Date: 21-06-2019
Business: Adv. P.D. Gandhi for plff present.
Adv . Ashwini T. for deft.no 1 and 4 to 23 present.
Affidavit of service filed by plff. t.o.r.
Exh. - V/p filed by adv. for deft. no.1 and 4 to 12 and 15 to 23. t.o.r.
She undertakes to file v/p for deft. no. 13 and 14 on next date.
Registered n/m 1772/19 tendered on record by plff.
Adjd. to 03.07.2019 for n/m reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-07-2019
Date: 03-07-2019
Business: Adv for plaintiff present
Adv for deft Mr.Modi present
Adv for deft stated that he will be filling N/M u/s 8 of Arbitration and conciliation act and requested for adjournment. O-Granted.
Adv for plff and deft Requested to give date of 24/07/2019
Matter is Adjd for N/M Hearing to 24/07/2019.
Next Purpose: HEARING
Next Hearing Date: 24-07-2019
Date: 24-07-2019
Business: Court is on Leave
Next Purpose: HEARING
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: Adv for plaintiff Ms.Vasu present.
Adv for deft No.1 Mr.Modi present.
Adv for deft No. 4 and 22 Ms.Ashwini present.
Adv for deft no1 filed VP. T.O.R.
also filed reply N/M
Adv for plaintiff stated that she has received copy of Reply.
Adv for deft no. 4 and 22, deft no. 5 to 21 and 23 filed reply to N/M.
Adv for plaintiff stated that she has received copy of Reply.
Matter is Adjd for N/M Argument to 23.09.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 23-09-2019
Date: 23-09-2019
Business: P.O. is on Leave.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: Adv for plaintiff Mr.Gandhi present.
Adv for deft no.1 Mr.Modi present.
Adv for deft no.4 to 23 Mr.Kapadia
Adv for deft no.1 requested for adjournment. O-Granted.
Matter is Adjd for N/M Argument to 13.11.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Adv for plaintiff Mr.Gandhi present.
Adv for deft no.1 Mr.Kirit Modi present.
Adv for deft no.4 to 23 Mr.Kapadia present.
Heard Argument of Adv for plff partly.
Adv for deft no 4 to 23 stated that there can be settlement.
Matter is Adjd for Argument to 09.12.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: Adv for plaintiff Mr.Gandhi present.
Adv for deft no.1 Mr.Modi present.
Adv for deft no.4 to 23 Mr.Kapadia present.
Heard Argument of Adv for plff and deft.
Matter is Adjd for Order to 11.12.2019.
Next Purpose: ORDER
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Daily Board,
Adv for plaintiff Mr.Pradeep Gandhy a/w Mr.Pradeep Bakhav and Ms.Upasana Varu present.
Adv for deft no.1 Mr.Narayanan present.
Adv for deft no.4 to 23 Mr.Kapadia present.
FRSR Following order is passed
1. Notice of Motion No.1772 of 2019 is allowed in terms of prayer clauses (a) and (d).
2. Defendant Nos.1 and 4 to 23 are hereby restrained through themselves and through their representatives, agents, servants or through any one from selling, transferring, alienating, creating any right or interest and in any manner dealing with the 23,433 shares of plaintiff No.1, i.e. the Suit shares in favour of any other parties till disposal of suit.
3. Defendant Nos. 2 and 3 are hereby restrained from recognising or giving effect to any sale/transfer of the 23,433 Shares, i.e., the Suit Shares, by defendant No.1 and defendant Nos. 4 to 23 in favour of any persons, parties or entities till disposal of Suit.
4. Notice of Motion No.1772 of 2019 stands disposed of.
Matter is Adjd for Steps to 14.01.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: P.O. is on Leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: P.O. is on Leave.
Next Purpose: FOR TAKING STEPS
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 07.04.2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 16.10.2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: COURT IS ON LEAVE
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-11-2020
Date: 11-11-2020
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 02.12.2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv. Kashish Mainkar i/b Wadia Gandhy & Com for plaintiff present.
None for defendant.
Matter adjd to 05/01/2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: Adv.Upasana Vasu i/b. Wadia Ghandy and Co. for plaintiff present.
None present for defendant.
Matter adjd to 20.01.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
None for defendant.
Adv. Upasana Vasu for plaintiff present.
Matter adjd to 28-01-2021 for taking steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv.Upasana Vasu i/b. Wadia Gandhy and Co for plaintiff present.
None present for defendants.
Adv.of plaintiff filed affidavit of service, Exh.3 t.o.r. O-filed.
Matter adjd to 15.02.2021 for order against Deft.1, 4 to 23.
Next Purpose: ORDER
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv.for plaintiff absent.
KB.
Adv. Priyank Kapadia i/b. Adv. Ashwini T. Adv for defendant no. 4 and 23 present.
LO - (Time 1.45 pm)
Adv. for defendant filed Pursis for document of defendant No. 4 to 23 t.o.r. marked Exh. 4
Order Below Exh. 04
The learned Advocate for defendant Nos. 4 to 23 by pursis Exh. 04 seeks to treat the affidavit-in-reply to the notice of motion No. 1772/2019 dated 24.07.2019, tendered on 26.08.2019 as written statement for defendant Nos. 4 to 23.
The learned Advocate for the plaintiff has no objection permitting the defendant to treat his reply to the notice of motion as Written Statement. The two replies dated 24.07.2019 to the notice of motion No. 1772/2019 is permitted to be treated as Written Statement and it is marked as Exh. 05 and 06
Adv. P.S. Ranshur for defendant No. 1 had filed Vakalatnama for defendant no. 1 Exh. 7
Adv. P.S. Ranshur for defendant No. 1, filed application Exh. 8 for permission to file written statement. plaintiff to file say on Exh. 8
Adv. P.S. Ranshur for defendant No. 1 tendered written statement, Order on W/St. - \''put up for order.\''
Matter adjd to 08/03/2021 for Step.
Next Purpose: FOR___________________
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv.Nikhil Gupta for plaintiff present.
None present for defendant.
Ld.adv. seeks time to file say to exh.8. Granted.
Matter adjd to 15.03.2021 for say on Exh.8.
LO
Adv.P.S. Ranshur for defendant present.
Matter adjd to 15.03.2021 for say on Exh.8.
Next Purpose: REPLY
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv.Nikhil Gupta for plaintiff present.
None present for defendant.
Say on Exh.8 filed by Adv. of plaintiff t.o.r., Exh.9
KB
LO
Adv.Prabhakar Ranshur for defendant No.1 present.
Matter adjd to 31.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Nikhil Gupta for plaintiff present.
Adv.for defendant absent.
Heard, adv. for plaintiff
KB.
LO.
Adv. Prabhakar S. Ranshur for defendant no. 1 present.
Matter adjd to 12.04.2021 for order.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 22.4.2021 Agrumnets.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 03.05.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Next Purpose: ARGUMENTS
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 11.06.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 28.06.2021 argument on Exh.09.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 06.07.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: None present for plaintiff.
Adv. Ashwini T. for defendant No.4 to 20 present.
Due to rise in Covid cases, Adjd to 16.07.2021 for argument on point of delay in filing W/s.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: HHJ is on Leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: Adv.Kyle Curry i/b.Wadia Gandhy and Co.for plaintiff present.
None present for defendant.
Due to rise in Covid cases, matter adjd to 13.08.2021 for argument on Exh.9.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv.Nikhil Gupta for plaintiff present.
None present for defendant.
The plaintiff has filed say, Exh.9 in form of objection to accept the written statement. The plaintiff is directed to file chamber summons for the same which can be decided, hence, adjourned for filing chamber summons on 26.08.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv.Nikhil Gupta i/b.Wadia Gandhy and Co. for plaintiff present.
None present for defendant Nos.1 to 3.
Adv.Ashwini T. for defendant Nos.4 to 12 and 15 to 22 present.
Plaintiff submits that the defendant No.1 should file NM for condonation of delay in filing written statement. Defendant No.1 is absent. Read the endorsement on written statement of Defendant No.1. It is kept for order. Defendant No.1 to take steps with regard to same.
Matter adjd to 20.09.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv.Nikhil Gupta i/b.Wadia Gandhy and Co.for plaintiff present.
None present for defendants.
KB
LO at 12.28 pm
Mr.Sagar Praful Shah, representative of defendant No.4 present.
None present for other parties.
Matter adjd to 06.10.2021 for steps by defendant No.1.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Adv.Nikhil Gupta for plaintiff present.
None present for defendant.
Perused the record. The defendant No.1 has filed application Exh.8 requesting to accepting the W/S. The plaintiff has filed reply to the same at Exh.09. On oral request of the plaintiff, adjourned for submission on Exh.08.
Matter adjd to 18.10.2021 for hearing on Exh.08.
L.O at. 12.27 pm
Adv. Aswini T. for defendant nos. 4 to 23 present.
K.B. As the Adv. for defendant Nos. 4 to 23 is filing list of documents.
L.O. at 2.00 p.m.
Adv. for defendant Nos.4 to 23 filed list of documents Exh.10 alongwith its copies.
The Adv. for defendant Nos.4 to 23 submits that the copies of Vakalatnama\''s are office copies and Vakalatnama has been filed for defendant Nos.13 and 14. She also submits that she has filed Death Certificate of defendant No.18. Plaintiff to take note of the same and comply with the requirement.
Already adjd to 18.10.2021 for hearing on Exh.08.
Next Purpose: HEARING
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: 18.10.2021 on holiday declared.
Next Purpose: HEARING
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.09 pm,
Adv.Nikhil Gupta i/b.Wadia Ghandy and Co. for plaintiff present.
Adv.Aruna Narayankar h/f.Adv.Ashwini T. for defendant No.1, 4 to 22 present.
Heard the plaintiff on Exh.8. No argument of defendant No.1.
Matter adjd to 02.12.2021 for order on Exh.8, steps by plff. with respect to det.No.18 (Dead).
Next Purpose: ORDER
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv.Nikhil Gupta i/b.Wadia Gandhy and Co.for plaintiff present.
None present for defendant.
KB
LO at 12.28 pm,
Adv.Nikhil Gupta i/b.Wadia Gandhy and Co.for plaintiff present.
Adv.Ashwini T. for defendant Nos.4 to 23 present.
The adv.for defendant No.4 to 23 furnished copy of death certificate of deft.No.18 and details of legal heirs to the plaintiff.
The adv.for defendant No.4 to 23 filed clients master list with pursis, Exh.11. Copy of same is furnished to the plaintiff. Endorsement to that effect is made.
Matter adjd to 11.01.2022 for steps in respect of deceased deft.No.18 and order on Exh.8.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 08.02.2022 for steps in respect of deceased deft.18 and order on Exh.8.
Judge
LO at 12.32 pm,
Adv.Nikhil Gupta for plaintiff present.
Adv. for plaintiff filed draft chamber summons a/w. affidavit in support for taking legal heirs of defendant No.18. O-Leave granted to register draft chamber summons.
Matter adjd to 08.02.2022 for order on Exh.8.
Next Purpose: ORDER
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: Adv. Mr. Nikhil Gupta i/b Wadia and Co. present for plaintiff.
None present for defendant.
Advocate for the plaintiff tendered registered Ch/s No.71/2022 along with affidavit in support. t.o.r.
The plaintiff tendered service affidavit\''s at Exh.12 and 13. t.o.r.
Matter adjd to 07/03/2022 for order on Exh.8 and hearing on Ch/s.
Next Purpose: ORDER
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv.Nikhil Gupta i/b.Wadia Ghandy and Co. for plaintiff present.
None present for defendant.
KB for order on Exh.8
LO at 05.35 pm,
Already heard the plaintiff on Exh.8. No argument of defendant.
F.R.S.R. FOLLOWING ORDER IS PASSED BELOW EXH.8
ORDER
1. Application exhibit-8 is rejected.
2. Suit to proceed without written statement of defendant No.1.
3. Costs shall follow the event.
Matter adjd to 05.04.2022 for hearing of chamber summons.
Next Purpose: HEARING
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv.Nikhil Gupta i/b.Wadia Gandhy and Co. for plaintiff present.
None present for defendant.
Mr.Sagar Shah, representative of deft.No.4 to 23 present.
Heard Adv.of plaintiff on Ch/s.No.71/22
KB for order
LO at 05.30 pm,
As Court is busy in dictating judgment in Com.SU No.475/2020 and in Com. SU No.1302/2021, hence, adjourned.
Matter adjd to 07.06.2022 for Ch/s. Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: None present for both parties.
K.B. L.O.at 1.25 p.m.
None present for both parties.
Matter adjd to 30.06.2022 for Ch/s hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 30-06-2022
Date: 30-06-2022
Business: None present.
KB
LO 2.45 pm.
None Present for Plff.
Adv. Nikhil Gupta I/b Wadia Ghandy and Co. Present for Deft.
After going through record, it seems that notice of CS 71/22 was not issued to the proposed legal representatives of deceased deft no.18. Issue notice of CS 71/22 to proposed LRs.
Adj. For awaiting report of notice of CS 71/22 on 14/07/2022.
Next Purpose: REPORT
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Adv. Smt. Priyanka Chaddha for plaintiff present.
Son of defendant No.4 and 22 namely Sagar Praful Shah present.
Advocate of plaintiff seeks time for service affidavit.
Case is adjourned for service affidavit inrespect of ch/s no. 71/2022 to 08.08.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv. Nikhil Gupta Present for Plff.
Adv. Yashvi Panchal Present for Deft no.4 to 22.
Ex.14 - adv of plff filed service affidavit in CS 71/22. as per service affidavit and courier postal tracking report proposed LR’s of deft no.18 served with summons but courier service is not authorise hence they are not properly served.
Ex.15 - VP filed by Adv. Yashvi Panchal For LR no.18-A and B of deft no.18.
Adj. For reply on CS 71/22 on 29/08/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: None Present for Plff.
None Present for Deft no.1 to 3.
Adv. Yashvi Panchal Present for Deft no. 4 to 23.
Adv of deft no.4 to 22 filed reply overleaf on CS.
KB LO 12.04.
Adv. Priyanka Chaddha I/b Wadia Gandhya and Co. Present for Plff.
KB 1.30.
Adv. Nikhil Gupta I/b Wadia Gandhya and Co. Present for Plff.
As per order dtd.07.03.2022 suit proceeded without WS of Deft.no.1.
As per service affidavit along with RPAD cards(Exh-3) deft No.2 served with suit summons in May-2019. But till today deft no.2 did not appear. Hence suit be proceeded Ex-parte against deft no.2.
As per service affidavit Ex.02/1 filed on 21/06/2019 deft no.3 served with suit summons in May-2019 but till today deft no.3 did not appear. Hence suit be proceeded Ex-parte against deft no.3.
Ex.16- VP filed by Adv.Yashvi Panchal For deft no.4 to 23.
Ex.17- Adv of deft no. 4 to 23 has filed pursis for information regarding death of deft no.21. - Plff has received copy of the said pursis.
Adv of both parties seeks time for hearing on CS 71/22.
Adj. For Hearing on CS 71/22 on 14/09/2022.
Next Purpose: C/S HEARING
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: None Present for Plff.
Adv. Yashavi Panchal Present for Deft no. 4 to 22.
KB LO 1.00 pm.
Adv. Nikhil Gupta I/b Wadia Gandhy and Co. Present for Plff.
Heard argument adv of plff.
F.R.S.R. following order passed below CS 71/22.
1. Chamber Summons No.71 of 2022 is allowed.
i) Plaintiffs are allowed to bring on record the legal representatives of deceased defendant No.18 mentioned in para No.1 supra.
ii) Plaintiffs shall carry out amendment in plaint till next date.
Adj. For Compliance on 27/09/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: Adv. Nikhil Gupta Present for Plff.
None Present for Deft.
Adv of plff present he carried out amendment as per order dt. 14/09/2022 in the plaint.
Issue suit summons to deft no. 18(a), 18(b).
Adj. For Service affidavit in respect of deft no. 18(a), 18(b) and amendment plaint on 21/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-10-2022
Date: 21-10-2022
Business: PO is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: Adv. Nikhil Gupta I/b Wadia Gandhy and Co Present for Plff.
Adv. Yashvi Panchal Present for Deft no.4 to 22.
Adv of plff has filed draft CS along with affidavit for amendment in the plaint and to bring legal representative of deceased deft no.21. Leave granted to register CS. Copy be served upon otherside and proposed LRs of Deft no.21. Service affidavit be filed.
Adv of plff seeks time for extension of suit summons to Deft no.18(a) (b). Granted.
Adj. For CS returnable, Service affidavit in respect of Proposed LR of Deft no.21 and Service affidavit in respect of Deft no.18(a) (b) and amendment plaint on 03/12/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: None Present for Plff.
Adv. Siddhi Somani I/b Alliance Law Present for Deft no.3.
Adv. Khushi Varma h/f Yashvi Panchal Present for Deft no. 4 to 22.
Ex.18 - VP filed by Alliance Law on behalf of deft no.3. However suit already proceeded ex-parte against deft no.3 as per order dt. 29/08/2022.
Adj. For Service affidavit in respect of proposed LRs of Deft no.21 and service affidavit in respect of deft no. 18 (a) (b) and for copy of amendment plaint and CS 1764/22 returnable on 06/01/2023.
LO 12.30.
Adv. Nikhil Gupta I/b Wadia Ghandy and Co. Present for Plff.
adv of plff has tendered registered CS 1764/22 along with affidavit.
Ex.19 - adv of plff has filed service affidavit regarding deft no.18(a) (b) along with RPAD cards and postal tracking report. It shows that deft no.18(a) and deft no.18 (b) served with suit summon on 29/11/2022 and 15/11/2022 respectively. However they did not appear.
Ex.20 - adv of plff has filed service affidavit in CS 1764/22. He sent CS to proposed deft no.21 personally and not through the department of this Court.
Adj. For Service affidavit in respect of proposed LRs of Deft no.21 in CS 1764/22 and Order against deft no. 18 (a) (b) and for Copy of amendment plaint on 06/01/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-01-2023
Date: 06-01-2023
Business: Adv. Nikhil Gupta I/b Wadia Gandhy and Co. Present for Plff.
Adv. Yashvi Panchal Present for Deft no. 4 to 22.
Adv. Siddhi Somani I/b Alliance law Present for Deft no.3.
Adv of plff has tendered registered CS 1764/22 along with affidavit.
Exh.21 - Adv of plff has filed service affidavit in respect of proposed legal representative of deft no.21(a). It shows that proposed deft no.21(a) served with CS on 12/12/2022.
Exh.22- VP filed by Adv. Yashvi panchal on behalf of Deft no.21(a).
Exh.23- written statement of deft no.18(a) and deft no.18(b). Copy served to adv of plff.
Adv of proposed deft no.21(a) has filed say on overleaf on CS 1764/22 and contended that appropriate order be passed.
Heard adv of both parties on CS 1764/22.
Perused plaint. It seems that right to sue survive against deceased deft no.21. Therefore it is necessary to bring legal heir on record. Hence CS 1764/22 is allowed.
1. Plff shall carry out necessary amendment in the plaint regarding legal representative of deceased deft no.21 till next date.
2. Copy of amendment plaint be served to deft no.21(a).
Adj. For Carrying out amendment and Service affidavit on 31/01/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: Adv. Nikhil Gupta for plaintiff present.
Adv.Khushi Verma for Defendant no. 4 to 22 present.
Plaintiff has carried out amendment as per order dated 06.01.2023.
Exh.1/1 Copy of amended plaint filed by adv of plaintiff.
Exh.24 Adv of defendant no. 21A has filed written statement with affidavit. Copy served to otherside.
Exh.25 Adv of plaintiff has filed service affidavit regarding service of amended plaint to defendant no. 21A.
Adv of defendant no. 21A seeks time for filing statement of truth and address memo.
Case adjd for statement of truth and address memo on 22.02.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: Adv. Nikhil Gupta for plff present.
Adv. Siddhi Somani I/b Alliance Law for deft. no.3 present.
Adv. Yashvi Panchal for deft. 4 to 23, 18A, 18B, 21A present.
None present for defendant no.1.
Defendant no.2 - Exparte.
K.B.
LO at 1.20 p.m.
Exh.26 Advocate for defendant No.4 to 23,18A, 18B, 21A filed statement of truth of defendant No.18A and 18B.
Exh.27 Advocate for defendant No.4 to 23,18A, 18B, 21A filed statement of truth of defendant No.18A and 18B.
Exh.28 Address memo of defendant No.18A, 18B and 21A filed by advocate for defendant No.4 to 23,18A, 18B, 21A.
Case adjourned for Admission and denial to 24.03.2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: Adv. Nikhil Gupta I/b Wadia Gandhy And Co. Present for Plff.
Adv. Sonakshi Sahay I/b Allance Law Present for Deft no.3.
Exh.29 - adv of plff has filed application for withdrawal of the suit conditionally. Otherside to say.
Authorize representative of plaintiff Shruti Sharma is present.
It seems that advocate of deft no. 4 to 23, 18(a,b), 21(a) has given no objection on overleaf of this application. However subsequently plff has inserted sentence in application for conditional withdrawal, therefore it is necessary to call say of the defendants. Copy of application Exh.29 be supplied to otherside
Adj. For Say on Exh.29 on 21/06/2023.
LO 4.45 pm.
Adv. Nikhil Gupta I/b Wadia Gandhy And Co. Present for Plff.
Adv. Yashvi Panchal Present for Deft no. 4 to 23, 18(a) 18(b) and 21(a).
Authorize representative of plaintiff Shruti Sharma is present.
Exh.30- adv of plff has filed pursis for withdrawing suit unconditionally. Representative of plaintiff Shruti Sharma admitted the contents of pursis as true and correct.
Advocate of deft no.4 to 23, 18(a) 18(b) and 21(a) has given no objection to withdraw the suit. Hence following order.
1. Suit stands withdrawn.
2. Court fees be returned as per rule.
Nature Of Disposal: WITHDRAWL
Disposal Date: 12-04-2023