Sunil Chemical Industries - Suit Stamp No. 7723 of 2019VsUnion Bank of India and Anr.

Date: 19-07-2019
Business: Adv. Mr. Anand Kumar for plaintiff present.
Adv. Mr. Manna Dey for defendant no.2 present.
Exh.2- Adv. for defendant no.2 filed Vakalatnama on behalf of defendant no.2.
Heard both sides.
Following F.R.S.R. order passed.
1. The defendant no.1 is hereby restrain from freezing or closing or suspending bank Account no. 316904010029513 till the defendant no.2 filed reply.
2. It is made clear that aforesaid ad-interim orders which are passed only to secure the interest of both the parties and shall remain in effect till filling of reply by the defendant no.2.
3. Parties to act on steno copy.
Matter is adjd. to 31.07.2019 for reply on N.M.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: Adv. Anand Kumar for the plaintiff
Adv.R. R. Singh for Deft No.1
Exh 03-  V/P of adv Manish tiwari for Defendant no..
Reply to N/m No. 2707/19 filed by Deft No. 01 Alongwith Written statement filed by Deft No.01.
Adv V. Manna Dia for Deft No.02. Present.
Affd in reply in motion no 2707/19 filed by deft No.02.
Deft No. 1 Shri Ajay Sharma for Chief Manager Union Bank of India is Present.
Deft No. 1 Shri Kishor Mozey for Sr. Manager (Law) Union Bank of India is  Present.
Additional Affidavit is filed by Plaintiff, Copy Supplied to deft. 1 and 2.
Adv Anant Kumar for plaintiff requested time to filed rejoinder.
Adv Manadiar for Deft. No. 2 requested for adjd. to go through additional affidavit filed by plaintiff.
The order below N/M No. 2707/19 is extended dt. Till 30.08.2019.
Shri Ajaykumar Sharma, Branch Manager of deft. no. 1 Bank submit that what mandate to be followed by the bank. Heard argument of both sides. In Para 8 line no. 10 to 13 It is mentioned that prior to filing the suit it was in single operation. This fact is also admitted by Mr. Sharma.
Accordingly, Deft. no.1 Bank to follow the existing practice since various years i.e. account to be handle singly till 30.08.2019.
Adv. Manadiar for deft. No. 2 requested that account Statement be given to deft. No. 2.
Deft. No. 1 bank is directed to provide inspection of the account and provide account statement to deft. no. 2 on each friday.
Matter is adjd. for argument on N/m  on 09.08.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: Court is on Judicial Training.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: Adv. Mr. Aanad Kumar for plaintiff present.
Adv. Mr. R.R. Singh for defendant no.1 present.
Adv. Mr. Mannadia for deft no.2 present.
Exh.4- Application filed by deft no.2 under other order -
XXX, Rule- 1 and 2 to dismiss the suit- copy serve to plff.
At the requested of both side adjd is granted r/o.
26.08.2019.
Plff to comply office objection and get the suit register.
Matter is adjd. for Argument on NM, reply on Exh.4 on
26.08.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-08-2019

Date: 26-08-2019
Business: Adv. Mr. Tatsat for plaintiff, submits that Adv. Mr. Anad Kumar is not feeling well, prayed for next date r/o. 28.08.2019.
Adv. Mr. R.R. Singh for deft no.1 present.
Adv. Mr. Mannadia for defendant no.2 present.
Matter is adjd. for NM argument on 28.08.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: Matter pertaining to CR No.31.
Adv. Anand Kumar for plaintiff present.
Adv. Tara Singh for D-1 present.
Adv. Mannadiar for D-2 present.
The Ld. Counsel for plaintiff submitted that interim relief is granted till 30.08.2019. However, the presiding officer is on leave till 30.08.2019. Therefore, Ld. Counsel for plaintiff as well as Ld. Counsel for D-2 have expressed the urgency to hear the matter. Considering the point in dispute it will take time to hear the parties and pass order. Therefore purpose can be served by keeping matter at the earliest after 30.08.2019 with extension of interim order till that date. Accordingly, by consent the matter is listed on 07/09/2019 for hearing of NM. The interim order granted till 30.08.2019 is hereby extended till 07/09/2019.
If request authenticated copy be required.
Matter adjd for NM hearing on 07/09/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2019

Date: 07-09-2019
Business: Adv. Anandkumar for Plff present.
Adv. R.R.Singh for Deft.no.1 present.
Exh.5- Reply filed by plff on Exh.4, copy is served to deft.
Ld. Adv. Anandkumar for plff submits the order of Hon\''ble High Court in Com.Arb.Petn.No.360/18 dated 05/09/2019, as both sides are discussing for settlement on all pending disputes, temporary arrangement has been approved by the Hon\''ble High Court for six weeks.  Copy of said order is also submitted by advocate Mannadiyar for deft.no.2, through the office clerk.
As per aforesaid order of the Hon\''ble High Court, next date 17/10/2019 is fixed for hearing on n/m.
Extension for writ of summons is granted till next date.
Matter is adjd. for hearing on n/m on 17.10.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Partner of plaintiff Mr. Sunil Manojkumar Thakkar is present.
Advocate Mr. Anand Kumar for plaintiff is present and filed application for withdrawal of suit at Exh. 06.
None present for defendant no. 1.
Advocate V. Mannadiar for defendant no. 2 is present.
Order below Exhibit-06
Mr. Sunil Manojkumar Thakkar, partner of plaintiff company and  its advocate Mr. Anand Kumar are present. They have admitted contents of this withdrawal application. The defendant no. 2 given no objection for withdrawal application. Hence, read and recorded.
Order passed below Exhibit-01
In view of withdrawal application below Exhibit-6 this suit is hereby withdrawn.  No order as to costs.  Court fees be refunded to the plaintiff as per rules.  Hence, this suit is hereby withdrawn and disposed off. N/M No. 2707/19 is also disposed off accordingly.
Nature Of Disposal: OTHER
Disposal Date: 30-01-2020

Filing Number: 107961/2019
Filing Date: 18-07-2019
First Hearing Date: 19th July 2019
Decision Date: 30th January 2020
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE