Date: 04-12-2019
Business: Adv. Vidhya Iyengar for plaintiff present.
Adv. for plaintiff filed an application for service to writ of summons by RPAD and email. Order- Time extended to serve writ of summons.
Adv. for Plaintiff filed draft notice of motion along with affidavit.
Adv. to argue the draft NM seeking interim relief about its maintainability.
Adv. for Plaintiff is seeking time for argument on maintainability of NM.
Adjourned for argument 06/01/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Nobody present when called at 11 am.
Kb
Later on at 11.40 am
Adv. Vidhya Iyengar for plaintiff is present.
Application for production for documents for service of summons to defendant filed by Adv. for plaintiff. t.o.r.
The office of defendant is situated at Mumbai 400 001 therefore the writ of summons be served to the defendant through Sheriff office by bailiff. The bailiff is directed to file report immediately after its service.
Adjd for report to 21/02/2020.
Next Purpose: REPORT
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Called at 11 am.
Adv. Vidhya Iyengar for plaintiff present.
Adv. for plaintiff filed application for substitute service through paper publication.
adv. for plaintiff to argue the application of substitute service.
Adjd for arguments to 05/03/2020.
Later on
Adv. Rajesh Sahani I/b Roy law firm filed vakalatnama on behalf of defendant No.1.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-03-2020
Date: 05-03-2020
Business: Nobody present when called at 11.00 am
kb
Later on in afternoon session
Adv. Smt. Vidhya Iyengar for plaintiff present.
Adv. for plaintiff filed draft summary judgment. O- Leave granted to register summary judgment.
The plaintiff is directed to serve the summary judgment to the defendant.
Adjd for arguments to 03/04/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: ARGUMENTS
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: ARGUMENTS
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 29-06-2020
Date: 29-06-2020
Business: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Business: National Lockdown
Next Purpose: ARGUMENTS
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Business: National Lockdown
Next Purpose: ARGUMENTS
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Both parties and their advocates are absent when called out.
Adjd for service of Summary Judgment to the deft to 16/10/2020.
Later on
Adv. Ms. Sheetal Chavan for plff present and filed affidavit of service of summary judgment.
Adjd for order to 16/10/2020.
Next Purpose: ORDER
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: Adv. Sheetal Chavan for plff present and filed written notes of args on Summons for Judgment.
None for defts.
Plaint.
Vakalatnama
Address Memo
List of docs.
Affidavit of service filed by plff.
Adjourned for hearing on Exh. 5 to 13/11/2020.
Next Purpose: HEARING
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Advocate Vidhya Iyengar for plaintiff is present.
None present for defendant.
Adjourned for hearing to 06.01.2021.
Judge
Next Purpose: HEARING
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Advocate Vidhya Iyengar for plaintiff is present.
None for defendant.
On perusal of roznama Adv. Rajesh Sahani has submitted
VP on 21-02-2020. It is marked at Exh.6. Defendant no.
1 has failed to file WS. Suit to proceed no WS against
deft. no. 1.
Exh.6- Bailiff report - Defendants 1 and 2 have left the
address.
Plaintiff to intimate by email to defendant no.2 that in
failure to remain present on next date court may proceed
for (ex-parte) order.
Matter is adjd.to 29-01-2021 for Hearing (No WS
against deft. no. 1).
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 29-01-2021
Date: 29-01-2021
Business: Advocate Sheetal Chavan I/b Adv. Iyangar for plaintiff is present.
None for defendant.
In view of roznama dtd. 06-01-2021, plaintiff has submitted service affidavit about intimation to defendant no. 2 by email.
Exh. 7 - Intimation to defendant no. 2 by email.
Defendant no. 2 is absent. Hence, suit to proceed (ex-parte) against defendant no. 2.
Matter is adjd.to 04-03-2021 for hearing (No WS)
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Adv. Vidhya Ayyangar for plaintiff present.
None for defendant.
Exh.8- PW-1 Mr. Maniknandan Pillai, submitted claim affidavit.
In view of evidence affidavit of PW-1, at list at page no.13 vide Exh.8, documents as Annex with Exh.8 are marked as follows.
Exh-9- The Online Master data showing the company\''s profil of deft from the Ministry of Corporate affairs.
Exh-10- True copy of the agency agreement between plff. company and deft company.
Exh-11- True copy of termination letter dtd. 24.10.2016 between plff. company and defts. Company.
Exh-12- True copy of Settlement agreement.
Exh-13- True copy of Email correspondence, original debit note, credit note, statement of account with the deft. company for recouping the amount.
Exh-14- True copy of Board Resolution dtd. 24.09.2018 and power of attorney dtd. 7Th March,2019 duly Apostal through embassy.
Exh-15- True copy of legal notice sent through adv. by RPAD with RPAD receipts and acknowledgement AD.
Exh-16- True copy of remainder legal notice sent through adv. by RPAD with RPAD receipts and acknowledgement AD.
Exh-17- True copy of statement of claim as on 30.04.2019.
Exh-18- The Email correspondence between deft. and plff. adv. about the case date.
Exh-19- Evidence close pursis filed by plff.
Matter is adjd.to 09.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv. Vidya Iyangar for plaintiff present and submitted written notes of arguments. Tor and marked at Exh. 20.
None for defendant.
Heard argument of Adv. for plaintiff.
Exh. 21 - Judgment.
F.R.S.R the following order is passed -
ORDER
1. The Suit is partly decreed with costs.
2. Plaintiff is entitled to recover the amount of Rs. 7,63,919.80/-, jointly and severally from all defendant, with interest @ 12 percent p.a. from the date of suit till realization, within two months from the date of decree.
3. Decree shall be drawn accordingly.
Disposal Date: 09-03-2021
Date: 15-03-2022
Next Purpose: FOR APPERANCE
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Adv. Shridhar S. for plaintiff present and filed application for adjournment t.o.r. and marked as Exh.22 - Short date be given.
Defendant no. 1 Ram Kotak Vasant in person present and filed reply to summary judgment t.o.r. and marked as Exh.23
He also filed draft NM with supporting affidavit for referring the matter to arbitration t.o.r. and Leave is granted to register the NM.
Adv. Shridhar S. for plaintiff received copy of draft NM and
Exh. 23.
Matter is adjd.to 17-06-2022 for filing registered NM.
Next Purpose: FOR___________________
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Adv. Vidya Iyengar for plaintiff present.
Exh- 24 Pursis filed by adv. for plaintiff submitting that honble high court has stayed the commercial suit No. 169/19 on 10.06.2022. Order dt. 10.06.2022 of Honble High court is attached with said pursis. O- Read and recorded. Detail order passed on roznama
Kb L. O at 03.06 pm
None for defendant when again called.
Order below Exh.24
It is submitted by adv. Vidya Iyengar for plaintiff that the commercial suit No. 169/19 was stayed by Honble High Court vide order dt. 10.06.2022. The copy of said order is annexed with the pursis filed by adv. for plaintiff. In view of order passed by Honble High court in Writ petition No. 6243 of 2022, the commercial suit bearing No. 169/2019 is stayed.
Adjd as suit stayed to 01/08/2022
Next Purpose: SUIT STAYED
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: NOB TOB
Writ received from Honble High Court bearing inward No. 8041 dt. 06.07.2022. O- Seen
Copy of writ is kept in R and P marked as Exh 25
In view of order passed by Honble High Court in Writ petition no. 6243 of 2022, the commercial suit bearing No. 169/2019 is stayed.
Already adjd to 01/08/2022
Next Purpose: SUIT STAYED
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. Vidya Iyengar for plaintiff present and submitted that matter is still stayed.
Adjd for suit stayed to 23/08/2022
Next Purpose: SUIT STAYED
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: NOB TOB
Writ received fro Honble High court bearing inward No. 9721 dt. 17.08.2022 in civil WP No. 109383/22 dt. 05.08.2022 in WP NO. 6243/2022 O- Seen.
Order
Interim order shall continue to operate fill next date of hearing only.
Already adjd to 23/08/2022
Next Purpose: SUIT STAYED
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Shridhar S. h/f Adv. Vidya Iyengar for plaintiff present and submitted that suit is stayed by Honble High court.
Adjd for suit stayed to 01/11/2022
Next Purpose: SUIT STAYED
Next Hearing Date: 01-11-2022
Date: 01-11-2022
Business: Adv. Sridhar S. for plaintiff present and filed pursis along with copy of order of Writ petition no. 6243 of 2022. t.o.r. O- Seen He further submitted that matter be kept on 02.01.2023
None for defendant when called.
Adjd as suit stayed to 02/01/2023
Next Purpose: SUIT STAYED
Next Hearing Date: 02-01-2023
Date: 02-01-2023
Business: Adv. Vidhya Iyengar for plaintiff present and tendered pursis along with copy of order of Honble High court in WP no. 6243/2022 dt. 19.09.2022. T.O.R marked as Exh.27 O-seen
Adjd as suit stayed to 16/02/2022
Next Purpose: SUIT STAYED
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: PO on leave. Board discharged. Matter adjd.
Next Purpose: SUIT STAYED
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: None present.
Case is adjourned for suit stayed to 30-06-2023
L.O. at 1.54 pm
Adv. Nitin Sharma for plaintiff is present.
Exh.29 - Ld adv for plaintiff filed pursis stating that ad-interim stay is extended till 27-06-2023. he also filed copy of order of Hon’ble High Court in Writ Petition No. 6243 of 2022 t.o.r. O- Seen.
In view of passed by Hon’ble High Court ad-interim relief granted earlier will continue to operate till next date.
Case is adjourned for suit stayed to 03-07-2023
Next Purpose: SUIT STAYED
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: M/s. SOGECO International S.A Vs M/s. Cargoways Shipping Pvt. Ltd
Adv. Shrutika Mestri present for plaintiff.
She submitted the Honble High Court extended the stay till 27.07.2023 according matter adjourned.
Exh.30- Pursis filed by adovcate for plaintiff.
Matter adjourned to 04.09.2023.
Next Purpose: SUIT STAYED
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: M/s. SOGECO International S.A Vs M/s. Cargoways Shipping
All called, but absent.
As per roznama Dt. 03.07.2023, the plaintiff has submitted that, the matter is stayed by Honorable Bombay High Court.
Matter adjourned to 05.01.2024 for stayed.
Later on at 15.30 Hrs.
Adv. Vidya Iyangar present for plaintiff.
Exh.31- Pursis filed by plaintiff stating that, the Honorable Bombay High Court extended the Stay till 03.10.2023.
Matter adjourned to 03.10.2023 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: M/s. SOGECO Vs M/s. Cargoways Shipping Pvt. Ltd
Adv. Shrutika Mistri present for plaintiff.
She submitted that the Honorable Bombay High Court Stayed the proceeding vide order Dt. 28.08.2023 in Writ Petition No.6243 /2022.
Plaintiff to file copy of Writ Petition.
Defendant side called, but absent.
Matter adjourned to 05.01.2024, being stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
M/s SOGECO V/s Cargoways Shipping
Adv. Shrutika Mistri present for plaintiff.
She submitted that, the Suit is stayed by Honble Bombay High Court.
Case adjourned to 06.03.2024 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 06-03-2024
Date: 06-03-2024
Business: OGECO International V/s Cargoways Shipping
Matter pertains to Court Room No.31.
Adv. Shrutika Mestri present for plaintiff.
Ex.11- Pursis filed by plaintiff.
Suit adjourned to 24.04.2024 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 24-04-2024
Date: 24-04-2024
Business: M/S. Sogeco International S.A Vs M/S. Cargoways Shipping
Adv. Shrutika Mistri present for plaintiff.
Defendant side called, but absent.
Plaintiff submitted that the proceedings are stayed by Honble Bombay High Court.
Exh.12- Pursis filed by plaintiff regarding stay.
Suit adjourned to 30.08.2024 as suit stayed.
Judge
Next Purpose: SUIT STAYED
Next Hearing Date: 30-08-2024
Date: 30-08-2024
Business: M/s. SOGECO International Vs M/s. Cargoways
Adv. Darsh Desai present for plaintiff.
Defendant side called, but absent.
Plaintiff submitted that, Suit is stayed by Honble Bombay High Court.
Exh.13- Pursis filed by plaintiff regarding stay.
Suit adjourned to 02.12.2024 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 02-12-2024
Date: 02-12-2024
Business: Adv. Saloni Sarpatil present for plaintiff.
Defendant side called, but absent.
Exh.14 - Pursis filed by plaintiff stating that, Suit is stayed by the Honble Bombay High Court.
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 30.04.2025 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 30-04-2025
Date: 30-04-2025
Business: Adv. Saloni Sarpatil for plaintiff present.
Exh. Pursis filed by the plaintiff in respect of order passed in Writ Petition No.6243/2022 by Hon'ble High Court.
O. Seen.
As the Court is busy in dictating judgment matter and argument matters, matter stands Adj to 10-07-2025 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 10-07-2025
Date: 10-07-2025
Business: Adv. Vidya Iyanger for plaintiff present through VC.
Matter is stayed by Hon'ble High Court.
Matter stands Adj to 13-08-2025 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 13-08-2025
Date: 13-08-2025
Business: Adv. Saloni Sarpathi for plaintiff present through VC.
In view of order of Hon'ble Bombay High Court passed in WP 6243/2022 matter is stayed.
Matter stands Adj to 30-10-2025 for stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 30-10-2025
Date: 30-10-2025
Business: Adv. Vidya Iyanger a/w Adv. Payal for plaintiff present through VC.
In view of order of Hon'ble Bombay High Court in Writ Petition 6243/2022, matter is stayed.
Matter stands Adj to 05-12-2025 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 05-12-2025
Date: 05-12-2025
Business: Adv. Vidya Iyenger for plaintiff present through VC.
In view of order of Hon'ble Bombay High Court in Writ Petition No.6243/2022, matter is stayed.
Matter stands Adj to 17-02-2026 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 17-02-2026
Date: 17-02-2026
Business: Adv. Vidya Iyengar for plaintiff present through VC.
None present for defendant.
In view of order of Hon'ble Bombay High Court in Writ Petition No. 6243 of 2022, matter is stayed.
Matter stands Adj to 16-03-2026 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 16-03-2026
Date: 16-03-2026
Business: Adv. Vidhya Iyengar for plaintiff present.
None present for defendant.
In view of order of Hon'ble Bombay High Court in Writ Petition No.6243 of 2022 matter is stayed. As requested by advocate for plaintiff matter is adjourned on 17.06.2026.
Matter stands Adj to 17-06-2026 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 17-06-2026
Date: 17-06-2026
Business: Adv. Vidya Iyengar for plaintiff present through VC and submitted that the stay is continue and the matter is posted on 29.06.2026.
Matter stands Adj to 13-07-2026 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 13-07-2026
Date: 13-07-2026
Business: Adv. Vidhya Iyenger for plaintiff present through VC and submitted that the stay is still continued by the Honble High Court.
Matter stands Adj to 14-08-2026 as stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 14-08-2026
Date: 14-08-2026
Business: Adv. Vidhya Iyengar a/w Adv Payal Shah for plaintiff present and filed an application along with order of Honble High Court dated 21.07.2026 in WP No.6243/2022. TOR and marked as Exh.16.
O- Seen, matter is expedited.
None present for defendants.
Adv. Iyengar also filed an application to serve the defendants by way of electronic mail service or whatsapp. TOR and marked as Exh.17.
O- Allowed as prayed.
O- The NM 1434/2022 is shown as pending, however, the same is not forthcoming inspite of search taken by the Sheristedar. Hence, the concern Sherisdar to take search and inform on next date.
O-As the Honble High Court has directed to expedite the matter, both the parties are directed to take steps to expedite the same.
Matter stands Adj to 07-09-2026 for service.
Next Purpose: SERVICE
Next Hearing Date: 28-08-2026
Date: 28-08-2026
Business: NOB/TOB
Writ received from Honble High Court vide D.D.(W.P.) No.C1118554/2026 dated 13.08.2026 (office Inward No.15977 dated 24.08.2026) in Writ Petition No.6243 of 2022, order passed by Honble High Court (Coram Prafulla S. Khubalkar, J) on 21.07.2026.
O- As per order passed by Honble High Court in WP No.6243/2022 dated 21.07.2026 in para No.17, the Trial Court is directed to decide the suit expeditiously.
Hence, said entry is taken on record and complied.
Matter already adjd to 07-09-2026.
Next Purpose: SERVICE
Next Hearing Date: 07-09-2026
Date: 07-09-2026
Business: Adv. Vidhya Iyengar for plaintiff present and filed service affidavit. TOR and marked as Exh.18.
None present for defendants.
O- The service affidavit along with the copy of email shows the defendants were served with writ of summons along with copy of plaint and documents through email ID on the address of the defendants. The defendants failed to file their written statement though they have filed NM 1710/2021 for setting aside ex-parte Judgment and Decree which was allowed by the erstwhile Predecessor by order dated 15.03.2022. Hence, the suit to proceed without written statement.
Adv. Iyerngar submitted that the defendants are not appearing to argue on NM 1434/2022, therefore, the suit is pending without any progress.
O- If the defendants failed to appear and argue on the above NM, appropriate order will be passed.
Matter stands Adj to 14-10-2026 for argument on NM.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 14-10-2026