Harilal Desar Rana Clothing Company LLPVsKalyani Satish Jaiswal +1 more

Date: 15-06-2019
Business: Partner of plaintiff company  present.
Adv. Chirag Gandhi for defendants present.
Plaintiff in person tendered registered NM No. 2092/19. TOR.
Vakalatnama filed on behalf of defendants.
Reply to NM filed by the defendants.  TOR.
Plaintiff suppled the copy of the plaint along with the annexture to the defendants and the same is received by the Ld. counsel for the defendants.
Adjourned for NM hearing to 3.7.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for defendant present.
Heard plaintiff in person.  Partly heard the counsel for deft.
Ld. counsel for the defendant prayed for short adjournment for production of compilation of documents and further arguments.
As a last chance matter is adjourned for NM hearing to 8.7.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2019

Date: 08-07-2019
Business: Plaintiff in person present.
Adv. Jayant Trivedi with Adv. Chirag Gandhy for defendant present.
Draft NM tendered by the defendant.  Leave is granted to register.
Heard argument of plaintiff in person and Ld. Advocate for the defendant on NM No. 2092/19
Adjourned for reply to NM and order on NM No. 2092/19 to 15.7.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhy for deft. present.
Adv. for deft. tendered registered Notice of Motion No. 2612/19.
Draft NM along with affidavit filed by the Ld. Advocate for defendant.  Leave is granted to register.
Court is busy in other matters.
Adjourned for order on Notice of Motion and reply of plaintiff to  Notice of Motion taken out by the defendant to 22.7.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for defendant present.
Plaintiff filed common reply to NM No. 2700/19 and 2612/19 filed by defendant.
The matter is for order.  It seems that the defendant taken out 2 notice of motions.   Both are relating to the jurisdiction of the Court. Hence it is  required to be heard before passing order.
Adjourned for hearing on Notice of Motions to 29.7.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for defendant present.
Adjournment application filed by defendant for filing rejoinder. Granted as a last chance.
Adjourned for filing rejoinder if any and hearing on Notice of Motions to 31.7.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: Plaintiff in person present.
Adv Chirag Gandhi for defendant present.
Rejoinder filed by advocate for defendant.  TOR
Adjourned for hearing on Notice of Motion to 1.8.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for defendant present.
Court is busy in final hearing in SU-9650/90 and recording evidence in time bound matter.
Adjourned for hearing on Notice of Motions to 5.8.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: Plaintiff in person present.
Adv. Trivedi with Adv. Chirag Gandhi for defendant present.
Hd. Ld. counsel for the defendant on N/M No. 2700/19. The plaintiff in person seeks time for hearing on NM 2700/19.  Adjourned for hearing on NM to 8.8.2019 at  4.00 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for defendant present.
Plaintiff filed written argument on NM No. 2700/19
Adjourned for order on NM No. 2700/19 to 19.8.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for defendant present.
FRSR following order is passed on Notice of Motion No.2700/19.
Notice of Motion No. 2700/2019 stands rejected.
The Ld. Advocate for the defendant seeks time for hearing on NM No. 2612/19. Last chance is granted for hearing on NM No. 2612/19.
Adjourned for hearing on NM no. 2612/19 and order on NM no. 2092/19 to 27.8.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for defendant present.
Adjournment application filed on behalf of defendant.
Order below Exh. 5
O-Read application.  Heard.  The defendants have filed application for adjournment on the count that the defendant has preferred appeal challenging the order of this court in Notice of Motion No. 2700/2019.  The defendants have argued partly on NM no. 2612/19.  Plaintiff has filed his written notes of arguments.  The present NM is altogether on different footing to that of the NM 2700/19 the order passed is subject of challenge.  Even the NM no. 2092/19 filed by plaintiff was heard and kept for order.  But as the issue of jurisdiction was raised hence the other two notice of motions of defendants were taken for hearing.  The defendants sought adjournment on last date.  The same was granted as last chance.  The defendants have not produced stamp number / appeal number.  It seems that the defendants are pulling the matter.  No justifiable ground is made out by defendants for adjournment.  But in the interest of justice very last chance is granted.  The defendants to take note that on next date the Court will proceed with the matter unless there is any order of stay to the proceeding.
Adjourned for NM hearing to 4.9.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2019

Date: 04-09-2019
Business: None present for plaintiff.
Adv. Chirag Gandhi for defendant present,
Application for adjournment.
O-Read application. Already last chance was granted to the defendant to argue on NM no. 2612/19. The plaintiff did not turn up to the court today. The plaintiff has filed his written notes of argument on NM 2612/19. In the interest of justice very last chance is granted.
Matter adjn for NM hearing to 09.09.19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for defendant present.
Adjournment application filed on behalf of defendant.
Order below Exh. 7
Read application.  Heard.  Already twice last chance was granted to the defendants to complete their arguments on partly argued NM no. 2612/19.  But it seems that the defendants are prolonging the matter on one or other pretext.  Plaintiff has objected to the adjournment.  Plaintiff has already filed his notes of arguments.  Needless to mention here that sufficient opportunity was granted to the defendants to argue on their NM.  The reason given by the defendants are not cogent.  Hence, application is rejected.
Adjourned for order on Notice of Motions to 19.9.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for defendant present.
FRSR following order is passed on Notice of Motion No. 2612/19
1.  Notice of Motion No. 2612/19 is dismissed.
2.  Cost in the cause.
3.  Notice of Motion is disposed of accordingly.
______________________________________
Adjourned for order on NM no. 2092/19 to 24.9.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for defendant present.
Adjournment application filed by the defendants.
O- Read application and say.  Heard.  The Ld. Counsel for the defendants submitted the A. O and same is pending for disposal on 4.10.2019.  The plaintiff opposed the application.  This motion was heard long back.  Meanwhile two motions which were pending filed by the defendants were decided.  The grounds given by the defendants are not justifiable grounds.  In the interest of justice matter is adjourned .  But the defendants to take note that no adjournment application would be entertained and the Court will proceed to pass order in NM no. 2092/19
Adjourned for NM order to 5.10.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-10-2019

Date: 05-10-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for defendant nos. 1 and 2 present.
Draft NM along with affidavit tendered by the defendant nos. 1 and 2.  Leave is granted to register.
Adjourned for reply and hearing on NM to 10.10.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-10-2019

Date: 10-10-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for defendants present.
Affidavit of service of NM reply tendered by the plaintiff. TOR.
Plaintiff filed reply to NM tendered by the defendants
The Ld. counsel for the defendants submitted that he wish to file rejoinder to the reply filed by the plaintiff.
Adjourned for rejoinder and hearing on NM to 14.10.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for defendants present.
Defendants tendered registered NM NM 3820/19.  TOR.
Adjournment application filed on behalf of defendants.
O-Granted as a last chance.
Adjourned for rejoinder and hearing on NM no. 3820/19 to 19.10. 2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2019

Date: 19-10-2019
Business: None present.
Adv. Chirag Gandhi for defendants present.
Application filed on behalf of defendants for adjournment.
O-The grounds mentioned in the application are not justifiable.  Already last chance was granted to defendants to argue their motion.   Plaintiff is absent.  Therefore hearing on NM is adjourned as a last chance.
Adjourned for rejoinder and hearing on NM no. 3820/19 to 2.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for defendants present.
Adjournment application filed advocate for defendants t.o.r.
O-Read application and Say.
The Defendants have tendered Notice of Motion on 05/10/2019 and the plaintiff filed reply to it on 10/10/19 since 14/10/19 the N/m no. 3820/19 is pending for hearing. Already twice last chance was granted to the defendant for hearing. The ground for adjournment is that defendant did not receive valuation report. The said ground is not acceptable, It is defendants NM and he has to open argument, Sufficient time has been granted to defendants. No concrete ground for adjournment has been set out, Hence application adjournment stands rejected.
The Ld. Counsel for defts is not ready to advance argument in respect of N/M No. 3820/19. The pltff is ready for argument. Already sufficient opportunity has been granted to the defts and inspite of that the deft failed to canvass argument, Hence put N/M No.3820/19 for dismissal order Adjd for Order on NM 2092/19 and for dismissal order N/M No.3820/19.
Matter is adjd to 11.11.2019 for N/M Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for defendants present.
Application filed on behalf of the defendants to allow to file rejoinder and argue on NM No. 3820/19.
O- NM no. 3820/19 was kept for dismissal order.  Permission is granted to the defendants to argue the NM no. 3820/19.
Rejoinder filed by the defendants to the reply of plaintiff to NM 3820/19.  TOR
Heard plaintiff in person and Ld. Advocate for the defendants on NM no. 3820/19.
Adjourned for order on NM no. 3820/19 and 2092/19 to 16.11.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-11-2019

Date: 16-11-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for defendants present.
Draft NM along with affidavit tendered by the defendants. Leave is granted to register.
FRSR following order is passed on Notice of Motion No. 3820/2019.
1.   Notice of Motion No. 3820/19 is rejected with costs of Rs. 2,000/- to be paid to the plaintiff by the defendants.
2.   Notice of Motion is disposed of accordingly.
________________________________________________
Adjourned for reply of plaintiff on NM and order on NM no. 2092/2019 to 22.11.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: Plaintiff in person present.
Adv. Rubina h/f Adv. Chirag Gandhi for defendants present.
Plaintiff filed reply to the draft NM tendered by the defendant on last date.  Defendants have not register the NM and even have not paid the costs in compliance of the order dated 16.11.2019.  Defendants to comply with the order otherwise the defendants will not be heard on this Notice of Motion.
Adjourned for hearing on compliance / hearing on NM to 27.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Plaintiff in person present
Matter was call at 3.20 pm
kb
Later on
Adv. for defendant present.
Exh-13 Application for adjournment filed by defendants.
O- Read application and reply. Heard.
The Ld. Adv. for defendant submitted that he had been to the court to collect Notice of motion for registration, but the paper were missing and upon inquiry it was found that the matter was send for certified copy.
Plaintiff in person opposed the application on count that defendants are deliberately delaying the matter and prayed for rejection of application.
On inquiry with the staff it revealed that the papers were not missing and were not send to department for certified copy. The Ld. Adv. for defendants is directed to desist from making such statement.
Be that as it may, in the interest of justice as a last chance the adjournment is granted to register the Notice of motion and matter is adjourned for hearing on the Notice of motion. Cost paid to the plaintiff by the counsel for defendants. Copy of the reply supplied to the counsel for defendants.
Adjd for NM hearing and for order on notice of motion No. 2092/19 to 02/12/2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Plaintiff in person present.
Adv. Mr. Chirag Gandhi for defendant present.
Original N/M 4561/19 tendered by defendant.  T.O.R.
Application for adjournment.
O. - The matter was twice called but the counsel for the defendant did not turn up.  He tendered registered N/M no.4561/19 at 05.35 pm with this application for adjournment.  This suit is summary suit.  The main N/M 2092/19 was heard on 08.07.2019 and placed for order. Thereafter defts. have filed various N/M which were pertaining to jurisdiction of this court and those were heard in priority.  Again the defendant filed the N/M 3820/19 which was rejected and also this motion was filed.  Considerable time has been consumed by the defendants for prosecuting this motion also.  The reply was handed over to the counsel for the plaintiff on 27.11.2019.  The plaintiff has tendered the reply on record on 22.11.2019.  It appears that the defts. are deliberately delaying the matter.  The reason assigned that the defendants are not available is not cogent reason. Hence, the application (Exh.14) stands rejected.
As the court time is over, the matter is adjd for hearing on N/M to 04.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: Plaintiff in person present.
Adv. Mr. Chirag Gandhi for deft. present.
Adv. for deft. filed rejoinder to N/M no.4561/19.  T.O.R.
Heard arguments on the N/M no.4561/19.
The matter is adjd for order on N/M no.4561/19 and N/M no.2092/19 to 11.12.2019.
Next Purpose: ORDER
Next Hearing Date: 11-12-2019

Date: 11-12-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for deft. present.
As court is busy in hearing on N/M in suit no.9488/89, the matter is adjd for order to 12.12.2019.
Next Purpose: ORDER
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for deft. present.
F.R.S.R. following order is passed -
ORDER
1.    N/M no.4561/2019 stands rejected.
2.    Cost in the cause.
3.    N/M no.4561/2019 is disposed off accordingly.
The matter is adjd for order on N/M no. 2092/19 to 16.12.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: Plaintiff in person present.
Adv. Chirag Gandhi for deft. present.
Court busy in time bound matters, hence, the matter is adjd for order to 03.01.2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: Plaintiff in person present.
Adv. Chirag Gandhi for deft. present.
There is element of settlement in the matter hence, the matter is referred for mediation.
The matter is adjd for mediation report to 28.01.2020.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 28-01-2020

Date: 28-01-2020
Business: None for plaintiff.
Adv. Chirag Gandhi for deft. present.  Deft. present.
Mediation report not received.
The matter is adjd for mediation report to 18.02.2020.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: None for plaintiff.
Adv. Gandhi for deft. present.
Mediation report not received.
The matter is adjd for mediation report to 18.03.2020 at 02.45 pm.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: Matter is called at 12.47 p.m.
None present
In view of the advisory and guidelines of the Hon\''ble High Court related to Corona Virus, the matter is adjourned to 22/06/2020 at 11.00 am for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Business: Covid-19
Next Purpose: MEDIATION REPORT
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Business: Due to Covid-19, the matter is adjourned to 06.02.2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: None present.
Mediation report is not received.  Sheristedar to communicate with mediation department for the report.
The matter is adjd for mediation report to 24.03.2021.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Plaintiff in person present.
None for deft.
The matter was referred to the mediator.  More than two months have passed since the matter was referred.  Hence, matter is taken for the hearing on N/M of plaintiff.
The matter is adjd for N/M hearing to 16.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Business: In view of office order no.106/2021 dated 14.06.2021, the matter not being urgent, is adjourned to 09/08/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Plaintiff in person is present.
Order below NM No. 2092/19
Plaintiff by name Ashwinkumar Harilal Shah is present before the Court and has submitted that he wants to not pressed the notice of motion. He has made an endorsement on it. As the plaintiff has not pressed Notice of Motion No. 2092/19 it stands disposed of as withdrawn. It be removed from the board.
Plaintiff tendered draft notice of motion. O- Leave granted to register.
Matter adjd for service on 30.08.2021.
Next Purpose: SERVICE
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: None present.
Plff is directed to take steps for registration of NM and tender on record original register NM.
Matter adjd for NM reply on 18.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: P.O.is on leave.
Matter adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: As per Office Order No. \''07 of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 13/04/2022 for NM Replyrejoinder.
LO at 3.00 p.m.
Pltff in person Mr. Ashwin Kumar Shah present.
He has submitted that the matter is settled out of Court and he has moved an application TOR.  Marked as Exh. 15
Perused the application.  Heard pltff.  It is submitted that the matter is settled out of the Court and parties are intending to file consent terms.  Hence this matter be placed before National Lokadaalat sheduled to be held on 12/03/2022.  Both the parties to remain present at 10.00 a.m. before Lokadaalat on 12/03/2022.  Issue notices to both the defendants for attending the national lokadaalat.  Authenticated copy of this be given to the pltff for serving it upon the defts.
Matter is kept before lokadaalat on 12/03/2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022

Date: 12-03-2022
Business: Ashwinkumar Shah, plaintiff in person present.
None present for defendant.
Plaintiff filed pursis at Exh.16. The matter is settled out of the Court. Therefore, he wants to withdraw the suit. Suit is disposed off as withdrawn. Court fees be refunded as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 12-03-2022

NOTICE OF MOTION/103820/2019
NOTICE OF MOTION/104561/2019
NOTICE OF MOTION/102612/2019
NOTICE OF MOTION/102092/2019
NOTICE OF MOTION/102700/2019

Filing Number: 105874/2019
Filing Date: 03-06-2019
First Hearing Date: 15th June 2019
Decision Date: 12th March 2022
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE