M/s. Shaman Used Cars Pvt Ltd.VsState of Maharashtra and Ors.

Date: 29-03-2019
Business: Adjd
Next Purpose: N/M DISPOSED OFF
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Matter is adjd. to 23.09.2019 for reply to N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Adv. Chimalkar for the Plaintiff present.
Adv. Shukla h/f Bharat Chaudhari for Defendant-1 and 2 present.
Adv. Mr. Kanse for Defendant no. 4 present.
Defendant no. 5 exparte.
Adv for Defendant no. 4 seeks adjournment. Granted as a last chance.
Matter is adjd. to 17.12.2019 for reply to N/M by Defendant no. 4.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Matter is Adjd. to  18.02.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: matter adjd to 20.04.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: None present.
Matter is adjd. to 21/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Due to COVID-19 pandemic.
Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: None present for the plaintiff.
Adv Sachin Kanse present for the defendant no.4
Matter is adjd. to 29.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2022

Date: 29-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 06.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: Adv. Chimalkar present  for plaintiff.
Adv. kapse present for defendant 01 to 03.
None present for defendant 04, 05 and 06.
As the defendant no. 04 and his adv. Are absent, Matter adjourned for dismissal order of nm no. 1765/2019 to 21/06/22.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv. Chimalkar present for plaintiff and sought adjournment.
Adv. Ashish Tanojiya present for defendant 04.
Matter adjourned for nm hrg. To 01/07/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: Adv. Chimalker  present for plaintiff and tendered draft CH/S along with affidavit. O- Leave granted to register.
Adv. Ashish Kanojiya present for defendant no.4.
None present for other defendants.
Matter adjourned for NM hearing and service and reply to CH/S to 12.08.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: None present for plaintiff.
Adv. Priyanka gavkar hf. Adv. Martina sakpal present for deff. no.02 and 03.
As plaintiff and his adv. are absent, Matter is adjd. For nm hearing
to 15/09/22.
l.o. at 04.00 pm.
Adv. Chimalkar present for plaintiff and he tendered original registered Chamber Summons No. 1186/22 @ affidavit. t.o.r. and she submitted that copy is already served.
Adv. Ashich kanojiya present for defendant no. 04.
Heard arguments ld. Adv. For plaintiff and ld adv. For defendants on chs. no. 1186/2022.
Adv. For defendant no. 04 orally given no objection for allowing the chs.
Following order is passed on chs. no. 1186/2022.
ORDER-  Perused the chamber summons, affidavit in support of same and record. Heard ld. Adv. For plaintiff and ld adv. For defendant 04.
       Advocate for plaintiff submitted that, defendant no. 04 Vijaya Bank is amalgamated with the Bank Of Baroda with effect from 01/04/2019 and therefore, by the proposed amendment plaintiff want to implead Bank of Baroda as defendant no. 04 in place of present defendant. Advocate for defendant no. 04 submitted that, he represents the respondents Bank Of Baroda also and respondent also has no objection for allowing the chs. Considering the matter on record and above discussion, the proposed amendment appears necessary for deciding real matter in controversy between the parties. No prejudice will be cause to the defendant no. 04 or respondent. Hence, chamber summons deserves to be made absolute. Therefore, court proceeds to pass the following order.
 ORDER -
1) Chamber Summons No. 1186/2022 is made absolute.
2) Plaintiff shall carry out the amendment as per schedule within 14 days from the date of this order.
2) Chamber Summons No. 1186/2022  is disposed off accordingly.
Matter is adjd. For nm hearing to 15/09/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: Adv Amarjeet Kaur h/f Adv Chimalkar present for plaintiff and sought adjournmnt.
Adv Ashish Kanojia present for defendant no. 04.
None present for other defendants.
Matter adjourned for Notice of Motion hearing and service of amended copy of plaint to 30.09.22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: None present for plaintiff.
Adv. Sachin kanse ib T.R.S. present for defendant 04.
As plaintiff and his adv. are absent, Matter adjourned for nm hearing and service of copy of amended plaint to 04/11/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: None present for plaintiff.
Adv. kudalkar present for defendant 01 to 03.
None present for other defendants.
As defendant 04 and their advocates are absent, and did not proceed with the nm no. 1765/2019. Matter adjourned for service of copy of amended plaint and dismissal order of 1765/2019  to 19/11/22.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 19-11-2022

Date: 19-11-2022
Business: Adv Chimalkar present for plaintiff.
Adv Sachin Kanse I/b TRS Legal present for defendant no. 04.
None present for other defendants.
Heard arguments of ld. Advocate for  defendant no. 04 on NM no. 1765/2019.
Matter adjourned for Order on NM no. 1765/2019 to 06.12.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-12-2022

Date: 06-12-2022
Business: Adv Sukruta A. Chimalker present for plaintiff.
Adv Kudalkar present for defendant nos. 01 to 03.
F.R.S.R. following order is passed on Notice of Motion no. 1765/2019:
Order:
1) Notice of Motion no. 1765/2019 is made absolute subject to payment of cost of Rs. 5000/-(Rs. Five Thousands only) by the defendant no. 04 to the plaintiff on or before next date.
2) On payment of cost within prescribed period, the Written Statement of defendant no. 04 be taken on record if tendered on or before next date.
3)  Notice of Motion no. 1765/2019 is disposed off accordingly.
Matter adjourned for compliance and Written Statement to 13.01.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: Adv. Chimalkar present for plaintiff and submitted that, cost is not paid as per order in notice of motion no. 1765 of 2019 dt. 06/12/2022.
None present for defendants.
It appears that, defendant no.4 has not complied the order in Notice of Motion no. 1765 of 2019 dt 06/12/2022.
Adv. Priyanka gavkar hf. Adv. Kapse present for defendant no. 01 to 03.
Adv. Yogesh Mishra present for defendant no.4 and sought extension of time for compliance of order in Notice of Motion no. 1765  of 2019 dt. 06/12/2022.
L.o. at 04.19 pm.
Plaint
Vakalatnama. O- Seen and filed.
Address Memo. O- R and R.
List of documents. O - Seen and filed
Affidavit in support of plaint
Adv. Yogesh Mishra for defendant no. 04 tendered application for enlargement of time for compliance of order dt. 06/12/2022 in nm dt. 1765/2019. t.o.r. marked as Exh. 06.
Adv. For plaintiff filed say and additional say on Exh. 06 itself.
Order on Exh. 06.
O- Perused the application, say of the plaintiff and record. Heard both the parties. Considering the reason in the application, in the intreset of justice, in order to give fair opportunity to the defendant no. 04 to defend the suit, time for compliance of the order in Notice of Motion no. 1765/2019 dt. 06/12/2022 is enlarged for period of two weeks from the date of this order as a last chance.
Matter adjourned for compliance to 01/02/23.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: Adv Chimalkar present for plaintiff and submitted that cost is not paid as per order in Notice of Motion no. 1765/2019 and hence said order is not complied by defendant no. 04.
None present for defendants.
Adv for plaintiff submitted that NM no. 1562/2019 is already disposed off on 29.03.2019. From the roznama dtd. 29.03.2019, it appears that said NM is already disposed off. Hence, necessary entry about disposal of NM no. 1562/2019 be taken into CIS.
From the record it appears that, suit is proceeded ex-parte against defendant no. 05. As per order dtd 08.06.2018 suit is already proceeded without defendant no. 04. Defendant nos. 01 to 03 also failed to file their WS. Hence, suit be proceeded without WS of defendant nos. 01 to 03.
Nature Of Disposal: OTHERWISE
Disposal Date: 01-02-2023

Main Case No: SUIT/0101720/2017
Main Cnr: MHCC010023352017
Main Filing No: 111447

Registration Number: 101562/2019
Transfer Date: 10-06-2021
From Court: 12 -
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101562/2019
Transfer Date: 25-03-2022
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 8 - COURT 08 ADDL SESSIONS JUDGE

Filing Number: 104229/2019
Filing Date: 15-04-2019
First Hearing Date: 29th March 2019
Decision Date: 01st February 2023
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE