Date: 10-08-2018
Business: Adv. Shah for plaintiff present and tendered original notice of motion no.2277/2018 alongwith affidavit.
Adv. Rahul Narchania with Adv. Vishal Talsania and Adv. Ms. Tulsi Dhami for D-1 present.
Kept back
Later on at 3.45 pm.
Same appearance
The Ld. Counsel for plaintiff is seeking time for hearing in notice of motion no.2277/2018. By order dated 5.6.2018, this court had granted ad-interim relief to the plaintiff by directing the defendants to maintain status quo in respect of the bank guarantee furnished by the plaintiff. On 10.07.2018, D-1 entered appearance through its advocate and filed reply to the draft notice of motion. Matter was posted for NM hearing on 1.8.2018. On 1.8.2018, the Ld. Counsel for plaintiff stated that there is a possibility of settlement in this matter. Hence, the matter was adjourned for settlement and hearing in the notice of motion.
Today, Ld. Counsel for defendant no.1 submits that he has taken instructions from D-1 and it is informed that there were no talks of settlement between the plaintiff and D-1. The Ld. Counsel for plaintiff was asked to take proper instructions and matter was kept back for 10 minutes.
Ld. Counsel for plaintiff states after taking instructions that the matter is fixed today only for reporting about settlement and seeks time for hearing. Ld. Counsel for defendant no.1 opposed the request on the ground that ad-interim order is operating against D-1. It appears that incorrect statement was made on the last date regarding talks of settlement. However, I remember that I had expressed to both the advocates that if the settlement talks fail, the notice of motion will not be heard on 10.8.2018.
It is made clear that matter will be heard on the next date. Date 3.9.2018 is not convenient to Ld. Counsel for defendant no.1. Hence matter adj to 6.9.2018.
Matter adj. for NM Hearing to 06.09.2018.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2018
Date: 06-09-2018
Business: Adv. Dalal for plaintiff present.
Sr. Counsel Mr. Rahul Narchania with Counsel Mr. Vishal Talsania and Adv. Tulsi Dhani for D-1 present.
Heard Ld. Counsel for plaintiff in NM No.2277/2018.
Matter adj. for Arguments of Defendants to 14.09.2018
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 14-09-2018
Date: 14-09-2018
Business: Adv Dalal for plaintiff present.
Sr. Counsel Mr. Rahul Narchania with counsel Mr. Vishal Talsamoa amd Adv. Tulsi Dhani for D-1 present.
Heard both sides in NM No. 2277/18
Matter stands Adj for Order on NM No. 2277/18 to 26/09/2018.
Next Purpose: NM ORDERS
Next Hearing Date: 26-09-2018
Date: 26-09-2018
Business: None for plaintiff.
Adv. Ms. Tulsi for D-1 present.
FRSR. The following order is passed in NM No.2277/2018 -
ORDER
Notice of motion no.2277/2018 is dismissed.
Later on at 4.00 pm.
Adv. Dalal for plaintiff present and filed application seeking extension of ad-interim order.
Adv. Ms. Tulsi for D-1 present.
Heard both sides on Exh.__.
Ld. Counsel for plaintiff has filed application for extension of ad-interim order granted on 5.6.2018. Today this court has dismissed NM No.2277/2018 filed by the plaintiff. By ad-interim order passed on 5.6.2018, this court has directed the defendants to maintain status quo in respect of the bank guarantee furnished by the plaintiff. Ld. Counsel for defendant no.1 submits that in view of the dismissal of the notice of motion, this application may be rejected. In view of the fact that the ad-interim order was operating since about four months, it is further extended for a period of two weeks only and it shall come to end after expiry of two weeks. It is made clear that further extension shall not be granted. In view of the subject matter of the suit, certified copy is expedited.
Matter adj. for Affidavit of Service respect of D-2 and 3 to 10.12.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-12-2018
Date: 10-12-2018
Business: Adv. Ms. Kapadiya for plaintiff present and states that they have been engaged recently and seeks time to file VP. Time granted.
Adv. Ms. Tulsi for D-1 present.
Matter adj. for Compliance to 08.04.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-04-2019
Date: 08-04-2019
Business: None for plaintiff.
Adv. Ms. Tulsi for D-1 present.
Kept back. Later on at 12.30 pm. Adv. Ms. Tulsi for D-1 present. Adv. Nair hf Adv. Kapadiya seeks further time to file VP on behalf of plaintiff. On 10.12.2018 Adv. Kapadiya had appeared and taken time to file VP on the ground that she had been engaged recently. Despite lapse of about 4 months, the advocate appearing toady is gain seeking time to file VP. Hence list the suit for Dismissal Order on 20.04.2019.
Matter adj. for Dismissal Order to 20.04.2019.
Next Purpose: DISMISSAL
Next Hearing Date: 20-04-2019
Date: 20-04-2019
Business: Adv. Ms. Kapaidya for plaintiff present and filed VP on behalf of plaintiff.
Adv. Ms. Tulsi for D-1 present.
Ld. Counsel for plaintiff states that the plaintiff wants to withdraw the suit but the officer is not present. Hence matter adj. for Withdrawal to 22.04.2019.
Next Purpose: WITHDRAWAL
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Adv. Ms. Kapadiya for plaintiff present and filed application for withdrawal of suit.
Adv. Ms. Tulsi for defendant present.
The original Power of Attorney is produced by which Akshay Mahadik is authorized by the plaintiff\''s company to represent him in the proceeding and to withdraw the proceeding. Original power of attorney is returned after perusal. The application for withdrawal bears the signatures of Advocate and Power of attorney holder. Hence suit is disposed of as withdrawn. No order as to costs. The court fee be refunded as per rules. Chamber summons or notice of motion, if any, is disposed of as infructuous.
Nature Of Disposal: WITHDRAWL
Disposal Date: 22-04-2019