New Globe Logistik LLPVsM. Square International and Ors.

Date: 16-10-2019
Business: Adv for plaintiff Mr.Chaitanya Bhandarkar present.
Adv for deft  present.
Adv for plaintiff submitted registered N/M 3834/19 along with affidavit.
Adv for deft.stated that they have received copy of N/M.
Adv for deft requested for adjournment to file WS.
O-Granted.
Matter is Adjd for N/M Reply to 08.11.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: Adv for plaintiff Mr.Chaitanya Bhandarkar  present.
Adv for deft Mr.Ram Laxman present.
Adv for deft filed draft N/M along with affidavit and written Statement. O-Leave Granted to registered N/M.
O-Written Statement kept for order.
Adv for deft filed reply to N/M 3522/19.
Exh 04 Adv for deft filed counter claim.
Matter is Adjd for Affidavit of Service of counter claim and Reply to counter claim and Hearing of N/M 3522/19 to 27.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Adv for plaintiff Mr.Chaitanya Bhandarkar present.
Adv for deft Ms.Mishra present.
Adv for plff.stated that he has not received copy of Reply to N/M filed by deft.
O-Defendant to supply copy of N/M to plaintiff.
Adv for deft tendered registered N/M 4457/19 along with affidavit.
Matter is Adjd for N/M 4457/19 Reply and Hearing of N/M 3522/19 to 13.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: P.O. is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2020

Date: 01-02-2020
Business: Adv for plaintiff Mr.Chaitanya Bhandarkar present.
Adv for deft Mr.Ramlaxmi Palli present.
Matter is Adjd for N/M 3834/19 Reply to 27.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adv for plaintiff Mr.Bhandarkar present.
Adv for deft Mr.Ramlaxmi Palli present.
Adv for plff.stated that he has received copy of Written Statement, copy of Reply to N/M 3522/19 and copy of counter claim.
Adv for deft stated that now he is supplying copy of N/M 4457/19 to Adv for plaintiff. Adv for deft prayed for adjournment to file reply to N/M 3834/19.
O-Granted for today.
Adv for plaintiff stated that he received copy of N/M 4457/19 now.
Matter is Adjd for N/M Reply 4457/19, N/M Reply 3834/19 and N/M 3522/19 for Hearing to 18.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: None for plaintiff.
Adv Mr.Lalit Bindal for defendant present.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization.  No urgency.
Matter adjd to 15/4/2020  for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: National lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-07-2020

Date: 18-07-2020
Business: N/M for hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2020

Date: 24-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2020

Date: 04-08-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2020

Date: 07-10-2020
Business: Court is relieve for MJA Special online training. Hence, Matter adjd to 28.10.2020  for hearing on notice of motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to  06/11/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to    24/11/ 2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to   17/12/ 2020 for  N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: Adv.Lakshmi Raman for plaintiff present.
None for defendant.
Matter adjd to  20.01.2021 for  NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Coram H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Adv. Chaitanyaa Bhandarkar for plaintiff present.
None present for defendant.
Matter adjd to 30-01-2021 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-01-2021

Date: 30-01-2021
Business: Adv.Chaitnya Bhandarkar for plaintiff present.
Adv.Sandeep Parab for defendant No.3 present.
Adv.of defendant filed reply to NM No.3834/19 t.o.r. Copy supplied to other side.
Matter adjd to 08.02.2021 for Reply of SJ.
Next Purpose: REPLY
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: None present for plaintiff.
Adv.Ram Laxmipalli for defendant present.
KB
LO
Adv.Chaitanya Bhandarkar for plaintiff present.
Adv.Ram Laxmipalli for defendant present.
Both the advocates seeks time for argument. Put up on 15.02.2021.
Matter adjd to 15.02.2021 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Adv. Chaitanyaa Bhandarkar for plaintiff present.
Adv. Ram Laxmipalli for defendant present.
Heard argument both sides
Matter adjd to 18/02/2021 for Order. only for NM 3522/19 and 4457/19
Next Purpose: NM  ORDERS
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: Adv.Chaitnya Bhandarkar for plaintiff present.
None present for defendant.
Matter adjd to 24.02.2021 for Order on NM 3522/19 and 4457/19.
Next Purpose: NM  ORDERS
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 25.02.2021 for Order on NM 3522/19 and 4457/19.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Adv. Chaitanya Bhandarkar for plaintiff present.
F.R.S.R. following order is passed on N.M. No.3522/2019.
ORDER
The Notice of Motion No. 3522/2019 is rejected.

F.R.S.R. following order is passed on N.M. No.4457/2019.
ORDER
1. The Notice of Motion No. 4457/2019 is allowed.
2. The delay to file the written statement is condoned.
3. The defendants are permitted to file the written statement subject to cost of Rs. 1,000/- to be paid to the plaintiff.
4. The Notice of Motion stands disposed of.
Matter adjd to 16/03/2021 for w/s
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: None present for plaintiff.
Adv.Sandip Parab for defendant No.3 present.
KB
LO
Adv.Chaitanya Bhandarkar for plaintiff present.
Adv.Sandip Parab for defendant No.3 present.
Cost paid to plaintiff by defendant.
Matter adjd to 19.03.2021 for notice of motion for summary judgment.
Next Purpose: O.XIII-A Summary Judgment
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Adv.Chaitanya Bhandarkar for plaintiff present.
None present for defendant.
Heard Adv.Chaitanya Bhandarkar on NM No.3834/2019 for plaintiff.
Matter adjd to 23.03.2021 for argument of defendant and order.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 25.03.2021 for argument of deft. as last chance.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 30.03.2021 for argument/order.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: None present for plaintiff.
Adv.Nilu J. Mishra h/f.Adv.Ram Laxmi Pali for defendant present and informs Adv.Ram Laxmi Pali is having fever, she therefore seeks adjournment.
Matter adjd to 06.04.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 26.04.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases,  Adjd to 30.04.2021 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 08.06.2021 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 21.06.21 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 06.08.2021 for NM hearing.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: PO is on Leave.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.36 pm
Adv.Abhijeet Singh h/f.Adv.Narendra Sankpal for defendant Nos.1 to 3 present.
     The plaintiff is absent for hearing of NM 3834/2019. No argument of the plaintiff.
      The defendant to make submission regarding compliance as to payment of costs as order in NM No.4457/2019 dated 25.02.2021.
       Defendant wants to take instructions regarding payment of costs, hence, keep back.
LO at 01.28 pm
        The defendants submit that costs in order dated 25.02.2021 in NM 4457/2019 has been already paid. Endorsement dated 16.03.2021 to that effect is seen below the roznama dated 25.02.2021.
Written statement is taken on record and marked as Exh.5.
Matter adjd for argument of NM No.3834/2019 and admission and denial on 17.09.2021.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: None present for plaintiff.
Adv.Abhijeet Singh h/f.Adv.Narendra Sankpal for defendant present.
KB
LO 12.39 pm
Adv.Chaitanya Bhandarkar for plaintiff present.
Adv.Abhijeet Singh h/f.Adv.Narendra Sankpal for defendant present.
The plaintiff wants to file NM for setting aside no argument order of SJ. Hence, adjourned for filing NM.
Matter adjd to 06.10.2021 for filing NM and admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: None present for plaintiff.
None present for defendant.
K.B
L.O. at 12.23 pm
Adv.Chaitanya Bhandarkar for plaintiff present.
None present for defendant.
K.B. as the plaintiff wants to file NM.
LO at. 3.00 pm.
Adv. Ram B. Laxmipati for defendant Nos.1 and 2 present.
K.B. as the plaintiff wants to file NM.
L.O. at 4.15 p.m.
Same appearance.
The plaintiff tendered draft Notice of Motion alongwith affidavit to recall the order dated 30.08.2021. O-Leave granted to register the notice of motion.
Copy of draft notice of motion and affidavit is furnished to the defendants.
      The Ld.Adv. for the defendants submits that the defendants are filed counter claim along with the written statement. Read the roznama dtd.08.11.2019 and 27.02.2020. Copy of counter claim has been received by the plaintiff. Record shows that the counter claim is not yet verified and registered. Hence, Board Department to verify and register the counter claim. The defendant to make necessary compliance in that regard.
Heard Ld.Adv.for the plaintiff and the defendant on draft notice of motion, filed today.
F.R.S.R. the following order is passed on Draft Notice of Motion.
ORDER
1. This notice of motion is taken out by the plaintiff for setting aside the order dated 30.08.2021 by which notice of Motion No.3834/2019 proceeded without argument of the plaintiff.
2. The defendant has filed reply to this notice of motion.
3. Read the notice of motion and reply filed. Perused record.
4. On 30.08.2021 as the plaintiff remained absent for hearing of NM No.3834/2019 this Court has passed order of no argument against the  plaintiff. The said notice of motion is taken out by the plaintiff for summary judgment under Order XIII-A of the CPC. Considering the reasons stated in the affidavit in support of notice of motion and as the plaintiff is ready to proceed with the argument of the same, opportunity is granted to the plaintiff. In the result, I pass the following order.
                                         ORDER
1. The draft notice of motion is allowed.
2. No argument order dated 30.08.2021 passed against the plaintiff, in respect of NM No.3834/2019 is set aside.
3. Draft notice of motion is disposed off accordingly, it be registered for statistical purpose.
4. Costs in cause.
Matter adjd to 11.10.2021 for hearing on NM No.3834/2019 and compliance by the defendant in respect of counter claim.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Adv.Chaitanya Bhandarkar for plaintiff present.
Adv.Ram Laxmipalli for defendant Nos.1 to 3 present.
KB
LO at 01.25 pm
Adv.Chaitanya Bhandarkar for plaintiff present.
Adv.Ram Laxmipalli for defendant Nos.1 to 3 present.
Heard Adv.Chaitanya Bhandarkar for plaintiff on NM No.3834/19.
Due to recess matter is KB.
LO at 03.15 pm
Adv.Chaitanya Bhandarkar for plaintiff present.
Adv.Ram Laxmipalli for defendant Nos.1 to 3 present.
Heard Adv.Adv.Ram Laxmipalli for deft.1 to 3  on NM No.3834/19.
Matter adjd to 22.10.2021 for order on NM.
Next Purpose: NM  ORDERS
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: None present for plaintiff.
Adv.A.V.Mishra h/f.Adv.Ram Laxmipallai for defendant Nos.1 to 3 present. At the time of consideration of notice of motion for order, it is noticed that this application for summary judgment is filed in the form of notice of motion. There is separate caption for application for summary judgment, hence, this notice of motion is required to be registered as application for summary judgment. The Registrar (Civil) is directed to register notice of motion No.3834/19 as application for summary judgment and forward the same to this Court for further proceeding.
Matter adjd to 26.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 3.35 p.m.
None present.
F.R.S.R. the following order is passed on summary judgment No.16/2021.
ORDER
1. Application for summary judgment is dismissed.
2. Case to proceed for case management hearing under Order XV-A.
3. Costs of this application shall be in cause.
Matter is adjd to 22.11.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Adv.Chaitanya Bhandarkar for plaintiff present.
None present for defendant.
Read the roznama dated 06.10.2021. The defendants were directed to comply with respect to the counter claim. It appears that the defendants have not complied with the same. Hence, the counter claim is kept for order.
The parties are directed to file all the documents which they have relied in support of their pleadings. If any new additional document they want to produce it shall be with leave of the Court.
The parties are directed to file list of witnesses.
In view of roznama dated 26.10.2021, NM No.3834/2019 was converted into SJ No.16/2021, hence, NM No.3834/2019 shown as pending in CIS shall be disposed off accordingly.
Nature Of Disposal: convert in other case type
Disposal Date: 22-11-2021

Main Case No: Commercial Suit/0100060/2019
Main Cnr: MHCC010071862019
Main Filing No: 105836

Registration Number: 103834/2019
Transfer Date: 13-03-2020
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 32 -

Filing Number: 111225/2019
Filing Date: 15-10-2019
First Hearing Date: 16th October 2019
Decision Date: 22nd November 2021
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE