Jayesh Dharamdas JhaveriVsKantilal Kalyanji Gogri +4 more

Date: 26-07-2019
Business: Adv. Redij for plaintiff present.
Adv. Cherin Lapaztaiya for defendant present.
Vakalatnama filed on behalf of defendant.  O-Seen and filed.
The Ld. counsel for the defendant submitted that he has received the summons of summary suit and suit is registered as commercial suit.  Therefore it is difficult for him to take steps whether to file application for grant of leave to defend or to file written statement.
The Ld. counsel for the plaintiff submitted that he has filed the summary suit although the suit is registered as commercial suit.  Parties to advance argument on next date to apprise the court for adopting the further procedure i.e. whether as per order 37 or as per the procedure in Commercial Court''s Act.
Adjourned for hearing to 6.8.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-08-2019

Date: 06-08-2019
Business: Adv. Redij for plaintiff present.
Adv. Cherin Lapaztaiya for defendant present.
The Ld. counsel for the plaintiff seeks time for advancing argument for the procedure to be applied whether as per Order 37 or as per Commercial Court Act.
Adjourned for hearing to 16.8.2019.
Next Purpose: HEARING
Next Hearing Date: 16-08-2019

Date: 16-08-2019
Business: Plaintiff present.
Adv. Ruby Varghat for defendant present.
The suit is registered as commercial suit.  Nothing represented by the parties whether the suit be tried as commercial suit or summary suit
Adjourned for filing written statement to 11.9.2019
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-09-2019

Date: 11-09-2019
Business: Adv. Kunal Thakkar for plaintiff present.
Adv. Ruby Varkhat for defendant present.
Written statement filed on behalf of defendant.  TOR.
Copy of written statement supplied to the plaintiff.
Adjourned for verification of written statement and discovery and inspection of the documents by the parties  to 25.9.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: Adv. Redis for plaintiff present.
Adv. Ruby Varkhat for defendant present.
Adjourned for verification of written statement and discovery and inspection of the documents by the parties to  1.10.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Adv. Redij for plaintiff present.
Adv. Ruby Warghat for defendants present.
Draft CS tendered by the plaintiff. Leave is granted to register.  Copy supplied to defendant.
Adjourned for reply to chamber summons to 14.10.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: Adv. Shriram  Redij for plaintiff present.
Adv. Ruby Warkhat for defendant present.
Registered CS no. 1765/19 tendered by plaintiff.
Reply to CS filed by the defendant. Copy of the reply supplied to the plaintiff.
Adjourned for hearing on CS to 4.11.2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: Adv. Shriram Redij for plaintiff present.
Adv. Ruby Warkhat for defendant present.
The Ld. Counsel for the defendant seeks time for hearing on CS.
Adjourned as a last chance for hearing on CS to 18.11.2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Adv. Shriram S. Redij for plaintiff present.
Adv. Niranjan Lapashiya a/w Adv. Ruby Warkhat  for defendant present.
Heard. Ld. Advocate for the plaintiff on defendant on chamber summons no. 1765/19.
Adjourned for order on chamber summons no. 1765/19 to 23.11.2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-11-2019

Date: 23-11-2019
Business: Adv. Shyam Horambe for plaintiff present.
Adv. Ruby Warkhat for defendant present.
FRSR following order is passed on Chamber Summons no. 1765/2019
1.  Chamber Summons No. 1765/2019 is made absolute in terms of prayer clause (a).
2.  Plaintiff  to carry out necessary amendment within a period of 14 days from today.
3.  Chamber Summons is disposed of accordingly.
_________________________________________________
Defendant filed the application for stay of the order.
In the interest of justice the effect and operation of the order is stayed for a period of seven days from today.
Adjourned for compliance to 17.12.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-11-2019

Date: 30-11-2019
Business: By precipe.
None present for plaintiff.
Adv. Mr. Furia for defendant present.
Ld. Counsel for the defendant submitted that he has served notice to the counsel for the plaintiff that he is going to move precipe today.
Application for extension of stay to the effect and operation of order dated 23.11.2019.
Read application.  Heard.  On perusal of record, it appears that the order was duly signed and has been uploaded to the system but the contention of the counsel for the defendant is that the same is not reflected online.  There is nothing to disbelieve said contention of Ld. Counsel of defendant.  It is further contended that even the concerned clerk of the counsel for the defendant has received SMS from the department that the photocopy of the order is taken out and it would be ready for delivery within period of 4 days.  Considering the reasons assigned by the counsel for the defendant, the order of stay is further extended by two weeks from today.  Application Exh.5 is disposed off accordingly.
The matter is already adjd to 17.12.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Adv. Kunal Thakkar for pltff present.
Adv. Jha for deft present.
Ld counsel for the pltff submitted that as the deft has challenged the order in Ch/s no.1765/19 and the Writ Petition of the deft came to be dismissed on 12.12.2019. hence pltff seeks extension of time for carried of amendment time of 7 days todays are granted.
Matter is adjd to 09.01.2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Adv. Redij for plaintiff present.
Adv. Jha for deft. present.
It appears from the record that the plaintiff has carried out the amendment.
Ld. counsel for plaintiff seeks time to file amended plaint.
Granted.
The matter is adjd for compliance and additional W/S, if any to 23.01.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-01-2020

Date: 23-01-2020
Business: Adv. Horambe for plaintiff present.
Adv. Uma Jha for deft. present.
Plaintiff tendered amended plaint.
Ld. counsel for plaintiff seeks time to file additional W/S.  Granted.
The matter is adjd for additional W/S to 30.01.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Adv. Shyam Horambe for pltff present.
Adv. Uma Jha for deft present.
Ld. Counsel for the defendant seeks to file additional Written Statement. Granted as a last chance.
The matter is adjd for  additional W/st to 14.02.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Adv. Redij for plaintiff present.
Adv. Uma Jha for deft. present.
Deft. filed additional written statement.
O. - Read and recorded.
Copy is supplied to counsel for plaintiff.
Plaintiff tendered draft N/M.  Leave is granted to register.
Ld. counsel for plaintiff undertakes to supply copy of N/M to counsel for deft.
The matter is adjd for reply to N/M to 21.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: None for plaintiff.
Adv. Uma Jha for deft. present.
Ld. counsel for deft. seeks time to file reply on Exh.6.  Granted as a last chance.
The matter is adjd for say on Exh.6 to 28.02.2020.
Next Purpose: REPLY
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Adv. Kunal Thakkar for pltff present.
Adv. Umar Jha for deft present.
Ld counsel for pltff tendered register N/M No.736/20 reply filed by defendant to the N/M.
Copy supplied to counsel for pltff.
exh.6 List of document tendered by pltff.
Matter is adjd to 13.03.2020 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: (Matter is received from C.R. No.1).
Advocate for plaintiff is present.
Adv. for Deft is present.
Adjourned for N/M hearing to 7/4/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2020

Date: 24-07-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2020

Date: 18-08-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI  R.V. KOKARE(C.R.31)
Both parties and their advs are absent when called out.
Adjd for NM hearing to 8/10/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing  Notice of Motion to 28/10/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: Adv. Sriram Redij for plff. present  and tendered Consent Terms. TOR and marked  at Exh. 6.
Adv. Cherim Lapashiya  for defts. present.
Plaintiff present.
Defendant no. 1 and 2 present.
Deft. nos. 3, 4 and  5 are absent.
Matter adjd for  hearing on compromise and order to 7.11.2020.
Next Purpose: HEARING
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Business: Adv. Mr. Redij for plaintiff present.
None present for defendant.
Adjourned for Consent Terms on 11.11.2020.
Next Purpose: HEARING
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Business: Advocate Mr. Shriram Redij for plaintiff is present.
Defendant nos. 1,3,4 and 5 are present.
Advocate Cherim Lapashiya for defendants is present.
Order below Exh. 06 (Consent Terms)
The plaintiff and defendant nos. 1 and 2 and their advocates were present before me on 05.11.2020. Today the defendant nos. 1,3,4 and 5 and their advocates are present. All the parties have admitted contents of consent terms. Hence, read and recorded.
Order below Exh. 01
In view of consent terms at Exh. 06, parties have settled the matter. Hence, decree be drawn up as per terms and conditions of consent terms at Exh. 06. No order as to costs. Court fees be returned to the plaintiff as per rules. Hence, this suit is hereby finally disposed off.
N/M No. 736/20 does not survive. Hence, disposed off accordingly.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 11-11-2020

CHAMBER SUMMONS/101765/2019
NOTICE OF MOTION/100736/2020

Registration Number: 100039/2019
Transfer Date: 12-03-2020
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 31 - COURT 31  ADDL SESSIONS JUDGE

Filing Number: 106342/2019
Filing Date: 14-06-2019
First Hearing Date: 26th July 2019
Decision Date: 11th November 2020
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE