Date: 09-10-2020
Business: Adv. Dinesh Jain for plaintiff present and filed draft CS supported by affidavit. Leave granted to register draft CS. Copy served on other side. He also submitted that he has served CS by E-mail to Ld. counsel for defendant no. 1. He has also served CS by E-mail on Defendant no. 2 through Mr. S. P. Nair, informing them that plaintiff is intending to add Comex Universal as party defendant in this suit.
Adv. Jaywant for defendant no. 1 present.
None present for defendant no. 2.
Heard Ld. counsel for both the sides.
Adv. Mr. Jaywant has no objection to allow the draft CS because, he has already raised objection for addition of Comex Universal as party defendant in the suit. Considering the submissions made before the court and the affidavit supporting the draft CS, I find that defendant no. 1 has raised objection in their reply to the NM that Comex Universal is a necessary party to the suit, as there is no privety of Contract between plaintiff and defendant no. 1.
Considering this aspect the draft CS deserves to be allowed in the interest of justice. Accordingly draft CS is allowed. Ld. counsel for plaintiff shall carry out the amendment forth with, as per schedule A filed with the draft CS, as well as consequential amendments in the plaint and NM. Draft CS is disposed of accordingly. Draft CS be registered for statistical purpose.
Ld. counsel for plaintiff shall also file on record copy of amended plaint on record and serve the copy of amended plaint on the defendant including defendant no. 4 Comex Universal before next date.
Sheristedar to provide authenticated copy of today\''s roznama to the Ld. counsel for both sides for information and compliance.
Matter stands Adj for compliance to 16.10.2020.
Later on
Adv. Dinesh Jain for plaintiff present.
Adv. B.Teraiya for defendant no. 2 present and filed VP. He also submitted that defendant no. 4 is a sister concern of defendant no. 2 and he will also file VP on behalf of defendant no. 4 on next date.
Matter already adjourned to 16.10.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: Adv. Dinesh Jain for plaintiff present and filed copy of amended plaint. Copy served on other side.
Adv. Jaywant for defendant no. 1 present.
Matter stands Adj for NM hearing to 28.10.2020.
Next Purpose: HEARING
Next Hearing Date: 28-10-2020
Date: 28-10-2020
Business: Adv. Dinesh Jain for plaintiff present and produced draft affidavit of rejoinder to NM No. 1385/20. It is submitted that today the deponent is not present therefore, the affidavit could not be sworn. Hence, allowed to submit sworn affidavit of rejoinder on or before next date. Copy already served to other side.
Adv. Jaywant for deft. No. 1 present and submitted that he will be submitting affirmed written statement and additional affirmed written statement as his client is present today. Oral request allowed.
Adv. B. Teraiya for Deft. No. 2 and 4 present and filed VP on Deft. No. 4. He submitted that he wants time to file his WS and reply to the NM. Time granted, with the direction to serve the copy on other side in advance before next date.
Heard Ld. counsel for the both sides regarding ad-interim relief. It appears that reply/ WS of Deft. No. 4 would be necessary on record before hearing the parties on ad-interim relief.
By consent of parties, matter stands Adj for reply/WS of deft. No. 4 and Hearing on ad-interim relief on 06.11.2020
Next Purpose: HEARING
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: Adv. Dinesh Jain for plaintiff present and affidavit in rejoinder in NM no. 1380/20. Copy served on other side.
Adv. Jaywant for defendant no.1 present and tendered the WS of defendant no. 1 duly affirmed. TOR.
WS filed on behalf of defendant no. 1.
Adv. Sharma for defendant no.2 and 4 present and filed reply affidavit to NM no. 1380/20 and WS on behalf of defendant no. 2 and 4. Copy served on other side.
WS filed on behalf of defendant no.2 and 4.
Ld. counsel for defendant no. 1 submitted that in the WS filed by defendant no. 2 and 4 some allegation have been made against defendant no. 1 in respect of which, he will have to file an additional affidavit. Therefore, he prayed for short adjournment. Ld. counsel for plaintiff has strongly oppose the request for adjournment on the ground that matter is being delayed. However, time granted to defendant no. 1 to file additional affidavit or before 12.11.2020, with direction to serve the copy of affidavit in advance to the other sides. The matter will be taken up for hearing on NM positively on 25.11.2020.
Matter stands Adj for NM hearing to 25.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2020
Date: 25-11-2020
Business: Adv. Dinesh Jain for plaintiff present.
Adv. M. R. Yadav h/f Adv. Jaywant for defendant no. 1 present and submitted sur-rejoinder in NM no. 1380/20. Copy served on other side. He submitted that Mr. Jaywant is having back pain and he is unable to attend the court today and prayed for adjournment. Ld. counsel for plaintiff submitted that he is ready to proceed with the matter and oppose the adjournment on the ground urgency.
Adv. Gupta for defendant no. 2 and 4 present and submitted that sur-rejoinder to reply is ready, but because the concerned officer is not available, it is not affirmed. He sought time.
After hearing both sides, short adjournment granted. Ld. counsel for defendant no. 2 to 4 is directed to submit sur- rejoinder to reply on the next date with permission to file with affirmed copy of the same thereafter.
Matter stands Adj for filing sur-rejoinder by defendant no.2 to 4 and further hearing to 26.11.2020.
Next Purpose: REJOINDER
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: Adv. Dinesh Jain for plaintiff present.
Adv. Jaywant for Deft. No. 1 present.
None present for Deft. No. 3.
Adv. Gupta for Deft. No. 2 and 4 present and filed reply as well as WS, authenticated / signed by the counsel. He also filed rejoinder signed/ authenticated by the counsel on behalf of Deft. No. 2 and 4 to the additional WS filed by Deft. No. 1 Ld. counsel for the Deft. No. 2 and 4 has given and undertaking to get the reply and WS duly affirmed in due course and file it on record. Undertaking is accepted.
WS
Heard Ld. counsels for both the sides on the NM for sometime. In the course of argument, Ld. counsel for the plaintiff made an alternative submission that it may take time for the court to adjudicate the dispute between the parties in the NM and the suit, but because the Bills of lading are held up by the Deft. No. 1, it may result in irreparable loss to the plaintiff as the authorities are likely to conduct an auction on 29th Nov, 2020 or immediately thereafter as per their procedure.
During the course of hearing the counsel for the plaintiff and the Counsel for the Deft. No. 1 and Deft. No. 2 and 4 have reached an understanding for passing necessary orders on the NM. However, it is noticed that though the Deft. No. 3 was served by email by the plaintiff before institution of the suit, the Deft. No. 3 is not duly served after filing of the suit. Ld. counsel for the Deft. No. 1 submitted that the understanding between the plaintiff and Deft. No. 1, 2 and 4 cannot be given effect or TOR unless Deft. No. 3 is served.
Ld. counsel for the plaintiff submitted that no relief is claimed against Deft. No. 3. However, he will serve the Deft. No. 3 by email, if short service is granted. In view of the above submission, to safeguard the interest of Deft. No. 1 in respect of the claims of the parties in the suit I find it necessary that Deft. No. 3 ought to be served before passing any orders on the NM. Hence, short service is granted.
Regarding the possibility of the auction on 29.11.2020, plaintiff\''s counsel shall be at liberty to inform the authorities that matter is before the court and necessary orders will be passed on 01.12.2020, when the matter can be taken up for further hearing on the NM.
Matter stands Adj for return of notice to Deft. No. 3 and further hearing on NM to 01.12.2020
Next Purpose: HEARING
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: Adv. Dinesh Jain for plaintiff present and submitted affidavit of service to defendant no. 3 along with photocopy of email and office copy of letter 27.11.20 through which the defendant no. 3 was served by registered post. He also submitted that defendant no. 3 was intimated about today\''s date of hearing and the copy of amended plaint and NM along with copy of order dated 26.11.2020 was also served on defendant no. 3. However, None present for defendant no. 3 when the matter is called out.
Adv. Jaywant for defendant no. 1 present.
Adv. Gupta for defendant no. 2 and 4 present.
Heard Ld. counsel for plaintiff and defendant no. 1 in respect of alternative submissions made by Ld. counsel for plaintiff and the understanding between Ld. counsel for plaintiff and defendant no. 1, 2 and 4 for passing necessary order on the NM, in view of the proposed auction likely to be conducted by the authority and the urgency in the matter.
The Ld. counsel for the plaintiff has proposed that plaintiff is ready to make the payment of the due amount in respect of the subject matter of Bills of Lading to the Deft. No. 1 and thereafter the Deft. No. 1 should immediately release the Bills of lading to the plaintiff, without prejudice to his rights.
The Ld. counsel for the Deft. No. 1 as well as Deft. No. 2 and 4 have consented the above proposal at the time of hearing on the matter on 26.11.20, without prejudice to their rights. The Ld. counsel for the Deft. No. 1 submitted that he has no objection to release the Bills of lading if the court directs that other claims of the parties against each other shall be subject to the decision of the suit.
In view of the above submissions made by the Ld. counsels for both the sides, the statement of counsel for Deft. No. 1 and Deft. No. 2 and 4 made before the court on 26.11.2020 are taken on record and the alternative submissions of the ld. counsel for the plaintiff are accepted.
In view of the statement made by the Ld. counsel for defendant no. 1, 2 and 4 before the court, Ld. counsel for plaintiff is directed to make the payment of the due amount of Rs. 1,75,204/-(subject to deduction, if any, as per Exh-7 attached to the sur-rejoinder of defendant no. 1) in respect of the Bills of Lading to the Deft. No. 1 and thereafter the Deft. No. 1 should immediately release both the Bills of lading no. 592196273 and 60964482 to the plaintiff and documents, if any, without prejudice to their rights. It is also made clear that the above directions and orders of the court shall be binding on the defendant no. 3 also, because it has decided to remain absent inspite of due service regarding the present proceeding. Needless to mention that all the other disputes between the parties in the suit, more particularly, concerning the claim of defendant no. 3, if any, shall be decided in the suit. The plaintiff shall be entitled to agitate the issues raised in the present NM no. 1380/20, which shall remain pending after the mutual understanding between the defendant no. 1, 2 and 4 is given effect to.
Parties shall act on above directions and report compliance to the court by next date.
Matter stands Adj for reporting compliance to 08.01.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: Advocate Dinesh Jain for plaintiff present.
KB
LO at 11.40 am,
Advocate Priyank Shukla h/f adv. N.V.Jayram for defendant no.1 present and submitted that Plaintiff has paid the amount and Defendant no.1 has released the bills of lading.
KB
LO at 12.00pm
Same appearance.
Adv. Shukla seeks time to file affidavit of compliance. Time is granted.
The case is adjourned to 29.01.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: None present.
The case is adjourned to 18.03.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Advocate Harshavardhan Patil for defendants 2 and 4 present.
KB
LO at 04.00pm
As Court is busy in recording evidence in SU No. 2851/15,hence the Board is discharged.
The case is adjourned to 05.04.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: None present.
The case is adjourned to 10.06.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: Court is vacant.
Next Purpose: HEARING
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Matter called out at 1.46 pm.
Pltff is present along with his Adv. Ram Singh.
Adv. for defendant absent.
Pltff tendered affidavit of evidence. TOR. (Exh. 6)
Matter stands adjourned to 22/09/2021 for Evidence.
Adv. M. R. Yadav I/b N. D. Jaywant for Defendant no. 1 present.
On 08/01/2021 Adv. for defendant no 1 made a statement that pltff has paid the amount and Defendant. no. 1 has released the bill of lading. Since then none appeared for the pltff. I have perused prayer clause b of notice of motion wherein pltff prayed for directing the Defendant no. 1 to handover the bill of landing. It appears that sufficient compliance have been done, hence noting survive in the motion, hence same is disposed off.
It appears from the roznama dt. 09/10/2020 that CS No. 561/2020 is already disposed off. Hence same may be removed from CIS.
Till date pltff failed to remove office objection.
Pltff to remove office objection on or before next date and to get the suit registered.
Matter is adjd to 06/01/2022.
Nature Of Disposal: OTHER
Disposal Date: 16-09-2021
