Delta Iron and Steel and Co Pvt LtdVsICICI Bank Ltd

Date: 18-03-2019
Business: Adv.Mr.Mishra for Plaintiff.
Adv.Ms.Rajela  for Defendant
Adv for deft stated that  she has appeared within time in the suit
Adv for plaintiff also accepted the same.
Adv for plaintiff submitted original writ of summons
Matter is adjd. to 03/07/2019 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-07-2019

Date: 03-07-2019
Business: Adv. Kamlesh Mishra for plaintiff present.
Adv. Sonali Kamble for defendant present.
On oral request by plaintiff, adjd. for taking steps to 29.07.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: Court is on leave. Adjd to 14/10/2019
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: Adv. Mishra for plaintiff present.
Adv. Shamli Hajela for deft. Present.
Adjd. for SJ hearing to 19.12.2019.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: P.O. is on leave.
Matter is adjd to 29/01/2020 for summons for Judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-01-2020

Date: 29-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Kamlesh Mishra for plff. Present.
Adv. Sonali Kambale for deft. Present.
Matter is adjd to 15.02.2020 for S/J.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Kumesh Mishra for plff. Present.
Adv. Nishad for deft. Present.
Matter is adjd to 16.03.2020 for S/J hearing
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 06.07.2020 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-07-2020

Date: 06-07-2020
Business: Due to Covid-19 Lockdown
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-08-2020

