Date: 03-07-2019
Business: Adv. Ansari for plaintiff present.
On oral request time is extended for service of summons. Adjd. for service to 25.09.2019.
Next Purpose: SERVICE
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: Adv. Ansari for plaintiff present.
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents
Exh. 5 - Affidavit of service
Adjd. to 11.12.2019 for exparte order.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Adv. Murtuja present for the plff.
None present for the deft.
The affidavit of service along with the acknowledgment card (collectively filed by Ex.05) show that the summons has been served on the deft by RPAD as the acknowledgement bears seal of the deft company with a signature. Thus summons is duly served on the deft. despite service of summons the deft failed to appear therefore suit to proceed is ex-parte against the deft.
Adj. For Ex-parte Evidence on 22/01/2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. Ansari for plaintiff.
Adjd on the request of plaintiff to 23.01.2020 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Plaintiff present.Adv. Sharif for plaintiff filed Exh.6 Affidavit of evidence.Exh 7- Original documents.
Heard the ld advocate for plaintiff. In view of contents of para 5 of Chief Examination of Affidavit ,Exh.8 -The document at Sr.No.1 below Exh.7 is Original one time settlement offer letter.
Exh.9 -The document at Sr.No.2 is a copy of demand draft. The original is with the bank. Considering same circumstance the copy is permitted in evidence. The same document at Sr.No.2.Exh.10.-In view of para 6a of Chief examination affidavit the document at Sr. No.3.
Exh.11.-In view of para 7 of chief examination affidavit the document Sr.No.4.Exh.12 and Exh.13 resp.- In view of para 10 and 11 of chief examination affidavit the document Sr.No.5 and 6.Exh.14, Exh.15, Exh.16, Exh.17, Exh.18. Resp.- In view of para 15a,b,c of chief examination affidavit the document Sr.No.7 to 11.
Exh.19.-The document at Sr.No.12 i.e. particulars of claim be marked for identification as the plaintiff s claim.LO at 1.30pm Plaintiff No.2 Present.Adv. Sarita for defendant filed
Exh.20 Application for abeyance on behalf of defendant @ vakalatnama. Copy is served to the plaintiff. Adjd to 24.01.2020 for Say to Exh.20.
Next Purpose: REPLY
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Adv. Lakdawala for plaintiff
Adv. Sarita yadav for defendant filed Draft NM @ affidavit. Leave granted to register. Copy is served to other side.
Adjd for registration of NM and reply to NM to 29.01.2020
Next Purpose: REPLY
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Adv. Sharif Lakdawala for plaintiff.
Adv.Savita yadav for defendant filed registered NM 444 of 2020 @ affidavit.
Adv. for plaintiff filed reply to NM 444/2020.
Adjd for NM arguments and reply to Exh.20 to 05-02-2020
Next Purpose: REPLY
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv. Shamim for plaintiff.
None for defendant.
Adjd on the request of plaintiff for reply to Exh.20 adjd to 12-02-2020
Next Purpose: REPLY
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: None for plaintiff
Adv. Savita yadav for defendant.
Kb
LO at 12.48pm
Adv.ansari for plaintiff
Adjd on request of plaintiff as a last chance for filing reply to Exh.20 to 17-02-2020
Next Purpose: REPLY
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Adv. Sharif Lakdawala for plaintiff
Adv. Sarita Yadav for defendant
Exh.21- Adv. for plaintiff filed reply on Exh.20. Copy given to other side.
Adjd for hearing of Notice of Motion and Exh.20 to 04-03-2020
Next Purpose: HEARING
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Ansari for plaintiff.
None for defendant
On the request of plaintiff adjd for Hearing on NM and Exh.20 to 20-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2020
Date: 20-03-2020
Business: None present.
As per the circular issued by Hon\''ble High Court. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 15.04.2020 for hearing on notice of motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: NM FOR HEARING
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: NM FOR HEARING
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2020
Date: 17-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2020
Date: 05-10-2020
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.136 of 2020 dtd.30.9.2020 of this Court.
Matter adjd to 28/10/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2020
Date: 28-10-2020
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.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 06/11/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2020
Date: 06-11-2020
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 24/11/ 2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2020
Date: 24-11-2020
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 17/12/ 2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 12.01.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2021
Date: 12-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 25.01.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 22.02.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 05.03.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv.Jishan Ansari i/b. Shamin and Co. for plaintiff present.
None present for defendant.
KB
LO
None present.
Matter adjd to 08.03.2021 for argument/order.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 26.03.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 07.04.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: None present for plaintiff.
None present for defendant
Matter adjd 06.05.2021 for Orders against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 10.06.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases.
Matter is adjd to 02.07.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 19.07.2021 for order against plaintiff
Next Purpose: ORDER
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 18.08.2021 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.20 pm
None appeared. Record shows that application, Exh.20 and NM is pending for argument. Both parties remained absent, hence, no argument of them on application, Exh.20.
Matter adjd to 23.09.2021 for order on Exh.20 and hearing on NM.
Next Purpose: ORDER
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 02.57 pm
None present.
Read the Annexures Exh.20. It appears that proceeding before Company Law Tribunal is pending. Parties to inform about the present status of said proceeding.
Matter adjd to 29.11.2021 for compliance/order on Exh.20 and hearing on NM No.444/20.
Next Purpose: ORDER
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: None present for plaintiff.
None present for defendant.
Parties are absent. Parties are directed to comply to the roznama dated 23.09.2021.
Matter adjd to 21.02.2022 for complaince.
Next Purpose: ORDER
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: None present for plaintiff.
None present for defendant.
Read the roznama dated 04.09.2021, 23.09.2021 and 06.01.2022, parties failed to inform status of proceeding before Company Law Tribunal.
Matter adjd to 25.04.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: None present for plaintiff.
None present for defendant.
Considering the nature of dispute, case is referred to lok-adalat.
Matter adjd to 07.05.2022 for lok-adalat.
Judge
LO at 11.45 am,
Adv.Sharif Lakdawala for plaintiff present.
Matter adjd to 07.05.2022 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 07-05-2022
Date: 07-05-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd. to 13.06.2022.
Next Purpose: FOR___________________
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: None present for both side.
K.B. L.O. at 1.25 p.m.
None present for both side.
Matter adjd to 14.07. 2022 for hearing on NM No.444/2020 and compliance on Exh.20 as per order dt.23.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: None present for both sides.
Case is adjourned to 11/08/2022 for hearing on NM No.444/2020 and for compliance of order dt.23.09.2021 passed on Exh.20.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Adv. Ansari Present for Plff.
None Present for Deft.
KB LO 1.30 pm.
Adv. Atul Umekar h/f Shreevastav and Company.
adv of deft filed pursis along with copy of certificate incorporation pursuant to change of name and Order dt.07/06/2021 passed by NCLT, Mumbai I A No. 449/MB/C-II/2021 in CP (IB) 4258/MB/C-II -2019.
Adj. For Steps and Stayed in view of proceeding pending before the NCLT on 12/09/2022.
Next Purpose: SUIT STAYED
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: None present.
Adj. For Steps and Stayed in view of proceeding pending before the NCLT on 29/09/2022.
Next Purpose: SUIT STAYED
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: None present.
Adj. For Stayed on 29/11/2022.
Next Purpose: SUIT STAYED
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: None present for both the parties.
Adjourned for stayed to 30.1.2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: None present.
Case stayed on 28.04.2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: None present.
Suit stayed by NCLT on 30/06/2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 30-06-2023
Date: 30-06-2023
Business: 30.06.2023
15
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 17/2019 NM 444/2020
None present.
Suit is stayed due to NCLT proceeding.
Plaintiff directed to file status report.
Adjd. to 31/08/2023 as stayed.
Judge
Next Purpose: SUIT STAYED
Next Hearing Date: 31-08-2023
Date: 31-08-2023
Business: None present for parties.
Suit stayed by Hon’ble NCLT Mumbai bench vide order dt. 07.06.2021 in CP(IB)-4258/MB/C-II/2019.
O- The plaintiff is directed to file status report regarding said NCLT proceedings.
Matter is adj for stayed to 31/10/2023
Next Purpose: SUIT STAYED
Next Hearing Date: 31-10-2023
Date: 31-10-2023
Business: Adv. Ishan Ansari h/f Shamin and Co. for plaintiff is present and orally prayed for time to file current status report regarding the stay granted by NCLT. O-Time granted as prayed for.
None present for deft.
Matter is adj. for stayed to 31/01/2024.
Next Purpose: SUIT STAYED
Next Hearing Date: 31-01-2024
Date: 31-01-2024
Business: None present.
O- Parties are directed to file current status report regarding the stay granted by Hon’ble NCLT.
Matter is adj. for stayed to 01/04/2024.
Next Purpose: SUIT STAYED
Next Hearing Date: 01-04-2024
Date: 01-04-2024
Business: None present.
O- Parties are directed to file current status report regarding the stay granted by Hon’ble NCLT.
Matter is adj. for stayed to 01/07/2024.
Next Purpose: SUIT STAYED
Next Hearing Date: 01-07-2024
Date: 01-07-2024
Business: None present.
O- Parties are directed to file current status report regarding the stay granted by Hon’ble NCLT.
Matter is adj. for stayed to 30/08/2024.
Next Purpose: SUIT STAYED
Next Hearing Date: 30-08-2024
Date: 30-08-2024
Business: Court is vacant.
Next Purpose: SUIT STAYED
Next Hearing Date: 29-11-2024
Date: 29-11-2024
Business: Court is vacant hence, matter is adjourned.
Next Purpose: SUIT STAYED
Next Hearing Date: 28-02-2025
Date: 28-02-2025
Business: None present.
Matter is under is caption is stayed matter. Shirestedar shall verified to status of stay with the help of computer dept. and download the copy of latest status of the matter, to be kept on record.
Matter is adj. for stayed to 31.07.2025.
Next Purpose: SUIT STAYED
Next Hearing Date: 31-07-2025
Date: 31-07-2025
Business: None present.
Matter is under the caption of stayed matter.
Both parties are directed to apprised the court what is the latest position of stay forthwith.
Issue notices by RPAD/Writ of summons to the parties and their advocates forthwith.
Matter is adj. for suit stay to 11.08.2025.
Next Purpose: SUIT STAYED
Next Hearing Date: 11-08-2025
Date: 11-08-2025
Business: None present.
Perused roznama, as per roznama dt. 31.08.2023 plaintiff was directed to file status report of NCLT proceeding by my ld. Predecessor. On 31.10.2023 ld. Adv of plaintiff sought time to file current status report time was granted. The matter was adj. on 31.01.2024, 01.04.2024, 01.07.2024, 28.02.2025. However, no status report was filed. Sheristedar was directed to verify status with the help of computer department and download copy of latest status report as plaintiff failed to furnish current status report. On 31.07.2025 directed to issue notices by RPAD and writ of summons to the parties and their advocates.
With the help of computer department from the web side of NCLT download current statues report hence, matter is adjourned for steps. As having age more than 5 yrs.
Matter is adj. for steps to 17.10.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-10-2025
Date: 17-10-2025
Business: None present.
Communication to the court from Shamin and Co. Advocates received through post informing that Shamin and Co. are not appearing for any of the parties in the captioned matter in view of communication from the court vide out ward no. 2046/2025 Dt. 04.09.2025. Marked as Exh. 21 and 22 respectively. Hence, kept for order for dismissal.
Matter is adj. for dismissal to 30.10.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 30-10-2025
Date: 30-10-2025
Business: None present.
The present matter is having age more than 5 yrs. NCLT proceedings pendency report as on 20.08.2025 shows that it is pending hence, plaintiff to apprise latest position on or before next date.
Matter is adj. for dismissal to 24.12.2025.
Next Purpose: DISMISSAL
Next Hearing Date: 24-12-2025
Date: 24-12-2025
Business: None present.
Matter is under the caption of dismissal. The age of matter is more than 5 years.
On court motion notices were sent No.2072/25 and 2073/25 to both parties and advocate bearing outward No. 2047/25 04-09-2025 TOR marked as Exh.23 and Exh.24-Colly.
Perused the court motion notices of O.W. No.2072/25 is returned back with remark of door locked.
As per roznama dated 11-08-2025 computer section was directed to verify from the website what is status of NCLT proceeding. It is found to be pending.
Plaintiffs have not taken care when the intimation by postal authority to collect consignment from the postal authority, so as to know what was the consignment and to act upon accordingly.
From the downloaded e-extract from computer section TOR marked as Exh.25, through matter is showing pending, however, nothing reflect whether the suit proceeding are stayed. Hence, plaintiff to appraise, whether the moratorium is pending and/or what is stage of NCLT proceeding, else appropriate order will follow accordance with the law.
In mean time email addresses will available in the proceeding. Notices sent through email returnable on 03-01-2025.
Matter is adj. for to 03-01-2026.
Next Purpose: DISMISSAL
Next Hearing Date: 03-01-2026
Date: 03-01-2026
Business: None present.
Matter is adj for dismissal to 02.03.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 02-03-2026
Date: 02-03-2026
Business: None present.
Matter is adj. for dismissal to 09.04.2026.
Next Purpose: DISMISSAL
Next Hearing Date: 09-04-2026
Date: 09-04-2026
Business: Parties are absent.
Adv. present for plaintiff and filed application to withdraw V.P. TOR. Marked as Exh. 6. O Allowed.
Plaintiff is heard on NM.
Kept for dismissal of NM by imposing cost of Rs.1000/- for causing delay to be paid to the DLSA by defendant.
Matter is adj. for dismissal of NM to 05.05.2026.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-05-2026
Date: 05-05-2026
Business: None present.
Following order is passed in NM No. 444 of 2020.
For the reason separately recorded.
Operative part of order.
1. Notice of motion No.444 of 2020 is dismissed.
2. Notice of motion No. 444 of 2020 is disposed off accordingly.
Matter is adj. for ex-parte evidence to 31.07.2026.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 31-07-2026
Date: 31-07-2026
Business: None present.
Matter is adj. for ex-parte evidence to 28.08.2026.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-08-2026
Date: 28-08-2026
Business: None present.
Matter is adj. for filing ex-parte evidence to 17.10.2026.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-10-2026