Date: 09-07-2019
Business: Adv.Parekh for plaintiff present and filed original NM 2402/19 supported by an affidavit. Copy served on the other side. He also filed affidavit of service along with annxed A and B
Adv.Deepti Shah for defendant present filed V/P. She sought time to reply.
V.P filed by advocate for the defendant No.1
None present for the defendant no.2 and 3 though served
Ld .Counsel for the plaintiff submitted that as per order dt.25.06.2019 this court has granted interim protection to the plaintiff as per prayer clause (b) of NM it may be continued till hearing of NM on merits.
Ld. counsel for the defendant no.1 strongly opposed continuation of interim relief on the ground it was passed without hearing def.no.1
after hearing both sides time granted to the defendant no1 to file reply to the NM. In the mean while ad-interim order passed on 25.06.2019 continued till hearing of NM.
Matter stands adjourned for reply and hearing to 05.08.2019
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: None present.
Keep Back
Later on 3.25 pm.
Adv. Parekh for plaintiff present.
Adv. Viraj Bansod I/b Adv. Tushar Goradia for defendant no. 1 present.
Adv. S R Sony for defendant no. 2 and 3 present and submitted that he is filing his VP today and sought time to file reply to the NM.
Memo of address of defendant no. 2 and 3
Vakalatnama on behalf of defendant no. 2.
Vakalatnama on behalf of defendant no. 3.
Ld. counsel for plaintiff is directed to supply the copy of plaint and Nm to the defendant no. 2 and 3, if not already served upon him.
Earlier interim order dated 25.06.19 is continued till hearing on NM.
On oral request of Ld. counsel for defendant no. 2 and 3.
Matter stands Adj for reply to NM on 29.08.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-08-2019
Date: 29-08-2019
Business: Adv. Shilpa Chavan for plaintiff present.
Adv. Dipti Shaha for defendant no.1 present and submitted affidavit in reply. Copy served on the other side
Adv. S. R. Soni for defendant no.2 and 3 present. and submitted that he has not received plaint, notice of motion and other documents from the plaintiff and sought time file reply. The counsel for plaintiff undertakes the serve the copy of plaint NM and other documents on the counsel for defendant no. 2 and 3. today itself.
Matter stands Adj for Reply to NM by defendant no.2 and 3 to 18/09/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: Adv. Chavan for plaintiff present
Adv. Dipti Shah h/f Tushar Goradia for defendant no. 1 present.
Adv. Mishra for defendant no. 2 and 3 present and seeks one week time to file reply to NM. Time granted.
Matter stands Adj for reply to defendant no. 2 and 3 to 26.09.19.
Next Purpose: REPLY
Next Hearing Date: 26-09-2019
Date: 26-09-2019
Business: Adv. Chavan for plaintiff present.
Adv. Dipti Shah for defendant no. 1 present.
Adv. S. R. Soni for defendant no. 2 and 3 present.
Matter stands Adj for reply to 14.10.19.
Next Purpose: REPLY
Next Hearing Date: 14-10-2019
Date: 14-10-2019
Business: Adv. Chavan for plaintiff present.
Adv. Ami for defendant no. 1 present.
Adv. Mishra for defendant no. 2 and 3 present and seeks time to file reply to NM. Time granted.
Matter stands Adj for reply to NM on 04.11.19.
Next Purpose: REPLY
Next Hearing Date: 04-11-2019
Date: 04-11-2019
Business: Adv. Chavan for plaintiff present.
Adv. Dipti Shah for defendant no.1 present.
Adv. S. R. Soni for defendant no. 2 and 3 present and seeks time to file reply. One week time granted as a last chance with a direction to supply the copy of reply to other side in advance.
Interim ad-interim order passed on 25.06.19 to continue till hearing on NM.
Matter stands Adj for reply to 13.11.19.
Next Purpose: REPLY
Next Hearing Date: 13-11-2019
Date: 13-11-2019
Business: Plaintiff present in person.
Adv. Ami for defendant no. 1 present.
Adv. Mishra for defendant no. 2 and 3 present and filed WS. Copy served on plaintiff and defendant no. 1 and seeks time to file WS on behalf of defendant no. 3. Time granted.
Written statement filed on behalf of defendant no. 2. TOR.
He further submitted that a WS filed by defendant no. 2 today may be treated as say/reply to the interim application filed by the plaintiff and filed a pursis to that effect.
Pursis filed by Ld. counsel for defendant no. 2.
Matter stands Adj for filing WS on behalf of defendant no. 1 and 3 to 20.11.19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Adv. Chavan for plaintiff present.
Adv. Dipti Shah for defendant no. 1 present.
Adv. Dube for defendant no. 3 present and filed WS and made a statement that WS may be treated as reply to NM 2402/19 and he has filed pursis to that effect. Copy of WS served on other sides.
Written statement filed on behalf of defendant no. 3. TOR.
Pursis filed by Ld. counsel for defendant no. 3. Seen and filed.
Earlier interim order to continue till hearing on NM.
Matter stands Adj for Hearing on NM to 05.12.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2019
Date: 05-12-2019
Business: Adv. Chavan for plaintiff present.
Adv. Dipti Shah for defendant no. 1 present.
Adv. Dubey for defendant no. 2 and 3 present and seeks time for arguments. Time granted.
Matter stands adjn. for NM hearing to 03.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: By praecipe matter is taken on today\''s board.
Adv. Parekh for plaintiff present.
None present for defendant.
Heard Ld. counsel for plaintiff. He submitted that plaintiff wants to serve the interrogatory for the defendant no. 1 under O/11, R/4 of CPC supported by an affidavit. The Ld. counsel for plaintiff tendered the interrogatory and the affidavit.
Interrogatory under O/11, R/4 of CPC . TOR.
Affidavit of plaintiff. Seen and filed.
After hearing the Ld. counsel for plaintiff, I am satisfied that the interrogatory is relevant to the subject matter of the suit and necessary to be answered by the defendant no. 1. Hence, I proceed to pass the following order as per form no. 1 O/11, R/1 of appendix C of CPC as under-
Upon hearing B B. Parekh, Advocate for plaintiff and upon reading the affidavit of Ketan Mathuradas Chatwai filed on the 3rd day of January 2020. It is ordered that the Plaintiff be at liberty to deliver to the Defendant no. 1 interrogatories in writing, and that the said defendant no. 1 do answer the interrogatories as prescribed by order XI, Rule 8 and that the costs of this application be cost in the cause.
In view of the above, Matter stands Adj for compliance/ reply to interrogatory to 14.01.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Matter stands Adj for Reply to the interrogatories to 27.01.2020 and 28.02.2020 for return of summons/filing of WS.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: None present for plaintiff.
Adv. Dipti Shah for defendant no. 1 present and filed reply affidavit to Ex-10. She undertakes to serve the copy on other side.
Reply affidavit filed on behalf of defendant no. 1
Adv. Kharwar for Defendant no. 2 and 3 present.
Matter stands Adj for hearing on Ex-10 to 05.02.2020.
Next Purpose: HEARING
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Called out at 11.42 am
Adv. Chavan for plaintiff present.
Adv. Ruchi Dhoka for defendant no. 1 present and sought short adjournment for hearing on interrogatories. Adjournment granted.
Matter stands Adj for hearing on interrogatories to 17.02.2020.
Later on at 12.35 pm.
Adv. Dube for defendant no. 2 and 3 present.
Next Purpose: HEARING
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Called out at 11.25 am
Adv. Parekh for plaintiff present.
Adv. Ruchi for defendant no. 1 present and seeks adjournment. Adjournment granted as last chance.
Adv. Shraddha Khandadiya for defendant no. 2 and 3 present.
Matter stands Adj for hearing to 29.02.2020.
Next Purpose: HEARING
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: The court is on leave
Next Purpose: HEARING
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: HEARING
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: HEARING
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: HEARING
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: None present.
As per the circular issued by Hon\''ble High Court. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 02.07.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 16-07-2020
Date: 16-07-2020
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: Court is on leave. Matter adjd to 26.10.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: 26.10.2020
15
Coram: H. H. J.SHRI. M.A.BHOSALE Judge, (C.R.NO. 32)
Notice of Motion 2402/2019 In Commercial Suit St No.6885/2019
Parties and their respective advocates are absent.
Upon the directions issued by The Hon\\\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 6/11/2020 for hearing.
Judge
Next Purpose: HEARING
Next Hearing Date: 06-11-2020
Date: 06-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 23/11/2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 11/12/2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: None for plff.
None for defendant.
Matter adjd to 05/01/2021 for hearing
Next Purpose: HEARING
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: None present for plaintiff.
Adv.Dipti Shah i/b. Mr.Tushar Goradia for defendant No.1 present.
Adv.S.R.Soni for defendant No.2 and 3 present.
Matter adjd to 13.01.2021 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 13-01-2021
Date: 13-01-2021
Business: None present for plaintiff .
Adv.Dipti Shah a/w. Adv.Dhwani Patel i/b Adv. Tushar Goradia for defendant No. 1 present.
Matter adjd to 03.02.2021 for NM hearing.
LO
Adv.Shilpa Chavan for plaintiff present.
Matter adjd to 03.02.2021 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Plaintiff absent.
Defendant absent.
Adv.B.B. Parekh for plaintiff present.
Adv. Deepti Shah for defendant No.1 present.
Advocate for plaintiff argued on M.A.No. 2402/19.
Advocate for Def.No.1 argued on M.A.No. 2402/19.
Heard argument from both side.
Matter adjd to 10/02/2021 for order on N.M.
L.O. 12.25 pm
Adv. S.R. Sonio for def.2 present.
Matter adjd to 10/02/2021 for order on N.M.
Next Purpose: NM ORDERS
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: None present for plaintiff.
Adv.Dipti Shah a/w. Adv.Dhwani Patel for defendant no.1 present.
Adv. of defendant No.1 filed draft notice of motion a/w. affidavit in support of draft notice of motion.
O-Leave granted to register draft notice of motion.
Adv.of deft. No.1 had tendered written statement. O-Put up for order.
KB
LO
Plaintiff Ketan Chatwani present.
Adv.B.B. Parekh for plaintiff present.
Matter adjd to 22.02.2021 for Order on WS.
Kept back for NM order
LO
F.R.S.R. the following order is passed
ORDER ON NM 2402/19
Notice of Motion No.2402/2019 is dismissed.
Matter adjd to 22.02.2021 for Order on WS.
Nature Of Disposal: DISMISSED
Disposal Date: 10-02-2021