Date: 25-08-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Business: Due to Covid-20 pandemic none appeared.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Both the parties and his advocate are absent.
Matter is adjd to 09.04.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Both the parties and their advocates are absent.
As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
Matter is adjd to 12.07.2021 for S/J Hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: As Court is busy in dictating Order in Commercial Suit No.1075/2021.Matter is adjd to 02.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: P.O. is on leave.  The matter is adjourned.
Next Purpose: REPORT
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: None present.
Summons for judgment is not tendered.
The matter is adjd for tendering summons for judgment  and hearing on S/J to 30.08.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: None for plaintiff.
Adv. Sonali Kamble for deft. present.
The matter is adjd for tendering S/J to 08.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: Adv. Kamlesh Mishra for plaintiff present.
Adv. Sonali Kamble for deft. present.
Roznama shows that plaintiff has not applied for summons for judgment.
The matter is adjd for taking steps to 29.09.2021 at  02.45 pm.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: None for plaintiff.
Adv. Sonali Kamble for deft. present.
The matter is adjd for taking steps to 25.10.2021.
L.O. at 03.20 pm.
Adv. Pathak h/f. Adv. Kamlesh Mishra for plaintiff present.
Adv. For plaintiff tendered draft N/M.  Leave to register N/M is granted.
The matter is already adjd to 25.10.2021 for service of N/M.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: Adv. Kamlesh Mishra for plaintiff present. He tendered registered N/M No.2307/21. T.O.R.
K.B. L.O. at 03.05 pm.
Adv. Kamlesh Mishra for plaintiff present.
Adv. Sonali Kamble for deft. present.
Copy of N/M is served to Adv. For deft.
The matter is adjd for filing reply to N/M to 22.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Adv. Arun Mishra for plaintiff present.
None for deft.
The matter is adjd for N/M reply to 08.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: P.O. is on leave,
Matter  Adjd,
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: Adv. Kamlesh Mishra for plaintiff present.
Adv. Pinku Nisar for deft. present.
Adv. For deft. filed say to the N/M.  T.O.R.
Copy of say is served to Adv. For plaintiff.
The matter is adjd for hearing on N/M to 03.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: Adv. Kamlesh Mishra for plaintiff present.
Adv. Shamli M. for deft. present.
Heard both sides on N/M No.2307/21.
The matter is adjd for order on N/M No.2307/21 to 05.01.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Adv. Kamlesh Mishra for plaintiff present.
Adv. Pintu Nissar for deft. present.
F.R.S.R. following order is passed on N/M No.2307/21 -
ORDER
1. Plaintiff is permitted to apply for Summons for Judgment within one month from the date of this order.  On failure to apply for Summons for Judgment within one month, matter be kept on Daily Cause Board for dismissal.
2.No order as to costs.
3.Notice of Motion No.2307/2021 is disposed of accordingly.
The matter is adjd for applying for summons for judgment to 04.02.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: By preceipe. O. - Be taken on today\''s board.
Adv. Kamlesh Mishra for plaintiff present.
Adv. For plaintiff tendered draft S/J.  Leave to register and serve S/J is granted.
The matter is already adjd to 04.02.2022 now for service of S/J.
Next Purpose: SERVICE
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: Adv. Pintu Nissar for deft. present.
K.B. - Later on at 12.15 p.m.
Adv. Kamlesh Mishra for plaintiff present.
He tendered registered SJ No. 38 of 2022.
K.B. - Later on at 2.05 p.m.
Advocate for both sides present. Copy of the SJ is served upon advocate for deft.
The matter is adjd for reply to SJ to 14.02.2022.
Next Purpose: REPLY
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: None for plaintiff.
Adv. Pintu Nisar for deft. present.
K.B.
L.O. at 11.30 am.
Adv. Kamlesh Mishra for plaintiff present.
L.O. at 03.20 pm.
Adv. Pintu Nisar for deft. present.
Exh.2 - Adv. For deft. filed application for adjournment.
O. -  Defendant sought adjournment for filing reply to S/J on the ground that plaintiff\''s account was closed in the financial year 2017-2018 and account papers are not traceable.
     Summons for judgment is served upon defendant on 04.02.2022. Already stipulated time for filing reply affidavit is elapsed.  Therefore, application is rejected.  Summons for judgment to proceed without reply of defendant.
The matter is adjd for hearing on S/J to 03.03.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: Adv. Kamlesh Mishra for plaintiff present.
Adv. Shamli Hajela for deft. present.
Adv. For deft. sought time for hearing on S/J.  Granted for today as a last chance.
The matter is adjd for hearing on S/J to 14.03.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: None for plaintiff.
Adv. Shyamli Hajela for deft. present.
Adv. For deft. tendered draft N/M.  Leave to register N/M is granted.
K.B.
L.O. at 01.40 pm.
Adv. Kamlesh Mishra for plaintiff present.
Adv. Pintu Nishad for deft. present.
Adv. For deft. tendered registered N/M No.954/22. T.O.R.
Copy of N/M is served to Adv. For plaintiff.
The matter is adjd for N/M reply to 28.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Adv. Kamlesh Mishra for plaintiff present.
Adv. Pintu Nishad for deft. present.
Adv. For plaintiff tendered reply to N/M No.954/22. T.O.R.
Copy of reply is served to Adv. For deft.
The matter is adjd for N/M hearing to 04.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Adv. Kamlesh Mishra for plaintiff present.
Adv. Shamli Hajela for deft. present.
Heard both sides on N/M No.954/22.
ORDER BELOW N/M NO.954/22
    This N/M is taken out by defendant praying to excuse delay of 17 days in filing reply to summons for judgment.
     It is submitted on behalf of deft. that on 04.02.2022, deft. was served with summons for judgment and matter was adjourned to 14.02.2022 for reply to summons for judgment.  Deft. further submits that plaintiff\''s account in the system was closed in the year 2018-19 and therefore, deft. was not able to file reply to summons for judgment.  Deft. prayed to excuse delay of 17 days in filing reply to summons for judgment.
       Notice of motion is strongly opposed by plaintiff on the ground that deft. has failed to explain delay in filing reply to summons for judgment.  It is submitted that deft. has not filed on record any document to substantiate its contention that plaintiff\''s account in the system was closed in the year 2018-19 and therefore, defendant\''s contention for condoning the delay in filing reply to summons for judgment cannot be accepted.
     Considered the submissions advanced on behalf of both the sides.  Suit is filed on 08.06.2018.  Deft. appeared on 14.03.2019.  Thereafter, suit was kept for applying summons for judgment.  Plaintiff could not take out summons for judgment within stipulated period and therefore, he had taken out N/M No.2307/21 praying to condone delay in applying summons for judgment. Said N/M was allowed on 05.01.2022. Order-sheet further shows that plaintiff has taken out summons for judgment on 20.01.2022 i.e. almost after three years of appearance of deft.  Thus, proceeding sheet shows that plaintiff was also not diligent in applying summons for judgment.
          Ld. Counsel for deft. submits that plaintiff\''s account was closed in the computer system in the year 2018-19 and therefore, papers relating to suit could not be traced out within stipulated period.  There is delay of 17 days in applying leave to defend application.  Deft. has given sufficient cause for not filing leave to defend application within stipulated period.  Therefore, delay in applying leave to defend the suit deserves to be excused.  In the result, following order.
ORDER
1.    Delay in applying leave to defend the suit/filing reply to summons for judgment is excused.
2.    Reply to summons for judgment filed by defendant be taken on record.
3.    No order as to costs.
4.    N/M No.954/22 is disposed of accordingly.
Reply to S/J already filed by deft. is taken on record.
Adv. For plaintiff submits that plaintiff wants to file rejoinder to reply of the deft.
The matter is adjd for rejoinder to S/J to 18.04.2022.
Next Purpose: REJOINDER
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: Adv. Kamlesh Mishra for plaintiff present.
Adv. Pintu Nishad for deft. present.
Adv. For plaintiff sought time for filing rejoinder.  Time as prayed for is granted.
The matter is adjd for rejoinder to S/J to 21.04.2022.
Next Purpose: REJOINDER
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: Adv. Kamlesh Mishra for plaintiff present.
Adv. For plaintiff tendered rejoinder to S/J.  T.O.R.
K.B.
L.O. at 02.55 pm.
Adv. Pintu Nishad for deft. present.
Copy of rejoinder is served to Adv. For deft.
The matter is adjd for hearing on S/J to 28.04.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: Representative of plaintiff company is present.
Adv. Pintu Nisar for deft. present.
Plaintiff\''s representative sought time for hearing on S/J.  Time as prayed for is granted.
The matter is adjd for hearing on S/J to 15.06.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: Adv. Kamlesh Mishra for plaintiff present.
Adv. Pintu Nishad for deft. present.
Ld. counsel for plaintiff sought an adjournment for hearing on S/J.  Adjournment as prayed for is granted as a last chance.
The matter is adjd for hearing on S/J to 04.07.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv. Vishal Muglekar along with Adv. Kamlesh Mishra for plaintiff present.
Adv. Shyamli Hajela for deft. present.
Adv. For plaintiff tendered copy of order of NCLT bearing CP (IB) No.188/MB-IV/2021 dated 07.06.2022.  T.O.R.
Adv. For plaintiff submits that insolvency proceedings is admitted against plaintiff.  Therefore, matter cannot be proceeded further.  He prayed for an adjournment for taking further instructions.
O. - An adjournment as prayed for is granted.
The matter is adjd for hearing on S/J to 26.08.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: None for plaintiff.
Adv. Pintu Nishad for deft. present.
L.O. at 03.30 pm.
Adv. Kamlesh Mishra for plaintiff present.  He submits that insolvency proceedings is admitted against plaintiff. Therefore, matter cannot be proceeded further.  On that ground, Adv. For plaintiff sought adjournment for hearing.  Adjournment as prayed for is granted.
The matter is adjd for hearing on S/J to 07.10.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: As court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-12-2022

Date: 06-12-2022
Business: The Court is Vacant.
Hence,The Matter is adjourned.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Court is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Court is vacant. Hence, case adjourned to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: As court is vacant. Hence, matter is adjd to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-07-2023

Date: 12-07-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Matter received under transfer from Court Room No. 14
Delta Iron and Steel and Co Pvt Ltd Vs ICICI Bank Ltd
Plaintiff side called, but absent.
Adv. Shamli Hajeal and Arif Ansari present for defendant.
Parties to argue by next date without fail.
Matter adjourned to 29.09.2023 for Summons for Judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-09-2023

Date: 29-09-2023
Business: Delta Iron and Steel and Co Pvt Ltd Vs ICICI Bank Ltd
Plaintiff side called, but absent.
Adv. Shamli Hajela present for defendant.
Perused roznama Dt. 04.07.2022.
Parties to clarify the status of Order of NCLT and its bearing on the Suit.
Matter adjourned to 07.12.2023  for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: Delta Iron and Steel VS ICICI Bank Ltd.
Plaintiff side called, but absent.
Adv. Pintu Nishad present for defendants.
Parties to comply order dt. 29.09.2023 regarding NCLT proceeding.
Case adjourned to 27.03.2023 for Compliance.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: None for plaintiff.
Adv Hamid Sayyad for defendant present.
Copy of order dated 07/06/2022 passed by NCLT, Mumbai is on record.  Thereby proceeding against plaintiff is admitted.  Thus matter stands Adj for filing further report on 15/06/2024.
Next Purpose: REPORT
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: None present for plaintiff.
Adv Pintu Nishad for defendant present.
Matter is pending before NCLT, hence parties are directed to file copy of status report.
Matter stands Adj for Report on 01/08/2024.
Next Purpose: REPORT
Next Hearing Date: 01-08-2024

Date: 01-08-2024
Business: None present for plaintiff.
Adv Pintu Nishad for defendant present.
Matter is pending before NCLTA, hence parties are directed to file copy of status report.
Matter stands Adj for Report on 30/09/2024.
Next Purpose: REPORT
Next Hearing Date: 30-09-2024

Date: 30-09-2024
Business: None present for plaintiff and defendant.
Matter is pending before NCLAT, therefore parties are directed to file status report.
Matter stands Adj for Status Report on 05/12/2024.
Next Purpose: REPORT
Next Hearing Date: 05-12-2024

Date: 05-12-2024
Business: None for plaintiff.
Adv Pintu Nishad for defendant present.
He submits that, the status of the case before NCALT, will be submitted on next date. Matter stands Adj for Report on 20.01.2025.
Next Purpose: REPORT
Next Hearing Date: 20-01-2025

Date: 20-01-2025
Business: None present for plaintiff and defendant.
Matter stands Adj for Report on 25/02/2025.
Next Purpose: REPORT
Next Hearing Date: 25-02-2025

Date: 25-02-2025
Business: None present for plaintiff and defendant.
Matter stands Adj for Report on 05/04/2025.
Next Purpose: REPORT
Next Hearing Date: 05-04-2025

Date: 05-04-2025
Business: P.O. is on leave.
None present for plaintiff and defendant.
Matter stands Adj for Report on 11/06/2025.
Next Purpose: REPORT
Next Hearing Date: 11-06-2025

Date: 11-06-2025
Business: P. O. is on Leave.
None present for plaintiff.
Matter stands Adj for Report on 23/07/2025.
Next Purpose: REPORT
Next Hearing Date: 23-07-2025

Date: 23-07-2025
Business: None present for plaintiff and defendant.
Matter stands Adj for Report on 03/09/2025.
Next Purpose: REPORT
Next Hearing Date: 03-09-2025

Date: 03-09-2025
Business: None present.
Matter stands Adj for report on 17/10/2025.
Next Purpose: REPORT
Next Hearing Date: 17-10-2025

Date: 17-10-2025
Business: None present for plaintiff and defendant.
Matter stands Adj for Report on 17/11/2025.
Next Purpose: REPORT
Next Hearing Date: 17-11-2025

Date: 17-11-2025
Business: Court is not sitting.
Next Purpose: REPORT
Next Hearing Date: 23-01-2026

Date: 23-01-2026
Business: Court is not sitting.
Next Purpose: REPORT
Next Hearing Date: 18-03-2026

Date: 18-03-2026
Business: Court is not sitting.
Next Purpose: REPORT
Next Hearing Date: 09-06-2026

Date: 09-06-2026
Business: Court is not sitting.
Next Purpose: REPORT
Next Hearing Date: 10-08-2026

Date: 10-08-2026
Business: P. O. is on training.
Next Purpose: REPORT
Next Hearing Date: 06-10-2026

NOTICE OF MOTION/102307/2021
SUMMONS FOR JUDGT/100038/2022
NOTICE OF MOTION/100954/2022

Registration Number: 100362/2021
Transfer Date: 15-11-2019
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100362/2021
Transfer Date: 28-05-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 32 - COURT 32 ADD. SESSIONS JUDGE

Registration Number: 100362/2021
Transfer Date: 20-07-2021
From Court: 32 - COURT 32 ADD. SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Registration Number: 100362/2021
Transfer Date: 17-07-2023
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 31 - COURT 31  ADDL SESSIONS JUDGE

Registration Number: 100362/2021
Transfer Date: 01-01-2024
From Court: 31 - COURT 31  ADDL SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Filing Number: 107543/2018
Filing Date: 08-06-2018
First Hearing Date: 18th March 2019
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE