Shree Anukul Industries Pvt LtdVsMaharahstra Jeevan Pradhikaran +1 more

Date: 20-06-2019
Business: Transferred from C. R. No. 3
Adv. Bernardo Reis with Adv. Viraj Kandpile  for plaintiff present.
Representative of defendant no. 1 present.
On behalf of deft. no. 1 Executive Engineer U. B. Wad is present.  He submitted that his advocate is at Thane and seeks time for filing of written statement and reply to NM.   None present on behalf of deft. no. 2.  Plaintiff to serve writ of summons to the defendants.
Earlier order if any to continue till next date.
Matter is adjourned for written statement and reply to NM and service affidavit of writ of summons to 27.6.2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2019

Date: 27-06-2019
Business: Adv. Bernardo Reis with Adv. Viraj Kandpile for plaintiff present.
Adv. Ajit Pitale for deft. no. 1 present.
Adv. S. R. Shetty for deft. no. 2 present.
Adv. for deft. no .1 filed affidavit in reply to NM.
The Ld Counsel for deft no.1 seeks time for filing written statement.  The counsel for the pltff seeks time to file rejoinder to the reply filed by deft no.1. Advocate Shetty for deft no.2 submitted that he will file Vakalatnama on next date and also Written statement  and reply.
Earlier order if any to continue till next date.
Matter is adjd for filing of rejoinder/W/s/reply and Hearing on N/M to 05.07.19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-07-2019

Date: 05-07-2019
Business: Adv. Viraj Kandpile with Adv. Res for plaintiff present.
Adv. S. R. Shetty for defendant no. 2 present.
Advocate for plaintiff tendered registered NM 2268/19.  TOR.
Vakalatnama filed on behalf of defendant no. 2.  O-Seen and filed.
Written statement filed on behalf of defendant no. 2. O-Read and recorded.
Reply to NM filed by the defendant no. 2.  TOR.
Rejoinder filed by the plaintiff  to the reply NM filed by the plaintiff to NM.
Earlier order if any to continue till next date.
Adjourned for NM hearing to 20.7.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2019

Date: 20-07-2019
Business: Adv. Bernardo Reis with Adv. Viraj Kandpile for plaintiff present.
Adv. Ajit Pitale for defendant no. 1 present.
Adv. S. R. Shetty for defendant no. 2 present.
Written statement along with affidavit in support of written statement filed on behalf of defendant no. 1.  O-Read and recorded.
Heard argument of Ld. Advocate for plaintiff and defendant nos. 1 and  2 on Notice of Motion.
Earlier order if any to continue till next date.
Adjourned for order on Notice of Motion to 26.7.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: None present.
Court is busy in other matters.
Adjourned for order on Notice of Motion to 29.7.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: Adv. Reis for plaintiff present.
Adv. Pitale for defendant no. 1 present.
Court is busy in hearing final arguments in time bound session case no. 760/13
Adjourned for order on NM to 1.8.2019
Next Purpose: NM  ORDERS
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: Adv. Reis for plaintiff present.
Court is busy in final hearing in SU-9650/90 and recording evidence in time bound matter.
Adjourned for order on NM to 3.8.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: None preset for plaintiff.
Mr. Prakash Pandit, accountant, Navashiva present.
Order on Notice of Motion is partly dictated.
Adjourned for order on NM to 5.8.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-08-2019

Date: 05-08-2019
Business: None present for plaintiff.
Mr. Prakash Pandit, representative of defendant no. 1 present.
FRSR following order is passed on Notice of Motion No. 2268/2019.
1.  Notice of Motion No. 2268/2019 is rejected.
2.  Costs in the cause.
3.  Notice of Motion is disposed of accordingly.
______________________________________________
Adjourned for inspection of the documents to 14.8.2019.
LO
Adv. Kandpile for plaintiff present.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: Adv. Viraj Kandpile for plaintiff present.
None present for defendant.
The Ld. counsel for the plaintiff seeks time for the inspection of the documents.
Hence matter is adjourned for inspection of documents to  19.8.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-08-2019

Date: 19-08-2019
Business: Adv. Raes for plaintiff present.
Plaintiff present.
Mr. Prakash Pandit Divisional Accountant present on behalf of defendant no. 1.
None present on behalf of defendant no. 2.
Application filed on behalf of the plaintiff for withdrawal of the suit with liberty to file fresh suit.
Order below Exh. 7
The plaintiff have not sought relief for damages and loss of profit and return of refund of principal amount which comes to Rs. 5 Crores approximately.
The plaintiff wish to file comprehensive suit therefore seeks liberty to withdraw the suit.  None present for defendant no. 2.  The representative of defendant no. 1 submitted that as his advocate is not present and therefore he is unable to make statement.
The plaintiff has given sufficient ground for allowing him to institute fresh suit for the present subject matter.  Hence in view of the matter, it is expedient to pass following order.
ORDER
1.  Application (Exh. 7) is allowed.
2.  Permission is granted to withdraw the suit with liberty to file fresh suit.
3.  Parties to bear their own costs.
4.  Court fees be refunded as per rules.
5.  Suit is disposed of accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 19-08-2019

NOTICE OF MOTION/102268/2019

Filing Number: 105839/2019
Filing Date: 31-05-2019
First Hearing Date: 20th June 2019
Decision Date: 19th August 2019
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE