Date: 29-09-2020
Business: By praecipe matter is taken on today\''s board.
Adv. Matkar for plaintiff present and tendered draft N/M along with affidavit.
Adv. Indira Labde h/f Adv. P.D. Gandhi for defendant no. 1 to 5 present.
Adv. for plaintiff tendered draft Ch./s with affidavit. Copy served to other side. Leave to register is granted.
Earlier order, if any, to continue till further order.
Authenticated copy be given to both the parties.
Adjd to 05.10.2020 for NM reply/ad-interim hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Business: Adv. Matkar for plaintiff present.
Adv. P.D. Gandhi for defendant present and filed reply on draft N/M
Heard Advocate for plaintiff on N/M
Earlier order, if any, to continue till further order.
Adjd to 14.10.2020 for N/M hearing.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Adv. Mr. Rajeev Matkar for plaintiffs present.
Adv. Mr. P. D. Gandhi for defendants present.
Adv. for plaintiffs tendered original Ch/sum no. 555/2020 along with affidavit in support and also tendered draft N/M along with affidavit. Leave is granted to register the N/M. Copy served to other side.
Adv. for defendants filed reply on behalf of defendants no. 1 to 5 of N/M no.1351/2020 and reply on behalf of defendants no. 1 to 5 of draft N/M.
Adv. for plaintiff tendered rejoinder on N/M
Heard advocate for plaintiff on N/M no. 1351/2020 and draft N/M
Earlier Order, if any, to continue till the next date.
Adjd to 19.10.2020 for N/M hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2020
Date: 14-10-2020
Business: Adv. Mr. Rajeev Matkar for plaintiffs present.
Adv. Mr. P. D. Gandhi for defendants present.
Adv. for plaintiffs tendered original Ch/sum no. 555/2020 along with affidavit in support and also tendered draft N/M along with affidavit. Leave is granted to register the N/M. Copy served to other side.
Adv. for defendants filed reply on behalf of defendants no. 1 to 5 of N/M no.1351/2020 and reply on behalf of defendants no. 1 to 5 of draft N/M.
Adv. for plaintiff tendered rejoinder on N/M
Heard advocate for plaintiff on N/M no. 1351/2020 and draft N/M
Earlier Order, if any, to continue till the next date.
Adjd to 19.10.2020 for N/M hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Business: Adv. Matkar for plaintiff present.
Adv. P. D. Gandhi for defendant present.
Heard, arguments of both the parties.
Adjd to 23.10.2020 For NM/Ch.s order.
Next Purpose: NM ORDERS
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Business: Adv. Mr. Rajeev Matkar for plffs. present.
Adv. Mr. P.D. Gandhi for defts no. 1 to 5 present.
F.R.S.R. following order on Chamber Summons No.556 of 2020 is passed
- ORDER -
1. Chamber Summons No.555 of 2020 is allowed as prayed.
2. The necessary amendment be carried out in the plaint accordingly on or before next date.
3. After such amendment is carried out by plaintiffs, writ of summons be issued to proposed defendant nos. 6 Miss Geeta Tribhovandas Canabar.
4. Costs in cause.
5.
F.R.S.R. following order on Draft N/M is passed
- ORDER -
1. The Draft Notice of Motion is dismissed.
2. The Defendants shall register the Notice of Motion for statistical purpose.
3. Costs in cause.
Adjd to 27-10-2020 for N/M order.
Next Purpose: NM ORDERS
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Business: Adv. Pallavi Patel I/b Adv. Mr. Rajeev Matkar for plffs. present.
Adv. Aditya Khandelwal I/b Adv. Mr. P.D. Gandhi for defendants no. 1 to 5 present.
F.R.S.R. following order on N/M No. 1351/20 is passed -
Order
1. The Notice of Motion No. 1351 of 2020 is allowed.
2. The defendants their agents, servants or any persons on their behalf are temporarily restrained from further acting upon the resolution of the meeting of the Board of Directors held on 16.01.2020 pursuant to items no. 3 of agenda of the meeting till final disposal of the suit.
3. Costs in cause.
F.R.S.R. following order on draft N/M No is passed -
Order
1. Draft Notice of Motion is allowed.
2. The Court Receiver, Hon\''ble Bombay High Court is appointed to take possession custody and management of the entire record and server of the Defendant no. 7 Company including but not limited to minutes books, income tax returns, case papers, loan procurement papers, profit and loss accounts and balance sheet of the Company at 801-813, Mahalaxmi Chambers 22, Bhulabhai Desai Road, Mumbai -400026 and give its possession, custody and management to the plaintiffs as the agent of the Court Receiver without royalty.
3. The defendants no. 1 to 4 shall disclose to the plaintiffs, password/code of Income Tax, GST and Service Tax for entering into e-filing site of IT, GST and Service Tax Returns of Defendant no. 7 Company.
4. The plaintiff shall register the Notice of Motion for statistical purpose.
5. Costs in cause.
Adjd to 27.11.2020 for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-11-2020
Date: 12-11-2020
Business: By precipe
Adv. Mr. Matkar for plff present and tendered draft notice of motion for urgent relief alongwith affidavit in support and prayed for leave. Leave as prayed is granted.
Adv. for plff also tendered register N/M 1726/20 and tendered amended plaint copy be served to other side.
Adv. Mr. P.D. Gandhi for deft. no. 1 to 5 present.
Adv. for plff filed application for court receiver TOR marked as Exh. 7.
Order on Exh. 7-
Considering the contents, the order dated 27/10/2020 is modified and Deputy Registrar, Mr. S.N. Redij is appointed as court receiver in place of court receiver of Hon\''ble Bombay High Court with all the powers given in the order.
F.R.S.R Order on draft N/M
ORAL ORDER
1. Perused the Notice of Motion, affidavit in support thereof and documents annexed thereto. I have heard Ld. Advocates for both sides at length. In the Notice of Motion there are prayers for action against the defendants under Order 39 Rule 2-A and Order 39 Rule 11 of the Code of Civil Procedure, 1908. In addition thereto following prayers at clauses (c) and (d) are also made
(c)That pending the hearing and final disposal of the present proceedings, this Hon’ble Court be pleased to direct the Defendants No.1 to 4 to hand over one set of keys of the registered office of the Defendant no.7 Company at 801-813, Mahalaxmi Chambers, 22, Bhulabhai Desai Road, Mumbai-400 026.
(d)That pending the hearing and final disposal of the present proceedings, this Hon’ble Court be pleased to direct the Senior Inspector of Police, Gamdevi Police Station, Bhulabhai Desai Road, Breach Candy, Cumballa Hill, Mumbai-400 026, to give protection and escort to the plaintiffs, their Chartered Accountants, Company Secretary and staff for accessing the registered office of the Defendant no.7 Company at 801-813, Mahalaxmi Chambers, 22, Bhulabhai Desai Road, Mumbai-400 026, as per the Order dated 27-10-2020 passed on Notice of Motion no.1351 of 2020
2. Ld. Advocate for the plaintiffs submits that despite order of this Court dated 27.10.2020 in Notice of Motion No.1351 of 2020, the defendants are not co-operating the plaintiffs in having access to the record in registered office at Mahalaxmi Chambers. In the affidavit along with the Notice of Motion, it is contended that due to complete non co-operation of defendants, the plaintiffs could not take any action to assist KPMG-a SEBI appointed Forensic Auditor. Ld. Advocate for the plaintiffs has taken me through various communications between authorized person of KPMG and plaintiffs wherein it is depicted that the individual present in the registered office of defendant no.7 Company gave evasive answers, did not co-operate the team at the time of their visit on 10.11.2020 and also stated that no records were available on 8th floor. Ld. Advocate for the defendants has submitted that they are contemplating to prefer appeal against order dated 27.10.2020 in Notice of Motion No.1351 of 2020 and without reply of the defendants no orders can be passed at ad-interim stage.
3. After going through the material available on record, this Court has granted temporary injunction restraining the defendants from preventing plaintiffs from having access to the entire record and servers of defendant no.7 Company. From the email dated 10.11.2020 of Poonam Thakkar, the KPMG authorized person, it can be seen that the defendants are not co-operating the plaintiffs in having access to the record. No responsible person of defendants is available in the registered office to give effect to the orders of this Court in letter and spirit. Despite that the opportunity will have to be given to the defendants to put forth their case before taking any action under Order 39 Rule 2-A and Order 39 Rule 11 of the Code of Civil Procedure, 1908.
4. The plaintiffs have prayed for direction to the defendants to hand over one set of keys of the registered office of the Defendant no.7 Company. In this regard, the parties will have to lead evidence about the stipulations in the contract with regard to the possession of the keys or use thereof for functioning of the office. Therefore, this prayer can not be granted at ad-interim stage.
5. Considering all the circumstances and to give effect to the order of this Court dated 27.10.2020 prayer clause (d) is granted. Police protection be given to the plaintiffs for compliance of order dated 27.10.2020 on payment of necessary charges. clause (d) is granted. Police protection be given to the plaintiffs for compliance of order dated 27.10.2020 on payment of necessary charges.
Adjd to 27.11.2020 for reply and w/s.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Business: P.O. is on leave, board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: The P.O. is on leave. Hence board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: The P.O. is on leave. Hence board is discharged.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv. Prit Kanse for defendant present.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 15.03.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv. Rakhi Tawde for plff present and tendered application for substitution of Court Receiver t.o.r. and marked as Exh. 08. Copy served to other sides.
Adv Aditya Khare for deft present.
L.O. at. 1.20.p.m.
Adv. Pallavi Patel for plff present. She requests for earlier date as the application for substitution of Court Receiver is necessitated by retirement of the earlier Court Receiver. Hence the matter is fixed on 22.03.2021. The plff shall informed this change to the deft. well in advance. Adjd to 22.03 .2021 for reply on Ehx.8.
Next Purpose: REPLY
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Court is on leave, hence board is discharges.
Next Purpose: REPLY
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Adv. Ms. Rakhi Tavde for plaintiff present.
None for defendants.
-Order on Exh.8 -
The application is allowed. Shri M. S. Bhosale, Deputy Registrar, Civil Civil and Sessions Court, Mumbai is appointed as the Court Receiver in connection with order dated 27.10.2020 on draft N/M filed by the plaintiff r/w order dated 12.11.2020 with all the powers of Court Receiver under Order 40 of the Code of Civil Procedure, 1908.
Adjd to 14.06.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Business: Due to COVID-19 pandemic, matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Adv. for plaintiff present.
Adv. Aditya Khare for defendant present.
Issue writ of summons to the newly added party in the plaint
Adjd for NM reply/report of writ of summons to 27/10/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: NOB TOB
Writ received from Honble High court bearing inward No. 11947 dt. 30.10.2021 O- Seen
Copy of Writ kept in R and P.
Already adjd to 16/12/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: None present when called at 2.57 pm
Adjd for NM hearing to 17/02/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: NOB TOB
Writ received from Honble High court bearing inward No.13954 dt. 18.12.2021. O- Seen
Kept in R and P.
Already adjd to 17/02/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: None present when called at 3.30 pm
Court is busy in recording evidence in suit No. 4465/09 and hearing arguments to chamber summons in suit No. 9292/95. Hence adjourned.
Adjd for NM hearing to 19/04/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv. Chinmay Thatte h/f Adv. Rajeev Matkar for plaintiff present.
Adv. Megh Soni for defendant present.
Adjd for NM hearing to 08/07/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Adv. Chitra Gurade for plaintiff present and submitted that civil revision application is pending before Hon''ble High Court. She prayed for adjournment - allowed.
None for defendant
Matter is adjd.to 20-09-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Adv. Anoop Sharma for plaintiff present.
None for defendants
LO at 3.25 pm.
Adv. Shridhar Kamath for defendant present.
Matter is adjd.to 05-11-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2022
Date: 05-11-2022
Business: Date - 20-09-2022
Adv. Sayali Patil for plaintiff present and prayed for adjournment - allowed
None for defendants
Matter is adjd.to 08-12-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Adv. Sayli Patil for plaintiff present and submitted that the parties have made statement before Hon\''ble High Court that they would proceed ahead in the present matter after decision in proceeding before Hon\''ble High Court.
None for defendants
Matter is adjd.to 17-02-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: None for plaintiffs.
None for defendants no. 1 to 7
LO at 3.30 pm.
Adv. Sayali Patil for plaintiff present.
Matter is adjd.to 21-04-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2023
Date: 21-04-2023
Business: None for plaintiff.
None for defendants no. 1 to 7
Matter is adjd.to 27-07-2023 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2023
Date: 27-07-2023
Business: Adv. Mayuri Mangeshkar h/f Rajeev Matkar for plaintiff present.
None for defendant present.
Matter adjourned for n/m hearing to 09/11/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: None For plaintiff present.
None For defendant present.
Matter adjourned for NM hearing to 12/02/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: None for Plaintiff present.
None for defendants No.1 to 7 present.
Draft Notice of Motion tendered on 14.10.2020 was disposed off as per order in roznama dated 23.10.2020 and it was directed to be registered for statestical purpose. Accordingly, Notice of Motion No.1953/2020 was registered, but it was not placed on record after registration. Hence, Notice of Motion No.1953/2020 shall be shown as disposed off in CIS.
Matter stands adjourned on 13.06.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: Adv.Urmi Jadeja h/f Rajeev Matkar for plaintiff present.
None for defendant present.
