Ms Galaxy Traders And Anr - Suit St. No. 10925 of 2019VsSaidale Co operative And Ors

Date: 24-10-2019
Business: Adv. Rajshekhar Kanari for plaintiff present.
Original NM no. 3849/19 alongwith supporting affidavit tendered by the plaintiff.
Memo of appearance filed by Adv. Preet Chheda on behalf of defendants.
Plaintiff tendered additional list of documents.
Adjourned for reply to NM to 10.12.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: Adv. Mr. Kanvi for plaintiff present.
Adv. Mr. Chheda for deft. no.1 present.
Ld. counsel for the deft. no.1 seeks time to file reply to N/M which is objected by Ld. counsel for the plaintiff.
Plaintiff to take steps for registration of the suit.
The matter is adjd for filing reply as a last chance to 03.01.2020.
Next Purpose: REPLY
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: None for plaintiff.
Adv. Prit Chheda for deft. no.1 present.
Vakalatnama filed by Adv. for deft. no.1.
O. - Seen and filed.
Reply filed by deft. no.1 to N/M no.3849/19.  T.O.R.
Deft. no.1 tendered draft N/M along with affidavit.  Leave is granted to register it.  Deft. no.1 to supply the copy to the advocate of the plaintiff.  Plaintiff has not taken steps to register the suit.  Last chance is granted to plaintiff to register the suit.
The matter is adjd for reply and hearing on N/M and compliance to 28.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2020

Date: 28-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2020

Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Business: As per Office order Nos.74/2020 and 77/2020, due to Lock-down, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Business: Due to COVID 19, the matter is adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Already adjd to 10.02.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: None for plaintiff.
Adv. Prit Chheda for deft. no.1 present.
Last chance is granted to plaintiff to file reply to N/M No.395/20.
The matter is adjd for reply to N/M No.395/20 to 08.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Adv. Rajashekar Kanavi for plaintiff present.
Adv. Preet Chheda for deft. no.1 present.
Ld. counsel for plaintiff filed reply to N/M No.395/20. T.O.R.
Copy is supplied to counsel for deft. no.1.
The matter is adjd for hearing on N/M No.395/20 to 19.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned to 27.07.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 01.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None for plaintiff.
Adv. Preet Chheda for deft. no.1 present.
The matter is adjd for N/M hearing to 15.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Adv. Shraddha Talkar for plaintiff present.
None for deft.
The matter is adjd for N/M hearing to 26.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: Adv. Shraddha Talkar for plaintiff present.
None for deft.
On oral request of Adv. For plaintiff, the matter is adjd for hearing on N/M to 11.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: Adv. Pooja Patil for plaintiff present.
The matter is adjd for NM hearing to 14.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: None for plaintiff.
Adv. Preet Chheda for deft. no.1 present.  He sought time for hearing on N/M.  Time as prayed for is granted.
The matter is adjd for hearing on N/M to 03.03.2022.
L.O. at 03.15 pm.
Intern Puja Patil of Adv. of plaintiff present.  She submits that senior advocate is not feeling well. She sought adjournment.  The matter is already adjd for hearing on N/M to 03.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: Adv. Rajashekar Kanavi for plaintiff present.
Ld. counsel for plaintiff submits that plaintiff wants to make amendment in the plaint and he sought time for taking the steps for amending the plaint.
N/M No.395/20 and N/M No.3849/19 are pending since long.  Plaintiff has not taken steps for service of writ of summons against deft. nos.2 and 3.  Plaintiff is directed to take steps for service of writ of summons against deft. nos.2 and 3.
On oral request of plaintiff\''s advocate, the matter is adjd for hearing on N/M No.395/20 and N/M No.3849/19 to 16.03.2022 at 02.45 pm.
L.O. at 03.40 pm.
Adv. Preet Chheda for deft. no.1 present.
The matter is already adjd for hearing on N/M no. 395/20 and N/M No.3849/19 to 16.03.2022 at 02.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Adv. Shraddha Talkar for plaintiff present.
She submits that due to medical emergency, her senior would not be able to appear before the Court for hearing.  She prayed for adjournment.  Considering the reason mentioned by the plaintiff\''s advocate, adjournment is granted for today.
The matter is adjd for N/M hearing to 04.04.2022.
L.O. at 03.30 pm.
Adv. Pariket Shah for deft. no.1 present.
The matter is already adjd for N/M hearing to 04.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Adv. Shraddha Talkar for plaintiff present.
Adv. Preet Chheda for deft. no.1 present.
    Adv. For plaintiff sought adjournment on hearing of N/M on the ground that plaintiff wants to file application for amendment. Two notice of motions are pending since long for hearing. Plaintiff has not taken steps for service of writ of summons against deft. nos.2 and 3.            Order-sheet shows that plaintiff is not diligent in prosecuting the suit.  Therefore, adjournment is granted for today, as a last chance, subject to payment of costs of Rs.2,000/- payable to deft. no.1.
The matter is adjd for N/M hearing to 02.05.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2022

Date: 02-05-2022
Business: Adv. Shraddha Talkar for plaintiff present.
Adv. Preet Chheda for deft. no.1 present.
Adv. For plaintiff submits that she will pay costs to Adv. For deft. no.1 today.
Adv. For plaintiff sought extension of time for service of writ of summons to deft. nos.2 and 3.
O. - Extension of time for service of writ of summons to deft. nos.2 and 3 is granted.
Adv. For deft. no.1 tendered draft N/M.  Leave to register N/M is granted.
Copy of draft N/M is served to Adv. For plaintiff.
The matter is adjd for filing service affidavit and reply to N/M to 06.05.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2022

Date: 06-05-2022
Business: Adv. Shraddha Talkar for plaintiff present.
None for deft.
Adv. For plaintiff sought extension of time for service of writ of summons to deft. nos.2 and 3.
O. -  Extension of time for service of writ of summons to deft. nos.2 and 3 is granted.
Adv. For plaintiff also sought time for filing reply to N/M. Time for filing reply to N/M is granted.
The matter is adjd for filing service affidavit and reply to N/M to 14.06.2022.
L.O. at 03.15 pm.
Adv. Preet Chheda for deft. no.1 present.  He tendered registered N/M No.1698/22.  T.O.R.
Adv. For deft. no.1 submits that he has received costs of Rs.2,000/- as per order dated 04.04.2022.
The matter is already adjd for filing service affidavit and reply to N/M to 14.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: Adv. Shraddha Talkar for plaintiffs present.
Adv. Preet Chheda for deft. no.1 present.
    Adv. For plaintiffs sought extension of time for service of writ of summons to deft. nos.2 and 3.  Adv. For plaintiffs also sought time for filing reply to N/M No.1698/22 and hearing of N/M Nos.395/20 and 3849/19.
   Adv. For deft. no.1 strongly objected for grant of adjournment.
    Order-sheet shows that plaintiffs are not diligent in prosecuting the suit.  On 04.04.2022, adjournment was granted to plaintiffs subject to payment of costs of Rs.2,000/- payable to deft. no.1.  Suit is filed in the year 2019.  But, till today, plaintiffs failed to secure presence of deft. nos.2 and 3.  Hearing of the suit is delayed due to adjournments taken by the plaintiffs. Considering conduct of the plaintiffs and long standing pendency of the case, adjournment as prayed by plaintiffs is granted subject to costs of Rs.5,000/- (Rupees Five Thousand Only) payable to deft. no.1.  Extension of time for service of writ of summons to deft. nos.2 and 3 is granted.
The matter is adjd for reply to N/M No.1698/22, hearing on N/M Nos.395/20 and 3849/19 and for filing service affidavit regarding service of writ of summons to deft. nos.2 and 3 to 28.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: None for plaintiff.
Adv. Preet Chheda for deft. no.1 present.
Inspite of sufficient opportunities and time, plaintiff failed to file reply to N/M No.1698/22.  Therefore, N/M No.1698/22 to proceed without reply of plaintiff.
The matter is adjd for hearing on N/M Nos.1698/22, 395/20 and 3849/19 to 04.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv. Prasad Jangam h/f. Adv. Rajashekar Kanavi for plaintiffs present.
Adv. Preet Chheda for deft. no.1 present.
Advocate appearing for plaintiffs prayed for an adjournment. On 14.06.2022, this Court has adjourned the matter subject to payment of costs of Rs.5,000/- payable to deft. no.1.  However, record shows that plaintiffs have not complied said order. Matter was adjourned to 28.06.2022. On 28.06.2022, this Court has passed an order to proceed N/M No.1698/22 without reply of plaintiffs.  Today, N/M No.1698/22, 395/20 and 3849/19  are pending for hearing.
Ld. counsel for plaintiffs submits that senior advocate is out of station and therefore, he could not appear before the Court for hearing.  Ld. Counsel Preet Chheda appearing for deft. no.1 strongly opposed for granting an adjournment.  Record shows that plaintiffs are not diligent in prosecuting the suit.  They have not taken steps for securing presence of deft. nos.2 and 3.  However, in the interest of justice, adjournment is granted for today as a last chance subject to payment of costs of Rs.3,000/- (Rupees Three Thousand only) payable to deft. no.1.
The matter is adjd for hearing on N/M Nos.3849/19, 395/20 and 1698/22 to 15.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: Adv. Seema Chaubey for plaintiff present.
Adv. Prit Chheda for deft. No.1 present.
Advocate appearing on behalf of plaintiff submit that Sr. advocate Rajeshekhar Kanavi met with an accident today therefore, he could not remain present before the court for hearing.  For the reason stated by the advocate for plff. Adjournment is granted today.
The matter is adjd for hearing on NM Nos. 3849/19, 395/20 and 1698/22 to 21-07-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: None for plaintiff.
Adv. Preet Chheda for deft. no.1 present.
Heard arguments of Adv. For deft. no.1 on N/M No.1698/22.
ORDER BELOW N/M NO.1698/22
     This N/M is taken out by deft. no.1 praying to condone delay in filing written statement.
   Inspite of sufficient opportunities and time, plaintiff failed to file reply to present N/M.
     Order-sheet shows that before registration of suit, deft. no.1 appeared and resisted N/M.  On 28.01.2020, suit was registered as a short cause suit.  Thereafter, matter was adjourned for filing written statement to 16.03.2020. On 16.03.2020, deft. no.1 sought time to file written statement.  Therefore, matter was adjourned for filing written statement to 13.04.2020.  In July 2021, suit was registered as a commercial suit.  Suit is transferred as per Section 15 of the Commercial Courts Act to the Commercial Court.  As per proviso to section 15(4) of the Commercial Courts Act, proviso to Sub-rule (1) of Rule 1 of Order 5 of C.P.C. shall not apply to the transferred suits and Court may prescribe a new time period within which the written statement shall be filed.  Here, after transfer of the suit to Commercial Court, Court has not prescribed any time limit for filing written statement.  Deft. no.1 submits that it has not received the suit summons and limitation for filing written statement would commence from service of suit summons.  Deft. no.1 further relied upon the case of  Suo Motu Writ Petition (C) No.3 of 2020 dated 10.01.2022 wherein Hon\''ble Supreme Court pleased to hold,
\''In cases where the limitation would have expired during the period between 15.03.2020 till 28.02.2022, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from 01.03.2022.  In the event the actual balance period of limitation remaining, with effect from 01.03.2022 is greater than 90 days, that longer period shall apply.\''
   Limitation to file written statement expired during the period from 15.03.2020 to 28.02.2022.  Therefore, deft. no.1 was entitled to file written statement within 90 days from 01.03.2022.  Deft. no.1 filed present N/M on 02.05.2022.  Thus, filing of written statement by deft. no.1 would be within limitation as per order of Hon\''ble Supreme Court.  Hence, following order.
ORDER
1.   Written statement of defendant No.1 be taken on record.
2.     No order as to costs.
3.     N/M No.1698/22 is disposed of accordingly.
The matter is adjd for filing written statement by deft. no.1 and for hearing on N/M nos.395/20 and 3849/19 to 29.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2022

Date: 29-07-2022
Business: None for plaintiff.
Adv. Preet Chheda for deft. no.1 present.
Representative of deft. no.1 present.
Exh.5 - Adv. For deft. no.1 tendered written statement of deft. no.1.  T.O.R.
O. - Read and recorded.
Order-sheet shows that plaintiff has not paid costs as per order dated 14.06.2022 and 04.07.2022.  Order-sheet further shows that plaintiff is not diligent in prosecuting the suit.  No steps are taken against deft. nos.2 and 3 since long.  It appears that plaintiff is not interested in prosecuting the suit.  Therefore, suit be kept for dismissal order.
The matter is adjd for dismissal order to 10.08.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Parth Zaveri for plaintiff present.
K.B. L.O. at 02.50 pm.
Adv. Parth Zaveri for plaintiff present.
Adv. Prit Chheda for deft. no.1 present.
Exh.6 - Vakalatnama of Judicare Law Associates is filed on behalf of plaintiff by Adv. Zaveri.  T.O.R.
Ld. counsel appearing for plaintiff submits that plaintiff is ready to pay the costs as per order passed by this Court.  He further submits that plaintiff will take necessary steps.
The matter is adjd for dismissal order to 25.08.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Parth Zaveri for plaintiff present.
Adv. Preet Chheda for deft. no.1 present.
Representative of deft. no.1 present.
Adv. For plaintiff handed over cheque of Rs.8,000/- to Adv. For deft. no.1 towards costs as per order dated 14.06.2022 and 04.07.2022.
The matter is adjd for hearing on N/M to 13.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Adv. Parth Zaveri for plaintiff present.
Adv. Preet Chheda for deft. no.1 present.
Adv. For plaintiff sought time for hearing on N/M on the ground that he has applied for certified copies of the record and proceeding of this case and he is yet to get certified copies from the department.  For the reasons stated by Ld. Counsel for plaintiff, adjournment as prayed for is granted for today.
The matter is adjd for hearing on N/M to 23.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: The Court is Vacant.
Hence, Matter is Adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2022

Date: 14-12-2022
Business: The Court is Vacant.
Hence, The matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: The Court is Vacant. Hence, The Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2023

Date: 01-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: Court is vacant, Hence the matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: M/s. Galaxy Traders Vs Saidale CHS Case is received under transfer from Court Room No.14 All called, but absent Parties to take steps. Else, put for necessary order. Adjourned to 07.11.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: M/s. Galaxy Traders Vs Saidale CHS
All called, but absent.
Parties to argue the matter on next date.
Case adjourned to 19.12.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: M/s. Galaxy Traders Vs Saidale CHS
All called, but absent.
Parties to take steps regarding pending Notice of Motion
Case adjourned to 26.02.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: None present.
Looking to the nature of litigation, there is chance of settlement in between the parties, hence the matter be kept in lok-adalat.  O- Issue notices to parties.
Matter stands Adj for Lok-adalat on 03/03/2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 03-03-2024

Date: 03-03-2024
Business: NATIONAL LOK-ADALAT HELD ON 03/03/2024 (Panel-XIII)
Matter pertaining to C.R. No. 14
Both parties and their advocates are absent.
Matter Adjd to 19/04/2024.
Prof. Ms. Vanita Agarwal                            H.H.J. S.P. Pingle
       Panel Member                                          Panel Head
Next Purpose: Lok-Nyayalay
Next Hearing Date: 19-04-2024

Date: 19-04-2024
Business: None present for plaintiff and defendant.
Hence matter be kept for dismissal order.
Matter stands Adj for Dismissal Order on 15/06/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: None present for plaintiff.
Rocord shows that since 13/09/2022 none present for the plaintiff.  Today the matter is under the caption of dismissal.  Inspite of giving opportunity to the plaintiff, the plaintiff failed to take steps.  Today also none present for plaintiff when called.  Hence the suit stands dismissed for default.  As the suit stands dismissed the pending NM 3849/2019 and 395/2020 stands disposed of.
Nature Of Disposal: OTHER
Disposal Date: 15-06-2024

Registration Number: 103849/2019
Transfer Date: 24-09-2021
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Registration Number: 103849/2019
Transfer Date: 19-07-2023
From Court: 14 - COURT 14  ADDL SESSIONS JUDGE
To Court: 31 - COURT 31  ADDL SESSIONS JUDGE

Registration Number: 103849/2019
Transfer Date: 01-01-2024
From Court: 31 - COURT 31  ADDL SESSIONS JUDGE
To Court: 14 - COURT 14  ADDL SESSIONS JUDGE

Filing Number: 111300/2019
Filing Date: 16-10-2019
First Hearing Date: 24th October 2019
Decision Date: 15th June 2024
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE