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NOTICE OF MOTION

Gulf Orient Shipping LLP - Suit St. No.11080 of 2019VsHinduja Leyand Finance Ltd

CNR MHCC0101126920191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 30th March 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104108/2019
Registration Date
06 Nov 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 15-11-2019
Business: Adv. Piyush Pandey for plaintiff present.
Adv. Rupali Vasaikar for defendant present.
Plaintiff tendered registered NM no. 4200/19.
Defendant tendered registered NM no. 4108/19.
Earlier undertaking to continue till next date.
Adjourned for reply of plaintiff to the NM tendered by the defendant and hearing on NM tendered by the plaintiff to 26.11.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: Adv.Mr.Piyush Pandey for plff. Present.
Adv.Vasaikar for deft present.
Adv. for plff.  files reply to n/m. filed by defendant.
Adjd. for hearing to 22.1.2020.
Next Purpose: HEARING
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Adv. Piyush Pande for plaintiff present.
Mr. Asif Ansari, authorized representative of deft. present.
Earlier undertaking to continue till next date.
The matter is adjd for hearing to 03.04.2020.
L.O.
Adv. Rupali Vasaikar h/f. Adv. Vishal Tambat for deft. present.
The matter is already adjd for hearing to 03.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: As per office order no.7742020 dated 15.4.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
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: 15-06-2020

Date: 15-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Business: As the Court is on leave, hence adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-12-2020

Date: 05-12-2020
Business: None present.
The matter is adjd for N/M hearing to 14.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Adv. Abhijit Devkhile h/f. Adv. Piyush Pande for plaintiff present.
None for deft.
The matter is adjd for N/M hearing to 18.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: Adv. Amod Ealaspur h/f. Adv. Piyush Pande for plaintiff present.
Adv. Priya Dubey h/f. Adv. Vishal Tambat for deft. present.
Last chance is granted to plaintiff to remove office objection.
The matter is adjd for compliance to 21.06.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: As P.O is for conducting the training programme and assessing the performance of the Potential Trainer for 40 hrs Online Mediation Training Programme  for the Judicial Officers scheduled to be held from 21st to 25th June and 28th to 30th June,2021.
Matter adjd to 18/08/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: None present for plaintiff.
Adv. Vishal Tambat a/w Adv. Omkar Dalavi for deft is present.
Officer of defendant Asif Ansari is present.
Adv.for deft has submitted that he has talk on telephone with Adv.for the plff and submitted that there is death of close relative therefore Adv.for plff could not attend the Court.
Plaintiff to take steps for registration of suit.
Matter adjd for directions on 31.08.2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: Representative of Plaintiff Pravin Mokal is present.
Adv. Omkar Dalavi for deft is present.
Officer of Defendant Asif Ansari is present.
The representative of plff has submitted the pursis on record and sought for an adjournment. On his request matter is adjourned.
Matter adjd for directions on 24.09.2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Adv. Piyush Pande for plaintiff is present.
Adv. Vishal Tambat along with Adv. Omkar Dalavi for defendant is present.
Heard partly. The Ld. Adv.for the defendant has submitted that the defendant will be producing original arbitration agreement on next date.
Matter adjd for further NM hearing on 12.11.2021 at 11 o\''clock.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Adv. Piyush Pandey for plaintiff is present.
Adv. Disha Karambar for defendant is present.
On behalf of defendant Hinduja Leyland Finance Ltd. Mr. Avinash Gawade is present and he has submitted that he has brought original Arbitration agreement and will be filed on record its certified true copy.
Matter adjd for NM hearing on 17.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: In view of Office Order No. 275/21,  P.O. is attending 40hrs Mediation Training Programme, as a participant at Aurangabad,
Matter is Adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: In view of Office Order No. 290/21,  P.O. is attending  40hrs Mediation Training Programme, as a Trainer at JOTI, Nagpur, Hence the matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: Adv. Piyush Pandey for pltff present.
Adv. Priya Rita for deft present.
Pltff tendered original Notice of Motion.  TOR.
As per Office Order No. ''07 of 2022'' and ''03 of 2022'' only urgent matter is to be taken up for hearing therefore matter is adjd to 18/02/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: Adv. Piyush Pandey for pltff present.
Adv. Vishal Tambat and Adv. Omkar Dalvi for deft present.
Mr. Pravin Mokal representative of pltff present.
Mr. Aasif Ansari Legal Manager of Defendant finance company present.
Order below NM No 217/22-
Today the matter is for hearing on NM.  The pltff has not pressed the NM.  Therefore NM No. 217/22 stands disposed of as withdrawn.
Order below NM No 4200/19-
Today the matter is for hearing on NM.  The pltff has not pressed the NM.  Therefore NM No. 4200/19 stands disposed of as withdrawn.
Adv for the pltff has filed draft NM.  Leave is granted to register the same.
Matter is adjd to 22/02/2022  for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Adv. Piyush Pandey for pltff present.
Adv. Vishal Tambat and Adv. Omkar Dalvi for deft present.
Mr. Aasif Ansari Legal Manager of Defendant finance company present.
He has made a statement at bar that 41 vehicles involved in all these connected suits are already seized and are in custody of defendant company.
He has further made a statement at bar that he is submitting a list showing 6 vehicles with RTO registration number which are not seized but mistakenly presell notices are issued.  The list is TOR and for administrative purpose it is marked as Exh. A.
Deft is directed to provide the copy of Exh. A to the pltff.
Matter is adjd to 24/02/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv. Piyush Pandey for pltff present.
Adv. Vishal Tambat and Adv. Omkar Dalvi for deft present.
With consent of both the parties, Matter is adjd to 01/03/2022 in first session for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: Adv. Piyush Pandey for the pltff present.
Mr. Aasif Sayyed Ansari Legal Manager of Defendant finance company present and he has submitted and made a statement at bar that till next date i.e. till 08/03/2022 the company is not going to take steps for sell of seized 41 vehicles which are in possession of the company.  Said statement is recorded as an undertaking before the Court.
Adv. Omkar Dalvi a/w Adv. Tambat for the deft present.
On oral request of the adv for deft, Matter is adjd to 07/03/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: Adv. Piyush Pandey for pltff present.
Adv. Omkar Dalvi a/w Adv. Tambat for deft present.
Mr. Aasif Sayyed Ansari Legal Manager of Defendant finance company present.
Adv for pltff has filed reply to NM u/s 8 of the Arbitration Act.  TOR.  Copy served.
Adv for pltff tendered original registered injunction motion.  TOR.  Copy served to O.S.
Adv for deft sought time to file rejoinder to NM u/s 8 of the Arbitration Act.
Adv for deft has filed additional affidavit in support of NM u/s 8 of the Arbitration Act.  TOR.  Copy served.
Earlier statement of Mr. Aasif Ansari the Legal Manager of deft is continued till next date.
Matter is adjd to 23/03/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: Adv. Piyush Pandey for pltff present.
Adv. Disha Karambar a/w Adv. Omkar Dalvi a/w Adv. Vishal Tambat for deft present.
Mr. Aasif Sayyed Ansari Legal Manager of Defendant finance company present.
Heard arguments of adv for deft.
Partly heard arguments of ld adv for pltff. KB for further argument
LO at 2.45 p.m.
Heard further arguments of both the sides on NM u/s 8 of Arbitration and Conciliation Act.
Earlier order if any to be continued till next date.
Matter is adjd to 30/03/2022 for NM Order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Adv. Piyush Pandey for pltff present.
Adv. Omkar Dalvi for deft present.
Mr. Aasif Sayyed Ansari Legal Manager of Defendant finance company present.
F.R.S.R the following order is passed below NM No. 4108/19-
Notice of motion is allowed and made absolute in terms of prayer clause (a) and (b).
Order below NM No. 826/22-
In view of order passed in NM under section 8 of Arbitration and Conciliation Act, this NM does not survives.  Hence this NM stands disposed of.
Order below Exh. 1-
In view of order in NM under section 8 of Arbitration and Conciliation Act, as dispute is referred for arbitration, the suit stands disposed of.  It be removed from the board.
On oral request of adv for pltff as he intends to challenge the order, effect of the order passed in NM under section 8 of the Arbitration and Conciliation Act, 1996 is stayed for period of two weeks from today.  Accordingly the earlier statement made by Mr. Aasif Sayyed Ansari Legal Manager of Defendant finance company will be continued for two weeks from today.
Nature Of Disposal: ALLOWED
Disposal Date: 30-03-2022

Additional Case Details

Additional Case Details
Filing Number: 111983/2019
Filing Date: 06-11-2019
First Hearing Date: 15th November 2019
Decision Date: 30th March 2022
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
30 Mar 2022

Order Details: Notice of Motion Pdf Text: 1 Ord. in NM no.410819 in Suit no.1630 of 21 MHCC010112692019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER IN NOTICE OF MOTION NO.4108 OF 2019 CNR NO.MHCC010112692019 IN SUIT NO.1630 OF 2021 Gulf Orient Shipping LLP ...Plaintiff V/s Hinduja Leyland Finance Ltd. ....Defendant. CORAM : HIS HONOUR JUDGE SHRI KISHORE M. JAISWAL (COURT ROOM NO.01) DATE : 30th DAY OF MARCH, 2022 Adv. Omkar Dalvi with Adv. Vishal Tambat for the…

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