CG Power and Industrial Solutions LtdVsVijesh Chandulal Soni +4 more

Date: 19-07-2018
Business: Adv. Mr. H. Rehman for the Plaintiff present.
Defendant no. 3 present.
Adv. Ms. Geeta Menon for deft no. 4 present and she undertakes to file Vakalatnama on next date.
Vakalatnama of the plff. t.o.r.
Vakalatnama tendered by deft no. 3. t.o.r. O-filed.
As deft nos. 3 and 4 appeared through advocate, they are directed to file W.S on next date.
Matter is adjd. to 28.09.2018 for W.S by deft nos. 3 and 4/ proof of service of writ of summons of deft nos. 1, 2 and 5
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-09-2018

Date: 28-09-2018
Business: Adv. Mr.  Rehaman for the Plaintiff present.
Adv. Mr. Patil for Defendant no. 1  present.
Vakalatnama tendered by deft no. 1. t.o.r.
Mr. Deepak Malkani deft no. 3 in person present.
Written Statement tenderd by deft no. 3. t.o.r. O-filed.
Adv. Ms. Fernandes for Deft no. 4 present.
Vakalatnama tendered by deft no. 4. t.o.r. O-filed.
Adv for the plaintiff seeks adjournment for taking steps in respect of deft no. 2 and 5. Granted as a last chance.
Matter is adjd. to 23.01.2019 for W.S by deft nos. 1 and 4/ proof of service of writ of summons of the deft nos. 2 and 5.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-01-2019

Date: 23-01-2019
Business: Adv. Mr. Rehman for the Plaintiff present.
Adv. Ms. Prachi Bhujbal for Defendant no. 1 present.
Adv. Ms. Prachi Pandya for deft no. 4 present.
Defendant no. 3 in person present.
Written Statement tendered by defendant no. 4. t.o.r. O-filed.
Defendant no. 1 has failed to file W.S within stipulated period. Hence no W.S order is hereby passed against deft no. 1.
Matter is adjd. to 4.03.2019 for steps by the plff in respect of deft no. 2 and 5.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-03-2019

Date: 04-03-2019
Business: Resumed.
Adv. H. Rahman for plaintiff tendered affidavit of service. TOR.
Adv. Mugdha Mody for def. no. 1 filed draft NM with affidavit along with written statement.  TOR.  Leave to register is granted.
Adjd for NM reply to 25.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-04-2019

Date: 25-04-2019
Business: Resumed.
Adv. H. Rehman for plaintiff, Adv. Mugdha Modi for defendant no. 1 and defendant no. 3 in person are present.  None for remaining defendant nos. 4.
Adv. Rehman submits that the plaintiff will take necessary steps against def. no.5.  He also tendered draft Ch/s with affidavit seeking substituted service by publication in news paper.  Leave to register is granted.  Perused the affidavit and copy of envelop returned unserved with a remark incomplete address- not know.
     Considering the same the Ch/s is made absolute with a direction to publish the writ of summons in daily news paper free press journal and Gujrat Samachar as suggested by Adv. Rehman and further also through the sheriff.
Plaintiff to comply the formality of registration of Ch/s. Accordingly the draft Ch/s is disposed off.
Adv. Modi seeks time to get the NM dated 26.02.2019 registered.  Copy is served on Adv. Rehman.  Leave to register is granted.
Adjd for NM reply and compliance to 22.07.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: Adv . Rehman for plaintiff present.
Adv. Mugdha Modi for deft. no. 1 present.
Adv. Miss Fernandes for deft. no. 4 present.
Adv. for plaintiff tendered original chamber summons no. 1053/19 (already disposed of).  TOR.
Plaintiff filed affidavit of service to defendant no. 2.
The Bailiff report reflects that the premises where the deft. no. 2 was carrying out its business has been demolished and the watchman informed the bailiff that the company is already closed and he is not aware about whereabouts.   The plaintiff made paper publication in respect of service of summons to deft. no. 2 in daily Free Press Journal and Gujrat Samachar dated 12.7.2019. Despite the service,  the def. no. 2 failed to appear before this court.   The suit is proceeded exparte against defendant no. 2.
Issue fresh writ of summons to deft. no. 5 to be served through Bailiff
Adv. for deft. no. 1 tendered draft NM.  Leave is granted to register.
Adjourned for filing affidavit of service of writ of summons against defendant no. 5 to 17.9.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2019

Date: 17-09-2019

Date: 15-11-2019
Business: Adv. Jagtiyani  for plaintiff present.
Adv.  Ravikant Purohit for defendant no. 1 present.
Adv. Prachi Pandya  for defendant no. 4 present.
Reply filed by defendant no. 4 to NM no. 2744/19.
The Ld. Advocate for the plaintiff seeks time for hearing on NM.
Adjourned for hearing on NM to 14.1.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Adv. Rehman for plaintiff present.
Adv. Fernandes for deft. no.4 present.
None present on behalf of deft. no.1.
N/M no.2744/19 of deft. no.1 is pending for hearing.  As none present from the side of deft. no.1, the N/M no.2744/19 is put for dismissal.
The matter is adjd for dismissal of N/M to 18.03.2020.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: Matter is called at 12.42 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 29/06/2020 at 2.45 pm for dismissal of N/M.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-06-2020

Date: 29-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM FOR DISMISSAL
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: NM FOR DISMISSAL
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Adv. H. Rahman for plaintiff present.
Adv. Fernandes for deft. no.4 present.
None for deft. nos.1 and 3.
The N/M of deft. no.1 is kept for dismissal.
The matter is adjd for dismissal of N/M to 24.03.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Adv. Rahman for plaintiff present.
Adv. Mugdha Mody for deft. no.1 present.
Adv. Fernandes for deft. no.4 present.
Adv. for deft. no.1 filed application for removing the caption of dismissal of N/M.
O. - Read application.  In the interest of justice, order of dismissal of N/M is called back.
ORDER IN N/M NO.2744/19
Heard.  By this N/M, the deft. no.1 seeks leave of the court to tender written statement on record by condoning the delay.
Ld. counsel for deft. no.1 submitted that the deft. no.1 is based at Mahuva, District Bhavnagar, Gujarat.  The advocate appeared on 28.09.2018 on behalf of deft. no.1 and deft. no.1 was directed to file written statement on 23.01.2019.  He was unable to brief the advocate as his advocate is based at Mumbai and therefore, the written statement could not be filed within the stipulated time and hence, there is delay of 39 days.
Ld. counsel for plaintiff submitted that the delay is of 196 days.  The deft. no.1 has not given sufficient cause for delay and therefore, the N/M needs to be rejected.
No doubt, there is considerable delay in filing written statement.  The reason assigned by the deft. no.1 for delay appears to be just and reasonable.  Apart from that, the matter is not cropped up for effective hearing.  There should not be hyper-technical and pedantic approach in dealing with such type of N/M.  Substantial rights of the parties are involved.  No prejudice would be caused to the plaintiff, if defence of deft. no.1 is taken on record.  It would be in the interest of the parties, if the matter is decided on merits.  The inconvenience caused to the plaintiff due to the delay in filing the written statement can be compensated by imposing reasonable cost.  Hence, it is expedient to pass the following order.
ORDER
1.  N/M No.2744/19 is made absolute in terms of prayer clause (a) and (b) subject to cost of Rs.2,500/- to be paid by deft. no.1 to the plaintiff within a period of four weeks from today.
2.  On payment of cost, written statement of deft. no.1 be taken on record.
The matter is adjd for compliance to 24.06.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June 2021.
Matter adjd to
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Business: None present.
By way of last chance.
Matter adjd for compliance on 07.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: P.O. is gone for Medical Check-up.  Hence, matter adjd.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv. Mohin Choudhary for pltff present.
It is submitted by the ld adv for the pltff that the pltff has received the cost of Rs. 2500/- (Rupees Two Thousand Five Hundred) as per order in NM No. 2744/19.   Therefore the WS of deft no. 1 is now marked as Exh. 9.
Matter is adjd to 24/06/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Adv. H. Rehman for plaintiff is present.
Adv. Modi for defendant no.1 is present.
Adv. Monika Saliyan for defendant no.4 is present.
Defendant no.4 has filed draft issues. T.O.R.
Matter adjd to 15.07.2022 for draft issues by plaintiff.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: Adv. Rahman for plff present.
Adv.Monika  Saliyan for deft no.4 present.
Plff filed draft issues.
Matter adjd to 15/10/2022 for framing issue .
Next Purpose: DRAFT ISSUES
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: Adv. Rehman for plaintiff is present.
Adv. Vanita for defendant no. 4 is present.
Matter adjd to 23.12.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-12-2022

Date: 23-12-2022
Business: Adv. Choudhary Mohit for plaintiff is present.
Adv. Salia for defendant no.4 is present.
Issues are framed at Exh.10.
Matter adjd to 02.03.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Adv. Abdul Kadar h/f Adv. Hafeezur Rahman for plaintiff is present.
Adv. Monika Salian for defendant no.4 is present.
On oral request of Ld.Adv.for plaintiff matter adjourned for evidence.
Matter adjd to 07.08.2023 for evidence of plaintiff.
LO at 12.55 p.m.
Adv. Ansari for defendant no.1 present
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: Adv. H Rehman for plaintiff is present.
Adv. Raujesh Khandelwal for defendant no.1 is present.
Defendant no. 3 in  person is present.
On the oral request of Ld advocates for plaintiff matter is adjourned.
Matter adjd to 13/10/2023 for  R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: Defendant no. 3 in-person present.
Advocate Mr. Rehman for plaintiff is present.
Advocate Ms. Devadiga for defendant no. 1 is present.
Advocate Ms. Salian for defendant no. 4 present.
On oral request of Ld. Advocate for plaintiff, matter is adjourned.
Matter adjd to 21.12.2023 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-12-2023

Date: 21-12-2023
Business: Adv. Wasim Shaikh for plaintiff is present.
Adv. Prachi Pandya for defendant no. 4 is present.
Defendant no. 3 in person is present.
On oral request of Ld. Adv. for plaintiff matter is adjourned for evidence of plaintiff as last chance.
Matter adjd to 05.03.2024 for filing evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: Adv. Hafeezur Rehman for plaintiff present and seek time to lead evidence. O- Time granted subject to undertaking to lead evidence on next date, on failure further order will be passed.
Defendant no.3 in person present.
Adv. Ms. Prachi Pandya for defendant no.4 present.
Matter djd to 14.06.2024  for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: Adv. H. Rahman for plaintiff is present and seek time to lead evidence on the ground that some documents are not available. On last date time was granted subject to undertaking to lead evidence. Considering the reason stated on behalf of plaintiff time granted with understanding that no further time will be granted on next date.
Defendant no.3 in person present.
Matter adjd to 23.08.2024 for evidence of plaintiff on the request of both parties.
L.O at 12.57 p.m
Adv. Rachi Pandya for defendant no.4 is present.
Matter already adjd to 23.08.2024
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-08-2024

Date: 23-08-2024
Business: Adv. H. Rahman for plaintiff is present and seek time. O- Time granted.
None present for defendant.
Matter adjd to 07.11.2024 for evidence of plaintiff on the request of Adv. for plaintiff.
L.O at 12.32 p.m.
Adv. Prachi Pandey i/b Corporate Attorneys for defendant no.4 is present.
Matter already adjd to 07.11.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-11-2024

Date: 07-11-2024
Business: Adv. H. Rehman for plaintiff is present and seek time. O- Time granted.
None present for defendant.
Matter adjd to 05.02.2025 for evidence of plaintiff on the request of Adv. for plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2025

Date: 05-02-2025
Business: Adv. Mohit Chaudhary for plaintiff is present and filed application Exh.11 seeking time on the ground of ill health of advocate on record. O- Time granted with consent as last chance, on failure further order will be passed on next date.
Adv. Prachi Pandya for defendant no.4 is present.
Matter adjd to 07.04.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2025

Date: 07-04-2025
Business: Adv. Moin Chaudhary a/w Adv. H. Rehman for plaintiff is present and seek time. O- Time granted.
None present for defendant.
Matter adjd to 09.07.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2025

Date: 09-07-2025
Business: Adv. Prathamesh Waghmare a/w Adv. Hafeezur Rahman for plaintiff is present and seek time to file affidavit of evidence. O- Time granted.
Adv. Prachi Pandit for defendant no.4 is present.
Matter adjd to 05.08.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2025

Date: 05-08-2025
Business: Adv. H. Rahman for plaintiff is present.
Adv. Bhavya Ganatra for defendant no.4 is present.
Matter adjd to 18.08.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2025

Date: 18-08-2025
Business: P. O. is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-10-2025

Date: 28-10-2025
Business: Adv. Hafeezur Rahman or plaintiff is present and filed evidence affidavit Exh.12 along with compilation of documents Exh.13. TOR.
He also tendered certificate u/s 63 of BSA. TOR. Copy be served on other side.
PW-1 absent.
None present for defendant.
Matter adjd to 03.02.2026 for service.
L. O at 12.25 p.m.
Adv. Bhavya Ganatra i/b Corporate Attorneys for defendant no.4 is present.
Matter already adjd to 03.02.2026.
Next Purpose: SERVICE
Next Hearing Date: 03-02-2026

Date: 03-02-2026
Business: Adv. Hafeezur Rahman for plaintiff is present.
None for defendant no.1 and 2.
Deepak K. Malkani defendant no.3 in person present.
Adv. Bhavya Ganatra i/b Corporate Attorneys for defendant no.4 is present.
PW-1 Shashi Shekhar in person present. (AGM Legal).
Matter adjourned to 13.04.2026 for cross examination of PW-1 by defendant no.3 and 4.
Later on
Defendant no.4 in person present.
Matter adjourned to 13.04.2026 for cross examination of PW-1 by defendant no.3 and 4.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-04-2026

Date: 13-04-2026
Business: P. O is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-04-2026

Date: 17-04-2026
Business: CORAM  HIS HONOUR JUDGE SHRI P. G. BHOSALE (C.R.NO.1)
Sealed packet bearing inward no.6895 dated 15.04.2026 from Dr. Akshaya Chandra Mittal received from department. TOR.
Matter already adjourned to 27.07.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2026

Date: 27-07-2026
Business: None present for plaintiff.
Adv. Jagdish S. Hegde for defendant no.3 is present.
Adv. Bhavya Ganatra for defendant no.4 is present.
Matter adjourned to 10.09.2026 for reply on Exh.13/admission and denial of documents.
Later on at 11.20 a.m
Adv. H. Rahman for plaintiff is present.
Matter adjourned to 10.09.2026 for reply on Exh.13/admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 10-09-2026

Date: 10-09-2026
Business: Adv. Hafeezur Rahman for plaintiff is present.
Adv. Bhavya Ganatra i/b Corporate Attorneys for defendant no.4 is present.
On behalf of defendant no.3 say is filed in respect of admission denial. It is taken on record and marked as Exh.13A.
Packet received from Dr. Akshay Mittal dated 15.04.2026 is opened which discloses that the said defendant no.4 has filed application for rejection of plaint. However in view of the City Civil Court Rules, 1948 notice of motion is require to be taken by the party for any relief such as injunction, rejection of plaint etc. It is thus the application filed by defendant no.4 is filed and disposed of accordingly.
Matter adjourned to 18.11.2026 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-09-2026

Date: 11-09-2026
Business: Not on board taken on board
Letter received from correspondence department bearing inward No.17212 dated 09.09.2026. It is taken on record. O- Seen.
Matter already adjourned to 18.11.2025.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 18-11-2026

CHAMBER SUMMONS/101053/2019
NOTICE OF MOTION/102744/2019

Filing Number: 106727/2018
Filing Date: 05-05-2018
First Hearing Date: 19th July 2018
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE