Pinkesh Deepak DoshiVsTata Constultancy Services Ltd

Date: 28-10-2020
Business: Adv. Shweta Doshi for plaintiff present and filed affidavit of service. It is informed that the defendant has been duly served on 09.10.2020 as per acknowledgement/ stamp of the inward counter of the defendant.
None present for defendant.
Heard Ld. counsel for the plaintiff. She submitted that inspite of due service there is no appearance on behalf of the defendant. Hence, appropriate orders may be passed.
Interim protection is already granted to the plaintiff vide order dated 08.10.2020 hence, one chance is granted to the defendant to appear before the court and contest the claim of the plaintiff.
Matter stands Adj for passing further orders on 24.11.2020
Next Purpose: ORDER
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Business: Adv. Shweta Doshi for plaintiff present.
None present for defendant. WS and reply to the NM is not filed though the defendant is served on 09.10.2020. Hence, the suit and NM to proceed without reply and WS against the defendant.
Ld. counsel for plaintiff submitted that suit is filed for declaration and injunction only and no monitory relief is claimed.  However, office has taken an objection that in view of prayer clause (a) valuation of 100 shares claimed by the plaintiff vide certificate no. 28799 is required to be made and plaintiff should paid requisite court fees on the same.
It is submitted that plaintiff is not claiming ownership of the said shares, as plaintiff is genuine and bonafide purchaser of the said share vide certificate no. 28799 and as per para 33 of the plaint, suit claim for simple declaration and injunction without monitory attribute is valued u/s 6(iv)(j) of Bombay Court fees Act.
After going through the pleadings and valuation of the suit claimed, as per para 33 in the plaint, I find that the dispute in the suit is not about the ownership of the shares, but it is mismatch of the signature and transfer of instrument/shares in the name of the plaintiff in the company record. Therefore, the valuation of the suit claim, as per provisions of section 6(iv)(j) of Bombay Court fees Act, is proper. However, if the plaintiff has not paid the requisite court fees stamp on the above said valuation then plaintiff is directed to comply with the same and thereafter, the office is directed to register the suit.
Matter stands Adj for further hearing and order of the NM to 11.12.2020.
Next Purpose: HEARING
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: Adv. Rishabh Thakkar for plaintiff present and filed original NM no. 1432/20 along with affidavit.
None present for defendant.
Earlier order to continue till next date.
Matter stands Adj for reply to 13.01.2021.
Next Purpose: REPLY
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: Advocate Rishabh Thakkar for plaintiff present.
None for defendant.
The case is adjourned to 06.02.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Advocate Rishabh Thakkar for plaintiff present.
None for defendant.
Earlier order is to be continued till next date.
The case is adjourned to 02.03.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: None for Plaintiff.
Advocate Rupak Savangikar for defendant present.
The case is adjourned to 20.04.2021 for NM reply.
LO at 3.36pm
Advocate Ms.Shweta Doshi for plaintiff present.
Earlier order is to be continued till next date.
Already the case is adjourned to 20.04.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Adjourned due to COVID-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: Court is vacant
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: PO is on leave in second session.
Hence, Court is discharge.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: None present.
Matter stands adjourned to 29.03.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: Matter called out at 4.07 p.m.
None present.
Matter stands adjourned to 06.07.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 06-07-2022

Date: 06-07-2022
Business: None present.
Issue notice of appearance to the plaintiff through bailiff/RPAD.
Matter stands adjourned to 05.09.2022 for appearance of plaintiff.
Next Purpose: FOR APPERANCE
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Bailiff report received. TOR. Exh.05.
Plaintiff in person present. He appeared on issuance of notice by this court. He is directed to pay Rs.200/- as notice charges to Sheriff office.
None present for defendant. Hence, Issue notice of appearance to  defendant through bailiff/RPAD.
Matter stands adjourned to 21.11.2022 for appearance of defendant.
Later on at 4.47 p.m.
Adv. Shweta Doshi for plaintiff present.
Already adjourned to 21.11.2022.
Next Purpose: FOR APPERANCE
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: Plaintiff in person present.
None present for defendant.
Bailiff report received. TOR. Exh.06.
Bailiff report shows that the defendant has left the premises. He did not inform his change of address to this Court as per the provisions of Order VI Rule 14-A sub-rule(5) clause (b), hence, proceed further as if he had not put any defence.
Matter stands adjourned to 04.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: Plaintiff in person present. He is seeking time. Time granted.
None for defendant.
Matter stands adjourned on 18.03.2023 NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: Plaintiff in person present.
None present for defendant.
Matter stands adjourned on 06.05.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2023

Date: 06-05-2023
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2023

Date: 15-07-2023
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2023

Date: 16-09-2023
Business: Plaintiff in person present and seeking time. O- Time granted. .
None for defendant present.
Matter stands adjourned on 04-11-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2023

Date: 04-11-2023
Business: Both parties absent.
Later on at 3.50 pm.
Plaintiff in person present.
Matter stands adjourned on 23-01-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2024

Date: 23-01-2024
Business: Both parties absent.
Matter stands adjourned on 06-04-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2024

Date: 06-04-2024
Business: None present.
The rozanama indicates that the NM is pending since 2020, and nobody remained present since 04.11.2023.  The plaintiff is directed to argue on the NM on next date without failed otherwise NM will be dismissed.
Matter stands adjourned on 26.04.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: None for Plaintiff present.
None for defendant present.
The roznama is indicates that the NM is pending since year 2020.  The plaintiff is continuously absent since last several days.  It appears that the plaintiff is not interested to pursue the NM, hence notice of motion 1432 of 2020 stands dismissed off for want of prosecution.
Matter stands adjourned on 08.07.2024 for notice of motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2024

Date: 08-07-2024
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2024

Date: 27-09-2024
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 17-12-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2024

Date: 17-12-2024
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2025

Date: 04-03-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 30-04-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2025

Date: 30-04-2025
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 31-07-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2025

Date: 31-07-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None present.
Matter stands adjourned to 14-10-2025 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2025

Date: 14-10-2025
Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
None for Plaintiff present.
Advocate Tushar Kochale  for defendant present.
Matter stands adjourned to 12-01-2026  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2026

Date: 12-01-2026
Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
None present.
Roznama is wrongly written for NM hearing since 08.07.2024 the NM 1432/2020 already stands dismissed for want of prosecution on 26.04.2024 dispite of that roznama is carried on for hearing of NM. Roznama be corrected.
None present for plaintiff since 18.03.2023 the conduct of plaintiff shows that he lost his interest in the litigation. Matter be fixed for dismissal of suit for want of prosecution. Inform concerned accordingly Matter stands adjourned for dismissal order to 21-02-2026.
Nature Of Disposal: OTHER
Disposal Date: 12-01-2026

Filing Number: 104898/2020
Filing Date: 09-10-2020
First Hearing Date: 28th October 2020
Decision Date: 12th January 2026
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE