Kalpana Dhaval ShahVsSecurities and Exchange Board of India And Ors

Date: 28-06-2019
Business: Adv. Gardi  for plaintiff present.
Adv. Binjal Upadhyay for deft. no. 13 present.
Adv. Cynthia Pereira for deft. no. 7 present.
The Ld. Counsel Anaisha Zocharih Shah appeared on behalf of deft. no. 6
Vaklatnama filed on behalf of deft. no. 7. O-Seen and filed.
Application filed on behalf of plaintiff for reissue of summons on deft. no. 15 and 22
Adv. for deft. no. 6 filed undertaking to file vakalatnama on behalf of deft. no. 6.
O-Granted on the basis of undertaking.
Order below Exh. 11
Read application.  Heard. Issue fresh writ of summons to deft. nos.  15 and 22
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Ld. counsel for the plaintiff tendered affidavit of service. On perusal of the documents annexed it appears that deft. nos. 1, 3, 6, 12, 13, 16, 17 and 18  are duly served.  The acknowledgment of deft. no. 15 and 22 does not bear signature or stamp to whom the writ of summons was delivered.    The deft. no. 13, 16, 12 appeared through their advocate.  Deft. no. 13 has filed the written statement.  Deft. no. 1 appear through advocate but his advocate did not file the vakalatnama.  The matter is proceeded without written statement against deft. nos. 1, 12, 16.  The Ld. Counsel Anaisha Zocharih appeared on behalf of deft. no. 6. She seeks time to file vakalatnama.  From the record it appears that deft. no. 6 served with writ of summons on 3.12.2018.  The deft. no. 6 failed to file the written statement within  the prescribed period.  Hence, suit is proceeded without written statement against deft. no. 6.
On the record there is no proof of service to deft. no. 7.  So therefore it is difficult to calculate the period of 30 days of service of summons.  Hence, time is granted to defendant no. 7 to file the written statement.
Draft chamber summons tendered by plaintiff for substitute service of writ of summons to deft. no. 2  Leave is granted to register.
Order on Draft Chamber Summons
The plaintiff has filed the affidavit of service and along with it annexed the sealed envelope of writ of summons and plaint with annextures which was duly tendered through speed post to deft. no. 2 at his last known address. The postal endorsement does not disclose the remark of intimation posted but the same was not collected by the deft. no. 2.  The plaintiff submitted on oath that the deft. no. 2 willfully avoiding the service of the summons and therefore prayed for substitute  service of summons to the defendant no. 2.  It appears from the postal endorsement that the defendant no .2 is willfully avoiding service of the summons and therefore the prayer for substitute service by paper publication needs consideration.  Hence, it is expedient to pass following order.
ORDER
1.   Chamber Summons is allowed in terms of prayer clause (a) and (b)
2.  Chamber Summons  is disposed of accordingly.
3.  Chamber Summons be registered for statistical purpose.
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Defendant nos. 3, 17, 18 despite the service of summons failed to appear hence suit is proceeded exparte against defendant nos. 3, 17 and 18.
The Ld. counsel for the plaintiff submitted that acknowledgment of the defendant nos.  4, 5, 8, 9, 10, 11, 14, 19 and 21 is not received and accordingly the plaintiff has made complaint to the postal department
Adjourned for  service affidavit of writ of summons to defendant  4, 5, 8, 9, 10, 11, 14, 19 and 21 and report of service to deft. nos. 2, 15 and 22 and written statement by deft. no. 7 to 20.8.2018.
LO
Adv. Sufiyan Shaikh for deft .no. 12 present.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-08-2019

Date: 20-08-2019
Business: Adv. Gardi for plaintiff present.
Adv. Moman for defendant no. 1 present.
Adv. Mangesh Nalawade for defendant no. 13 present.
Adv. Madhavi for defendant no. 6 present.
Vakalatnama filed on behalf of defendant no. 1. O-Seen and filed.
Affidavit of service filed by the plaintiff in respect of service of writ of summons to defendant nos. 15 ad 22.
Along with the affidavit the postal acknowledgment Exh A shows service of writ of summons to defendant no. 22.  Exh. B is the tracking report in respect of  delivery of the consignment to def. no. 15.  defendant nos. 15 and 22, despite the service, failed to appear.  Suit to proceed exparte against defendant nos. 15 and 22.
Disposed of chamber summons 1168/19 tendered by the plaintiff.  TOR.
Service affidavit in respect of Chamber summons filed by the plaintiff.  TOR.
Adjourned for affidavit of service of writ of summons in respect of defendant nos. 4, 5, 8, 9, 10, 11, 14, 19 and 21 to 17.10.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Adv. Kartik Gardi for plaintiff present.
Adv. Manish Khabrani for defendant no. 12 present.
Adv. Arnav Mishra for defendant no. 1 present.
Adv. Madhavi Nalluri for defendant no. 6 present.
Adv. Nalawade for defendant no. 13 present.
Vakalatnama filed on behalf of defendant no. 6.  O-Seen and filed.
Draft NM along with affidavit and written statement tendered by the defendant no. 6. Leave is granted to register.
Pursis filed by the plaintiff.  O-Seen and filed.
Plaintiff has filed the acknowledgement alongwith affidavit dated 2.5.2019 in respect of defendant nos.  4, 5, 8, 9, 10, 11, 14, 19, 20 and 21.  It appears that despite the service of writ of summons, these defendants failed to appear.  Hence, suit to proceed  exparte against defendant nos.  4, 5, 8, 9, 10, 11, 14, 19, 20 and 21.
The defendant no. 2 has been served by paper publication.  Plaintiff has filed service affidavit on 20.8.2019 in that respect.   In spite the service, defendant no. 2 failed to appear  Hence suit is proceeded exparte against defendant no. 2.
The Ld. Advocate for the plaintiff filed reply to the draft NM tendered by defendant no. 6 on NM itself.
Heard argument of Ld. Advoate for defendant no. 6 and plaintiff on draft NM tendered by the defendant no. 6.
Order on draft NM tendered by defendant no. 6.
Heard. This Notice of Motion is tendered by defendant no. 6 inter-alia for setting aside without written statement order and condoning the delay in filing written statement.    The Ld. counsel fro the defendant no .6 submitted that defendant no. 6 had send the relevant papers to his advocate but due to miscommunication, the advocate could not reach and the matter was adjourned.  Subsequently the advocate appeared on 28.6.2019.  On 28.6.2019 order of without written statement of defendant no. 6 was passed.   The defendant  no. 6 due to miscommunication and inadvertence could not file the written statement and prayed for condoning the delay.
The plaintiff objected the NM on the count that there is substantial delay without giving sufficient cause.  Hence prayed for dismissal of the NM.
The matter is at preliminary stage.  The service to the other defendants was completed and the orders against the defendants who failed to appear was passed today by this court. The defendant no. 6 wish to participate in the trial and therefore it would be in the interest of the parties if the matter is heard on merit by giving fair and reasonable opportunities to the parties appearing in the matter.   Substantial rights of the defendant no. 6 are involved.  No prejudice would be caused to the plaintiff if the present motion is considered.  In the interest of justice the Notice of Motion needs consideration.  Hence, it is  expedient to pass following order.
ORDER
1.  Draft Notice of Motion is made absolute in terms of prayer clause (a) to (c) subject to costs of Rs. 3000/- to be paid by the defendant no. 6 to the plaintiff within a period of four weeks from today.
2. The payment of costs is subject precedent.
3. On compliance of the order, written statement be taken on the record.
4.  Draft notice of motion be registered for statistical purpose.
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Adjourned for compliance to 12.12.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: Adv. K. Gardi for plaintiff present.
Adv. Sushant Yadav for deft. no.1 present.
Adv. Ragini Jeta for deft. no.6 present.
Adv. Manish K. for deft. no.12 present.
Adv. Mangesh Nalawade for deft. no.13 present.
Draft N/M tendered by deft. no.1.
Leave is granted to register it.
Ld. counsel for deft. no.6 seeks leave of the court to pay cost after the period of 4 weeks.  Leave is granted.
Counsel for plaintiff accepted the cheque for cost.
Written statement of deft. no.6 is taken on record.
O. - Read and recorded.
ORDER IN DRAFT N/M
This N/M is tendered by deft. no.1 seeking leave of this court to file the W/S beyond the period of limitation.  The plaintiff has no objection for taking W/S on record.  Ld. Counsel for deft. no.1 submitted that deft. no.1 is a formal party.  The deft. no.1 has made out sufficient ground for delay in filing W/S.  Considering the same, it is just and expedient to pass the following order.
ORDER
1.     Draft N/M is made absolute in terms of prayer clause (a) and (b).
2.     W/S of deft. no.1 be taken on record.
3.      Draft N/M is disposed off accordingly and defendant  no.1 to register the draft N/M for statistical purposes.
W/S of deft. no.1.
O. - Read and recorded.
The matter is adjd for issues to 21.02.2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 04-04-2020

Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S  HEARING
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: C/S  HEARING
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
Next Purpose: C/S  HEARING
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 25.01.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: None present for plff.
Adv Sushant Yadav for deft no. 1 present.
Adv. Manish Khabrani for deft no. 12 present.
Adv Mangesh Nalawade for deft no. 13 present.
The matter is adjd for framing issues to 06.03.2021.
LO 3.25 pm
Adv C. Y. Pereira for deft no. 7 present.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-03-2021

Date: 06-03-2021
Business: Ch/sum no.1168/19 is already disposed of before registration on 28.06.2019.
Nature Of Disposal: OTHERWISE
Disposal Date: 06-03-2021

Main Case No: SUIT/0102860/2018
Main Cnr: MHCC010129092018
Main Filing No: 111447

Filing Number: 107078/2019
Filing Date: 28-06-2019
First Hearing Date: 28th June 2019
Decision Date: 06th March 2021
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE