. Hiren Shah for deft. present.
Issues are noted by both side.
Both side to submit list of witness and schedule of Case management hearing.
Matter is adjd.to 16.04.2021 for list of witnesses and
case management hearing.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-04-2021
Date: 16-04-2021
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 25.06.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: Due to COVID
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Adv. Sonal for plaintiff present and filed application for converting commercial suit into summary suit t.o.r. marked as Exh.6
None for defendant.
Matter is adjd.to 12-08-2021 for Reply on Exh. 6.
Next Purpose: REPLY
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. Sonal Darbar for plaintiff present.
Adv. Mamta Harwani I/b Adv. Dhiren Shah for defendant no. 1 present and sought time for filing reply to Exh. 6. Short date taking on 31-08-2021.
Matter is adjd.to 31-08-2021 for filing reply to Exh. 6
Next Purpose: REPLY
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: Adv. Sonal Darbar for plaintiff present.
Adv. Mittal Gada for defendant present and filed reply to application Exh. 6 t.o.r. marked as Exh. 6A.
Matter is adjd.to06-09-2021 for Arg. on Exh. 6A
Next Purpose: ARGUMENTS
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Advocate Sonal Darbar for Plaintiff present
Advocate Miloni Gala for Defendant present.
Heard arguments of both sides.
F.R.S.R Order passed on Exh.6
- ORDER -
Application Exh.6 is rejected.
Matter is adjd.to 21-10-2021 for Case Management
Hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: None for plaintiff.
Adv. Nikita Ghungarde i/b Adv. Dhiren Shah for defendant present.
Matter is adjd.to 09-11-2021 for case management hrg.
LO
Adv. Sonal Darbar for plaintiff present.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv. Sonal Darbar for plaintiff present.
Adv. Nikita Ghungarde for defendant present.
Heard on the point of case management hearing.
Schedule of trial determined after case management hearing – Exh. 7
Adv. for the defendant 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.
Matter is adjd.to 23-11-2021 for filing statement of truth
by defts and admission/denial and filing list of witness by both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Advocate Smita Durve h/f Advocate Priti Gada for plaintiff
present. None for Defendant. L.O.
Advocate Miloni Gala i/b Dhiren Shah for Defendant present
and filed statement of truth in support of written statement
Exh.4 t.o.r. and marked as Exh.8.
She also filed list of witnesses t.o.r. and marked as Exh.9.
Matter is adjd.to 23-12-2021 for filing affidavit of
admission/denial of documents and by the defendant.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: None for plaintiff.
Adv. Miloni Gada for defendants present and filed statement of admission and denial of documents with supporting affidavit t.o.r. and marked as Exh. 10
Matter is adjd.to 18-01-2022 for filing list of witness by
plaintiff.
LO
Adv. Preeti Gada for plaintiff present.
Next Purpose: FOR___________________
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: None for plaintiff.
Adv. Miloni Gala for defendant present.
Matter is adjd.to 10-02-2022 for filing list of witness by pltff.
Next Purpose: FOR___________________
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: Adv. Sonal Darbar for plaintiff present and prayed for adjournment – short date be given.
Adv. Miloni Gala for defendant present.
Matter is adjd.to 03-03-2022 for list of witness by pltiff.
Next Purpose: FOR___________________
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Adv. Preeti Gada for plaintiff present and tendered draft C/S with supporting affidavit t.o.r. and Leave is granted to register the C/S.
Adv. Nikita Ghungarde for defendant present.
Adv. Preeti Gada for plaintiff placed on record copy of draft C/S for defendant.
Matter is adjd.to 22/3/2022 for Evidence affidavit of the
plaintiff and filing registered C/S
Next Purpose: FOR___________________
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: None for plaintiff.
None for defendant
Matter is adjd.to 16-04-2022 for evidence affidavit of
plaintiff and filing regisered C/S.
Next Purpose: FOR___________________
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: Adv. Rasesh Shah for plaintiff present and filed registered CHS No.319/22 with supporting affidavit.
Adv. Miloni Gala for defendant present and filed affidavit in reply in CHS No.319/22.
Adv. Rasesh Shah for plaintiff received copy of affidavit in reply in CHS No.319/22.
Matter is adjd.to 30-04-2022 for C/S Hrg.(2.45pm)
Next Purpose: C/S HEARING
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Adv. Rasesh Shah for plaintiff present and submitted that Adv. Preeti Gada is going to argue in C/S No. 319/22 and she is not available today. He prayed for adjournment - granted.
Adv. Miloni Gala for defendant present.
Matter is adjd.to 21-06-2022 for C/S Hrg. (2.45pm)
Next Purpose: C/S HEARING
Next Hearing Date: 21-06-2022
Date: 21-06-2022
Business: Adv. Sonal Darbar for plaintiff present and seeks time to take steps against defendant.
None for defendant when called.
Adjd for taking steps to 21/07/2022
L. O
Adv. Miloni Gala for defendant present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Adv. Jayesh Gawand for defendant present and requested for adjournment.
Adv. Priti Gada for plaintiff present.
Adv. for plaintiff tendered pursis along with copy of order of NLCT in CP IB/497MB 2021 dt. 27.04.2022. It is marked as Exh.11 O- other side to say.
Defendant is directed to inform the court about the exact position of insolvency proceeding.
Adjd for say to 04/08/2022
Next Purpose: REPLY
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Jitendra Gupta for plaintiff present.
Adv. Jayesh Gawand for defendant present.
Adv. for defendant tendered pursis at Exh.12 to take on record order of NCLT in CP IB 494/MB/2021
Adjd for reply to 20/09/2022
Next Purpose: REPLY
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: Adv. Jitendra Gupta for plaintiff present and submitted that proceeding before NCLT is pending.
Adv. Jayesh Gawand for defendant present.
Adjd for reply to 22/11/2022
Next Purpose: REPLY
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: Adv. Sumit Tirthani for plaintiff present.
Adv. Jayesh Gawand for defendant present
Adv. for defendant submitted that till date proceeding before NCLT is pending and sought time - time granted
Adjd. to 03.01.2023 for reply
Next Purpose: REPLY
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: Adv. Jitendra Gupta for plaintiff present. None for defendant
Heard adv. for plaintiff.
Keep back in afternoon session
L. O at 3.20 pm
Adv. Pallavi Joshi for defendant present.
Adv. for defendant submitted that she has not received the copy of Exh.11. She further submitted that she will file say on Exh.11 on next date.
Adjd for say on Exh.11 to 27/01/2023
Next Purpose: REPLY
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Adv Priti Gada for plaintiff is present.
Adv Mamta Harwani for defendant is present.
Defendant is directed to file further report of the NCLT proceeding
copy of Exh.11 is served to the defendant by the plaintiff.
Case is adjourned for filing report to 10-03-2023.
Next Purpose: REPORT
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: None for plaintiff.
Adv. Mamta Harvani for defendant present and sought time for further report of NCLT proceeding.
Case is adjourned on 26.04.2023 for report.
Next Purpose: REPORT
Next Hearing Date: 26-04-2023
Date: 26-04-2023
Business: Adv. Jitendra Gupta for plaintiff is present.
None for defendant.
Defendant is directed to file further report of NCLT proceeding.
Case is adjourned for report to 27-06-2023.
Next Purpose: REPORT
Next Hearing Date: 27-06-2023
Date: 27-06-2023
Business: Jayvanti Jawahar Mamaniya Vs Arth Enterprises HUF
Plaintiff side called, but absent.
Adv. Hiteeksha Doshi present for defendant.
She is seeking oral adjournment for appropriate step.
Matter adjourned to 20.09.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-09-2023
Date: 20-09-2023
Business: Jayvanti Jawahar Mamaniya Vs Arth Enterprises HUF and Anr.
Court hall shifted from 3rd Floor to 1st Floor on 16.09.2023.
Intern Priti Laddha present for plaintiff.
Adv. Manisha Prajapati present for defendant.
Exh.13 - Application filed by defendant for filing Report of NCLT Proceeding
Perused roznama dated 21.07.2022 and onwards.
Matter adjourned to 13.01.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-01-2024
Date: 13-01-2024
Business: 15.01.2024
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Matter was listed on 20.09.2023 and then it was adjourned to 13.01.2024. However on 13.01.2024, it being 2nd Saturday, it was a holiday. Hence the suit is taken on immediate next working day i.e. 15.01.2024.
Adv. Preeti Gada present for plaintiff.
Adv. Mamta Harwani Present for defendant.
Both are seeking oral adjournment to take appropriate steps.
Case adjourned to 14.02.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: Jayvanti Mamaniya V/s Arth Enterprises
All called, but absent.
Perusal shows that, defendant want to file report of NCLT proceeding (roznama 20.09.2023)
Plaintiff has filed Chamber Summons No.100319 / 2022 which is pending since 03.03.2022.
Parties granted last opportunity to take steps.
Case adjourned to 03.05.2024 for steps.
Later on at 12.12 Hrs.
Adv. Namrata Tripathi present for defendant.
Exh.14 - Application filed by defendant regarding NCLT proceeding.
Plaintiff to file Reply to Exh.14.
Case adjourned to 03.05.2024 for reply on Exh.14.
Next Purpose: REPLY
Next Hearing Date: 03-05-2024
Date: 03-05-2024
Business: Jayvanti Mamaniya V/s Arth Enterprises
PO is on leave
Adv. Vanshika Mahajan present for plaintiff.
Adv. Manish Prajapati present for defendant.
By consent Suit adjourned to 03.09.2024
Suit adjourned to 03.09.2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 03-09-2024
Date: 03-09-2024
Business: Adv. Vanshika Mahajan present for plaintiff.
Adv. Riddhi Dhamecha present for defendant.
Exh.13 is pending for reply of the plaintiff.
Suit adjourned to 10.12.2024 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-12-2024
Date: 10-12-2024
Business: Jayvanti Jawahar Mamaniya Vs Arth Enterprises HUF
Adv. Preeti Gada present for plaintiff.
Adv. Manisha Prajapati present for defendant.
Both submitted that, NCLT proceedings are going on.
Parties to take appropriate steps.
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 02.04.2025 for steps.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-04-2025
Date: 02-04-2025
Business: None present for plaintiff.
Matter stands Adj for necessary order as plantiff failed to take steps on 11-06-2025.
Next Purpose: ORDER
Next Hearing Date: 11-06-2025
Date: 11-06-2025
Business: Court is vacant
Next Purpose: ORDER
Next Hearing Date: 07-07-2025
Date: 07-07-2025
Business: Adv. Vanshika Mahajan for plaintiff present.
Adv. Manisha Prajapati i/b Adv. Dhiren Shah for defendants present.
Heard both advocates on chamber summons.
FRSR following order is passed on Chamber summons No.319/2022
ORDER
1. Chamber Summons No. 319 of 2022 is allowed.
2. Plaintiff is permitted to carry out amendment as prayed for till next date and shall supply copy of amended plaint to defendant.
3. Chamber Summons No. 319 of 2022 is disposed of accordingly.
4. Order is dictated and pronounced in Open Court.
5. The record of Chamber Summons shall be part and parcel of main Commercial Suit No. 03 / 2021.
Matter stands Adj to 11-09-2025 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-09-2025
Date: 11-09-2025
Business: None present for plaintiff.
Adv. Manisha Prajapati i/b Adv. Dhiren H. Shah for defendant present.
Plaintiff though carried out amendment in the plaint but not submitted amendment plaint. Hence, plaintiff is directed to tender on record amendment plaint and supply its copy to other side.
Matter stands Adj for compliance on 03.11.2025.
Later on at 12.39 pm
Adv. Preeti Gada for plaintiff present.
Exh.1/1- Copy of amended plaint filed by plaintiff.
Matter stands Adj for steps on 03.11.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-11-2025
Date: 03-11-2025
Business: Adv. Preeti Gada for plaintiff present through VC.
Adv. Manisha Prajapati for defendant present through VC.
Advocate for plaintiff submit that copy of amended plaint is served on defendant by email. Record shows that NCLT proceeding is pending, in such circumstances, matter stands Adj to 19-01-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-01-2026
Date: 19-01-2026
Business: Adv. Vanshika Mahajan for plaintiff present.
Adv. Mehendi Nakrani for defendant present through VC.
In view of NCLT proceeding, matter stands Adj to 09-04-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-04-2026
Date: 09-04-2026
Business: Adv. Vanshika Mahajan for plaintiff present through VC.
Adv. Manisha Prajapati for defendant present through VC.
Matter stands Adj to 08-06-2026 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-06-2026
Date: 08-06-2026
Business: Adv. Vanshika Mahajan for plaintiff present through VC.
Adv. Manisha Prajapati for defendant present through VC.
O- No any reply is filed by the plaintiff on Exh.13 in respect of NCLT proceeding pending against the defendant. As per Adv. Prajapati, the proceeding is still pending. IN view of the same, Adv. Mahajan to argue on next date whether the present proceeding can proceed or not.
Matter stands Adj to 02-07-2026 for steps/ argument.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-07-2026
Date: 02-07-2026
Business: Adv. Vanshika Mahajan h/f Adv. Preeti Gada for plaintiff present and made submission at bar that the plaintiff has no objection to keep the matter sine die till the outcome of the NCLT proceeding.
Adv. Manisha Prajapati for defendant present through VC
Order Perusal of the application Exh.13 along with order of Honble NCLT Mumbai in CP(IB)/494/2021 dated 27.04.2022 and further order dated 26.09.2023 the Resolution Professional is already appointed. In view of the same and no objection given by Adv. Mahajan, I am of view that, the present suit needs to be stayed and kept in abeyance till the outcome of the final order of Honble NCLT.
Matter stands Adj to 12-10-2026 steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-10-2026