Date: 11-11-2019
Business: Adv. L. K. Tripathi for plaintiff present.
Issue writ of summons to the defendant.
Adjourned for affidavit of service of writ of summons to
3.12.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Adv. Mr. Tiwari for plaintiff present.
None for deft.
Plaint.
Vakalatnama.
Memo of address.
List of documents.
Adv. for plaintiff seeks time to file affidavit of service.
The matter is adjd for affidavit of service to 10.01.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Adv. Mukesh Tiwari for plaintiff present.
None for deft.
Ld. counsel for plaintiff filed affidavit of service along with acknowledgement of service of writ of summons to the deft. None present on behalf of deft. Suit to proceed ex-parte against the deft.
The matter is adjd for verification of documents and evidence to 27.01.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: Adv. Tripathi for plaintiff present.
None for deft.
Ld. counsel for plaintiff seeks time to adduce evidence. Granted.
The matter is adjd for evidence to 13.02.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Adv. Tiwari for plaintiff present.
Adv. Khambete for deft. present.
Vakalatnama filed on behalf of deft.
O. - Seen and filed.
Two draft N/M\''s tendered by deft. Leave is granted to register them.
Common reply filed by plaintiff.
COMMON ORDER IN DRAFT N/M\''S
Heard. By these N/M\''s, the deft. is seeking setting aside ex-parte order dated 10.01.2020 and seeking condonation of delay in filing W/S. The deft. contended that writ of summons was served to company on or around 26.11.2019. The copy of the writ of summons physically came into the possession of Director on or around 14.01.2020. The security agency/watchman to whom the said envelope was entrusted did not convey the same to the Director of the company or authorized person of the deft./company. Writ of summons was delivered in envelope and therefore, the security person could not understand the importance of the same. He would submit that therefore, none remained present on behalf of the deft./company when the matter was proceeded ex-parte. Deft./company is ready for prosecution of the matter and is ready to file the W/S. Therefore, seeks leave of this court by these N/M\''s.
N/M\''s are opposed by the plaintiff. Ld. Counsel for plaintiff submitted that deft. has not made out sufficient cause for setting aside ex-parte order and condoning delay.
The N/M is filed within 120 days of service of writ of summons. The matter is at initial stage. The nature of the suit is commercial, therefore, substantial rights of the parties are involved. If the substantial rights and technicalities are pitted against each other, preference should be given to the substantial rights. There should not be hyper-technical and pedantic approach in dealing with such type of motion when it is apparent that N/M is tendered within 120 days of service of writ of summons. Thus, in view of the matter, N/M\''s need consideration, hence it is expedient to pass following order.
ORDER
1. Draft N/M for setting aside ex-parte order is made absolute in terms of prayer clause (a) and (b) subject to cost of Rs.1,500/- to be paid to the plaintiff.
2. Draft N/M for condoning the delay is made absolute in terms of prayer clause (a) to (c) subject to cost of Rs.1,500/- to be paid to the plaintiff.
3. Payment of cost is subject precedent and it be paid on or before next date.
4. On payment of cost, W/S be taken on record.
5. Both the draft N/M\''s be registered for statistical purposes.
6. Both the draft N/M\''s are disposed off accordingly.
Draft N/M tendered by deft. Leave is granted to register it.
The matter is adjd for compliance and reply to N/M to 21.02.2020 at 11.00 am.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv. Tripathi for plaintiff present.
Adv. Khambate for deft. present.
Cost paid by deft. to the plaintiff, therefore, W/S is taken on record.
W/S of deft.
O. - Read and recorded.
Reply to draft N/M filed by plaintiff. T.O.R.
Deft. to register all his motions.
The matter is adjd for hearing on N/M to 03.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2020
Date: 03-03-2020
Business: Adv. Tripathi for plaintiff present.
Adv. Khambate for deft. present.
Disposed off N/M no.917/20 and 918/20 tendered by deft. T.O.R.
The matter is adjd for hearing of N/M no.916/20 to 12.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Adv. Abhishek Tripathi for plaintiff present.
Adv. Khambate for deft. present.
Heard arguments on N/M no. 916/20.
The matter is adjd for order on N/M to 18.03.2020
Next Purpose: NM ORDERS
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: None for plff
Adv for defendant is present.
Adjd for hearing on NM to 916-2020 to 4.4.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2020
Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2020
Date: 27-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-05-2020
Date: 18-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-06-2020
Date: 05-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020
Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
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: 02-09-2020
Date: 02-09-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on NM No. 916/2020 to 18/10/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2020
Date: 18-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Business: Both parties and their Advocates are absent when called out.
Adjourned for hearing on 09.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Adv. Abhishek Tripathi for plaintiff present.
Adv. Harshavarthan Khambete for defendant , prayed for short date as his office file is not traceable.
Matter is adjd.to 01-02-2021 for NM Hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Date: 09-02-2021
Business: Adv. Viren Tripathi for plaintiff present.
None for defendant
Exh. 7 - Issues framed.
Order passed on NM No. 916/20 -
F.R.S.R the following order is passed -
1) Notice of Motion No. 916/2020 stands dismissed.
2) Issues are framed, parties may insist to expedite
hearing.
3) NM No. 916/2020 is disposed off.
Matter is adjd.to 16-03-2021 for List of witness and CM
Hearing.
Next Purpose: HEARING
Next Hearing Date: 16-03-2021
Date: 16-03-2021
Business: Adv. Mr. Virendra Tripathi for plaintiff present.
Adv. Mr. Harshavardhan Khambete for defendant present.
Matter is adjd.to 24.03.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: Adv. Viren Tripathi for plaintiff present and prayed for adjournment to file evidence affidavit.
None for defendant.
Matter is adjd.to 21.04.2021 for hearing/CMH
Next Purpose: HEARING
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: Adv. Mr. Viren Tripathi for plaintiff, prayed for adjmnt. as witness is not available.
None for defendant.
Matter is adjd.to 06.07.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 05.08.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: None for plaintiff.
Adv. Pathare for defendant present.
LO
Plaintiff Rameshchandra Verma present.
Adv. Tripathi for plaintiff present.
Plaintiff Rameshchandra Verma present and filed evidence affidavit t.o.r. marked as Exh. 7. He also filed documents with list t.o.r. marked as Exh. 8.
Matter is adjd.to 23-08-2021 for filing affidavit of
admission/denial documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv. Virendra Tripathi for plaintiff present.
Adv. Harshwardhan Khambate for defendant present and sought time for filing affidavit of admission/denial of documents. Short date be given.
Matter is adjd.to 01-09-2021 for admission/denial of
documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: None for plaintiff.
Adv. Anuya Pathare for defendant present and filed reply to the list of documents filed by the plaintiff t.o.r. and marked as Exh.9
Kb Lo
Adv. Viren Tripathi for plaintiff present.
Matter is adjd.to 23-09-2021 for case mangt hrg.
Next Purpose: HEARING
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv. Virendra Tripathi h/f Adv. L. K. Tripathi for plaintiff present.
Adv. Anuya Pathare for defendant present and filed statement of admission and denial of documents filed by the plaintiff with supporting affidavit t.o.r. and marked as Exh. 10
Matter is adjd.to 21-10-2021 for case mangnt hrg.
Next Purpose: HEARING
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Adv. Virendra Tripathi for plaintiff.
Adv. Harshvardhan G. Khambete for defendant present.
Heard both sides on the point of case management hearing.
Schedule of trial determined after case management hearing – Exh.11
Matter is adjd.to 08-11-2021 for filing list of witnesses by
both sides.
Next Purpose: FOR___________________
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: Adv. Virendra Tripathi for plaintiff present and filed list of witness t.o.r. and marked as Exh. 12
Adv. Paresh Chandiramani for defendant present and filed list of witness t.o.r. and marked as Exh. 13
Copies of Exh. 12 and Exh. 13 are provided by both sides to each other.
Matter is adjd.to 22-11 -2021 for filing evid affidvt by pltf
Next Purpose: FOR___________________
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv. L. K. Tripathi for plaintiff present and filed evidence affidavit of PW – 1 Pramodkumar t.o.r. and marked as Exh. 14
Adv. Paresh Chandiramani for defendant present.
Both sides are directed to file statement of truth
in support of their respective pleadings and affidavit of
admission and denial of documents on the next date of
hearing.
Matter is adjd.to 09-12-2021 for filing statement of
truth and admission/denial by both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. Viren Tripathi for plaintiff present and filed statement of truth t.o.r. and marked as Exh.15
Adv. Paresh Chandiramani for defendant present
Matter is adjd.to 25-01-2022 for admission/denial by
deft.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: Adv. L. K. Tripathi for plaintiff present.
None for defendant.
Matter is adjd.to 15-02-2022 for admission denial by deft.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: None for plaintiff.
Adv. Harshvardhan G. Khambete for defendant present.
L.O.
Adv. Viren Tripathi a/w plaintiff present.
Matter is adjd. to 07-03-2022 for cross examination of
PW – 1 on Exh. 7A.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv. L. K. Tripathi for plaintiff present.
Adv. Paresh Chandiramani for defendant present.
With consents of both sides, matter is adjourned to 23-03-2022.
Matter is adjd.to 23-03-2022 for R/E P.H. (Cross
examination of PW - 1 On Exh. 7A)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv. L. K. Tripathi a/w Virendra Tripathi alongwith plaintiff present.
Adv. Harshvardhan G. Khambete for defendant present.
Both sides filed joint adjournment application contenting details of settlement between the parties. - t.o.r. and marked as Exh.16 - adjournment is granted.
Matter is adjd.to 07-04-2022 for R/E P.H. (cross
examination of PW - 1 on Exh. 7A)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv. L. K. Tripathi along with plaintiff present.
Adv. Paresh Chandivamani for defendant present.
Matter is adjd.to 16-04-2022 for R/E P.H. (cross
examination of PW - 1 on Exh. 7A)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: Adv. Virendra Tripathi for plaintiff present and submitted that the defendant has not paid the first installment as per their settlement dated 23/03/2022. He prayed to fix the matter for evidence.
Adv. Paresh Chandiramani for defendant present.
Matter is adjd.to 09-06-2022 for R/E (P.H.)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: Adv. Virendra Tripathi h/f Adv. L. K. Tripathi for plaintiff present.
Adv. Harshavardhan Khambete for defendant present.
Exh-17 Adv. for defendant tendered list of documents. O-Filed. Copy be furnished to other side.
By consent both the advocates are seeking adjournment.
Adjd for evidence part heard to 14/07/2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: As per roznama dt. 09.06.2022, Defendant has filed copy of order dt. 03.06.2022 passed by Honble NCLT has prohibited the institution of suit or continuation of pending suit in any court of law/tribunal. Hence matter needs to be stayed.
Hence in view of order passed in CP (IB) 4201MB/2019 matter is stayed
Adjd for suit stayed to 25/11/2022
Next Purpose: SUIT STAYED
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: Adv. Virendra Tripathi for plaintiff present.
Matter is pending before NCLT hence suit is stayed as submitted by adv. for plaintiff.
Adjd as suit stayed to 10/01/2022
Next Purpose: SUIT STAYED
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Adv. Virendra Tripathi h/f Adv. L.K. Tripathi for plaintiff is present.
Case is adjourned to 20-02-2023 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 20-02-2023
Date: 20-02-2023
Business: Adv. Virendra Tripathi for plaintiff is present.
None for defendant.
Case is adjourned for suit stayed to 28-03-2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: Adv. L. K. Tripathi for plaintiff present.
None for defendant.
Case is adjourned to 06.06.2023 for stayed
Next Purpose: SUIT STAYED
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: Space Age Plastic Industries Vs Bionext Pharma Pvt. Ltd
Adv. Virendra Tripathi present for plaintiff.
Defendant side called, but absent.
Parties to inform this court about status of stay.
Matter adjourned to 02.09.2023 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 02-09-2023
Date: 02-09-2023
Business: Space Age Plastic Industries Vs Bionext Pharma Pvt. Ltd.
Adv. H. S. Singh present for plaintiff.
Defendant side called, but absent.
Parties to comply roznama order Dt. 06.06.2023 and to inform about the status of stayed to this court.
Matter adjourned to 15.01.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
All called, but absent.
Perused roznama dated 02.09.2023.
Parties to comply the order dated 02.09.2023
Case adjourned to 30.04.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-04-2024
Date: 30-04-2024
Business: Space Age Plastic v/s Bionext Pharama
Adv. L. K. Tripathi present for plaintiff.
Defendant side called, but absent.
Defendant to comply order dt. 06.06.2023.
Suit adjourned to 04.11.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-11-2024
Date: 04-11-2024
Business: Matter pertains to Court Room No.31.
Adv.Bharat Tiwari present for plaintiff.
None present for defendant.
Suit adjourned to 26.11.2024 for compliance.
I/c Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2024
Date: 26-11-2024
Business: Space Age Plastic Industries Vs Bionext Pharma Pvt. Ltd.
Plaintiff side called, but absent.
Defendant side called, but absent.
Parties to take appropriate steps.
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 24.03.2025 for steps.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-03-2025
Date: 24-03-2025
Business: Adv. Bharat Tiwari for plaintiff present.
Court is busy in hearing/argument in Com Suit No.648/2024, Com Summ Suit 252/2024 (NM Nos.1899/2024, 3947/2024) and dictating Judgment in Com Sum Suit No.470/2022 and Com Sum Suit No.509/2022. Hence, rest of the board is discharged
Matter stands Adj for on 24-06-2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2025
Date: 24-06-2025
Business: None for plaintiff.
As per roznama dated 06.07.2023 parties were directed to inform this Court about stay. However, it is not clear what proceeding is going on before NCLT and its stage. So plaintiff is directed to let this Court know stage of above referred proceeding.
Matter stands adjourned to 02.08.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-08-2025
Date: 02-08-2025
Business: None present for plaintiff.
Parties yet not complied direction dated 24.06.2025.
Matter stands Adj to 30-09-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-09-2025
Date: 30-09-2025
Business: None present for plaintiff.
Board from Sr. No.50 to Sr. No.64 is discharged as its 01.30 pm and few matters are kept back for further examination in chief and marking of documents. In Second Session court will be busy in hearing argument of Com Sum. Suit 229/2024, Com Sum 242/2024 and order on Exh.23 in Com Suit 602/2024 and order on NM 09/2025 in Com Suit 560/2023.
Matter stands Adj to 02-12-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-12-2025
Date: 02-12-2025
Business: None for plaintiff.
None for defendant.
Matter stands Adj to 18.02.2026 for compliance as per noting in roznama dated 24.06.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-02-2026
Date: 18-02-2026
Business: P. O. IS ON LEAVE
ADJD TO
Next Purpose: COMPLIANCE
Next Hearing Date: 30-03-2026
Date: 30-03-2026
Business: None present for plaintiff.
None present for defendant.
Matter stands Adj to 10.06.2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2026
Date: 10-06-2026
Business: None present for plaintiff.
Matter stands Adj to 20-07-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-07-2026
Date: 20-07-2026
Business: None present for plaintiff.
Matter stands Adj to 18-08-2026 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2026
Date: 18-08-2026
Business: None present for plaintiff.
Order- The roznama dated 03.10.2022 reveals defendant had filed copy order dated 03.06.2022 passed by Honble NCLT. However, thereafter no any progress of the same is filed. Hence, defendants are directed to file status of the NCLT Proceeding.
Matter stands Adj to 23-10-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-10-2026