Date: 11-11-2019
Date: 09-12-2019
Date: 16-01-2020
Business: None present for plaintiff.
Adv. Heena Jewani for defendant present and seeks time to file VP and reply to NM. She submitted that she has been served with writ of summons on 15.01.2020 and prayed for time. Two weeks time granted for filing VP and reply to NM and WS.
Matter stands Adj for filing VP and reply to NM and WS on 30.01.2020.
Next Purpose: REPLY
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Called out at 11.11 am
Adv. Rajput for plaintiff present.
Adv. Soni for defendant present and filed VP and seeks two weeks time to file WS. He submitted that writ of summons was served on 15.01.2020. Time granted till 07.02.2020.
Vakalatnama filed on behalf of defendant.
Ld. counsel for defendant submitted that he will file his reply to NM no. 4456/19 on next date. Heard Ld. counsel for both sides.
It is submitted by Ld. counsel for defendant that the compliance of the order passed by this court has been substantially made by the defendant and original documents has been returned to plaintiff. The no objection certificate is also given by the defendant Bank. Therefore, nothing remains in the NM. It can be disposed of. The amount deposited by the plaintiff shall remain with the court till the decision of the suit.
Ld. counsel for plaintiff submitted that since the releasing charges/lien over the documents is claimed by the defendant Bank, motion will have to be decided on merits.
Matter stands Adj for filing WS and reply to NM to 07.02.2020.
Next Purpose: REPLY
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Called out at 11.50 pm
Adv. Rajput for plaintiff present.
Adv. Sohani for defendant present and filed reply to NM no. 4456/19 and WS. Copy served on other side.
Written Statement filed on behalf of defendant.
Matter stands Adj for settlement to 25.02.2020.
Next Purpose: SETTLEMENT
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Called out at 11.05 am
Adv. Rajput for plaintiff present.
Adv. Jevani for defendant present.
By consent, Matter stands Adj for settlement to 19.03.2020.
Next Purpose: SETTLEMENT
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Adv Ankit Rajput for plaintiff 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 08/04/2020 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SETTLEMENT
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SETTLEMENT
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SETTLEMENT
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SETTLEMENT
Next Hearing Date: 13-07-2020
Date: 13-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Business: settlement
Next Purpose: SETTLEMENT
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: court time is over
Next Purpose: SETTLEMENT
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Date: 02-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SETTLEMENT
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: As the Court is on leave Board is discharged and the matter stands adjd. to 26/10/20
Next Purpose: SETTLEMENT
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: 26.10.2020
03
Coram : H. H. J.SHRI. M.A.BHOSALE Judge, (C.R.NO. 32)
Commercial Suit No.184/2019 @ N.M.NO. 4456/2019
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 4/11/2020 for settlement.
Judge
Next Purpose: SETTLEMENT
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.09.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 25/11/2020 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 25-11-2020
Date: 25-11-2020
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 15.12.2020 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Date: 20-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Plaintiff absent.
Defendant absent.
Adv.Ankit Rajput for plaintiff present.
Adv.for defendant absent.
Ld. Adv. submits settlement talks with defendant are progress. He sits adjournments.
Granted as Last Chance.
Matter adjd to 20.02.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-02-2021
Date: 20-02-2021
Business: court is on Leave
Next Purpose: COMPLIANCE
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv.Ankit Rajput for plaintiff present.
Adv. Rupesh Sohani for defendant present.
Statement of truth, Exh.4 filed by Adv. of plaintiff t.o.r.
O-Filed.
Matter adjd to 15.03.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: None present for plaintiff.
Adv.Rajesh Khandelwal i/b.Adv.Rupesh Sohoni for defendant present.
Defendant bank officer present.
KB
LO
Adv.Ankit Rajput for plaintiff present.
Ld.Adv.seeks time. Time granted to file say on admission and denial.
Matter adjd to 25.03.2021 for say on admission and denial.
LO
Adv.Rajesh Khandelwal i/b.Adv.Rupesh Sohoni for defendant present.
Statement of truth, Exh.5 filed by Adv. of defendant t.o.r. O-filed.
Matter adjd to 25.03.2021 for say on admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Date: 12-04-2021
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 admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Adv.Mr.Ankit Rajput i/b.Adv.Maonj Bhatt for plaintiff present.
None present for defendant.
The plaintiff submits that vide order dated 11.11.2019 passed in roznama notice of motion No.4456/2019 required to be disposed of. He also submitted that, amount has been deposited. The defendant is absent to make any submissions, plaintiff has already filed admissions and denials, statement of truth. Defendant has not filed the admissions and denials.
Matter adjd to 28.06.2021 for admissions and denials of defendants and precipe to disposed of notice of motion No.4456/19.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Date: 15-07-2021
Date: 29-07-2021
Date: 06-08-2021
Business: PO is on Leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: Adv.Archana Mahadik h/f.Adv.Manoj Bhatt for plaintiff present.
None present for defendant.
KB
LO at 11.37 am
Adv.Ankit Rajput h/f. Adv.Manoj Bhatt for plaintiff present.
Adv.Rupesh Sohoni for defendant present.
The plaintiff tendered pursis, Exh.7 with regard to the compliance of order dated 11.11.2019 passed in Roznama.
Heard the Ld. Adv. for the plaintiff and the defendant. The plaintiff submits that in view of order dated 11.11.2019 and the compliance made in that regard nothing is remained to decide in NM 4456/2019. Hence, I passed the following order
ORDER
The Notice of Motion No.4456/2019 is taken out by the plaintiff for the interim relief to issue directions to the defendants to return all the title documents in respect of shop No.8 by releasing all charges and or lien upon the said documents/premises, to close the overdraft facility account of the plaintiff standing with the defendants and direct the defendants to grant no objection certificate so as to enable the plaintiff to open bank account with any other bank.
The defendant by reply opposed the grant of interim relief.
My Predecessor has passed order in roznama dated 11.11.2019 and directed the defendant to return the title documents of shop No.8 to the plaintiff alongwith no objection certificate, so as to enable the plaintiff to open bank account with any other bank subject to plaintiff depositing an amount of Rs.1,65,200/-.
In view of the same, today the plaintiff has filed pursis, Exh.7 informing that pursuant to the order the plaintiffs have deposited said amount Rs.1,65,200/- with the Court on 15.11.2019. The order as to return of title documents by the defendant has been complied. The plaintiffs also submitted to dispose off the notice of motion in view of said compliance.
By considering the reliefs claimed in the notice of motion, objections raised to the same by the reply, today\''s pursis, Exh.7 filed by the plaintiff and upon hearing the parties I am of the view that no further order is required to be passed in the said NM. Hence, I passed the following order.
ORDER
Notice of Motion No.4456/2019 is disposed off in terms of order dated 11.11.2019 and compliance to thereof as stated in pursis Exh.7.
Matter adjd for admission and denial by the defendant. There is possibility of settlement, hence, parties to consider whether there can be settlement and inform on the next date so that matter will be referred to lok-adalat.
Matter adjd to 20.09.2021 for admission and denial by the defendant.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: Adv.Ankit Rajput h/.f.Adv.Manoj Bhatt for plaintiff present.
Adv.Rupesh Sohoni for defendant present.
Parties submitted that settlement talks are going on.
Matter adjd to 11.10.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Date: 09-11-2021
Date: 30-11-2021
Business: Adv. Ankit Rajput i/b Manoj Bhatt alongwith Viren Doshi (parter of the plaintiff firm) present
Adv. Rupesh Sohani a/w Monali Kolnurkar (Associate vice president of the deft Bank) present.
Adv. Ankit Rajput for plaintiff filed application for withdrawal of the suit. t.o.r. and marked as Exh.9
Heard both sides. On perusal of Exh. 9, it appears that consent terms are signed by authorized representatives of the plaintiff and the defendant and they are identified by their respective advocates. Contents in Exh. 9 are admitted by both sides to be true and correct. Contents in Exh. 9 reveal that the parties have amicably settled the matter. Hence, I passed the following order -
Order
1. Commercial Suit No. 184/19 is decreed in terms of Exh. 9.
2.Court fees be refunded to the Plaintiff as per rules and Refund Certificate be issued accordingly.
3. Parties shall bear their own costs.
4. Exh. 9 shall form part and parcel of the decree.
5. Compromise decree be drawn accordingly.
6. Proceeding of the Suit is closed.
7. Registrar (Civil ) is directed to act on ordinary copy of this order and to process the refund of Court fees.
Nature Of Disposal: WITHDRAWL
Disposal Date: 30-11-2021