Bipin Popatlal MehtaVsMcNally Bharat Engineering Co.Ltd. +3 more

Date: 17-07-2019
Business: Court is busy in hearing of HCTB NM in suit no.2489/12, hence board of second session is discharged and case is adjourned to 01/10/2019.
Advocate Mr. Shetty for Defendant present
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2019

Date: 09-08-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: As Court is busy in hearing ad-interim matter in Notice of Motion   No.3267/19 in Suit No.1609/13 (by precipee) till 5.00 p.m., hence rest of the board is discharged and this case is adjourned to 25/11/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: Advocate Ms. Yashvi Panchal for Plaintiff present and sought time for hearing of Notice of Motion. Considering submissions adjourned.
Advocate Priyanka Shetty for Defendant present
Case is adjourned to 17/04/202 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 06-05-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 06-05-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020

Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: Adjourned due to covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Business: None present for plaintiff.
None present for Defendant.
Due to Corona it seems no parties turn to the court hence adjd. to 14/12/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020

Date: 21-09-2020
Business: None present for plaintiff.
None present for Defendant.
Due to Corona it seems no parties turn to the court hence adjd. to 14/12/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Adv Mr. Kaustubh Patil for plff present.
Adv Ms. Priyanka Shetty for deft present.
Advocate for plff seeks adjournment.
By consent, matter is adjd. for NM hearing to 12.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Business: Holiday declared by Honble High Court (as per office order No.78 of 2021, dt.09.04.2021 of this court)
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2021

Date: 12-04-2021
Business: Holiday declared by Honble High Court (as per office order No.78 of 2021, dt.09.04.2021 of this court)
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: Adv Ms. Yashvi Panchal for plff present.
None present for deft.
As nobody is present for deft, considering the present pandemic condition, matter adjd.at same stage till next date.
Matter is adjd. for NM hearing to 29.09.2021.
Judge
L.O. at 12.10 pm.
Adv Ms. Priyanka Shetty i/b Argus Partners for deft No.1 present.
Already adjd. to 29.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2021

Date: 29-09-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2021

Date: 29-09-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2021

Date: 10-11-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: Adv Ms. Yashvi Panchal present for plff. and seeks adjournment.
Adv Ms. Priyanka Shetty present for deft.No.1.
None present for other deft.
By consent, matter is adjd. for NM hearing to 14.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: Adv Ms. Indira present for plff.  and seeks adjournment.
Adv Ms. Priyanka Shetty present for defts.
As adv for plff seeking adjournment, matter is adjd. for NM hearing in the month of June.
Matter is adjd. for NM hearing to 13.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: Adv.Yashmi Panchal for plaintiff present.
Adv.Arjun Amin for deft. present.
Read the order dated 15.04.2019 in roznama. Notice of motion for condonation of delay has been allowed. However, said notice of motion is kept pending. It is required to be disposed of in view of said order. Hence, I pass the following order.
ORDER
NM No.2689/2018 is disposed in view of order dated 15.04.2019. It be removed from CIS Accordingly.
The Ld.Adv.for the deft. filed order passed by NCLT. Copy is received by the pltff. Pltff. to make submission in that regard .
Matter adjd to 29.07.2022 at morning session.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: Adv. Aditya Khare for plaintiff present. he requested for time to take instructions and to make submissions with respect to order of NCLT
None for defendant present.
Matter adjd to 10.10.2022 for Plaintiff submissions.
Judge
Next Purpose: FOR___________________
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: Adv.P .D. Gandhy for plaintiff present.
None present for deft.
Adv.for pltff. submits that plaintiff has expired, he requested for time to take steps.
Matter adjd to 16.12.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-12-2022

Date: 10-10-2022
Business: Adv.P .D. Gandhy for plaintiff present.
None present for deft.
Adv.for pltff. submits that plaintiff has expired, he requested for time to take steps.
Matter adjd to 16.12.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: CORAM : SHRI R.A. SASNE, AD-HOC ADDL. SESSIONS JUDGE
FOR GREATER MUMBAI, (C.R.No.62)
Adv. P.G. Chudasama i/b Adv. P.D. Gandhy for plaintiff present.
None for defendant.
Matter adj. to 22-02-2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-02-2023

Date: 16-12-2022
Business: CORAM : SHRI R.A. SASNE, AD-HOC ADDL. SESSIONS JUDGE
FOR GREATER MUMBAI, (C.R.No.62)
Adv. P.G. Chudasama i/b Adv. P.D. Gandhy for plaintiff present.
None for defendant.
Matter adj. to 22-02-2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: Adv.Priyani Chudasama h/f.Adv.P. D. Gandhy for plaintiff present.
None present for defendant.
No steps are taken by the plaintiff. Matter adjd to 09.06.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2023

Date: 22-02-2023
Business: Adv.Priyani Chudasama h/f.Adv.P. D. Gandhy for plaintiff present.
None present for defendant.
No steps are taken by the plaintiff. Matter adjd to 09.06.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: Adv. Shivani Varade for plaintiff present.
None for defendant
Matter is adjd.to 17-07-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: None for plaintiff.
None for defendant
Matter is adjd.to 30-09-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-09-2023

Date: 30-09-2023
Business: None for plaintiff.
None for defendant
Matter is adjd.to 04-11-2023 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 04-11-2023

Date: 04-11-2023
Business: None for plaintiff.
None for defendant
Matter is adjourned to 16-12-2023 for Order.
Next Purpose: ORDER
Next Hearing Date: 16-12-2023

Date: 16-12-2023
Business: None for plaintiff.
None for defendant
Matter is adjourned to 04-01-2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 04-01-2024

Date: 04-01-2024
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: Adv. Deesha Chaurasia for plaintiff present and filed adjournment application t.o.r. marked as Exh. 22 O- Other side to say.
Adv. Ashok Pandey for defendant no. 1 present and filed say on Exh.22 itself.
Adv.Shashikala Mahamuni  for defendant no. 2 present.
O- Adjournment granted today only.
Order below NM No. 1619/19-
The defendant no. 1 has taken out the NM seeking condonation of delay of 232 days in filing written statement. It is stated in the affidavit in support of NM that the writ of summons was served on the defendant  no. 1 on 23-07-2018. The defendant has affirmed the written statement on 11-04-2019. However the officials of the defendant no. 1 who were handling the matter left the employment of defendant no. 1 and hence, the defendant no. 1 could not traced the papers in respect of suit for long time. Hence, defendant no. 1 seek condonation of delay in filing written statement . The present NM is accompanied with written statement of defendant no. 1 which is seen verified by Mr. Ashwin Gopal on 11th Day of April 2019.It also appears that the plaintiff didnt file any reply to oppose the NM. Considering the nature of the suit which is for specific performance of the agreement, the reason stated by the defendant no. 1 for the delay, I am of the opinion that the defendant no. 1 has made out a sufficient cause to condone the delay in filing written statement. Hence, the NM deserves to the allowed.
Hence, I pass following order
1. NM No. 1619/19 is made absolute in terms of prayer clause (a)
2. The written statement tendered by the defendant no. 1 along with the NM be taken on record and it is marked as Exh.7
It may also  noticed that though the Ld. Counsel for  plaintiff on 10-10-2022 informed the court that the sole plaintiff has expired, there is no details about the date of death of the sole plaintiff nor step has been taken to substitute the deceased plaintiff by his legal representative if any. The Ld. Counsel for  the plaintiff to take steps accordingly.
Matter is adjourned to 22-02-2024 for steps.
Nature Of Disposal: OTHER
Disposal Date: 11-01-2024

Main Case No: SUIT/0101599/2018
Main Cnr: MHCC010041122018
Main Filing No: 111447

Registration Number: 101619/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 104854/2019
Filing Date: 20-04-2019
Decision Date: 11th January 2024
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE