Date: 17-02-2020
Business: Called out at 11.30 am
None present for plaintiff and defendant.
Keep Back
Later on at 12.40 pm
None present for plaintiff and defendant, when called out for second time.
Matter stands Adj for orders to 07.03.2020.
Next Purpose: ORDER
Next Hearing Date: 07-03-2020
Date: 07-03-2020
Business: Called out at 11.05 am
Adv. Bhargavi Raval for plaintiff present and filed application for extension of time to serve writ of summons.
Application filed for extension of time to serve writ of summons. Time extended till next date.
Matter stands Adj for service of writ of summons to 26.03.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-07-2020
Date: 21-07-2020
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-08-2020
Date: 25-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-10-2020
Date: 05-10-2020
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.136 of 2020 dtd.30.9.2020 of this Court.
Matter adjd to 22/10/2020 for writ of summons
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-10-2020
Date: 22-10-2020
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 05.11.2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-11-2020
Date: 05-11-2020
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 27.11.2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-11-2020
Date: 27-11-2020
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 4/12/2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 6/1/2021 for writ of summons.
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 27.01.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Adv.Yojana Gandhi for plaintiff present.
None present for defendant.
ORDER BELOW EXH.2
1. Four weeks time extended to serve the writ of summons to the defendant.
2. Application below Exh.2 disposed of.
Matter adjd to 16.02.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv.Bhargavi Rawal for plaintiff present.
None present for defendant.
Application for issue of fresh writ of summons, Exh.5 filed by Adv.of plaintiff t.o.r. O-Time extended till 12.03.2021.
Matter adjd to 12.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv.Yojana Gandhi for plaintiff present.
None present for defendant.
Writ of service of summons, Exh.6 filed by Adv. of plaintiff t.o.r.
The defendant not served, plaintiff to take steps.
Ld.Adv. of plaintiff seeks time to take steps. Time granted.
Matter adjd to 03.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Adv.Yojana Gandhi for plaintiff present.
Adv.M.N.Shaikh present and filed vakalatnama, Exh.7 on behalf of defendant nos.1 to 3 t.o.r.
Matter adjd to 30.04.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
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 23.06.2021 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-06-2021
Date: 23-06-2021
Business: PO is on Leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 21/08/2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-09-2021
Date: 07-09-2021
Business: PO is on Leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 02.53 pm
None present.
Suit originally instituted as summary suit. Defendant has already appeared vide vakalatnama, Exh.7 on 03.04.2021. Hence, adjd. for steps by plff on 28.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-10-2021
Date: 28-10-2021
Business: None present for plaintiff.
Adv.Mohammad h/f Adv.Khan for defendant present.
The defendant filed adjournment application. t.o.r. O-Adjournment granted.
Matter is adjd to 29.11.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.14 pm,
Adv.Yojana Gandhi h/f.Adv.Rekha Shukla for plaintiff present.
The plaintiff submits that plaintiff wants to proceed with the suit not as summary suit, hence, submission noted. The defendants have appeared vide vakalatnama, Exh.7. Suit summons was served as ordinary suit. Defendants have not filed written statement. Suit to proceed without written statement.
Matter adjd to 24.01.2022 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: PO is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 17.02.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: None present for plaintiff.
None present for defendant.
No evidence adduce.
Matter adjd to 05.03.2022 for ex-parte evidence.
Judge
LO at 12.30 pm,
Adv.Moin Khan h/f.Adv.Maroof Khan for defendant present.
Matter adjd to 05.03.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-03-2022
Date: 05-03-2022
Business: None present for plaintiff.
None present for defendant.
Suit is ex-parte. Plaintiff is absent and failed to adduce evidence.
Matter adjd to 22.03.2022 for order against plaintiff.
Judge
LO at 12.00 noon,
Adv.Bhargavi Raval i/b.Adv.Rekha Shukla for plaintiff present.
Adv.Moinuddin Khan h/f.Adv.Maroof Khan for defendants present.
Matter adjd to 22.03.2022 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: P.O. is on Leave.
Next Purpose: ORDER
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: None present for plaintiff.
None present for defendant.
KB for order.
LO at 12.50 pm,
Adv.Bhargavi Rawal h/f.Adv.Rekha Shukla for plaintiff present.
Adv.Omkar Kakad h/f.Adv.Maroof Khan for defendant present. He submits that the defendant is taking steps for filing written statement.
KB
LO at 01.50 pm
None present for plaintiff.
Adv.Omkar Kakad h/f.Adv.Maroof Khan for defendant present.
Adv.of defendant filed draft notice of motion (condonation of delay) a/w. affidavit in support t.o.r. O-Leave granted to register draft notice of motion.
The defendant also filed written statement. Same is kept for order after consideration notice of motion.
The plaintiff undertake to serve copy of draft NM a/w. affidavit and copy of written statement to the plaintiff.
Matter adjd to 06.06.2022 for Reply of pltff. in notice of motion/hearing of NM.
Next Purpose: REPLY
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Business: None present for both parties.
K.B.
L.O. at 12.10 p.m.
Adv Yojna Gandhi present for plaintiff.
None present for deft.
Matter adjd to 28.06.2022 for steps.
Judge
L.O. at 1.10 p.m.
Adv Mr. Omkar Kakad h/f adv Khan for deft present.
Already adjd. to 28.06.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: None present.
KB.
LO 11.45 pm.
Adv. Bhargavi Raval Present for Plff.
Adv. Moinuddin Khan Present for Deft.
Adv of deft seeks time for filing registered NM and for the extension of time. - Granted. NM returnable on 25/07/2022.
Adj. For service affidavit of NM on 25/07/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: None for plaintiff.
Adv.Moiddin Khan h/f Maroof Khan For defendant present and tendered register nm no. 2458/22. Copy not served to other side. He undertakes to serve copy of NM on plaintiff.
Case adjd to 03.08.2022 for reply on NM and service affidavit.
LO at 2.00 p.m.
Bhargavi Rawal for plaintiff present.
Already adjourned reply on NM and service affidavit to 03/08/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: None present.
KB LO.
Adv. Bhargavi Raval Present for Plff.
None Present for Deft.
Adv of plff contended that she has not received copy of NM 2458/22.
Adj. For reply of NM 2458/22 and service affidavit of NM on 26/08/2022.
Next Purpose: REPLY
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv.Bhargavi Rawal for plaintiff present and contented that defendant has not served copy of NM and therefore, not able to file reply.
Case adj for reply of NM and service affidavit to 19/09/2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: None present.
KB. 1.00.
Adv. Bhargavi Ravl Present for Plff.
None Present for Deft.
Deft has not served copy of NM on plff inspite of many chances.
Adj. For dismissal of NM 2458/22 on 04/10/2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Adv. Rekha Shukla Present for Plff.
Adv. Khan Present for Deft.
Today adv of deft served copy of NM 2458/22 to adv of plff.
KB 1.00 pm.
Adv of plff submitted that, today she has received copy of NM 3458/22.
Adj. For Reply on NM 2458/22 by plff on 03/11/2022.
Next Purpose: REPLY
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: Adv. Bhargavi Raval Present for Plff.
None Present for Deft.
Adv of plff seeks time to file reply to NM 2458/22. Granted.
Adj. For Reply on NM 2458/22 on 18/11/2022.
Next Purpose: REPLY
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv. Yojana Gandhi h/f Adv. Rekha Shukla Present for Plff.
Adv. Omkar Kakd h/f Marooof Khan Present for Deft.
Ex.08 - Adv of plff has filed reply to NM 2458/22. Copy be served upon otherside.
Adj. For Hearing on NM 2458/22 on 13/12/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2023
Date: 04-01-2023
Business: None Present for Plff.
None Present for Deft.
Adj. For Hearing on NM 2458/22 on 24/01/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: Adv. Bhargavi Raval I/b Rekha Shukla Present for Plff.
None Present for Deft.
Heard argument of adv of plff on NM 2458/22.
Adj. For Order on NM 2458/22 on 07/02/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Adv. Smt. Rekha C. Shukla for plaintiff present
None present for defendant.
FRSR following order is passed..
ORDER
Notice of Motion No.2458/2022 is allowed as under.
Delay caused in filing Written Statement is hereby condoned subject costs of Rs.2,000/- to be paid to plaintiff till next date.
After compliance of above condition, the written statement will be taken on record.
--------
Case adjourned for compliance of above order to 01.03.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: Adv. Yojana Gandhi I/b Adv. Rekha Shukla Present for Plff.
Adv. Omkar Kakad h/f Adv. Maroof Khan Present for Deft.
Adv of plff contended that she has received costs of Rs.2000/- as per order dt.07/02/2023. Hence the WS is taken on record and marked as a exhibit -09.
adv of both parties seeks time for filing statement of truth. Granted.
Adj. For Statement of truth by both parties and address memo of deft on 29/03/2023.
Next Purpose: FOR___________________
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: Adv. Yojana Gandhi Present for Plff.
Adv. Omkar Kakd h/f Adv Maroof Khan Present for Deft.
Exh.10- Adv of deft has filed statement of truth. Copy be served to otherside.
Exh.11- Adv of deft has filed application for permission to file additional WS. Otherside to say.
Adv of deft also presented additional WS. Copy be served to otherside.
Adv of plff has given say on overleaf of application Exh.11.
Adj. For Hearing on Exh.11 on 12/04/2023.
Next Purpose: HEARING
Next Hearing Date: 12-04-2023
Date: 12-04-2023
Business: Adv. Yojana Gandhi Present for Plff.
Adv. Omkar Kakad h/f Adv. Maroof Khan Present for Deft.
Exh.12 - adv of plff has filed statement of truth. Copy served to otherside.
Heard argument of adv of both parties on Exh.11.
F.R.S.R. Following order passed on Exh.11.
ORDER
Application Exh.11 stands rejected.
Case adjourned for hearing on the point Whether subject matter of the suit is Commercial Dispute under Section 2(1)(c) of the Commercial Courts Act to 22/06/2023.
Next Purpose: HEARING
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Court is on leave. Hence, adjd.to
Next Purpose: HEARING
Next Hearing Date: 14-07-2023
Date: 14-07-2023
Business: None for plaintiff.
Adv Onkar Kakad h/f Adv. Maroof Khan for defendant present.
Heard, the Ld. Adv of defendant on the point of maintainability of suit as commercial suit.
KB LO at 1.50 P.M.
Adv Bhargavi Raval i/b Adv Rekha Shukla for plaintiff present.
Adv Onkar Kakad h/f Adv. Maroof Khan for defendant present.
Heard, Ld. adv for plaintiff. She fairly admitted that the dispute between the parties is not a commercial dispute therefore, court may give suitable direction for re-assignment of the suit as the Summary suit.
Order below Exh.01
Heard, Both sides. The ld. Adv. of plaintiff and the defendant admitted that the dispute between the parties is not commercial dispute as defined U/s 2 (1) (c) of the Commercial Courts Act, 2015. Hence, the Registry of this Court is hereby directed to re-assign the suit to proper Court other then the Commercial Courts. The parties are directed to appear on 26.07.2023 before the concerned Court to which the present matter will be re-assigned after conversion.
Next Purpose: DIRECTIONS
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: Adv. Raval for plaintiff present.
Adv. Kakad for defendant present.
Matter Adjd for directions to 12.09.2023.
Next Purpose: DIRECTIONS
Next Hearing Date: 12-09-2023
Date: 12-09-2023
Business: P.O. is on Leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 10-11-2023
Date: 10-11-2023
Business: P.O. is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-01-2024
Date: 24-01-2024
Business: Court is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: Court is Vacant.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-06-2024
Date: 19-06-2024
Business: P.O is on Training.
Next Purpose: DIRECTIONS
Next Hearing Date: 26-08-2024
Date: 26-08-2024
Business: None present.
Matter is adjourned to 29.11.2024 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 29-11-2024
Date: 29-11-2024
Business: None present.
Matter is adjourned to 24.02.2025 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-02-2025
Date: 24-02-2025
Business: None present.
Matter is adjourned to 06.05.2025 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-05-2025
Date: 06-05-2025
Business: Adv. Bhargavi Raval for plaintiff present through VC.
Matter is adjourned to 22.08.2025 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 22-08-2025
Date: 22-08-2025
Business: None present.
Matter is adjourned to 13.11.2025 for Direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 13-11-2025
Date: 13-11-2025
Business: Director Mr. Dilipkumar Atmaram Nagpal present and prayed for giving longer date as part payment towards settlement is received by him.
Matter is adjourned to 16.02.2026 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 16-02-2026
Date: 16-02-2026
Business: Partner of plaintiff company present.
Director of defendant present.
Order- There seems to be an element of settlement between the parties. Hence, parties are referred for mediation.
Matter is adjourned to 18.02.2026 for Mediation report.
LATER ON AT 2.45 P.M
Letter received from DLSA along with report taken on record and marked as Exh.13 and Exh.14 Order - Seen.
ORDER BELOW EXH.01
Perusal of the mediation report Exh.14 reveals the matter was amicably settled between the parties. Thereafter, plaintiff and defendant appeared before this court and admitted that they have settled the dispute out of the court. In view of the said, I proceed to pass following order -
ORDER
1. The Sum Su No.566/2023 is disposed of as settled.
2. The court fees be refunded as per rules.
3. The Sum Su No.566/2023 is disposed of.
Nature Of Disposal: COMPROMISE
Disposal Date: 16-02-2026