M/s. Orbit ImpexVsM/s. Om Biomedic Pvt. Ltd. +1 more

Date: 23-10-2018
Business: Adv. Paras Vira for Plaintiff present.
None for Defendant.
Matter is adjd. to 10/12/2018 for Report.
Next Purpose: REPORT
Next Hearing Date: 10-12-2018

Date: 10-12-2018
Business: Adv.Ms. Vira for Plaintiff
None for Defendant
Adv for plaintiff has filed original writ of summons along affidavit. Service is completed.
Matter is adjd. to 15/01/2019 for exparte order.
Next Purpose: ORDER
Next Hearing Date: 15-01-2019

Date: 15-01-2019
Business: Adv. Paras Vira for Plaintiff present.
None for Defendant.
It appears that suit summons is duly served upon defendant, inspite of that none has appeared on behalf of defendant hence suit is proceeded Exparte.
Matter is adjd. to 21/02/2019 for Exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-02-2019

Date: 21-02-2019
Business: Adv. Paras Vira for Plaintiff present.
Adv. Aditi Gautam for Defendant present.
Advocate for defendant has filed registered N/M 742/19 alongwith affidavit, TOR.
Read the N/M and reply given by the ld. Advocate for plaintiff overleaf on Notice of motion. Heard.
It appears that there is delay of 81days in filing the vakalatnama by pleader of the defendant. Considering the reason mentioned in the affidavit and that the ld. Advocate for plaintiff has not seriously challenge the same, the interest of justice requires to make the NM absolute, on awarding the reasonable cost to the plaintiff. Hence Notice of Motion no.742/19 is allowed. Subject to cost of Rs.3000/- payable by defendant to plaintiff. Delay cause in filing vakalatnama by pleader of the defendant is hereby condoned. Payment of cost is the condition precedent.
Matter is adjd. to 20/03/2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-03-2019

Date: 20-03-2019
Business: Adv for plaintiff. Mr.Paras Veer present
Adv for deft Ms.Aditi present
Adv for plaintiff stated that he has received the cost
Matter is Adjd for Steps to 11/06/2019
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Adv for plaintiff Ms.Vira present.
Matter is Adjd for Steps to 31/07/2019
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-06-2019

Date: 19-06-2019
Business: By Precipe,
Adv for plaintiff Mr.Vira present
He filed draft S/J along with affidavit
O-Leave Granted to register S/J
Already Adjd for S/J Hearing to 31/07/2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 31-07-2019

Date: 31-07-2019
Business: Adv.Kate for plaintiff.
Adv.Aditi for defendant.
Adjd for SJ on 03/10/2019.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Business: Adv. Vira for plaintiff present.
KB
LO At 12.37 p.m.
Adv. Paras for plaintiff present.
Adv. Aditi for deft present.
Registered SJ 196/19 @ Affidavit  filed by adv. for plaintiff.
Affidavit of service filed by adv. for plaintiff.
Ld adv. for deft. had submitted that registered copy of SJ is not served to them. Today Ld adv. for plaintiff has supplied copy of registered SJ to adv. for deft.
Adjd. to 13.11.2019 for reply of SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: None for plaintiff present.
Adv. Redekar for deft present.
Adjd. to 07.01.2020 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv. Vira for plaintiff present.
Adv. Singh for defendant present.
On the request of the defendant the matter is adjourned to 03.03.2020 for SJ Hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Adv. Paras Vira for plaintiff.
Adv. Aditi for defendants.
The defendants failed to file reply to Summons for Judgment within stipulated period and till date. Hence, the SJ to proceed without reply of the defendants.
Adjd for Claim affidavit and original documents to 17-06-2020
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Adv. Paras Vira for plaintiff
Adjd to 18-03-2021
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: Adv. Paras vira for plaintiff
Adv. Singh for defendant
Adjd on the request of plaintiff to 03-05-2021
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Adv. Paras Vira for plaintiff present and submitted that the suit was originally registered as a Summary Suit No. 896/18 and he had filed S/J No. 196/19. He further submitted that the suit came to be re-registered as a Commercial Suit No. 723/21. According to him writ of summons has to be issued in accordance with order Order 37 Rule 2(2) & Rule 3 of the C.P.C.. for trial of the matter by following procedure under order Order 37 of the C.P.C..
Considering submission of Adv. Paras Vira, issue writ of summons to the defendants in Form No. 4 in Appendix B of the C.P.C. as per Order 37 Rule 2 & 3 of the C.P.C..
Matter is adjd.to 15-11-2021 for writ of summons
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Adv. Paras Viar for plaintiff present.
Adv.  Siddhi Vadake h/f  Ashwin Singh for defendants present.
Matter is adjd.to 16-12-2021 for writ of summons as per
Order 37 of the C.P.C..
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: Adv. Paras Vira for plaintiff present and filed application for extension of time to serve the writ of summons t.o.r.  - allowed as prayed time is extended to serve the writ of summons.
Matter is already adjd.to  17-01-2022 for writ of
summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: Adv. Mittal Vira for plaintiff present.
He requested time for extension of writ of summons orally.
Time is extended for service of writ of summons.
Matter is adjd.to   21-02-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: Adv. Mayur Sonawane h/f Paras Vira  for plaintiff present  and prayed for adjournment for filing service affidavit– short date be given.
Matter is adjd.to 14-03-2022 for service affidavit.
LO
Adv. Abhishekh Singh for defendant present.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: Adv. Mittal Vira for plaintiff present and prayed for adjournment - short date be given.
Adv. Siddhi Vadake for defendant present.
Matter is adjd.to 22-03-2022 for filing affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-03-2022

Date: 22-03-2022
Business: None for plaintiff.
Adv. Siddhi Vadake for defendant present.
LO 12.30 pm
Adv. Paras Vira for plaintiff present and filed affidavit of service with original writ of summons and two track reports t.o.r. and marked as Exh.2
Matter is adjd.to 08-04-2022 for S/J Hrg. (2.45pm)
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: Adv. Mittal Vira for plaintiff present.
Adv. Siddhi Vaduke  for defendant present Adv. for  tendered draft NM with supporting affidavit for setting aside no reply order in 03-03-2020 t.o.r. and Leave is granted to register the NM.
She also filed affidavit in reply in S/J No.  196/19 t.o.r.  - it shall be considered subject to decision in NM.
Adv. Mittal Vira for plaintiff received copy of draft NM.
Matter is adjd.to 27-04-2022 for filing registered NM.
(2.45pm)
Next Purpose: FOR___________________
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: Adv. Mittal Vira for plaintiff present and filed reply to NM No. 1477/22. t.o.r.
Adv. Siddhi Vaduke  for defendant present and  filed original registered NM No. 1477/22  with supporting affidavit t.o.r.
Adv. Siddhi Vaduke  for defendant received copy of reply to NM No. 1477/22
Matter is adjd.to  09-06-2022 for  NM Hrg . (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: Adv. Siddhi Varte for defendant present and seeks adjournment.
None for plaintiff when called.
Adjd for NM hearing to 20/07/2022
L. O
Adv. Mittal Vira for plaintiff present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: Adv. Ms. Paras Vira for plaintiff present.
Adv. A. R. Singh and adv. Siddhi Vadke for defendant present.
Heard arguments of Adv. A. R. Singh for defendant and adv. Paras Vira for plaintiff on notice of motion no. 1477/22.
Adjd for NM orders to 26/07/2022
Next Purpose: NM  ORDERS
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: Adv. Siddhi Vadke for defendant present.
Adv. Mayur Sonawane h/f Adv. Paras Vira for plaintiff present.
Court is busy in passing order in NM No. 2586/22 hence adjourned.
Adjd for NM orders to 27/07/2022
Next Purpose: NM  ORDERS
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: Adv. Mital Vira for plaintiff present.
Adv. Siddhi Vadke for defendant present.
FRSR the following order is passed in NM No. 1477/22 in SJ No. 196/19 in commercial suit 723/21
                            ORDER
       1. The Notice of Motion No. 1477 of 2022 is allowed subject to payment of cost of Rs. 3,000/- (Rs. Three Thousand Only) to be paid to the plaintiff by the defendants.
       2. The order dated 03.03.2020 directing the Summons for Judgment to proceed without reply of the defendants is set aside and the defendants are directed to file reply to the Summons for Judgment.
       3. The defendants are directed to pay cost within two months from the date of this order failing which, the order passed by this Court on this Notice of Motion shall automatically stand vacated.
       4. The Notice of Motion is disposed off accordingly.
Adjd for compliance/SJ reply to 25/08/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Mayur Sonawane for plaintiff present.
Adv. Siddhi Vadke for defendant present.
Adv. for defendant complied the order passed in NM 1477/202 by paying cost to plaintiff.
Adv. for defendant tendered affidavit in reply to SJ No. 196/19 along with affidavit in support which is taken on record today as compliance is made today.
Adjd for SJ hearing to 04/10/2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Adv. Mayur Sonawane and adv. Mittal Vira h/f Adv. Paras Vira for plaintiff present.
Adv. Siddhi Vadke for defendant present and seeks time to argue SJ.
Adjd for SJ hearing to 21/11/2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: Adv. Paras Vira for plaintiff present.
Adv. Siddhi Vadke for defendant present and sought time to argue SJ.
Adjd for Sj hearing to 13/12/2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: CORAM : H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Adv. Mayur Sonawane a/w Adv. Mital Vira h/f Adv. Paras Vira for plaintiff present.
Adv.Siddhi Wadke for defendant present and request for short time for argument as her senior is not feeling well. Plaintiff objected. In the interest of justice last chance granted.
Adjourned to 09.01.2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: Adv. Mittal Vira for plaintiff is present and sought time for hearing on SJ. Time is granted.
Adv. A.R. Singh for defendant is present.
case is adjourned to 07-02-2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: Adv Paras Vira a/w Adv. Mayur Sonawane for plaintiff is present.
Adv. A.R. singh a/w Adv Siddhi Vadke for defendant is present and sought time for SJ heairng. Granted as a last chance.
Case is adjourned for SJ hearing to 20-03-2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: Adv. Mayur Sonawane h/f Paras Vira for plaintiff present.
Adv. Siddhi Vadke for defendant present and filed adjournment application. t.o.r marked as Exh.11. O- Plaintiff to say.
Case is adjourned to 12.04.2023 for SJ hearing
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Adv. Paras Vira for plaintiff is present.
None for defendant.
Case is adjourned for SJ hearing to 03-05-2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: Adv. Mayur Sonawane h/f Paras Vira for plff present.
None for defendant.
k/b LO at 11.50 am
Adv. Paras Vira for plaintiff is present.
None for defendant.
Case is adjourned for SJ hearing to 19-06-2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: M/s. Orbit Impex Vs M/s. Om Biomedic Pvt. Ltd.
Adv. Paras Vira present for plaintiff.
Matter adjourned to  07.08.2023  for Summon for Judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-08-2023

Date: 07-08-2023

Date: 11-09-2023
Business: M/s. Orbit Impex Vs M/s. Om Biomedic Pvt. Ltd.
Adv. Paras Vira  present for plaintiff.
Adv. Siddhi Vadke present for defendant.
Exh.12 - Adjournment application filed by defendant.
O - Allowed for today.
Matter adjourned to 03.10.2023 for Summons for Judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: M/s. Orbit Impex Vs M/s. Om Biomedic Pvt. Ltd.
Adv. Paras Vira present for plaintiff.
Adv. A. R. Singh present for defendant.
Defendant counsel seeking adjournment on health ground.
Plaintiff submitted for suitable order.
Parties to file written arguments by next date.
Matter adjourned to 31.10.2023  for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 31-10-2023

Date: 31-10-2023
Business: Orbit Impex V/s Om Bioedic Pvt Ltd
Adv. Paras Vira present for plaintiff.
Adv. Siddhi Vadake present for defendant.
Exh.13 - Written arguments filed by Plaintiff.
Exh.14 - Draft Notice of Motion filed by defendant.
Order - Leave is granted to register it.
Exh.15 - Affidavit in support of NM filed by defendant.
Case adjourned to 19.12.2023 for reply to Notice of Motion.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: M/s. Orbit Impex Vs M/s. Om Biomedic Pvt. Ltd.
Adv. Paras Vira  present for plaintiff.
Adv. Siddhi Varge present for defendant.
Case adjourned to 05.02.2024 for NM replyrejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: Orbit Impex V/s Om Biomedic Pvt. Ltd.
Adv. Paras Vira present for plaintiff.
Adv. A. R. Singh present for defendant.
Defendant is seeking oral adjournment.
Objected by plaintiff.
The Com Suit No.723 / 2021 is filed on 29.08.2018.
connected Com Suit No.221/2021 is filed on 09.10.2018.
In both suits, defendant has preferred Notice of Motion on 31.10.2023, challenging jurisdiction of Commercial Court Mumbai.
Considering, age of Suit, parties to take appropriate steps. Else, put for necessary order.
Suit adjourned to 05.03.2024 at 15.00 hrs for arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: Orbit Impex V/s Om Biomedic Pvt.
Adv. Paras Vira present for plaintiff.
Adv. Mohit Jain present for defendant.
Exh.16 - Adjournment application filed by defendant on ground of medical emergency of senior counsel.
Plaintiff submitted for necessary order.
Order - Adjournment allowed for today.
Parties to file written arguments by next date.
Suit adjourned to 18.03.2024 for written arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: Adv. Mittal Vira present for plaintiff.
Adv. Siddhi Vadke present for defendant.
Connected suits as Commercial Suit No. 100221 / 2021 and Commercial Suit No. 100723 / 2021.
In both Suits, Notice of Motion is filed by the defendant.
Heard adv. Mittal Vira for plaintiff, in both suits, on both Notice of Motion.
She submitted that her reply be considered as her written arguments.
Exh. 17 Citations filed by plaintiff on Notice of Motion.
Defendant is seeking oral adjournment to file written arguments.
Granted as last Opportunity.
Suit adjourned to 04.04.2024 hearing Notice of Motion.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: M/s. Orbit Impex Vs M/s. Om Biomedic Pvt. Ltd.
Adv. Paras Vira present for plaintiff.
Adv. Mohit Jain present for defendant.
Exh.18- Written arguments filed by defendant in Notice of Motion No. 4542 / 2023.
The plaintiff has objected the contests of written arguments.
Suit adjourned to 19.04.2024 for arguments at 15.00 Hrs.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Business: Orbit Impex Vs Om Biomedic
Adv. Priyanshi Trevadia present for plaintiff.
Adv. A R Singh present for defendant.
Heard both sides on Notice of Motion No. 104542/2023.
Exh.19 - List of citation filed by defendant.
Suit adjourned to 29.04.024 for NM orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Orbit Impex V/s Om Biomedic
Adv. Paras Vira and Adv. Priyanshi Trevadia present for plaintiff.
Defendant side called, but absent.
Paucity of time with court.
Court busy in dictating order in Summons for Judgement 22 / 2024 and Notice of Motion No. 2163 / 2023.
Suit adjourned to 19.06.2024 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: PO is on training Programmes, Uttan, Thane
Adv. Priyanshi Trevadia present for plaintiff.
Defendant side called, but absent.
Suit adjourned to 21.06.2024 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: M/s. Orbit Impex Vs. M/s. Om Biomedic
Plaintiff side called, but absent.
Defendant side called, but absent.
kept back
L.O. at 13.00 hrs.
Adv. Ms. Mittal Vira present for plaintiff.
Out of five Court staff, three are on leave.
Heavy Board.
Paucity of time with the Court,
Suit adjourned to 05.07.2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 05-07-2024

Date: 05-07-2024
Business: M/s. Orbit Impex Vs M/s. Om Biomedic Pvt. Ltd.
Adv. Priyanshi Trevadia present for plaintiff.
Suit is kept back for order.
Paucity of time Court.
Suit adjourned to 06.07.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 06-07-2024

Date: 06-07-2024
Business: M/s. Orbit Impex Vs M/s. Om Biomedic Pvt. Ltd.
All called, but absent.
Court is busy in recording evidence in Commercial suit 1253 / 2021, Commercial Suit No. 571 / 2024 and Dictating Order in Summons for Judgment no. 114 / 2024 and Notice of Motion No. 270/2024.
Paucity of time with the court.
Suit adjourned to 08.07.2024 for NM orders.
Next Purpose: ORDER
Next Hearing Date: 08-07-2024

Date: 08-07-2024
Business: M/s. Orbit Impex  Vs M/s. Om Biomedic
Plaintiff side called, but absent.
Defendant side called, but absent.
Heavy rains in Mumbai. Local Train Services affected.
Court working with extremely limited staff.
Suit adjourned for Order / Judgment.
Suit adjourned to 11.07.2024 for order
Next Purpose: ORDER
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: P.O. is on leave.
Adv. Priyanshi Trevadia present for plaintiff.
None present for defendant.

Suit adjourned to 16.07.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 16-07-2024

Date: 16-07-2024
Business: M/s. Orbit Impex Vs M/s. Om Biomedic Pvt. Ltd.
Adv. Priyanshi Trevadia present for plaintiff.
Paucity of time with the court.
Court busy in passing order in Notice of Motion No. 1621 / 2024.

Suit adjourned to 19.07.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: M/s. Orbit Impex Vs. Om Biomedic
Adv. Roshan Kapadne present for plaintiff.
Defendant side called, but absent.
Paucity of time with the Court.
Suit adjourned to 20.07.2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: Orbit Impex V/s Om Biomedic
All called, but absent.
FRSR following order is passed in NM 4542 of 2023 -
ORDER
    1. Notice of Motion No. 104542 of 2023, is rejected.

    2. It is held that, City Civil Court, Mumbai, is having territorial jurisdiction to conduct the Suit.

    3. Proceeding of Notice of Motion No. 104542 / 2023 is closed.

    4. Defendant be informed about their right to challenge this Order and period of limitation for same.

    5. Order pronounced in Open Court.

    6. Record of Notice of Motion No. 104542 / 2023, shall be part of Commercial Suit No. 100723 / 2021.
Suit adjourned to 25.09.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: M/s. Orbit Impex Vs M/s. Om Biomedic Pvt. Ltd.
Adv. Paras Vira present for plaintiff.
Defendant side called, but absent.
Parties to file brief Written arguments on Summons for Judgment.
Plaintiff submitted that, it has already filed Written arguments at Exh.13 on 31.10.2023. Said written arguments be considered as arguments for plaintiff.
Defendant granted to file Written arguments, if any. Else put for Orders.
Suit adjourned to 11.11.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-11-2024

Date: 11-11-2024
Business: Adv. Priyanshi Trivadia present for plaintiff.
Adv. Mohit Jain present for defendant.
Defendant granted last opportunity to take steps regarding written argument. Else put for orders.
Parties are directed to e-file all their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, its replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 10.12.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-12-2024

Date: 10-12-2024
Business: M/s. Orbit Impex Vs M/s. Om Biomedic Pvt. Ltd.
Adv. Paras Vira present for plaintiff.
Adv. Mohit Jain present for defendant.
Plaintiff has filed Written arguments on 31.10.2024 at Exh.13.
Defendant failed to file Written arguments.
Arguments of defendant stands closed.
Suit adjourned for Order on Summons for Judgment.
Thereafter Defendant counsel submitted that, defendants are not giving him instructions.
Thereafter, defendant filed adjournment application at Exh.19.
In view of aforesaid fact, adjournment application stands rejected.
Suit is adjourned for Order Summons for Judgment.
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 18.12.2024 for SJ Order.
                                                                                  Judge
Next Purpose: ORDER
Next Hearing Date: 18-12-2024

Date: 18-12-2024
Business: M/s. Orbit Impex Vs M/s. Om Biomedic Pvt. Ltd.
Connected Suits
Commercial Suit No. 100221 / 2021.
Commercial Suit No. 100723 /2021.
Adv. Mittal Vira present for plaintiff.
Adv. A R Singh present for defendant.
Exh.20- Draft Notice of motion filed by defendant in Commercial Suit No. 100723 / 2021.
Exh.21- Affidavit in support of Notice of motion.
Order- Leave is granted to register Notice of motion.
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 04.02.2025 for steps.
                                                                                     Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-02-2025

Date: 04-02-2025
Business: Adv. Mittal Vira present for plaintiff.
Adv. Siddhi Vadke present for defendant.
Defendant tendered registered copy of Notice of Motion No. 100288 / 2025.
Plaintiff filed overleaf reply on Notice of Motion.
FRSR following order is passed in Notice of Motion No. 100288 / 2025.
ORDER

    1. Notice of Motion No. 100288 / 2025 is allowed.

    2. Roznama Order dt. 10.12.2024 for closing arguments of defendant on Summons for Judgment is set aside.

    3. Learned advocate for plaintiff and defendant to appear and argue the Summons for Judgment on next date, without fail.

    4. Order dictated and pronounced in Open Court.

    5. Proceeding of Notice of Motion No. 100288 / 2025 is closed.

    6. Record of Notice of Motion No. 100288 / 2025 shall be part of Commercial Suit No. 100723 / 2021.
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 03.03.2025 for SJ hearing.
                                                                                     Judge
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-03-2025

Date: 03-03-2025
Business: Adv. Paras Vira for plaintiff present.
Adv. Siddhi Vadke for defendant present.
Exh.22  Written notes of argument filed by the defendant.
KB, Later on at 1.25 pm
Same appearance for the plaintiff and defendant.
Adv. Ashwin Singh for defendant present through VC.
Representative of defendant-Mr. Rohit Bhatia present through VC.
On the oral request of the Ld advocates and the parties to the suit,   this court has referred the matter before the Ld Trained Mediator Judge. Parties to appear before the Ld Trained Mediator Judge at 2.30 pm for Mediation.
Authenticated copy be supplied to the advocates.
At 03.30 parties to report.
Later on at 4.10 pm
Adv. Mittal Vira for plaintiff present.
Adv. Siddhi Vadke for defendant present.
Heard both sides on S/J No.196/2019.
Matter stands Adj for S/J order on 05-03-2025.
Next Purpose: ORDER
Next Hearing Date: 05-03-2025

Date: 05-03-2025
Business: None present for plaintiff.
Adv. Siddhi Vadke for defendant present through VC.
KB later on at 12.35
Adv. Mittal Vira for plaintiff present.
Exh.23 Compilation of documents filed by the plaintiff.
O. Seen.
Matter stands Adj for hearing on documents/order on S/J on 07-03-2025.
Next Purpose: HEARING
Next Hearing Date: 07-03-2025

Date: 07-03-2025
Business: Adv. Mittal Vira for plaintiff present.
Adv. A. R. Singh for defendant present.
Exh.23  List of authorities filed by the advocate for the plaintiff.
O. Seen.
On the oral request of the adv for the plaintiff, Matter stands Adj  to 10-03-2025 for hearing as a last chance.
Next Purpose: HEARING
Next Hearing Date: 10-03-2025

Date: 10-03-2025
Business: Adv. Paras Vira for plaintiff present.
Adv. Siddhi Vadke for defendant present through VC.
Heard the Ld advocates appearing for the parties on the aspect of 'as to how the suit was re-registered as Commercial Suit No.723/2021 when the suit was filed under order 37 of CPC and was registered was Summary Suit No.896/2018'.
The Ld advocate for the plaintiff submitted that upto 2021 there was only one category in which the Commercial Suit was registered as Commercial Suit though the suit was filed under Order 37 of CPC. The Ld advocate informed that as per the circular issued by the Hon'ble High Court to Registrar General, since 2022 the Com Suit came to be registered/re-registered as Com Summary Suit.
Matter stands Adj for order on S/J on 11-03-2025.
Next Purpose: ORDER
Next Hearing Date: 11-03-2025

Date: 11-03-2025
Business: (CIS is not working)
Adv. Paras Vira for plaintiff present.
Adv. Siddhi Vadke for defendant No.1 present through VC.
Due to paucity of time, matter stands Adj for order on 17-03-2025.
Next Purpose: ORDER
Next Hearing Date: 17-03-2025

Date: 17-03-2025
Business: Adv. Paras Vira for plaintiff present.
None present for defendant.
FRSR following order is passed on S/J No.196/2019.
Order
    1. The Summons for Judgment No.196/2019 is dismissed.
    2. The defendants are granted conditional leave to defend the suit on condition that the defendants shall deposit Rs.4,62,259/- (Rs. Four Lakh Sixty Two Thousand Two Hundred and Fifty Nine Only) in this Court within a period of 60 days from today.
    3. On deposit of the said amount, the Registry of the Court shall invest the deposited amount in any Nationalized Bank as per rules.
    4. On failure of the defendants to deposit the amount and to file  Written Statement within stipulated 60 days as directed by the Court, the plaintiff would be entitled to a Judgment and decree as prayed for.
    5. Dictated and pronounced in open Court.
    6. Record of Summons for Judgment No. 196/2019 shall be part of Commercial Suit No.723/2021.
Matter stands Adj for compliance on 20-06-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-06-2025

Date: 20-06-2025
Business: None for plaintiff.
Adv. A. R. Singh for defendant present who submit that order dated 17.03.2025 is not complied and there is possibility of settlement between the parties. However, compliance of order has not done within prescribed time so posted for order
Matter stands Adj for order on 28-07-2025.
Next Purpose: ORDER
Next Hearing Date: 28-07-2025

Date: 28-07-2025
Business: Authorized representative of plaintiff Sanjay Beri is present.
Adv. A. R. Singh for defendants present.
Kept back. Later on at 01.30 pm
Adv. Paras Vira for plaintiff present.
Authorized representative of plaintiff Sanjay Beri is present.
Adv. A. R. Singh for defendants present.
Exh.24 Application for withdrawal of suit filed by plaintiff.
Defendant filed reply on it. On going through Exh.24 it reveal that dispute is resolved between the parties and plaintiff want to withdraw suit unconditionally. Exh.24 is signed by plaintiff and advocate for plaintiff. Thus, in view of Exh.24 suit is disposed off as withdrawn. Interim application if any, also stands disposed off. Court fee be refunded as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 28-07-2025

NOTICE OF MOTION/104542/2023
SUMMONS FOR JUDGT/100196/2019
NOTICE OF MOTION/100288/2025
NOTICE OF MOTION/100742/2019
NOTICE OF MOTION/101477/2022

Registration Number: 100723/2021
Transfer Date: 25-05-2021
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 31 - COURT 31  ADDL SESSIONS JUDGE

Filing Number: 109552/2018
Filing Date: 17-07-2018
First Hearing Date: 23rd October 2018
Decision Date: 28th July 2025
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE