Date: 18-12-2019
Business: None present for plaintiff.
Adv. Soni Pande for defendant no. 1 present and filed draft NM along with affidavit. Leave granted to register draft NM.
Adv. Manek for defendant no. 2 present and filed original NM 4447/19 along with affidavit.
Matter stands Adj for reply to 18.02.2020.
Next Purpose: REPLY
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. P. S. Abrol for plaintiff present and filed two reply affidavit in NM no. 4921/19 and NM no. 4447/19. Copy served on other side. He submitted that as per order dated 20.03.2019, it was directed to the office to registered the suit as a commercial suit. But, it appears that the said order is not given effect and suit is not renumbered.
After hearing both the sides and making reference to section 2 (1)(c) (xv) of Commercial Courts Act, 2015, I find that the order dated 20.03.2019 is correct and needs to be given effect immediately
Adv. Sapana Pande for defendant no. 1 present and filed original NM no. 4921/19 for condonation of delay in filing WS along with affidavit. She also produced WS. Copy of the NM served on the other side. She sought time to file rejoinder to the reply of plaintiff. Time granted.
Adv. Nandesh for defendant no. 2 present.
Office is directed to comply with the order dated 20.03.2019 before next date.
Matter stands Adj for filing rejoinder and hearing on NM no. 4921/19 and 4447/19 to 11.03.2020.
Next Purpose: REJOINDER
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: None present for plaintiff present.
Adv. Sapna for defendant no. 1 present and filed rejoinder to NM no. 4921/19 and seeks time for argument. Time granted.
Matter stands Adj for hearing on Nm to 28.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Reason For Adjournment: National Lock Down
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 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Business: adjd to 14.07.2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2020
Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2020
Date: 22-07-2020
Business: N/M for hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: As Court is on leave
Next Purpose: NM FOR HEARING
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 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 11/11/ 2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2020
Date: 11-11-2020
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 23.11.2020 for hearing on notice of motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2020
Date: 23-11-2020
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 14/12/ 2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 08.01.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: CA of Plaintiff present.
None present for defendant.
Matter adjd to 22.01.2021 for NM Hearing.
LO
Adv.Kavita Singh for defendant present.
Matter adjd to 22.01.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Plaintiff absent.
Defendant absent.
Adv. for plaintiff absent.
Adv. Kavita Singh h/f Adv. Om Prakash Pandey for defendant no. 1 present.
Adv. for defendant no.1 seek time to argue on NM no. 4921 of 2019 O. time is granted.
Matter adjd to 27-01-2021 for argument.
L.O. at 12.10 pm.
Adv. Nandesh Mane for defendant no. 2 present.
Already adjd to 27-01-2021 for argument.
L.O. at 2.10 pm.
C.A. P.S.Abrol for plaintiff present.
Adv. for plaintiff tender application below Sec 32 of the advocates Act 1961.t.o.r. Marked as Exh. 03
O. Put up on date fixed.
Already adjd to 27-01-2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: None present for plaintiff.
Adv.Kavita Singh for defendant present.
KB
LO
Adv.Nandesh Manek h/f. Adv.J.P. Thakkar for defendant No.2 present.
KB
LO
Adv.Mr.Pandey for defendant No.1 present.
Heard Adv.Mr.Pandey on NM No.4921/19 t.o.r.
KB
LO
Plaintiffs CA present.
Adv.Nandesh Manek h/f. Adv.J.P. Thakkar for defendant No.2 present. He tendered application, Exh.4 to take written statement on record t.o.r. O-Plaintiff to say.
Matter adjd to 18.02.2021 for Say on Exh.4.
Next Purpose: REPLY
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: In view of notesheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dated 07.02.2019 and notesheet forwarded by the Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit is required to be reverted back to the original Court. Therefore, the suit be removed from the list of Commercial Court matters of this Court.
Next Purpose: REPLY
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: In view of the office orders the matter be placed before the new allotted Court on 21.04.2021.
Next Purpose: REPLY
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: Court is vacant
Next Purpose: REPLY
Next Hearing Date: 06-08-2021
Date: 06-08-2021
Business: Board discharge
Next Purpose: REPLY
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Court is vacant
Next Purpose: REPLY
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Court is Vacant.
Next Purpose: REPLY
Next Hearing Date: 05-02-2022
Date: 05-02-2022
Business: COURT IS VACANT
Next Purpose: REPLY
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: AS PO IS ON TRAINING
Next Purpose: REPLY
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Matter called out at 3.21 pm
Adv Urmila Pulekar I/b Adv Abhaysingh Shinde for plff present
Adv Nandesh Manek H/f J.P. Thakkar for Defendant No.2 present
Record shows that plff has filed reply to both Notice of Motions. Both the NM be fixed for Hrg.
Matter is adjd on 01.08.2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Matter called out at 4.33 p.m
None present for plff
Adv for Defendant No. 1 present.
Heard advocate for defendant No. 1 on Notice of Motion No. 4921/2019. adjourned for the argument on plaintiff.
Matter is adjd on 15.09.2022 for Argument of Plaintiff.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: Matter called out at 2.52 pm
None for plff
Adv Pramila Prajapati for defendant No.1 present
Matter is adjd on 28.11.2022 for NM Argument
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: PO is on leave. Hence, Board is discharged.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: Matter called out at 3.15 pm
Adv Tushar Kadam for plff present and submits that the mother of his senior is admitted in the hospital and seeks adjournment.
None for defendant
Matter is adjd on 27.02.2023 for NM Argument
Next Purpose: NM ARGUMENTS
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: Adv for plaintiff present and seeks time to argument. O-Time granted.
Adv. Nandesh Manek for defendant no.2 present.
Matter is adjd on 28/04/2023 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: Adv. Tushar Kadam for plaintiff present.
Adv. Nandesh Manek for defendant no. 1 present.
Matter is adjd on 10-07-2023 for Nm for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-07-2023
Date: 10-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy in recording evidence in sessions case hence, parties are directed to mark their appearance, file necessary application with Sheristedar. Hence, no effective hearing is taken place. Accordingly matter adjourned.
Adv.Tushar Kadam h/f Adv.P.S.Abrol for plaintiff present.
Adv.Ms.Suchita Pandey i/b M/s Pandey and Company for defendant No.1 present.
Adv.Nandesh A.Manek for defendant No.2 present.
Matter is adj to 11/09/2023 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy dictating judgment and orders hence, parties are directed to mark their appearance, file necessary application with Sheristedar. Hence, no effective hearing is taken place. Accordingly matter adjourned.
Adv.Ms.Suchita Pandey i/b M/s Pandey and Company for defendant No.1 present.
Adv.Nandesh A.Manek h/f Adv.Miss.J.P. Thakkar for defendant No.2 present.
Matter is adj to 17/10/2023 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2023
Date: 17-10-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for plaintiff.
Adv.Rahul Gupta M/s Pandey and Company for defendant No.1 present. He seeks time to argue on N/M No.4921/19.
Defendant NO.2 has moved N/M No.4447/19, however he failed to argue hence keep for necessary order.
Considering submission of advocate for defendant No.1, defendant No.1 has given last chance to argue on N/M.
Matter is adj to 14/12/2023 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2023
Date: 14-12-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None for plaintiff.
Adv.Pramila Prajapati for defendant No.1 present. She seeks time to argue on N/M No.4921/2019.
Defendant No.2 failed to argue on N/M No.4447/19. Hence said N/M be kept for dismissal order. In view of submission of advocate for defendant No.1, defendant no.1 is granted last chance to argue on N/M.
Matter is adj to 09/02/2024 for argument on N/M No.4921/19 and dismissal order on N/M No.4447/19.
Later on at 4.13pm
Adv.Nandesh Manek h/f Miss.J.P.Thakkar for defendant No.2 present. He argued on N/M No.4447/19.
Matter is adj to 09/02/2024 for argument by the plaintiff on N/M No.4447/19 or order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Plaintiff present, his advocate absent.
Adv.Omprakash Pandey a/w Adv.Pramila Prajapati for defendant No.1 present.
Adv.Nandesh Manek h/f Miss.J.P.Thakkar for defendant No.2 present.
Heard both the sides.
ORDER ON NOTICE OF MOTION NO.4447/2019.
This Notice of Motion No.4447/2019 moved by defendant No.2 to condone the delay of 7months 3days to file written statement on the ground that there was summer vacation hence he could not file written statement. The plaintiff resist the application on ground that the reason set out in the Notice of Motion is not justifiable hence prayed reject the same.
During the course of the argument the plaintiff submit that the proper order may be passed. There is substance in submission of the plaintiff that the fact that the defendant No.2 is a businessman and he has to travel is not sufficient to condone the delay without cost. Considering submission of both the sides and delay of 213days it would be just and proper to condone the delay on cost of Rs.2,000/- payable to the plaintiff. Accordingly Notice of Motion deserve to be allowed in the interest of the justice. Accordingly following order is passed-
1. Notice of Motion No.4447 of 2019 is allowed in terms of prayer clause (a) on cost of Rs.2,000/- payable to the plaintiff on or before next date.
2. The defendant No.2 to submit written statement on or before next date on record.
3. Accordingly Notice of Motion No.4447 of 2019 is disposed off.
Nature Of Disposal: ALLOWED
Disposal Date: 09-02-2024