Best Roadways LimitedVsShreeram Clearing and Forwarding Agency

Date: 29-08-2019
Business: Ms. Pooja Dhumal, advocate for the Plaintiff present. On request of Ms. Dhumal, for further steps, adjd to 30/08/2019.
Next Purpose: FOR___________________
Next Hearing Date: 30-08-2019

Date: 30-08-2019
Business: Ms. Preshita Pabari, Advocate for plaintiff present. Exe.application marked as Exh.-A (Colly). Ms. Pabari has tendered application for issue of warrants of attachment, taken on record and marked as Exh.-B. Ms. Pabari prays for issue of warrants u/o XXI Rule 43 and 54 of CPC, without issue of notice stating that the Exe. Application is filed within two years of passing Decree. Ms. Pabari states that the property sought to be attached is free from all the encumbrances and belongs to defendant. In view of this issue warrants as prayed for, returnable on 29/11/2019.
Next Purpose: FOR___________________
Next Hearing Date: 29-11-2019

Date: 29-11-2019
Business: Ms. Pooja Dhumal, advocate for the plaintiff present.
Ms. Dhumal has tendered original unexecuted warrants of attachment u/o.XXI Rule 43 and 54 of CPC, t.o.r. and marked as Exh-C and D, respectively.
Ms. Dhumal has tendered the application for amendment, t.o.r. and marked as Exh-E.
Upon hearing Ms. Dhumal amendment application is allowed. Exe.application be amended as per rule and fresh warrant after amendment be issued, returnable on 27/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Ms. Pooj Dhumal Advocate for plaintiff present. Ms. Dhumal has tendered application for extension of time to carry out Amendment -t.o.r.- and marked as Exh-F.
Upon hearing Ms. Dhumal time to carry out amendment is extended till 12/03/2020.
Next Purpose: FOR___________________
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Ms. Riddhi Gada, advocate for the plaintiff present.
On request of Ms. Gada, returnable date of warrants after amendment is extended till 29/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 29-04-2020

Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 20-05-2020

Date: 20-05-2020
Next Purpose: FOR___________________
Next Hearing Date: 08-06-2020

Date: 08-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 01-07-2020

Date: 01-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: Parties and advocate are absent adjourned to 06/02/2021.
Next Purpose: FOR___________________
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Ms. Riddhi Gada advocate for plaintiff present.
Ms. Gada has tendered application for extension of time for returnable date of warrants t.o.r. and marked as Exh.G.
Upon hearing Ms. Gada application allowed by, extending the returnable date of warrants to 16/04/2021.
Next Purpose: FOR___________________
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Today being declared holiday, adjourned to 30/06/2021.
Next Purpose: FOR___________________
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: In view of directions vide Office Order No.120 of 2021, matter adjourned to 06/08/2021.
Next Purpose: FOR___________________
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: Parties and advocate are absent adjourned to 22/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Shri Mukesh Pabari advocate for plaintiff present.
Shri Pabari tendered the application to extend the returnable date of warrants, t.o.r and marked as Exh.H.
Upon hearing Shri Pabari returnable date of warrants is extended till 30/11/2021.
Next Purpose: FOR___________________
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Business: Shri Paresh Chandiramani, advocate for defendant present.
None for plaintiff.
On request of Shri Chandiramani, for filing of vakalatnama and reply of defendant, matter adjourned to 14/01/2022.
Next Purpose: FOR___________________
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: In view of Office Order No.07 of 2022, matter adjourned to 28/02/2022, earlier orders to continue.
Next Purpose: FOR___________________
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Ms. Ankita Pawar, advocate for defendant present.
None for plaintiff.
Ms. Pawar, tendered Vakalkatnama of Harshvardhan G. Khambete, Advocate for erstwhile defendant, t.o.r, marked as Exh-I.
Ms.Pawar, seeks time to file reply and on her request, adjourned to 01/04/2022.
Next Purpose: FOR___________________
Next Hearing Date: 01-04-2022

Date: 01-04-2022
Business: Shri Ramesh Gupta, Advocate for plaintiff present.
Shri Harshvardhan Khambete, Advocate for defendant present.
Shri Khambete seeks time to file reply, stating that copy of reply will be served in advance to Adv. For plaintiff.
Shri Gupta has no objection.
Hence, by consent, for reply adjourned to 15/06/2022.
Next Purpose: FOR___________________
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: Shri Paresh Chandiramani advocate for defendant present.
Shri Chandiramani, seeks longer adjournment stating that settlement talks are going on and on his request matter adjourned to 15/09/2022.
LO
Ms. Pooja Gupta advocate for plaintiff appeared and she has been informed about the above roznama and next date.
Next Purpose: FOR___________________
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: As Court is on leave, board discharged and matter adjourned to 15/11/2022.
Next Purpose: FOR___________________
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: Ms. Ankita Pawar, Advocate for defendant present.
None for Plaintiff.
Ms. Pawar, states that plaintiff has not responded to the offer of the defendant.
Since none appeared for plaintiff matter adjourned for dismissal to 15/12/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: Ms. Riddhi Gada, advocate for for plaintiff present.
Ms. Ankita Pawar, advocate for defendant present.
Ms.Gada states that the settlement proposal offered by defendant is not acceptable to plaintiff, as the amount offered is less than principal amount.
Ms.Pawar submits that fresh proposal with higher amount will be offered to plaintiff.
Ms.Gada states that upon receipt of fresh proposal from the defendant, it will be considered.
Hence, by consent matter adjourned to 16/01/2023.
Next Purpose: SETTLEMENT
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Ms. Riddhi Gada, Advocate for plaintiff present.
Ms. Ankita Pawar, Advocate for defendant present.
By consent of both the advocates adjourned by way of last chance for settlement to 08/02/2023, making it clear that on failure to make payment of Rs.85000/- being principal amount before next date, plaintiff will be at liberty to proceed further.
Next Purpose: SETTLEMENT
Next Hearing Date: 08-02-2023

Date: 08-02-2023
Business: Ms.Riddhi Gada, Advocate for Plaintiff present.
Shri Ketan Desai, authorised representative of plaintiff present.
Ms.Ankita Pawar, Advocate for Defendant present.
Ms.Gada tendered withdrawal application stating the plaintiff has received the pay order for Rs.85,000/- details of which mentioned in the application, by way of full and final settlement, t.o.r. marked as Exh-J.
Shri Desai confirms the said position.
In view of this, execution application is allowed to be withdrawn and stands disposed of by razing/withdrawing the warrants of attachment issued in the matter.
Nature Of Disposal: WITHDRAWL
Disposal Date: 08-02-2023

Main Case No: SUIT/0104871/2008
Main Cnr: MHCC010059332008
Main Filing No: 111447

Filing Number: 108351/2019
Filing Date: 19-08-2019
First Hearing Date: 29th August 2019
Decision Date: 08th February 2023
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI