Date: 06-11-2019
Business: Plaintiff absent.
Defendant present.
Adv.Preet Chawla for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender register notice of motion no. 3746/2019.
Adv for plaintiff tender affidavit of service.
Defendant no. 2 present in person tender vakalatnama of advocate Ajinkya Kurudkar but on vakalatnama he does not have signature of defendant no. 1. It is submitted by defendant no. 2 in person that he received writ of summon on the morning and he will comply all the necessary formality on next date. Orally requested to adjourned the matter. Oral request is accepted matter is adjourned on next date.
Matter adjd to 26.11.2019 for appearance of defendant and compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Preet Chawla for plaintiff present.
Adv.Ajit for defendant present.
Advocate for plaintiff tender register notice of motion no. 3746/2019.
Advocate for defendant no. 1 and 2 present before the court, failed to tender written reply, hence Notice of Motion is proceeded without written reply of defendant no. 1 and 2.
Matter adjd to 11.12.2019 for hearing on notice of motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: Plaintiff absent.
Defendant absent.
Adv.P.D.Gandhi for plaintiff present.
Adv.J. Puranik for defendant no. 1 and 2 present.
Advocate for defendant filed vakalatnama for both defendant\''s - TOR
Matter adjd to 06.01.2020 for N.M.hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.Preet Chawala for plaintiff present.
Adv. for defendant no. 1 and 2 present.
Today, advocate for defendant no. 1 and 2 is present. However failed to tender reply. Hence, Notice of Motion no. 3746/2019 is proceeded without reply of defendant no. 1 and 2.
Ld. counsel for defendant no. 1 and 2 tender draft notice of motion @ affidavit - Leave is granted to register notice of motion.
Ld. counsel for defendant no. 1 and 2 is directed to register notice of motion and tender register of notice of motion within 7 days.
Matter adjd to 14.02.2020 for compliance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Adv.for plaintiff present
Adv.for defendant present.
Defendant tender register notice of motion no. 732/2020.
Copies delivered to the plaintiff.
Matter adjd to 09.03.2020 for order and argument.
Next Purpose: NM ORDERS
Next Hearing Date: 09-03-2020
Date: 09-03-2020
Next Purpose: NM ORDERS
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: None present
Adjd to 14-07-2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: None present
Adjd to 05-03-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Reverting suit to original Court on 20.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: Matter taken on board by Court.
In view of notesheet, Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit was reverted back to the original Court. Therefore, the suit was removed from the list of Commercial Court matters of this Court. The matter was to be placed before the Board Department for further steps and allotment.
Now the office through Addl. Registrar (Ms.S.S. Dhakane) communicated to comply the circular dated 05.02.2021 and treat the suit instituted on or after 03.05.2018 to be commercial suit.
None present for both the sides.
Next Purpose: NM ORDERS
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Adv.Kaustubh Patil h/f.Adv.P.D. Gandhi for plaintiff present.
None present for defendant.
Matter adjd to 30.03.2021 for Order on NM No.3746/19 and NM No.732/19.
LO
Adv.Jayant Mohan Puranik for defendant No.1 and 2 present.
Matter adjd to 30.03.2021 for Order on NM No.3746/19 and NM No.732/19.
Next Purpose: NM ORDERS
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: None present for plaintiff.
Adv.Mr.Puranik for defendant No.1 and 2 present.
Matter adjd to 31.03.2021 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Daily Board
Plaintiff absent
Defendant absent.
Adv.for plaintiff absent.
Adv. Jayant Puranik for defendant Nos.1 and 2 present.
The Notice of Motion Nos.3746/19 and 732/20 was heard on 8/2/21 and was posted for order on 15/2/21. On 9/2/21 the office reverted back the suit to the original Court and the suit was removed from the list of Commercial Court Matters. Again vide again the Office issue direction to treat the Suit instituted on or after 3/5/2018 to be Commercial Suit. Hence,. the Suit retained in this Court.
As the Notice of Motions were heard longback, it would be appropriate to hear the Notice of Motions afresh. Put up for argument on 5/4/2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Adv.P.D. Gandhy for plaintiff present.
None present for defendant.
Heard Adv.Mr.P.D.Gandhy on NM No.3746/19 and NM 732/20.
KB
LO
None present.
Matter adjd to 09.04.2021 for nm argument of defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: None present for plaintiff
None present for defendant.
Matter adjd to 15.04.2021 for argument on NM by defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 22.4.2021 for Argumnts.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 29.04.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: Adjournded due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 15.06.2021 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Adv.Aditya Khare for plaintiff present.
None present for defendant.
Matter adjd to 25.06.2021 for NMs arguments.
LO at 12.05 pm
Adv.Puranik for defendant No.1 and 2 present.
Matter adjd to 25.06.2021 for NMs arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: PO is on leave.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 03.08.2021 for NM arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Adv. Yashvi Panchal for Plaintiff present.
None present for defendants.
Adjd. for NM arguments to 20/8/2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv.Arvind Giriraj i/b.P.D.Gandhy and Associates for plaintiff present.
None present for defendant.
KB
LO at 01.12 pm
Adv.Arvind Giriraj i/b.P.D.Gandhy and Associates for plaintiff present.
The plaintiff filed handwritten reply on NM No.732/20.
Heard the Ld.Adv. for plaintiff on NM No.3746/2019. The defendant No.1 and 2 are absent. The plaintiff has filed reply today on NM No.732/20. Heard the Ld.Adv. for plaintiff on NM No.732/2020. The defendant No.1 and 2 are absent.
Hence, NM No.732/20 and NM No.3746/2019 are adjourned for argument of defendant No.1 and 2 on 15.09.2021.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: None present for plaintiff.
Adv.J.M.Puranik for defendant No.1 and 2 present. He requested for adjournment.
KB for filing adjournment application.
LO at 02.56 pm
Adv.Giriraj for plaintiff present.
Adv.J.M.Puranik for defendant No.1 and 2 present.
Heard the defendant No.1 and 2 on NM No.732/2020. He wants to file written notes of argument on NM No.3746/2019. Heard the rejoinder argument of plaintiff on NM No.732/2020.
Matter adjd to 17.09.2021 for order NM No.732/2020 and for filing written notes of argument on 3746/2019.
Next Purpose: NM ORDERS
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.53 pm
Adv.Arvind Giriraj h/f.Adv.P.D.Gandhy for plaintiff present.
KB
LO at 05.00 pm
None present. The defendant No.1 and 2 though submitted on the last date that they are filing written notes of argument on NM No.3746/2019, they have not filed the same, hence, no argument of defendant No.1 and 2 on NM No.3746/2019.
Matter adjd to 24.09.2021 for order on NM NO.732/20 and NM 3746/19.
Next Purpose: NM ORDERS
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 05.45 pm
As Court is busy in recording evidence, hence, matter adjourned.
Matter adjd to 30.09.2021 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None present for plaintiff.
None present for defendant.
F.R.S.R. the following order is passed
ORDER ON NM NO.732/2020
1. Notice of Motion No.732 of 2020 is dismissed.
2. Costs of this notice of motion shall be in cause.
Matter adjd to 08.10.2021 for order on NM No.3746/2019.
Next Purpose: NM ORDERS
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.30 pm
None present.
KB
LO at 04.00 pm,
None present.
KB
LO at 05.15 pm
On perusal of the record, it appears that say to NM 3746/19 is not on record. The plaintiff to clarify about the same as the plaintiff is already heard on NM 3746/19 and there is no argument of defendant No.1 and 2.
Matter adjd to 14.10.2021 for order on NM/compliance.
Next Purpose: NM ORDERS
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv.Giriraj i/b.P.D.Gandhy and Associates for plaintiff present.
None present for defendant.
The plaintiff pointed out the roznama dated 06.01.2020 by which notice of motion No.3746/19 is proceeded without reply of the defendant No.1 and 2. He also submits that no copy of any say to NM No.3746/19 has been received to the plaintiff. The defendant No.1 and 2 are absent to make any submission.
The plaintiff filed precipee clarifying that the notice of motion No.3746/19 is only against defendant No.1 and 2. Same is taken on record and marked as Exh.7.
Defendant No.1 and 2 are absent for making any submissions are taking any steps with respect to NM No.3746/19. Hence, adjd for order on NM No.3746/19 on 25.10.2021.
Next Purpose: NM ORDERS
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
L.O. at 5.00 p.m.
The defendants are absent for the submissions if any.
Matter adjd to 10.11.2021 for order on NM 3746/2019.
Next Purpose: NM ORDERS
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: None present for plaintiff.
Adv.Puranik for defendant No.1 and 2 present.
The defendant No.1 and 2 submits that they want to advance their arguments on NM No.3746/19. Already no argument order has been passed. The defendant No.1 and 2 are require to take suitable steps in that regard. The plaintiff is absent. Keep back for consideration of defendants request and plaintiffs submission in that regard.
LO at 04.35 pm,
None present.
In the morning session, the defendant No.1 and 2 made submission that they want to proceed with argument on NM No.3746/2019. Already no argument order has been passed, hence, the defendant No.1 and 2 shall take necessary steps in that regard. The plaintiff is also absent to make any submission in respect to the defendants\'' request. Hence, defendant No.1 and 2 to take proper steps in respect of order of no argument on NM No.3746/2019. In default, case to proceed for order on said NM.
Matter adjd to 15.11.2021 for steps by deft. no.1 and 2/order on NM.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Adv.Arvind Giriraj h/f.Adv.P.D.Gandhy for plaintiff present.
Adv.J.M.Puranik for defendant No.1 and 2 present.
KB till 01.30 pm at the request of defendant No.1 and 2 as they are filing NM.
LO at 01.30 pm,
Adv.J.M.Puranik for defendant No.1 and 2 present.
Adv.of defendant No.1 and 2 filed draft notice of motion a/w. affidavit in support t.o.r. O-Leave granted to register draft notice of motion. Copies of draft notice of motion filed today are kept on record for furnishing the same to the plaintiff.
Matter adjd to 23.11.2021 for reply on NM and order on NM No.3746/19.
Next Purpose: REPLY
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Adv.Lele h/f.Adv.P.D.Gandhy for plaintiff present.
Adv.Vaibhav Kamble h/f.Adv.J.M. Puranik for defendant No.1 and 2 present.
At the request of plaintiff adjd for filing reply to new NM.
Matter adjd to 03.12.2021 for filing reply to NM.
Next Purpose: REPLY
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: PO is on Leave.
Next Purpose: REPLY
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv.Maaz i/b.Adv.P.D.Gandhy and Associates for plaintiff present.
None present for defendant.
Defendant No.1 and 2 failed to tender register NM No.2864/2021, hence, said NM is kept for order.
The Ld.Adv.for the plaintiff requested time for filing reply to NM 2864/2021.
Matter adjd to 10.01.2022 for filing reply to NM 2864/21 if tender or in default by deft. order on NM 2864/21.
Next Purpose: REPLY
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: Adv. Aditya Khare present for plaintiff.
None present for defendant.
Due to SOP dated 06.01.2022.
Matter adjd to 04.02.2022 for filing say/ filing reply to NM 2864/21 if tender or in default by deft. order on NM 2864/21.
Later on 12.10p.m.
Adv. Vaibhav Kamble for defendants present. He tendered registered Notice of Motion 2864/2021 along with affidavit t.o.r.
Already adjd on 04.02.2022 for filing say/reply to NM No. 2864/2021.
Next Purpose: REPLY
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Adv. Maaz h/f Adv. P. D. Gandhi present for plaintiff.
None present for defendant.
Matter adjd to 25/02/2022 for reply on NM No.2864/2021.
Next Purpose: REPLY
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Adv.Hashmi i/b.Adv.P.D.Gandhy for plaintiff present.
Adv.Vaibhav Kamble h/f. Adv.J.M.Puranik for defendant.No.1 and 2 present.
The plaintiff filed handwritten reply in NM No.2864/21.
Heard both the sides on NM 2864/21.
ORDER ON NOTICE OF MOTION NO.2864/21
The defendant Nos.1 and 2 by this notice of motion are seeking relief to set aside no reply order dated 06.01.2020. Read the roznama dated 15.09.2021, 25.10.2021. Said notice of motion proceeded without reply for order. The defendant Nos.1 and 2 want to file reply to said notice of motion. To which the plaintiff has no objection. Considering the reasons stated in the notice of motion, defendant No.1 and 2 are allowed to file reply in NM 3746/19. Considering the delay caused by the defendant No.1 and 2, the are liable for costs. Hence, I pass the following order.
ORDER
Notice of Motion No.2164/2021 is allowed subject to costs of Rs.1,000/- to be paid to Legal Aid Services.
Defendant No.1 and 2 shall file reply to NM No.3746/2019 on next date without fail.
The plaintiff to verify whether suit summons is served on defendant No.3. If it is not served it be served.
Matter adjd to 16.03.2022 for compliance/reply to NM 3746/19.
Next Purpose: REPLY
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Mr. Tejas Shah i/b P. D. Gandhy and associates present for plaintiff.
None present for defendant.
Defendant Nos. 1 and 2 absent. No reply is filed.
KB
L.O. at 03.31 p.m.
Adv. Mr. Tejas Shah i/b P. D. Gandhy and associates present for plaintiff.
None present for defendant.
Defendant Nos. 1 and 2 have not complied with the order dated 25.02.2022, passed in NM No.2164/2021. Hence, NM No.3746/2019 shall proceed without reply of defendant Nos.1 and 2.
Plaintiff to satisfy service of suit summons in respect of defendant No.3.
Matter adjd to 04.04.2022 for argument/order in NM No.3746/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Adv.Aditya Khare i/b.P.D.Gandhy and Associates for plaintiff present.
None present for defendant.
The plaintiff filed application for issuance of summons on defendant No.3 t.o.r. and marked as Exh.8.
O-Issue suit summons to defendant No.3 by RPAD.
Matter adjd to 04.05.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: Adv. Tejas Shah present for plaintiff.
None present for defendant.
The plaintiff filed service affidavit alongwith summons and tracking report. t.o.r. and marked as exh.9 Colly
Matter adjd to 13.06.2022 for order against defendant No.3.
L.O. at 12.50 p.m.
Adv. Mr. Vaibhav Kamble for defendants No.1 and 2 present.
Next Purpose: ORDER
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adv Gandhy present for plaintiff.
Adv J.M. Puranik present for deft Nos.1 and 2.
Adv Vivek Patil present and filed vakalatanam on behalf of deft No.3 at Exh. 10.
Adv for deft No.3 filed written statement on behalf of deft No.3 at Exh.11.
Matter adjd to 01.07.2022 for hearing on NM No.3746/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2022
Date: 01-07-2022
Business: Adv. Tejas Shah present for plff.
None Present for Deft.
KB
LO 11.54
Adv. Puranik present for deft no.1 and 2 and seeks adjournment.
Adj. For hearing on NM 3476/19 on 18/07/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. Tejash Shah Present for Plff.
Adv. Puranik Present for Deft no.1 and 2.
KB LO 2.45 pm.
Adv. Vivek Patil Present for Deft No.3.
Adv of deft no.1 and 2 filed draft NM along with affidavit for setting aside order dt.16/03/2022. Leave granted to register NM.
Adj. For Draft NM returnable and hearing NM 3746/19 on 01/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. Tejjas Sual Present for Plff.
Adv. Puranik Present for Deft no.1 and 2.
None Present for Deft no.3.
Adv of deft no.1 and 2 has tendered registered NM 2581/22 along with affidavit. Plff served with copy of NM 2581/22.
Heard argument adv of plff and deft no.1 and 2 on NM 2581/22.
LO KB 2.45 pm.
Adv. Vivek Patil Present for Deft no.3.
Heard argument adv of deft no.3.
F.R.S.R. Following order passed on NM 2581/22
Notice of Motion No.2581 of 2022 stands rejected.
Adj. For Hearing on NM 3746/19 on 12/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Adv. P. D. Ghandy Present for Plff.
Adv. J. M Puranik Present for Deft no.1 and 2.
Heard argument adv of plff.
Adv of deft no.1 and 2 seeks time for argument. Granted as a last chance.
Adj. For argument on NM 3746/19 by deft no.1 and 2 on 26/08/2022.
LO 12.07.
Adv. Vivek Patil I/b Vivek Patil and associates.
Adj. For argument on NM 3746/19 by deft no.1 and 2 on 26/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv.Tejas Shah for plaintiff present.
Adv.Puranik for defendant nos.1 and 2
Adv. Vivek Patil for defendant no. 3 present.
Head argument of both parties on NM No. 3746/2019.
Case adj for order on NM to 05/09/2022.
Next Purpose: NM ORDERS
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: None present.
KB. LO.
F.R.S.R. following order passed on NM 3746/19
Notice of Motion No.3746 of 2019 stands rejected.
Nature Of Disposal: DISMISSED
Disposal Date: 05-09-2022