Date: 16-09-2019
Business: P.O. is on Leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-10-2019
Date: 19-10-2019
Business: None present.
Issue suit summons to defendant.
Matter is Adjd for Affidavit of Service to 11.11.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: None present.
Matter is Adjd for Affidavit of Service to 28.11.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-11-2019
Date: 28-11-2019
Business: None present.
Matter is Adjd for Affidavit of Service to 29.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: Adv for plaintiff Mr.Jaiswal present.
None for the defendant.
Adv for plff. filed draft N/M along with affidavit.
O-Leave Granted to register N/M.
Matter is Adjd for Affidavit of Service of N/M to 20.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-03-2020
Date: 20-03-2020
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 15.04.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-07-2020
Date: 20-07-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-08-2020
Date: 24-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Business: Court is relieve for MJA Special online training. Hence, Matter adjd to 31.10.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Business: COURT IS ON LEAVE
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-11-2020
Date: 12-11-2020
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 affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Adv Amit Jaiswar for plaintiff present.
Adv for plff tendered reg. N/M no.1148/2020.
Plff is directed to serve notice to the defendant alongwth writ of summons.
Adjd to 15/1/2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Adv.Amit Jaiswar for plaintiff present.
None present for defendant.
Steps not taken to serve the defendant. The notice of motion and the writ of summons adjourned for order against plaintiff on 05.02.2021.
Next Purpose: ORDER
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv.Amit Jaiswar for plaintiff present.
None present for defendant.
Affidavit of service filed by Adv.of plaintiff. It is private service cannot be treated as serve. Plaintiff to take steps.
Matter adjd to 26.02.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. Amit Jaiswal for plaintiff present.
Adv.for defendant absent.
Ld. Adv. for the plaintiff submits that the suit summons are not issued to the defendant through Court. He prays to issue summons to the defendant through Court. The plaintiff also had filed Notice of Motion No. 1148/2020. Issue suit summons to the defendant through Court, so also issue notice of notice of motion to the defendant through Court.
Matter adjd to 18.03.2021 for service of summons.
Next Purpose: FOR SERVICE OF W/S
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO
Adv.Amit Jaiswar for plaintiff present and he seeks time to file affidavit of service.
Matter adjd to 01.04.2021 for service report.
Next Purpose: REPORT
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Plaintiff absent.
Defendant absent.
Adv. for plaintiff absent..
Adv. Mehul Thakkar for defendant present.
Adv. for defendant filed VP marked as Exh.2.
KB.
Lo at 11.24 am
Adv. Amit Jaiswar for plaintiff is present.
Matter adjd to 12/04/2021 for await service.
Lo at 11.57 am.
Adv. Kiran Thakkar for defendant is present. He filed application for production of document. O:- Production allowed.
Matter is adjd. to 22/04/2021 for await service report.
Next Purpose: REPORT
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for plaintiff.
Adv. Amit Jaiswer for defendant present.
Await service report.
Adjd to 12.06.2021 for await service report.
Next Purpose: REPORT
Next Hearing Date: 12-06-2021
Date: 12-06-2021
Business: As per Office Order No.104/2021, Holiday declared on 12.06.2021 (Saturday). Hence matter is adjd to 01.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 14.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: None present for plaintiff.
Adv. Jayshree Rajemahadik for defendant present.
k.b
The defendant to filed service affidavit regarding service of application and copies of documents submitted vide Exh. 3 to the plaintiff.
Adjd for service to 17/08/2021.
Next Purpose: SERVICE
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: None present for plaintiff.
Adv.Mehul Thakker for defendant present.
Matter adjd to 04.09.2021 for filing service affidavit as per last roznama.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.34 pm
Adv.Amit Jaiswar h/f.Adv.Khan Javed Akhtar for plaintiff present.
Read the roznama dated 02.08.2021. The defendant was directed to file service affidavit regarding service of application, Exh.3 and copies of documents annexed to the same. The defendant has failed to comply. Today, the defendant is absent, hence, keep for order against defendant.
Record shows that the plaintiff has not complied with the directions noted in roznama dated 05.02.2021 and 26.02.2021. The plaintiff to comply with the same.
Matter adjd to 30.09.2021 for order against defendant and compliance of plaintiff regarding service affidavit.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Adv.Amit Jaiswar h/f.Adv.Khan Javed Akhtar for plaintiff present.
None present for defendant.
The plaintiff filed service affidavit a/w.original writ of summons, Exh.4 t.o.r.
Service affidavit is in respect of private service. Read the roznama dated 26.02.2021, it was directed to serve through Court. The plaintiff comply with the same.
Matter adjd to 27.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: None present for plaintiff.
Adv.M.S. Roy for defendant present.
The defendant submits that he wants to produce copy of order of NCLT.
Matter adjd to 06.12.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.37 pm,
None present.
KB
LO at 02.55 pm,
None present.
ORDER BELOW EXH.1
None present. The plaintiff appears to have not complied the order dated 26.02.2021 regarding issuance of suit summons and notice of notice of motion. It appears that the plaintiff is not interested to proceed with the suit, hence, keep for passing order of dismissal.
Matter adjd to 18.12.2021 for dismissal order.
Judge
LO at 03.09 pm,
Adv.Amit Jaiswal h/f.Adv.Khan Javed Akhtar for plaintiff present.
Matter adjd to 18.12.2021 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Adv.Amit Jaiswar for plaintiff present.
None present for defendant.
PO is nominated for online special programme for Commercial Court on Arbitration, hence, adjourned.
Matter adjd to 22.12.2021 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Reason For Adjournment: court time is over
Next Purpose: DISMISSAL
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Adv.Amit Jaiswar h/f.Adv.Khan Akhtar for plaintiff present.
None present for defendant.
The Adv.for plaintiff submits that the defendant has filed vakalatnama at Exh.2 and therefore service is already completed.
Read the roznama dated 01.04.2021, the defendant has already appeared vide vakalatnama Exh.2. Hence, suit to proceed further.
In view of SOP dated 06.01.2022, matter adjd to 21.02.2022 for order against deft.
Next Purpose: ORDER
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: Adv.Amit Jaiswar h/f.Adv.Khan Akhtar for plaintiff present.
None present for defendant.
The Ld.Adv.for the plaintiff prays for order against defendant. Read the vakalatnama Exh.2, annexures with Exh.3. The plaintiff to verify and submit the status about NCLT proceeding if any.
Matter adjd to 25.04.2022 for order against deft.
Next Purpose: ORDER
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 24.06.2022 for order.
Judge
LO at 12.15 pm,
Adv.Amit Jaiswar for plaintiff present.
Matter adjd to 24.06.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Court is on Leave.
Next Purpose: ORDER
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: None present.
KB. LO 3.30 pm.
It seems that, there are element of settlement in this matter. Hence issue notice of Lok Adalat to both parties.
Adj. For Lok Adalat on 13/08/2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: Both the parties and their counsel called, but absent.
Matter adjourned before Regular Court on 15.09.2022.
Next Purpose: FOR___________________
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Adv. Amit Jaiswal Present for Plff.
None Present for Deft.
Adv of plff is directed to submit NCLT proceeding status report.
Adj. For Status of NCLT proceeding and NM 1148/20 on 29/09/2022.
Next Purpose: SUIT STAYED
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: None present.
Adj. For Stayed on 29/11/2022.
Next Purpose: SUIT STAYED
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: None present for both the parties.
Adjourned for stayed to 30.1.2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: None present.
Case stayed on 28.04.2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: Adv.Amit Jaiswal h/f Khan Javed Akhtar for plff. Present.
None present on bahalf of deft.
Adv of plff contended that deft has not given any details of the NCLT proceedings. Perused record. As per roznama dt. 27.10.2021, Adv. of deft has made statement that he want to produce copy of order of NCLT however, till date he has not given any details and copy of NCLT proceedings. Thus, there is no such NCLT proceedings and therefore matter cannot be stayed.
Adj. For Compliance of order dt.05/02/2021 and 26/02/2021, Service affidavit of plaint and NM 1148/20 on 20/06/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-06-2023
Date: 20-06-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: COMPLIANCE
Next Hearing Date: 01-07-2023
Date: 01-07-2023
Business: 01.07.2023
52
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 85/2019
NM 1148/2020
None present for parties.
O-Plaintiff to submit status report regarding NCLT proceeding, if any.
Adjd. to 28/07/2023 for status report by plaintiff.
Judge
Next Purpose: FOR___________________
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: None present for plaintiff.
Matter is adj for status report by plaintiff regarding NCLT proceeding between the parties to 31/08/2023.
L.O at 12.40 p.m.
Adv. Amarshing Chouhan i/b Adv. Khan Javed Akhtarkhan for plaintiff is present.
Next Purpose: REPORT
Next Hearing Date: 31-08-2023
Date: 31-08-2023
Business: None present for parties.
O- Matter was posted for status report regarding NCLT proceedings against the defendant. But it appears from the record that the Ld. adv for def. through Exh. 3 has placed on record the copies of resolution plan prepared by the Insolvency Professional appointed by the Hon’ble NCLT, Delhi Bench and has also placed on record the copy of order dt. 28.01.2019 through which the Hon’ble NCLT Delhi Bench, in para no. 23 of its order declared that the Moratorium order passed by it u/sec 14 of the Code (I and B Code) shall cease to have effect from the date of said order. Therefore, the plaintiff in the present suit is hereby directed to take steps to proceed further in the matter.
Matter is adj for compliance of order dt. 05.02.2021 and 26.02.2021, service affidavit of plaint and NM 1148/2020 on to 30/09/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2023
Date: 30-09-2023
Business: None present for parties.
Matter is adj for compliance to 30/10/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: None present.
Matter is adj for compliance to 09-11-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: None present.
Matter is adj. for Compliance to 31/01/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-01-2024
Date: 31-01-2024
Date: 27-02-2024
Business: Coram- H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
None present.
Matter is adj. for compliance to 01.04.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2024
Date: 01-04-2024
Business: None present.
Matter is adj. for steps to 02/05/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-05-2024
Date: 02-05-2024
Business: None present.
Matter is adj. for steps to 29/06/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-06-2024
Date: 29-06-2024
Business: None present.
ORDER : Matter is pending for steps since 02.05.2024. Earlier it was pending for compliance since 30.09.2023 to 01.04.2024. None appears for plaintiff since 01.07.2023 hence, put up the matter for dismissal order on the next date.
Matter is adj. for dismissal to 20/07/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 20-07-2024
Date: 20-07-2024
Business: Adv. Kishan Chavla h/f Adv. Javed Akhtar Khan for plaintiff is present.
Exh.5 - Application for remove the matter from dismissal category.
Heard ld. Adv of plaintiff on Exh. 5.
Order Below Exh. 5 : - Heard the ld. Adv of plaintiff. He submitted that, his senior is unable to attend the Court today therefore, matter may kindly be removed from the dismissal caption. Considering the request made on behalf of the plaintiff, last chance is hereby granted to the plaintiff for taking steps. Exh. 5 allowed and disposed off.
Matter is adj. for steps to 31/08/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-08-2024
Date: 31-08-2024
Business: Court is vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-10-2024
Date: 14-10-2024
Business: Court is Vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: Court is vacant hence adj. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-01-2025
Date: 24-01-2025
Business: This is 5 yrs old matter. On top priority of disposal.
Parties are absent.
Issue notices to the parties and their ld advocates, if any.
Matter is adj. for steps to 05.02.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-02-2025
Date: 24-01-2025
Business: This is 5 yrs old matter. On top priority of disposal.
Parties are absent.
Issue notices to the parties and their ld advocates, if any.
Matter is adj. for steps to 05.02.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-02-2025
Date: 05-02-2025
Business: None present.
The present suit is having age more then 5 yrs under the caption of steps.
Perused the record. The suit is filed on 03.08.2018 bearing Kaccha Com. No. 94/2019. Subsequently registered on 03.08.2019. The suit was assigned initially to C.R. No.14. Perused roznama from 19.10.2019. Most of the time parties found to be absent accept the ld. Adv. Shri Amit Jaiswal plaintiff found to be present. Therefore, my Ld. Predecessor passed the order on 06.12.2021 noting that the plaintiff has lost the interest to proceed with the suit.
Further perused of roznama Dt. 28.04.2023 goes to show that defendant failed to give details of the NCLT proceeding and observed that, no documents of NCLT proceeding stated to be initiated as per the statement of the Ld. Adv of defendant have not been produced hence, matter can not be ‘stayed’ thereafter the case was adjourned for time to time for producing NCLT documents.
Roznama dt. 31.08.2023 goes to show that, vide Exh. 3 insolvency record and copies of resolution plan prepared by Insolvency professional appointed by NCLT bench Delhi hence, directed plaintiff to take steps and thereafter matter kept for compliance on 30.09.2023, 30.10.2023, 09.11.2023, 31.01.2024, 27.02.2024, 01.04.2024, 02.05.2024.
On 29.06.2024 My Ld. Predecessor observed that suit is pending from 02.05.2024 for steps and prior them to for compliance for 30.09.2023 and adjourned the matter for 01.07.2023 for dismissal.
Thereafter the matter was posted on 20.07.2024, 31.08.2024, 14.10.2024, 21.11.2024, 24.01.2025 and thereafter on today 05.02.2025 considering the shabby affairs as plaintiff neither made compliance nor taking positive steps to prosecute the suit in accordance with law having age more than 5 yrs. Hence, the suit is dismissed in default for want prosecution.
Off-shoot proceeding NM No. 1148/2020 resultantly also disposed off for want of closed.
Proceeding closed.
Record and proceeding be sent to the record room.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 05-02-2025