Date: 14-10-2019
Business: Adv. Mr. Amit for Plaintiff present.
Adv. Mr. Shashank for Defendant present.
Exh.1-Plaint.
Exh.2-Vakalatnama
Exh.3-Address memo.
Exh.4- List of documents.
Exh. 5- Vakalatnama of adv Mr. Ketki Asgaonkar and Adv Thatte for deft. nos. 1 to 4.
Copy of summons filed by plff.
Matter is adjd.for Written statement on 14.11.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Adv. Priyanka for Plaintiff present.
Adv. Ms. Salvi for Defendant present.
Exh.6 Appln. filed by defendant for inspection.
Copy served on plaintiff.
O Defendant has filed this appln. Seeking leave to file Written statement as no response given by the plaintiff for inspection of the document on which the plaintiff relied. The ld. Adv. for plaintiff has no objection for inspection of the document. Therefore the appln. needs to be granted. Plff. is directed to permit to give inspection on further furnish copies of document to relied upon by the plff. in their suit and in the letter dt. 25/10/2019 of the ld. adv.
Adjd. for W/S to 17/12/2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Adv. Priyanka Kumar for Plaintiff present.
Adv. Shashank Thatte for Defendant present.
Defendant No.2 present.
Exh.6 Affidavit of service filed by plaintiff.
Affidavit of service executed on defendant on 23/9/2019. Short date is granted for inspection of documents of the plaintiff.
Adjd. for Inspection of documents to 13/1/2020.
Next Purpose: FOR___________________
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Advocate Amit Sapale for plaintiff is present.
Advocate Ketaki Ajagavkar for defendant is present and filed draft NM alongwith written statement. Leave is granted to register NM. Copy served on plaintiff.
Adjourned for NM reply to 31.01.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2020
Date: 31-01-2020
Business: None present for plaintiff.
Advocate Krishnan Ayyar for defendants is present and filed registered NM No. 216/20. He also filed draft NM. Leave is granted to register.
Adjourned for NM reply to 05.02.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Advocate K. P. Anilkumar for plaintiff is present.
Advocate Vrushali Salvi for defendant is present and filed registered NM No. 522/20.
Adjourned for NM reply to 14.02.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Advocate Amit Saphale for plaintiff is present and tender reply to NM No. 522/20 and NM No. 216/20.
Advocate Mr. Ayyar for defendant is present.
Adjourned for hearing to 09.03.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Business: Advocate for plaintiff is present and requested short adjournment. Granted as a last chance.
Adv. for defendant present.
Copy of NM reply served on other side.
Adjourned for NM hearing to 3/4/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2020
Date: 08-07-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for NM hearing to 20/10/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Business: Both the parties and their advocates are absent.
Adjd. for hearing on NM No.216/20 (condonation of delay) and NM No.522/20 (Preliminary issue) to 05.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on Notice of Motion to 07.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Advocate Priyanka Kumar for plaintiff present.
Advocate Krishnan Ayyar for defendant present.
Both the parties and their advocate are absent when called out.
Adjourned for NM hearing on 08.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: Adv. Priyanka Kumar @ Adv. Amit Saphale for plaintiff is ready to argue on both NM.
None for defendant when matter was repeatedly called out.
It would be proper to decide on merit. Hence, adjourned. Defendant to positively remain present on next date.
Matter is adjd.to 16-01-2021 for NM Hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv. Amit Saphale for plaintiff present.
Adv. Vrushali Salvi for defendant , submits that AOR Adv. Thatte is not feeling well, prayed for adjournment r/o 12-02-2021.
Matter is adjd.to 12-02-2021 for NM Argument.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ARGUMENTS
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv. Mr. K.P. Anilkumar for plaintiff present.
Adv. Mr. Agashe h/f adv. Mr. Shashank Thatte for deft. nos. 1 to 4 present, submits that short adjd be given as per instruction by defts., 1 deft will remain present for discussion to settle the matter.
Matter is adjd.to 15.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv Mr. K.P Anilkumar for plaintiff present.
Adv. Mr. Krushanan Ayyar for defendant present.
Officers of plff and deft are present.
At the request of both side adjd. is granted.
Matter is adjd.to 23.02.2021 for argument.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv. Mr. Amit Saphale for plaintiff present.
Adv. Mr. Krushanan Ayyar for defendant present.
Heard argument of both side on NM no. 216/2020 and 522/20.
F.R.S.R the following order is passed on NM no. 216/2020.
ORDER
1. Notice of Motion no. 216/2020 is allowed.
2. Impugned delay of 108 days is condoned. Subject to cost of Rs. 2,000/- (Rupees Two Thousand Only) be paid to plaintiff within a week from uploading the order.
3. W.S. is marked as Exh.7
4. Notice of Motion no. 216/2020 is disposed off accordingly.
F.R.S.R the following order is passed on NM no. 522/2020.
ORDER
1. Notice of Motion no. 522/2020 stands rejected.
2. W.S. of deft. is there on record, both side to submit their draft issues to expedite hearing.
4. Notice of Motion no. 522/2020 is disposed off accordingly.
Matter is adjd.to 06.03.2021 for issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: None for plaintiff.
Adv. Mr. Krishnan Ayyar for defendant, submits that order of cost of Rs. 2,000/- dtd. 23.02.2021 is complied by the deft. Cost is paid to the plff. by cheque of HDFC Bank, dtd. 26.02.2021.
Draft issues filed by deft.
Exh.8- Issues framed.
Matter is adjd.to 15.03.2021 for List of witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv. Mr. Amit Saphale for plaintiff, prayed for adjd r/o. 05.04.2021. It is assured to submit list of witness, affidavit of all witnesses and schedule of hearing.
Adv. Ms. Vrushali Salavi h/f adv. Thatte for deft. present.
Both side to submit list of witness and schedule of hearing.
Matter is adjd.to 05.04.2021 for R/E- List of witnesses
and schedule.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Adv. Mr. Chinmay Apte for plaintiff present.
Adv. Ms. Vrushali for defendant, tendered registered NM no.1019/21.
K.B.
L.O. at 3.40 p.m.
Adv. Mr. Shashank Thatte for defendant present.
Adv. Amit Safle for plaintiff submitted reply on NM, copy served to defendant.
Matter is adjd.to 21.04.2021 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: None for plaintiff.
Adv. Ms. Vishna Acharya h/f Mr. Shashank Thatte for defendant, submitted rejoinder. (Copy is already served to plff.)
Matter is adjd. to 15.06.2021 for n/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: Adv. Amit Saple for plaintiff present.
None for defendant
Matter is adjd.to 15-07-2021 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: None for plaintiff.
Adv. Namrata Aagashe h/f Adv. Shashak Thatte for defendant no. 1 present.
Matter is adjd.to 24-08-2021 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: None for plaintiff.
Adv. Vinsha Acharya for defendant present.
NM is pending for hearing since long. As the plaintiff and his adv. are absent since long, hearing could not be conducted. Hence, last chance is given for hearing on NM.
Matter is adjd.to 06-09-2021 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Advocate Amit Saple for Plaintiff present.
Advocate Namrata Agashe for Defendant no.1 present.
Matter is adjd.to 07-10-2021 for NM hearing at 2.45
p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Adv. Amit Saple for plaintiff present and submitted that he needs some time for argument on NM and prayed for adjournment.
Adv. Shashank Thatte along with Adv. Namrata Agashe for defendants no. 1 to 4 present and filed written submission t.o.r.
Heard Adv. Shashank Thatte for defts. no. 1 to 4 on NM No. 1019/21.
On request of Adv. Amit Saple matter adjourned for argument of the plaintiff on NM.
Matter is adjd.to 25-10-2021 for NM Argument (plaintiff)
(2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: None for plaintiff.
Adv. Vrushali Salvi for defendant present.
