South Eastern RoadwaysVsMirch Technologies Ltd.

Date: 20-12-2019
Business: Mrs. Kapadia h/f Kalyani G. Parmar, Advocate for Plaintiff, present.
On request of Ms.Parmar, issue notice U/o.XXI, Rule 22 of CPC, returnable on 03/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Ms. Leena Tenkar, advocate for the plaintiff present.
Ms. Tenkar states that the defendant have been served and on request of Ms. Tenkar, for taking further steps, adjd to 07/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Ms. Asmita Kapadiya Advocate for plaintiff present.
On request of Ms. Kapadiya for filing of affidavit of service adjourned to 14/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Ms. Asmita Kapadiya Advocate for plaintiff present.
Exe.application marked as Exh-A(Colly).
Ms. Kapadia has tendered affidavit of service proving service against defendant, t.o.r. and marked as Exh-B.
Defendant though served absent on call and on request of Ms. Kapadia, for taking further steps,  adjd to 18/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Ms. Amita Kapadia, advocate for the plaintiff present.
Ms. Kapadia prays for issue of warrants u/o XXI Rule 43 and 54 of CPC, by making the notice absolute, as defendant though served neither appeared nor filed any reply.
She further states that the properties sought to be attached belongs to defendant and free from all the encumbrances.
Hence, upon perusing affidavit of service, issue warrants as prayed for, returnable on 18/04/2020.
Next Purpose: FOR___________________
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR___________________
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Next Purpose: FOR___________________
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Next Purpose: FOR___________________
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Next Purpose: FOR___________________
Next Hearing Date: 29-07-2020

Date: 29-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: Ms.Kalyani Parmar, Advocate for Plaintiff present.  Shri Shivanand Mishra, Advocate for Defendant present.  Shri Krishnakant authorised signatory of defendant present.
Shri Shivand Mishra tendered Vakalatnama for Defendant, taken on record, marked as Exh-C.
Both the advocates state that the matter is settled out of Court and have tendered Consent Terms dated 18/12/2020, signed by Vikas Goyal, Authorised signatory of Plaintiff, Shri Krishnakant, Authorised signatory of Defendant and by their respective Advocates. Signatory of plaintiff is not present, whose signature is identified by Advocate for plaintiff and the advocate for Defendant and the signatory of Defendant have no objection for taking the Consent Terms on record.  Hence, Consent Terms read over, recorded and taken on record, marked as Exh.-D.
Ms.Parmar states that the warrants ordered to be issued, have not been issued and further states that the plaintiff has received Demand Draft No.64388 dated 14/12/2020, drawn on Bank of India for Rs.4,00,000/- as full and final settlement of the decretal amount and therefore, prays that the matter be disposed of as withdrawn being settled out of court.
In view of this Exe.Application stands disposed off as withdrawn, being settled out of Court, as per Consent Terms.
Nature Of Disposal: WITHDRAWL
Disposal Date: 18-12-2020

Main Case No: SUIT/0105185/2007
Main Cnr: MHCC010077952007
Main Filing No: 111447

Filing Number: 113449/2019
Filing Date: 06-12-2019
First Hearing Date: 20th December 2019
Decision Date: 18th December 2020
Court Number And Judge: 966-IC REGISTRAR CITY CIVIL COURT MUMBAI