Matter stands adjourned for steps to 21/09/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-09-2024
Date: 21-09-2024
Business: Adv Ms. Urmi Jadeja h/f. Rajeev Matkar for plaintiff present.
None for defendant present.
Plaitniff has not taking steps in proceeding with the suit. It appears that plaintiff is not interested in proceeding with the suit. Hence matter is adjourned for dismissal order.
Matter stands adjourned on for dismissal order to 19/10/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 19-10-2024
Date: 19-10-2024
Business: Adv. Urmi Jadeja for plaintiff present she filed pursis. TOR. Marked at Exhibit.9.
None for defendant present.
Adv. Urmi Jadeja submitted that in view of the statement made before the Hon\''ble High Court the Plaintiff has not proceeded with present suit.
Matter adjourned for taking steps.
Matter stands adjourned on 08.01.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-11-2024
Date: 28-11-2024
Business: Not On Board, Taken On Board
There is element of settlement of dispute between parties.
Hence, matter is kept in Lok-Adalat scheduled on 14.12.2024.
Accordingly, issue notice to all parties to suit.
Matter stands adjourned on 14.12.2024 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-12-2024
Date: 14-12-2024
Business: NATIONAL LOK ADALAT HELD ON 14.12.2024 (PANEL- VIII)
Matter pertains to CR No.65
Both parties and advocate absent.
Matter is adjd to 07.01.2025.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 07-01-2025
Date: 07-01-2025
Business: Adv. Urmi Jadeja h/f Adv. Rajeev Matkar for plaintiff present and seeks time in view of the pursis at Exhibit-09. Time granted.
None for defendant present.
Matter stands adjourned on 21/03/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-03-2025
Date: 21-03-2025
Business: Adv.Urmi Jadeja h/f Adv. Rajeev Matkar for plaintiff present and prayed for grant of adjournment. Adjournment granted.
None for defendant present.
Matter stands adjourned on 01/07/2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-07-2025
Date: 01-07-2025
Business: P. O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2025
Date: 24-09-2025
Business: Adv. S. V. Thorat for plaintiff present.
None for defendant present.
Matter stands adjourned on 05/01/2026 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-11-2025
Date: 21-11-2025
Business: NOT ON BOARD TAKEN ON BOARD
None for plaintiff.
None for defendant.
There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat scheduled on 13.12.2025 for amicable settlement. Notice be issued to both the parties for appearing before lok-adalat.
Matter is adjourned to 13.12.2025 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-12-2025
Date: 13-12-2025
Business: National Lok Adalat is held on 13th December, 2025 (Panel No.9)
(Matter pertains to CR No.65)
Both parties are absent.
Matter is adjourned to 05.01.2026.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 05-01-2026
Date: 05-01-2026
Business: Adv. Aishwarya Sawant h/f Adv. Rajeev Matkar for plaintiff present and filed application for adjournment. O-In fact the proceeding not stayed by Honble High court as no such order placed before court. In such circumstances the plaintiff instead of taking date on basis of said order taken suitable steps to proceed with that revi application otherwise take steps in present matter without taking adjournment this adjournment granted as last.. Taken on record and marked as Exhibit-10.
None for defendant present.
Matter stands adjourned on 02/04/2026 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2026
Date: 18-02-2026
Business: NOT ON BOARD TAKEN ON BOARD
None for plaintiff.
None for defendant.
There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat scheduled on 14.03.2026 for amicable settlement.
Notice be issued to both the parties for appearing before
lok-adalat.
Matter is adjourned to 14.03.2026 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-03-2026
Date: 14-03-2026
Business: NATIONAL LOK-ADALAT HELD ON 14/03/2026
(Panel No.2)
None for plaintiff present.
None for defendant present.
Matter stands adjourned on 09.04.2026 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-04-2026
Date: 09-04-2026
Business: P. O. is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-07-2026
Date: 14-07-2026
Business: Adv. Aishwarya Sawant h/f Rajeev Matkar for plaintiff present.
None for defendant present.
Matter is for taking steps. I have carefully gone through the order. It appears that Honble High Court has recorded the statement made by adv for respondent in revision petition that they could not proceed with the suit and continued the same till the application is decided. In my opinion, amount to stay of the proceeding.
Later on at 12.25 PM.
Adv. Aishwarya Sawant h/f Rajeev Matkar for plaintiff present and filed pursis in that behalf it shows that till date the civil revision application no 182/21 is pending before Honble High Court. TOR. Marked as Exhibit-11 O- Seen.
Matter stands adjourned on 16-11-2026 for stayed caption.
Next Purpose: SUIT STAYED
Next Hearing Date: 16-11-2026
