Date: 19-11-2019
Business: By precipee.
Adv. Mr. Vaishnava for plff present and filed Draft Motion along-with affidavit. He submitted he has served the deft. He undertake filed affidavit of service.
None for deft present.
Heard, ld counsel for plff. on interim relief. He submitted that though the suit property it situated in Kolhapur Dist., the suit agreement/sale deed was executed at Mumbai. So also, the deft is residing at Mumbai at the address given in the cause title of the suit.
LO
Adv. Ms. Sana Shaikh for plff. present, and filed affidavit of served dtd. 19.11.2019. t.o.r.
Matter stands Adj for order on 20.11.2019.
Next Purpose: ORDER
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Adv. Sanna Shaikh for plaintiff present.
None present for defendant.
FRSR following order is passed on draft NM
ORDER
1.Prayer clause (b) of the draft Notice of Motion regarding interim relief is hereby granted and the defendant is directed to maintain status-quo regarding legal status of the suit property till next date.
2.Issue show-cause notice to the defendant as to why the interim relief granted to the plaintiff should not be confirmed.
3.Ld. Counsel for the plaintiff shall communicate this order to the defendant and make necessary compliance under Order 39 Rule 3 of CPC.
4.Sheristedar of the Court is directed to provide authenticated copy of today\''s Roznama to the Ld. Counsel for the plaintiff for his information and communicating the same to the defendant for compliance.
Matter stands Adj for compliance to 06.12.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2019
Date: 26-11-2019
Business: By praecipe matter is taken on today\''s board.
Adv. Vaishnav for plaintiff present and filed affidavit of service of NM and further affidavit in support of NM. He seeks leave to register the NM. Leave granted to register draft NM.
He submitted that as per further affidavit submitted today, the plaintiff had gone to Kagal Police Station, Dist. Kolhapur on 24.11.2019 and handedover certified copy of order of this court dated 20.11.2019.
Police had raised a query that the description of suit land is not given in the operative order of the court and asked the plaintiff to bring further order of the court specifying the description of the property.
In view of the above, Ld. counsel for plaintiff submitted that further order may be passed on the draft NM specifying the details of the property.
In view of the above submissions and after perusal of order passed by this court dated 20.11.2019, I proceed to pass the following further order on the draft NM
Further order on draft NM
1. It is clarified that, as per order dated 20.11.2019, prayer clause (b) of the draft NM is allowed, but it should be read as prayer clause (a) and (b) of draft NM is allowed.
2. The defendant is directed to maintain status quo regarding the legal status of the suit property which is described in Ex-A annexed with the plaint.
3.The description of the suit property as under- Plot of land situated at Jillha Tukadi Kolhapur, Pot Tukdi Kagal, Jilla Parishad Kolhapur, Tahsil Panchayat Samiti, Kagal, limit Taluka Kagal,
Gut no. 356/03, Sector no. 3-70 (Plaintiff share 1-20),
Aakar 9-63 (Plaintiff share 1-66)
Bounded-East- Gut no. 356/03 property
West- Gut no. 356/03 property
South- Gut no. 356/02 property.
North- Gut no. 357/03 property.
The above further order is passed on the oral request of the Ld. counsel for plaintiff for clarification of the description of the suit property.
None present for defendant.
Matter already Adj to 06.12.19.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-12-2019
Date: 06-12-2019
Business: Adv. Vaishnav for plaintiff present and seeks extension of time to register the NM. Time granted. He also filed on record photocopy of compliance report under O-39/R-3 of CPC and undertakes to file affidavit in that regard.
None present for defendant. In view of the submissions made before the court, earlier order dated 20.11.2019 and 26.11.2019 shall continue till next date.
Matter stands Adj for filing affidavit of compliance to 30.01.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv. Sanna Shaikh for plaintiff present.
Adv. Vidhi Singh for intervener i.e. Resolution professional Mr. Gaurav Adukiya of defendant company present and sought time to take appropriate proceeding for intervention. Short time granted.
Earlier order to continue till next date.
Matter stands Adj for taking steps to 13.02.2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Court is busy in hearing final arguments in suit no. 6266/05 and 6636/05. Hence, board is discharged.
Earlier order to continue till next date.
Matter stands Adj for taking steps to 01.04.2020
Adv. Nidhi Singh for intervener present and submitted that on the last date time was granted for taking steps and she will taking steps today itself by taking out CS. Considering the urgency the date may be preponed. She undertakes to serve the other sides with CS well in advance.
Keep back.
Later on
Adv. Nidhi Singh for intervener filed draft CS and draft NM along with affidavit. Leave granted to register draft CS and NM. She also filed VP.
Vakalatnama filed on behalf of intervener.
In view of the above, the date is preponed to 25.02.2020 for hearing on CS at 2.45 pm.
Next Purpose: C/S HEARING
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv. Vaishnav for plaintiff present and mentioned the matter in the morning that he will not available in the second session.
Called out at 3.45 pm.
Adv. Nidhi Singh with Adv. Kirti Vagal for intervener Mr. Gaurav Adukia present and original CS no. 331/20 and NM no. 773/20 along with affidavit. She also filed common affidavit of service on the plaintiff and also separate affidavit of service on defendant in CS no. 331/20
Heard Ld. counsel for intervener on CS no. 331/20.
None present for plaintiff and defendants. As per affidavit of service, the plaintiff and defendant have been served with Chamber summons no. 331/20 which seeks to add the applicant Mr. Gaurav Adukia as defendant no. 2, as per schedule I annexed with the CS by condoning the delay. After perusal of the affidavit in support of the CS, I find that as per section 7 of insolvency of Bankruptcy code 2016, proceedings have been initiated against the defendant and the same are admitted and pending before National Company Law Tribunal, Mumbai (W). Applicant has been appointed as interim resolution professional(IRP) and he is in possession of suit property. The moratorium period has expired on 30/12/19 and same has been extended for a period of 90 days i.e. till end of the March, 2020. Under the above circumstances the presence of applicant/proposed defendant no. 2 appears to be necessary before this court.
Hence, the CS no. 331/20 is hereby allowed and plaintiff is directed to carry out the amendment within two weeks from today and file on record the amended copy of plaint as per procedure.
Ld. counsel for intervener submitted that there is an urgency in the matter for hearing on interim order passed and continued by this court.
In view of the above, Matter stands Adj for NM hearing to 02.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2020
Date: 02-03-2020
Business: Adv. Vishnav for plaintiff present and seeks time for reply to N/M No.773/20
Adv. Nidhi Singh for intervener present and oppose the request of grant of time to file reply.
Heard both sides.
Ld. counsel for the intervener filed affidavit of service alongwith Exh. A to E. Considering the urgency pressed by ld. counsel for the intervener, two weeks time granted to file reply to the N/M with a direction to serve the copy of reply in advance to the intervener on 16.03.2020. No further adjournment will be granted.
Matter stands Adj for reply on 18.03.2020 in the afternoon
Next Purpose: REPLY
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: None present for plaintiff and defendant.
As per directions of office order no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
Matter stands Adj for Reply to 07.04.2020
Next Purpose: REPLY
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: REPLY
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: None for plaintiff.
Advocate Ms. Kirti Wagal for intervener present and submitted that the Plaintiff has not carried out amendment and has not filed reply to the NM filed by her.
She undertakes to inform the plaintiff about the next date.
The case is adjourned to 16.01.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Advocate Vaishnav for plaintiff present.
Advocate Ms. Saroj Ghatge i/b India Law LLP for intervener present.
With consent the case is adjourned to 22.01.2021 for NM reply/hearing.
Next Purpose: REPLY
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Advocate Vaishnawa for plaintiff present and seeks time as he is unwell. Time is granted.
None for intervener.
The case is adjourned to 03.03.2021 for NM reply/hearing.
LO at 02.05pm,
Advocate Ms.Kirti Wagal for intervener present.
Already the case is adjourned to 03.03.2021 for NM reply/ hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Advocate Vaishnawa for plaintiff present and seeks time.
He undertakes to serve the copy of reply on other side well in advance.
Advocate Ms.Kirti Wagal for defendant no. 2 present and objects for adjournment.
The case is adjourned to 15.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Advocate Vaishnawa for plaintiff present and seeks time to carry out the amendment.
Time is granted till next date.
Advocate Ms.Nidhi Singh for applicant present.
The case is adjourned to 22.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Advocate Vaishnawa for plaintiff present.
Advocate Ms.Nidhi Singh for defendant no. 2 present.
the case is adjourned to 28.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: Representative of plaintiff Mrs. Kalpita Nikumbh present.
Adv. Bharat Vishnawa for plaintiff present and tendered withdrawal application. t.o.r. and marked Exh -3.
Adv. Kirti Vagal for deft.No.2 present.
Order-
The deft. No.2 has given no objection for withdrawal of the suit. The plaintiff is permitted to withdraw the suit with liberty to institute a fresh suit for the subject matter of this suit. In view of this, Suit is disposed of as withdrawn. Consequently, all interim applications are disposed off.
Nature Of Disposal: WITHDRAWL
Disposal Date: 28-04-2021