Kb LO
Adv. Amit Saple along with Adv. Chinmay Aple for plaintiff present.
Adv. Shashank Thatte along with Adv. Vrushali Salvi along with Adv. Krishnan Iyar defendants present.
Heard both sides on NM No. 1019/21.
Matter is adjd.to 29-10-2021 for Order on NM..
Next Purpose: NM ORDERS
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: None for plaintiff.
None for defendant.
F.R.S.R. following order is passed in NM No. 1019/21 -
ORDER
1. Notice of Motion No. 1019/2021 is dismissed.
2. Proceeding of N/m No. 1019/21 is closed.
Matter is adjd.to 26-11-2021 for Case management hrg.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: None for plaintiff.
Adv. Narendra Devansh h/f Adv Siddharth Murarka for defendant present and filed vakalatnama for defendant no. 2 t.o.r. and marked as Exh. 9
None for defts no. 1,3 & 4.
Matter is adjd.to 07-01-2022 for case management hrg.
LO
Adv. Amit Sapale for plaintiff present.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Adv. Amit Saple for plaintiff present and filed evidence affidavit of PW1 Kishore Jeswani t.o.r. and marked as Exh.10
He also filed list of documents t.o.r. and marked as Exh.11 & also filed affidavit of documents t.o.r. and marked as Exh.12
Adv. Narendra Devvansh for defendant present and received copy of Exh. 10, 11 and 12.
Matter is adjd.to11-02-2022 for case managmnt hrg
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: Adv. Mr. Amit Sakhare for plaintiff present.
Adv. Mr. Narendra Devvansh for defendant present and filed draft notice of motion with supporting affidavit for rejection of the plaint, t.o.r and leave is granted to register notice of motion.
Matter is adjd.to 21-02-2022 at 2.45 p.m. for filing
registered notice of motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-02-2022
Date: 21-02-2022
Business: None for plaintiff.
Adv. Narendra Devvansh for defendant present and filed original registered NM No. 508/22 with supporting affidavit t.o.r.
Matter is adjd.to 11-03-2022 for NM Reply by the plaintiff
and affidavit of service regarding NM by deft (2.45pm)
LO
Adv. Amit Saple for plaintiff present and submitted that he
has not received copy of registered NM.
The plaintiff is directed to serve copy of NM No. 508/22 upon
the plaintiff
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv. Amit Saple a/w Adv. Chinmay Apte for plaintiff present.
Adv. Narendra Devvansh for defendants present filed to affidavit of service regarding NM t.o.r. and marked as Exh.13 and Exh. 14.
Matter is adjd.to 29-03-2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Adv. Chinmay Aapte for plaintiff present and filed affidavit in reply in NM No. 508/22.
Adv. Narendra Devvansh for defendant present.
Matter is adjd.to 19-04-2022 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: None for plaintiff.
Adv. Narendra Devvansh for defendants present and prayed for adjournment for filing rejoinder. - granted.
Matter is adjd.to 10-06-2022 for filing rejoinder.
LO
Adv. Amit Sapale for plaintiff present.
Next Purpose: REJOINDER
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Representative of plaintiff present.
Adv. Anchal Jain for defendants present and tendered affidavit in rejoinder in NM No. 508/22. T.O.R.
Adv. for defendant submitted that Copy of rejoinder served upon plaintiff.
Adjd for NM hearing to 29/07/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Adv. Amit Sakhle for plaintiff present.
Adv. Narendra Devansh for defendant present.
Adv. for plaintiff sought time to file rejoinder - time granted.
Matter is adjd.to 05-08-2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. K. P. Anilkumar for plaintiff present.
Adv. Narendra Devvansh for defendant present.
Adv. for defendant tendered written submission to NM No. 508/202. It is marked as Exh. 13
Adv. for defendant also tendered copies of judgments relied by them. T.O.R.
Heard arguments of adv. K. P. Anilkumar for plaintiff and adv. Devvansh for defendant on NM NO. 508/22
Adjd for NM orders to 08/08/2022
Next Purpose: NM ORDERS
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv. Amit Sapale for plaintiff present.
Court is busy in passing orders in other suits hence adjourned.
Adjd for NM orders to 20/08/2022
Next Purpose: NM ORDERS
Next Hearing Date: 20-08-2022
Date: 20-08-2022
Business: Adv. Narendra Devvansh for defendant present.
Court is busy in passing order in other suits. Hence adjourned.
Adjd for NM orders to 26/08/2022
Next Purpose: NM ORDERS
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Anilkumar for plaintiff present.
Adv. Anchal Jain for defendant present.
Court is busy in passing order in other suit hence adjourned.
Adjd for NM orders to 30/08/2022
Next Purpose: NM ORDERS
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv. Anchal Jain for defendant present.
Court is busy in passing order in other suit hence adjourned.
Adjd for NM orders to 08/09/2022
Next Purpose: NM ORDERS
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Court is on leave
Next Purpose: NM ORDERS
Next Hearing Date: 23-09-2022
Date: 23-09-2022
Business: Adv. Narendra Devvansh for defendant present.
None for plaintiff when called.
Court is busy in passing orders in other suit hence adjourned.
Adjd for NM orders to 04/10/2022
Next Purpose: NM ORDERS
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. Narendra Devvansh for defendant present.
Adv. Amit Sapale for plaintiff present.
Court is busy in passing orders in other suit hence adjourned.
Adjd for NM orders to 07/10/2022
Next Purpose: NM ORDERS
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: Adv. Narendra Devvansh for defendant present.
None for plaintiff when called.
Court Is busy in recording evidence in other suit hence adjourned.
Adjd for NM orders to 14/10/2022
Next Purpose: NM ORDERS
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: Adv. Narendra Devvansh for defendant present.
Court is busy in passing judgment in other suit hence adjourned.
Adjd for NM orders to 19/10/2022
Next Purpose: NM ORDERS
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: None present for plaintiff
Adv Narendra Devansh for defendant present.
Court busy in dictating judgment
Adj for NM Order to 21.10.2022
Next Purpose: NM ORDERS
Next Hearing Date: 21-10-2022
Date: 21-10-2022
Business: None for plaintiff when called.
Adv. Narendra Devvansh for defendants present.
Court is busy in passing orders in other suit hence adjourned.
Adjd for NM orders to 02/11/2022
Next Purpose: NM ORDERS
Next Hearing Date: 02-11-2022
Date: 02-11-2022
Business: Adv. Komal Tripathi for defendant present.
Adjd. to 10.11.2022 for NM Orders.
Next Purpose: NM ORDERS
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Adv. Amit Sable for plff. present. Adv. Komal Tripathi for deft. Present.
As Court is busy in dictating order in other suit adjd. to 17.11.2022 for order NM.
Next Purpose: NM ORDERS
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: None for plaintiff when called.
Adv. Narendra Devvansh for defendant present.
Court is busy in passing order in other suit hence adjourned.
Adjd for NM orders to 23/11/2022
Next Purpose: NM ORDERS
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv. Amit Saple for plaintiff present.
Adv. Komal tripathi for defendant present.
Representative of plaintiff Mukesh Kashyap present.
Court is busy in passing order in other suit hence adjourned.
Adjd for NM orders to 24/11/2022
Next Purpose: NM ORDERS
Next Hearing Date: 24-11-2022
Date: 24-11-2022
Business: Adv. Narendra Devvansh for defendant present.
Court is busy in passing order in other suit hence adjourned.
Adjd for NM orders to 06/12/2022
Next Purpose: NM ORDERS
Next Hearing Date: 06-12-2022
Date: 06-12-2022
Business: Court is on leave
Next Purpose: NM ORDERS
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: Adv. Akash Gupta for plaintiff present.
Court is busy in hearing ad-interim arguments in other suit hence adjourned.
Adjd for NM orders to 19/12/2022
Next Purpose: NM ORDERS
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: None present.
Court is busy in passing order in Commercial Suit no.29/19, Commercial Summary Suit 09/19 and Commercial Summary Suit 260/22.
Adjd to 23.12.2022 for NM orders.
Next Purpose: NM ORDERS
Next Hearing Date: 23-12-2022
Date: 23-12-2022
Business: Adv. Komal Tripathi for defendant present.
Court is busy in passing judgment in other suit hence adjourned.
Adjd for NM orders to 07/01/2023
Next Purpose: NM ORDERS
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: Adv. Anchal Jain for defendant present. Court is busy in passing judgment in other suit henec adjd.
Adjd for NM orders to 13/01/2023
Next Purpose: NM ORDERS
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: None for plaintiff.
Representative of defendant is present.
Adv. Achal Jain for defendant is present.
F.R.S.R. following order in Notice of Motion no. 508 of 2022-
ORDER
1. Notice of Motion No. 508 of 2022 in Commercial Suit No. 103 of 2019 stands dismissed.
2. Parties to bears their respective costs.
3. Proceeding of Notice of Motion No. 508 of 2022 is closed.
Case is adjourned for case management hearing to 17-02-2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 17-02-2023
Date: 17-02-2023
Business: Court is on leave
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: Adv. Amit Saphale for plaintiff present.
Adv. Komal Tripathi for defendant present and sought time for case management hearing. O granted.
Case is adjourned to 28.04.2023 for Case Management Hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: Adv. Priyanka Kumar for plaintiff is present.
Adv. Anchal Jain for defendant is present.
By consent, case is adjourned for case management hearing to 23-06-2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: P. O. is on leave
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: M/s. Pacific Infotech Vs M/s. Jai Ambe Manufacturers Ltd.
Adv. Priyanka Kumar present for plaintiff.
Adv. Komal Tripathi present for defendant.
Exh.15- Adjournment application filed by defendant. O- Allowed.
Matter adjourned for appropriate steps both side.
Matter adjourned to 01.12.2023 for Case Management Hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 01-12-2023
Date: 01-12-2023
Business: Pacific Infotech Pvt Ltd V/s Jai Ambe Manufacuturers
Plaintiff side called, but absent.
Adv. Devendra Tiwari present for defendant.
Defendant submitted that, they are likely to challenge the order Dt. 06.11.2023 passed by Honble Bombay Court, before the Honble Supreme Court.
Hence, time granted till next date.
Later on at12.50 Hrs.
Adv. K. P. Anilkumar present for plaintiff.
Case adjourned to 22.03.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-01-2024
Date: 30-01-2024
Business: Not on board. Taken on board
Writ Petition No. 13753 / 2023 in Commercial Suit No. 100103 / 2019 received from Honble High Court, wherein following Order is passed by Honble High Court.
Order
1. The petitioners are challenging order passed by the Trial Court rejecting notice of motion under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908 on the ground that the suit is barred by Section 8 of the Arbitration and Conciliation Act, 1996.
2. The bar alleged by the petitioner is under section 5 of the Arbitration and Conciliation Act, 1996 does not take away power of the Civil Court to entertain the suit if parties acquiesced to the jurisdiction of the Civil Court. On existence of arbitration clause, if a party to the suit files an application under section 8 of the Arbitration and Conciliation Act, 1996 the Trial Court on being satisfied about existence of arbitration clause is required to refer the suit to the arbitrator, provided such objection is raised at the time of first delivery of defense.
3. Therefore, in my opinion, the Trail Court has rightly rejected the application under Order 7 Rule 11(d) of the Code of Civil Procedure, 1908.
4. However, it will be open for the petitioners to file an application under section 8 of the Arbitration and Conciliation Act, 1996 and if the Trial Court is satisfied about the existence of t arbitration clause, and other conditions of section 8, the Trial Court shall pass appropriate order on such application.
5. The writ petition stands disposed of in above terms. No costs.
Case already adjourned to 22.03.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-03-2024
Date: 22-03-2024
Business: M/s. Pacific Vs. M/s. Jai Ambe
Plaintiff side called, but absent.
Adv. Hitasvi Sanghavi present for defendant.
On her oral request suit is kept back.
Later on at 12.35 Hrs.
Adv. Priyanka Kumar present with plaintiff representative Mukesh Kashyap.
Adv. Hitasvi Sanghavi present with defendant representative Sarvesh Chavan.
Exh.18 - Consent Terms filed by plaintiff and defendant.
Authorised representative of plaintiff Manju Rana is absent.
New representative Mukesh Kashyap is not on record of suit.
Parties to take appropriate steps.
Matter referred to Lokadalat.
Suit adjourned to 05.05.2024 for Lokadalat.
Later on at 13.39 Hrs.
Adv. Priyanka Kumar present with plaintiff representative Mukesh Kashyap.
Exh.19 - Application filed by plaintiff for taking on record Resolution of Mukesh Kashyap.
Defendant side called, but absent.
Suit adjourned to 05.05.2024 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 05-05-2024
Date: 05-05-2024
Business: Suit was posted on Lok-Adalat 05.05.2024.
However, vide Notice of Maharashtra State Legal Service Authority O. W. No MSLSA / 2024 / 979, Dt. 08.04.2024 the Lok-Adalat was postponed to 27.07.2024.
Suit is taken on todays board.
Plaintiff side called, but absent.
Defendant side called, but absent.
Suit is adjourned to 27.07.2024 for Lok- Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 27-07-2024
Date: 27-07-2024
Business: Mr. Mukesh R. Kashyap, authorized representative of plaintiff Co. present.
Adv Akash Gupta for plaintiff present.
Mr. Sarvesh Gunaji Chavan, authorized representative of defendant Co. present.
Matter is not settled.
Matter stands Adj on 12/09/2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-09-2024
Date: 12-09-2024
Business: M/s. Pacific Infotech Vs M/s. Jai Ambe Manufacturers Ltd.
Adv. Priyanka Kumar present for plaintiff.
Defendant side called, but absent.
Plaintiff submitted that, compliance settlement talks are going on.
Suit adjourned to 28.09.2024 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 28-09-2024
Date: 28-09-2024
Business: CORAM-H.H.J SHRI. CHANDRAKANT S. DATIR
LOKADALAT PANEL NO.XIII(CR. NO. 31)
Both parties and their counsel are absent.
Matter is ajdn to 13.11.2024.
Later on at 1.48 pm
Adv. Akash Gupta for plaintiff is present.
Matter is ajdn to 13.11.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-11-2024
Date: 13-11-2024
Business: Matter pertains to CR No.31
Plaintiff representative Mukesh Kashyp present.
Defendant representative Sarvesh Chavan present.
Suit adjourned to 23.12.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-12-2024
Date: 23-12-2024
Business: Plaintiff side called, but absent.
Defendant Mr. Sarvesh Chavan is present.
On his oral request suit is kept Back.
Later on at 12.27 hours.
Plaintiff Mukesh Kashayp present.
His counsel is absent.
Defendant Mr. Sarvesh Chavan is present.
His advocate is absent.
Both submitted that settlement talks are going on.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 22.03.2025 for lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 22-03-2025
Date: 22-03-2025
Business: Matter pertains to C. R. No. 31.
Mr. Mukesh Ramchandra Kashyap, authorized representaive of plaintiff Co. present.
Mr. Sarvesh Chanva, authorized representative of defendnat Co. present.
Adv for plaintiff filed an application for withdrawal of suit. t.o.r. marked as Exh. 08. O- Allowed as prayed for.
Terms of compromise. t.o.r. marked as Exh. 09.
Award. t.o.r. marked as Exh. 10.
In terms of withdrawal application (Exh. 08), Commercial Suit 103/2019 stands disposed off. Court Fees be refunded as per rule. Proceeding is closed.
Nature Of Disposal: LOKADALAT
Disposal Date: 22-03-2025